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

Act current to 2016-08-15 and last amended on 2015-09-30. Previous Versions

Marginal note:Effective date of tariff

 Within forty-five business days after a tariff is filed by a Canadian carrier, the Commission shall

  • (a) approve the tariff, with or without amendments, or substitute or require the carrier to substitute another tariff for it;

  • (b) disallow the tariff; or

  • (c) make public written reasons why the Commission has not acted under paragraph (a) or (b) and specify the period of time within which the Commission intends to do so.

Marginal note:Just and reasonable rates
  •  (1) Every rate charged by a Canadian carrier for a telecommunications service shall be just and reasonable.

  • Marginal note:Unjust discrimination

    (2) No Canadian carrier shall, in relation to the provision of a telecommunications service or the charging of a rate for it, unjustly discriminate or give an undue or unreasonable preference toward any person, including itself, or subject any person to an undue or unreasonable disadvantage.

  • Marginal note:Questions of fact

    (3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25 or 29, or with any decision made under section 24, 25, 29, 34 or 40.

  • Marginal note:Burden of proof

    (4) The burden of establishing before the Commission that any discrimination is not unjust or that any preference or disadvantage is not undue or unreasonable is on the Canadian carrier that discriminates, gives the preference or subjects the person to the disadvantage.

  • Marginal note:Method

    (5) In determining whether a rate is just and reasonable, the Commission may adopt any method or technique that it considers appropriate, whether based on a carrier’s return on its rate base or otherwise.

  • Marginal note:Exception

    (6) Notwithstanding subsections (1) and (2), a Canadian carrier may provide telecommunications services at no charge or at a reduced rate

    • (a) to the carrier’s directors, officers, employees or former employees; or

    • (b) with the approval of the Commission, to any charitable organization or disadvantaged person or other person.

  • 1993, c. 38, s. 27;
  • 2014, c. 20, s. 239.

Roaming

 [Repealed, 2014, c. 20, s. 240]

Marginal note:Paper bill

 Any person who provides telecommunications services shall not charge a subscriber for providing the subscriber with a paper bill.

  • 2014, c. 39, s. 194.
Marginal note:Transmission of broadcasts
  •  (1) The Commission shall have regard to the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act in determining whether any discrimination is unjust or any preference or disadvantage is undue or unreasonable in relation to any transmission of programs, as defined in subsection 2(1) of that Act, that is primarily direct to the public and made

    • (a) by satellite; or

    • (b) through the terrestrial distribution facilities of a Canadian carrier, whether alone or in conjunction with facilities owned by a broadcasting undertaking.

  • Marginal note:Satellite transmission of broadcasts

    (2) Where a person who carries on a broadcasting undertaking does not agree with a Canadian carrier with respect to the allocation of satellite capacity for the transmission by the carrier of programs, as defined in subsection 2(1) of the Broadcasting Act, the Commission may allocate satellite capacity to particular broadcasting undertakings if it is satisfied that the allocation will further the implementation of the broadcasting policy for Canada set out in subsection 3(1) of that Act.

  • Marginal note:Idem

    (3) Before the Commission exercises its power under subsection (2), it shall take into account the carrier’s role as a telecommunications common carrier and any operational constraints identified by the carrier.

  • 1993, c. 38, s. 28;
  • 1999, c. 31, s. 200(F).
Marginal note:Approval of working agreements

 No Canadian carrier shall, without the prior approval of the Commission, give effect to any agreement or arrangement, whether oral or written, with another telecommunications common carrier respecting

  • (a) the interchange of telecommunications by means of their telecommunications facilities;

  • (b) the management or operation of either or both of their facilities or any other facilities with which either or both are connected; or

  • (c) the apportionment of rates or revenues between the carriers.

  • 1993, c. 38, s. 29;
  • 1999, c. 31, s. 201(F).
Marginal note:Recovery of charges

 In default of payment, a rate charged by a Canadian carrier in accordance with this Act for a telecommunications service constitutes a debt due to the carrier and may be recovered in a court of competent jurisdiction.

Marginal note:Limitations on liability

 No limitation of a Canadian carrier’s liability in respect of a telecommunications service is effective unless it has been authorized or prescribed by the Commission.

Marginal note:General powers

 The Commission may, for the purposes of this Part,

  • (a) approve the establishment of classes of telecommunications services and permit different rates to be charged for different classes of service;

  • (b) determine standards in respect of the technical aspects of telecommunications applicable to telecommunications facilities operated by or connected to those of a Canadian carrier;

  • (c) amend any tariff filed under section 25 or any agreement or arrangement submitted for approval under section 29;

  • (d) suspend or disallow any portion of a tariff, agreement or arrangement that is in its opinion inconsistent with this Part;

  • (e) substitute or require the Canadian carrier to substitute other provisions for those disallowed;

  • (f) require the Canadian carrier to file another tariff, agreement or arrangement, or another portion of it, in substitution for a suspended or disallowed tariff, agreement, arrangement or portion; and

  • (g) in the absence of any applicable provision in this Part, determine any matter and make any order relating to the rates, tariffs or telecommunications services of Canadian carriers.

Marginal note:Integral activities of affiliates

 Where a Canadian carrier provides a basic telecommunications service and, in the opinion of the Commission,

  • (a) an activity of an affiliate of the carrier is integral to the provision of the service by the carrier, and

  • (b) the Commission’s other powers under this Act are not sufficient for the purpose of ensuring that the rates charged by the carrier for telecommunications services are just and reasonable,

the Commission may, for that purpose, treat some or all of the earnings of the affiliate from the activity as if they were earnings of the carrier.

Forbearance

Marginal note:Forbearance by Commission
  •  (1) The Commission may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to a telecommunications service or class of services provided by a Canadian carrier, where the Commission finds as a question of fact that to refrain would be consistent with the Canadian telecommunications policy objectives.

  • Marginal note:Idem

    (2) Where the Commission finds as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is or will be subject to competition sufficient to protect the interests of users, the Commission shall make a determination to refrain, to the extent that it considers appropriate, conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to the service or class of services.

  • Marginal note:Exception

    (3) The Commission shall not make a determination to refrain under this section in relation to a telecommunications service or class of services if the Commission finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuance of a competitive market for that service or class of services.

  • Marginal note:Effect of forbearance

    (4) The Commission shall declare that sections 24, 25, 27, 29 and 31 do not apply to a Canadian carrier to the extent that those sections are inconsistent with a determination of the Commission under this section.

  • 1993, c. 38, s. 34;
  • 1999, c. 31, s. 202(F).
 
Date modified: