Marginal note:Regulations prescribing fees

• 68. (1) The Commission may, with the approval of the Treasury Board, make regulations prescribing fees, and respecting their calculation and payment, for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under this Act or any special Act.

• Marginal note:Debt due to Her Majesty

  (2) Fees required to be paid under this section constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.

Marginal note:Pre-publication of regulations

• 69. (1) Any regulations proposed to be made under section 67 or 68 shall be published in the Canada Gazette at least sixty days before their proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Commission with respect to the proposed regulations.

• Marginal note:Idem

  (2) Proposed regulations that are modified after publication need not be published again under subsection (1).

Marginal note:Application

69.1 This Part applies to telecommunications apparatus that can be

• (a) connected to telecommunications networks of Canadian carriers; and

• (b) used by a telecommunications service subscriber at their premises.

Marginal note:Technical acceptance certificate

• 69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.

• Marginal note:Specifications and markings

  (2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under paragraph 69.4(1)(a), unless the apparatus complies with those requirements.

Marginal note:Minister’s powers

• 69.3 (1) Subject to any regulations made under section 69.4, the Minister may, taking into account all matters that the Minister considers relevant to further the Canadian telecommunications policy objectives,

  • (a) issue technical acceptance certificates in respect of telecommunications apparatus and fix the duration and conditions of any such certificate;

  • (b) change the duration and amend the conditions of certificates;

  • (c) make available to the public any information set out in certificates;

  • (d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus;

  • (e) test telecommunications apparatus for compliance with technical specifications and markings required under this Part;

  • (f) require holders of, and applicants for, certificates to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question;

  • (g) require holders of certificates to inform the Minister of any material changes in information disclosed under paragraph (f);

  • (h) appoint inspectors for the purposes of this Part; and

  • (i) do any other thing necessary for the effective administration of this Part.

• Marginal note:Delegation of powers

  (2) The Minister may authorize any person to perform such powers on behalf of the Minister under paragraph (1)(a) as the Minister may determine and subject to the conditions that the Minister may fix.

• Marginal note:Suspension or revocation of certificate

  (3) The Minister may suspend or revoke a certificate

  • (a) with the consent of the holder of the certificate;

  • (b) after giving written notice to the holder and giving the holder a reasonable opportunity to make representations to the Minister with respect to the notice, if the Minister is satisfied that

    • (i) the holder has contravened this Part, the regulations or the conditions of the certificate, or

    • (ii) the certificate was obtained through misrepresentation; or

  • (c) on giving written notice of suspension or revocation to the holder, without having to give the holder an opportunity to make representations to the Minister with respect to the notice, if the holder has failed to comply with a request to pay fees or interest due.