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

Marginal note:Regulations

• 69.4 (1) The Governor in Council may make regulations

  • (a) respecting requirements for technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus;

  • (b) prescribing telecommunications apparatus, or classes of telecommunications apparatus, in respect of which a technical acceptance certificate is required;

  • (c) respecting the inspection, testing and approval of telecommunications apparatus in relation to technical acceptance certificates;

  • (d) prescribing the form of technical acceptance certificates or markings, or any class of certificates or markings;

  • (e) prescribing the procedure governing applications for technical acceptance certificates, or any class of certificates, and the issuing of certificates by the Minister;

  • (f) prescribing the conditions of technical acceptance certificates, including conditions as to the services that may be provided by the holder of a certificate;

  • (g) prescribing the eligibility and qualifications of persons who may be appointed as inspectors, and the duties of inspectors;

  • (h) for giving effect to international agreements, conventions or treaties respecting telecommunications apparatus to which Canada is a party;

  • (i) prescribing fees for technical acceptance certificates, applications for certificates and examinations or testing in relation to certificates, and respecting interest payable on unpaid fees;

  • (j) prescribing anything that by this Part is to be prescribed; and

  • (k) generally for carrying out the purposes and provisions of this Part.

• Marginal note:Incorporation by reference

  (2) For greater certainty, a regulation made under subsection (1) incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time.

Marginal note:Powers of inspectors

• 69.5 (1) Subject to subsection (2), an inspector appointed under paragraph 69.3(1)(h) may, at any reasonable time, for the purpose of enforcing this Part,

  • (a) enter any place of business that the inspector believes on reasonable grounds is being used to distribute, lease, offer for sale, sell or import any telecommunications apparatus referred to in section 69.2;

  • (b) examine any telecommunications apparatus found in a place referred to in paragraph (a); and

  • (c) examine any logs, books, reports, test data, records, shipping bills, bills of lading or other documents or papers found in a place referred to in paragraph (a) that the inspector believes on reasonable grounds contain information relevant to the enforcement of this Part, and make copies of, or take extracts from, them.

• Marginal note:Assistance to inspectors

  (2) The owner or person in charge of a place entered by an inspector shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Part, and shall give the inspector any information that the inspector reasonably requests.

• Marginal note:Obstruction, false information

  (3) When an inspector is carrying out duties under this Part, no person shall

  • (a) resist or wilfully obstruct the inspector; or

  • (b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.