Marginal note:Meaning of “telecommunications service”

23. For the purposes of this Part and Part IV, “telecommunications service” has the same meaning as in section 2 and includes any service that is incidental to the business of providing telecommunications services.

Marginal note:Conditions of service

24. The offering and provision of any telecommunications service by a Canadian carrier are subject to any conditions imposed by the Commission or included in a tariff approved by the Commission.

Marginal note:Telecommunications rates to be approved

• 25. (1) No Canadian carrier shall provide a telecommunications service except in accordance with a tariff filed with and approved by the Commission that specifies the rate or the maximum or minimum rate, or both, to be charged for the service.

• Marginal note:Filing of joint tariffs

  (2) A joint tariff agreed on by two or more Canadian carriers may be filed by any of the carriers with an attestation of the agreement of the other carriers.

• Marginal note:Form of tariffs

  (3) A tariff shall be filed and published or otherwise made available for public inspection by a Canadian carrier in the form and manner specified by the Commission and shall include any information required by the Commission to be included.

• Marginal note:Special circumstances

  (4) Notwithstanding subsection (1), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate

  • (a) was charged because of an error or other circumstance that warrants the ratification; or

  • (b) was imposed in conformity with the laws of a province before the operations of the carrier were regulated under any Act of Parliament.

Marginal note:Effective date of tariff

26. 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

• 27. (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 section 25, this section or section 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.