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

Act current to 2017-12-11 and last amended on 2015-09-30. Previous Versions

Evidence

Marginal note:Judicial notice

 A decision of the Commission or a tariff approved by the Commission that is published in the Canada Gazette by or with leave of the Commission shall be judicially noticed.

Marginal note:Business documents
  •  (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.

  • Marginal note:Ministerial or Commission documents

    (2) A document appearing to be signed by the Minister, the Chairperson of the Commission or the secretary to the Commission is evidence of the official character of the person appearing to have signed it and, in the case of the Chairperson or secretary, of its issuance by the Commission, and if the document appears to be a copy of a decision or report, it is evidence of its contents.

  • Marginal note:Copies

    (3) A copy of a document submitted to the Commission and appearing to be certified as a true copy by the secretary to the Commission is, without proof of the secretary’s signature, evidence of the original, of its submission to the Commission, of the date of its submission and of the signature of any person appearing to have signed it.

  • Marginal note:Certificate

    (4) A certificate appearing to be signed by the secretary to the Commission and bearing the Commission’s seal is evidence of its contents without proof of the signature.

  • 1993, c. 38, s. 66;
  • 2001, c. 34, s. 32(E);
  • 2004, c. 25, s. 178.

Regulations

Marginal note:Regulations
  •  (1) The Commission may make regulations

    • (a) prescribing standards governing the height of transmission lines of Canadian carriers, not inconsistent with standards prescribed under any other Act of Parliament;

    • (b) establishing rules respecting its practice and procedure;

    • (b.1) prescribing classes of international telecommunications service licences;

    • (b.2) requiring international telecommunications service licensees to publish their licences or otherwise make them available for public inspection;

    • (c) establishing the criteria for the awarding of costs; and

    • (d) generally for carrying out the purposes and provisions of this Act or any special Act.

  • Marginal note:Application

    (2) Regulations made by the Commission may be of general application or applicable in respect of a particular case or class of cases.

  • Marginal note:Incorporation by reference

    (3) Regulations made by the Commission incorporating any standard or enactment by reference may incorporate it as amended from time to time.

  • 1993, c. 38, s. 67;
  • 1998, c. 8, s. 7.
Marginal note:Regulations prescribing fees
  •  (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
  •  (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).

PART IV.1Telecommunications Apparatus

Application

Marginal note:Application

 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.

  • 1998, c. 8, s. 8.

Prohibitions

Marginal note:Registration
  •  (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.

  • 1998, c. 8, s. 8;
  • 2014, c. 39, s. 196.

Minister’s Powers

Marginal note:Minister’s powers
  •  (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.

  • 1998, c. 8, s. 8;
  • 2014, c. 39, s. 197.
 
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