Telecommunications Act (S.C. 1993, c. 38)

Act current to 2014-03-16 and last amended on 2012-06-29. Previous Versions

PART IVADMINISTRATION

Exercise of Powers

Marginal note:Commission subject to orders and standards

 The Commission shall exercise its powers and perform its duties under this Act and any special Act

  • (a) with a view to implementing the Canadian telecommunications policy objectives and ensuring that Canadian carriers provide telecommunications services and charge rates in accordance with section 27; and

  • (b) in accordance with any orders made by the Governor in Council under section 8 or any standards prescribed by the Minister under section 15.

Marginal note:Inquiries and determinations
  •  (1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under Part II, except in relation to international submarine cables, Part III or this Part or under any special Act, and the Commission shall inquire into any matter on which it is required to report or take action under section 14.

  • Marginal note:Interested persons

    (2) The decision of the Commission that a person is or is not an interested person is binding and conclusive.

Marginal note:Quorum

 For the purposes of this Act, a quorum of the Commission consists of two members, but in uncontested matters a quorum consists of one member.

Marginal note:Extension of time

 The Commission may extend the period, whether fixed by regulation or otherwise, for doing anything required to be done in proceedings before it or under any of its decisions.

Marginal note:Mandatory and restraining orders

 The Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under this Act or any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act or any special Act.

Marginal note:Questions of law and fact
  •  (1) The Commission may, in exercising its powers and performing its duties under this Act or any special Act, determine any question of law or of fact, and its determination on a question of fact is binding and conclusive.

  • Marginal note:Factual findings of court

    (2) In determining a question of fact, the Commission is not bound by the finding or judgment of any court, but the finding or judgment of a court is admissible in proceedings of the Commission.

  • Marginal note:Pending proceedings

    (3) The power of the Commission to hear and determine a question of fact is not affected by proceedings pending before any court in which the question is in issue.

Marginal note:Counsel assigned by Minister of Justice

 Where an issue of particular importance affecting the public interest arises, or may arise, in the course of proceedings before the Commission, the Minister of Justice may, at the request of the Commission or of the Minister’s own motion, instruct counsel to intervene in the proceedings with respect to the issue.