Marginal note:Drainage and utilities
45. On application by a municipality or other public authority, or by an owner of land, the Commission may authorize the construction of drainage works or the laying of utility pipes on, over, under or along a transmission line of a Canadian carrier or any lands used for the purposes of a transmission line, subject to any conditions that the Commission determines.
- 1993, c. 38, s. 45;
- 1999, c. 31, s. 205(F).
Marginal note:Expropriation by carrier
46. (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.
Marginal note:Copies of opinion
(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest or right in, the land.
(3) For the purposes of the Expropriation Act, if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public,
(a) the land or the interest or right in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;
(b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and
(c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or the interest or right in land.
Marginal note:Liability to Crown for expenses
(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or any interest or right in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.
- 1993, c. 38, s. 46;
- 2004, c. 25, s. 177.
Telecommunications Numbering and Other Matters
Marginal note:Administration by Commission
46.1 The Commission may, if it determines that to do so would facilitate the interoperation of Canadian telecommunications networks,
(i) databases or information, administrative or operational systems related to the functioning of telecommunications networks, or
(ii) numbering resources used in the functioning of telecommunications networks, including the portion of the North American Numbering Plan resources that relates to Canadian telecommunications networks; and
(b) determine any matter and make any order with respect to the databases, information, administrative or operational systems or numbering resources.
- 1998, c. 8, s. 6.
- Date modified: