AMENDMENTS NOT IN FORCE

• — 2010, c. 23, s. 88

  • 88. (1) Subsection 39(2) of the Telecommunications Act is replaced by the following:

    • Information not to be disclosed

      (2) Subject to subsections (4), (5), (5.1) and (6), where a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any person who may benefit from the information or use the information to the detriment of any person to whose business or affairs the information relates.

  • (2) Section 39 of the Act is amended by adding the following after subsection (5):

    • Disclosure

      (5.1) The Commission may disclose designated information obtained by it in the performance or exercise of its duties or powers related to section 41, in respect of conduct carried out by electronic means, in accordance with subsection 58(1) or 60(1) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.

• — 2010, c. 23, s. 89

  • 89. (1) Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following:

    • Exception

      (2) Despite subsection (1), the Commission may not prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is

      • (a) a commercial electronic message to which section 6 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies; or

      • (b) a commercial electronic message referred to in subsection 6(5) of that Act, except to the extent that it is one referred to in subsection 6(8) of that Act.

  • (2) Subsection 41(2) of the Act, as enacted by subsection (1), is replaced by the following:

    • Exception

      (2) Despite subsection (1), the Commission may not prohibit — or, except to the extent provided by subsection (3), regulate — the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is a commercial electronic message to which An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies or a commercial electronic message referred to in subsection 6(5) of that Act.

    • Regulation

      (3) For the purposes of subsection (2), the Commission may regulate, with respect to the types of telecommunications described in subsection (4),

      • (a) the hours during which the telecommunications facilities of a Canadian carrier may be used by any person;

      • (b) the contact information to be provided by a person referred to in subsection (2) and the circumstances in which and persons to whom it must be provided;

      • (c) telecommunications made to medical or emergency services; and

      • (d) telecommunications where a live operator is not immediately available when the recipient of the telecommunication connects to it.

    • Types of telecommunications

      (4) For the purposes of subsection (3), the types of telecommunications are those that are

      • (a) in whole or in part, interactive two-way voice communications between individuals;

      • (b) sent by means of a facsimile to a telephone account; or

      • (c) voice recordings sent to a telephone account.

• — 2010, c. 23, s. 90

  2005, c. 50, s. 1

  90. Sections 41.1 to 41.7 of the Act are repealed.