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

Prohibitions

Marginal note:Registration

• 69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which registration is required under this Act, unless it is registered.

• 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 section 69.3 or 69.4, unless the apparatus complies with those requirements.

Minister’s Powers

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) register telecommunications apparatus and fix any conditions and the duration of the registration;

  • (a.1) establish requirements for the registration of telecommunications apparatus;

  • (a.2) establish the procedure governing applications for registration;

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

  • (c) make available to the public any information regarding the registered telecommunications apparatus;

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

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

  • (f) require an applicant for registration to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question;

  • (f.1) establish fees for registration, applications for registration and examinations or testing in relation to registration, and respecting interest payable on unpaid fees;

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

  • (g.1) establish requirements to recognize and designate foreign and domestic persons that are competent to assess whether telecommunications apparatus complies with the applicable foreign or domestic technical specifications;

  • (h) [Repealed, 2014, c. 39, s. 197]

  • (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 exercise any of the powers that are granted to the Minister under this Part, or by the regulations made under this Part, subject to any conditions that the Minister may fix.

• Marginal note:Suspension or revocation of registration

  (3) The Minister may suspend or revoke a registration

  • (a) with the consent of the registrant;

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

    • (i) the registrant has contravened this Part, the regulations made under this Part or the conditions of the registration,

    • (ii) the registration was obtained through misrepresentation, or

    • (iii) the apparatus does not comply with the applicable technical specifications or markings; or

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

Powers of Governor in Council and Others

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) [Repealed, 2014, c. 39, s. 198]

  • (c) respecting the inspection, testing and approval of telecommunications apparatus in respect of a registration;

  • (d) prescribing the form of registration or markings, or any class of registration or markings;

  • (e) and (f) [Repealed, 2014, c. 39, s. 198]

  • (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) [Repealed, 2014, c. 39, s. 198]

  • (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.

69.5 [Repealed, 2014, c. 39, s. 199]

PART VInvestigation and Enforcement

Inquiries

Marginal note:Appointment by Commission

• 70 (1) The Commission may appoint any person to inquire into and report to the Commission on any matter

  • (a) pending before the Commission or within the Commission’s jurisdiction under this Act or any special Act; or

  • (b) on which the Commission is required to report under section 14.

• Marginal note:Appointment by Minister

  (2) The Minister may, with the approval of the Governor in Council, appoint any person to inquire into and report to the Minister on any matter in respect of which this Act or any special Act applies, and a copy of the report shall be sent to the Commission.

• Marginal note:Powers

  (3) For the purposes of an inquiry, a person appointed under this section has all the powers of a Commissioner under Part I of the Inquiries Act and of an inspector under subsection 71(4).

• Marginal note:Disclosure

  (4) The rules in section 39 respecting the designation and disclosure of information apply in respect of any information submitted to a person, or obtained in proceedings before a person, appointed under this section as if that person were a member of the Commission exercising the powers of the Commission.

• Marginal note:In camera hearings

  (5) The rules in section 54 respecting in camera hearings apply in hearings held before a person appointed under this section.

Inspection

Marginal note:Designation of inspectors

• 71 (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act, with sections 51 to 53 of the Accessible Canada Act and with the decisions of the Commission under this Act.

• Marginal note:Designation of inspectors

  (2) The Minister may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act for which the Minister is responsible.

• Marginal note:Certificate

  (3) An inspector shall be provided with a certificate of designation, which certificate the inspector shall present at the request of any person appearing to be in charge of any place entered by the inspector.

• Marginal note:Powers of inspectors

  (4) An inspector may, subject to subsection (5), for the purposes for which the inspector was designated an inspector,

  • (a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act, and examine the document, information or thing or remove it for examination or reproduction;

  • (b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

  • (c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

  • (d) use any copying equipment or means of communication in the place.

• Marginal note:Warrant required to enter dwelling-house

  (5) An inspector may not enter a dwelling-house without the consent of the occupant or under the authority of a warrant.

• Marginal note:Authority to issue warrant

  (6) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions spec­ified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place described in paragraph (4)(a);

  • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act; and

  • (c) entry has been refused or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• Marginal note:Use of force

  (7) An inspector executing a warrant issued under subsection (6) shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Assistance to inspectors

  (8) The owner or person in charge of a place entered by an inspector shall provide all assistance that is reasonably required to enable the inspector to perform their functions under this Part, and shall provide any information that is reasonably expected for that purpose.

• Marginal note:Information requirement

  (9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

• Marginal note:Obstruction, false information

  (10) No person shall

  • (a) resist or wilfully obstruct the inspector in carrying out his or her duties; or

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

Civil Liability

Marginal note:Damages

• 72 (1) Subject to any limitation of liability imposed in accordance with this or any other Act, a person who has sustained loss or damage as a result of any act or omission that is contrary to this Act or any special Act or a decision or regulation made under either of them may, in a court of competent jurisdiction, sue for and recover an amount equal to the loss or damage from any person who engaged in, directed, authorized, consented to or participated in the act or omission.

• Marginal note:Limitation

  (2) An action may not be brought in respect of any loss or damage referred to in subsection (1) more than two years after the day on which the act or omission occurred.

• Marginal note:Exception

  (3) Nothing in subsection (1) or (2) applies to any action for breach of a contract to provide telecommunications services or any action for damages in relation to a rate charged by a Canadian carrier.

General Administrative Monetary Penalties Scheme

Marginal note:Commission of violation

72.001 Every contravention of a provision of this Act, other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable

• (a) in the case of an individual, to an administrative monetary penalty not exceeding $25,000 and, for a subsequent contravention, a penalty not exceeding $50,000; or

• (b) in any other case, to an administrative monetary penalty not exceeding $10,000,000 and, for a subsequent contravention, a penalty not exceeding $15,000,000.

Marginal note:Criteria for penalty

• 72.002 (1) The amount of the penalty is to be determined by taking into account the following factors:

  • (a) the nature and scope of the violation;

  • (b) the history of compliance with this Act, the regulations or the decisions made by the Commission under this Act, by the person who committed the violation;

  • (c) any benefit that the person obtained from the commission of the violation;

  • (d) the person’s ability to pay the penalty;

  • (e) any factors established by any regulations; and

  • (f) any other relevant factor.

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with this Act, the regulations or the decisions made by the Commission under this Act, and not to punish.

Marginal note:Procedures

72.003 Despite subsection 72.005(1), the Commission may impose a penalty in a decision in the course of a proceeding before it under this Act in which it finds that there has been a contravention of a provision, a regulation or a decision referred to in section 72.001.

Marginal note:Power of Commission — violation

72.004 The Commission may

• (a) designate a person, or class of persons, that is authorized to issue notices of violation or accept an undertaking; and

• (b) establish, in respect of each violation, a short-form description to be used in notices of violation.