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

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

International Submarine Cable Licences

Marginal note:Licence required

 No person shall construct or operate an international submarine cable or construct or operate any works or facilities for the purpose of operating an international submarine cable except in accordance with an international submarine cable licence that has been issued to the person and that the person remains eligible under the regulations to hold.

Marginal note:Application

 An application for the issuance, renewal or amendment of an international submarine cable licence must be made in the prescribed form and manner and be accompanied by the prescribed information and the prescribed fee or a fee calculated in the prescribed manner.

  • 1993, c. 38, s. 18;
  • 1999, c. 31, s. 197(F).
Marginal note:Issuance of licences
  •  (1) The Minister may, on application, issue an international submarine cable licence to a person who is eligible under the regulations to hold the licence.

  • Marginal note:Conditions

    (2) An international submarine cable licence may contain such conditions as the Minister considers are consistent with the Canadian telecommunications policy objectives.

  • Marginal note:Term

    (3) The term of an international submarine cable licence may not exceed ten years on issuance of the licence or on renewal.

  • Marginal note:Amendment, renewal and transfer

    (4) An international submarine cable licence may be amended or renewed on application by the licensee, but a licence is not transferable except with the consent of the Minister.

  • 1993, c. 38, s. 19;
  • 1998, c. 8, s. 4.
Marginal note:Suspension and revocation of licences
  •  (1) The Minister may suspend or revoke an international submarine cable licence whenever the Minister believes on reasonable grounds that the licensee has ceased to be eligible under the regulations or has contravened this Act, the regulations or any condition of the licence but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Minister.

  • Marginal note:Idem

    (2) The Minister may suspend or revoke an international submarine cable licence on application made by or with the consent of the licensee.

Documentary Evidence

Marginal note:Supporting affidavit

 The Minister may require the furnishing of an affidavit or a solemn declaration attesting to the authenticity of any document provided under this Part or the regulations, or to the truth of any fact stated in any such document or in any application submitted under this Part.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may, in relation to Canadian carriers’ eligibility under section 16 to operate as telecommunications common carriers, make regulations

    • (a) respecting information that is to be provided, the persons by whom and to whom it is to be provided, the manner in which and the time within which it is to be provided and the consequences of failing to provide it;

    • (b) respecting the circumstances and the manner in which a Canadian carrier, in order to maintain its eligibility, may control the acquisition and ownership of its voting shares, restrict, suspend or refuse to recognize ownership rights in respect of those shares and require holders of those shares to dispose of them;

    • (c) authorizing the board of directors of a Canadian carrier to pay a dividend or to make any other distribution with respect to voting shares that would otherwise be prohibited because the shares were held in contravention of section 16 or any regulations made under this subsection where, in the board’s opinion, the contravention was inadvertent or of a technical nature or it would be otherwise inequitable not to pay the dividend or make the distribution;

    • (d) respecting the circumstances and the manner in which a Canadian carrier may restrict voting rights attached to shares, or suspend or void the exercise of those rights, in order to maintain its eligibility;

    • (e) respecting the circumstances and the manner in which a Canadian carrier may

      • (i) sell, redeem or purchase shares held contrary to section 16 or any regulations made under this subsection, and

      • (ii) deal with the proceeds of sale and reimburse any purchasers of the shares in good faith;

    • (f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance;

    • (g) respecting the verification by the Commission of a Canadian carrier’s eligibility, the measures the Commission may take to maintain the carrier’s eligibility, including exercising the powers of the carrier’s board of directors and countermanding its decisions, and the circumstances and manner in which the Commission may take those measures;

    • (h) respecting the circumstances and manner in which the Commission and its members, officers or employees, or its agents or mandataries, or a Canadian carrier and its directors, officers and employees, and its agents or mandataries, may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility;

    • (i) defining the words successor and Canadian for the purposes of section 16; and

    • (j) prescribing anything that is to be prescribed and generally for carrying out the purposes and provisions of section 16 and this subsection.

  • Marginal note:Idem

    (2) The Governor in Council may, in relation to international submarine cable licences, make regulations

    • (a) prescribing the procedure governing applications for licences, including the form of applications, the information to accompany them and the manner of filing, processing and disposing of them;

    • (b) respecting the form of licences and the information they must include and requiring licensees to publish or otherwise make them available for public inspection;

    • (c) prescribing classes of international submarine cable licences and determining the persons eligible to hold licences of any particular class;

    • (d) prescribing fees, or the manner of calculating fees, in respect of licences and prescribing the manner in which the fees are to be paid; and

    • (e) generally for carrying out the purposes and provisions of sections 17 to 20.

  • Marginal note:Liability for fees

    (3) Fees required to be paid under this Part constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.

  • Marginal note:Publication of proposed regulations

    (4) Any regulations proposed to be made under this section 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 Minister with respect to the proposed regulations.

  • Marginal note:Idem

    (5) Proposed regulations that are modified after publication need not be published again under subsection (4).

  • 1993, c. 38, s. 22;
  • 1998, c. 8, s. 5;
  • 1999, c. 31, s. 198(F);
  • 2004, c. 25, s. 176.

PART IIIRates, Facilities and Services

Provision of Services

Marginal note:Meaning of telecommunications service

 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

 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:Conditions of service — person other than Canadian carrier

 The offering and provision of any telecommunications service by any person other than a Canadian carrier are subject to any conditions imposed by the Commission, including those relating to

  • (a) service terms and conditions in contracts with users of telecommunications services;

  • (b) protection of the privacy of those users;

  • (c) access to emergency services; and

  • (d) access to telecommunications services by persons with disabilities.

  • 2014, c. 39, s. 193.
Marginal note:Telecommunications rates to be approved
  •  (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.

  • 1993, c. 38, s. 25;
  • 1999, c. 31, s. 199(F).
 
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