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

Act current to 2014-04-02 and last amended on 2012-06-29. Previous Versions

Her Majesty

Marginal note:Act binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Application

Marginal note:Broadcasting excluded

 This Act does not apply in respect of broadcasting by a broadcasting undertaking.

Marginal note:Application

 A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act.

  • 1993, c. 38, s. 5;
  • 2004, c. 25, s. 175.
Marginal note:Special Acts

 The provisions of this Act prevail over the provisions of any special Act to the extent that they are inconsistent.

Canadian Telecommunications Policy

Marginal note:Objectives

 It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada’s identity and sovereignty and that the Canadian telecommunications policy has as its objectives

  • (a) to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions;

  • (b) to render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada;

  • (c) to enhance the efficiency and competitiveness, at the national and international levels, of Canadian telecommunications;

  • (d) to promote the ownership and control of Canadian carriers by Canadians;

  • (e) to promote the use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada;

  • (f) to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective;

  • (g) to stimulate research and development in Canada in the field of telecommunications and to encourage innovation in the provision of telecommunications services;

  • (h) to respond to the economic and social requirements of users of telecommunications services; and

  • (i) to contribute to the protection of the privacy of persons.

Powers of Governor in Council, Commission and Minister

Marginal note:Directions

 The Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to the Canadian telecommunications policy objectives.

Marginal note:Exemptions
  •  (1) The Commission may, by order, exempt any class of Canadian carriers from the application of this Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives.

  • Marginal note:Inquiry and determination

    (2) The Commission may, on application by any interested person or on its own motion, inquire into and determine whether any condition of an exemption order has been complied with.

  • Marginal note:Interested persons

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

  • 1993, c. 38, s. 9;
  • 1999, c. 31, s. 196(F).