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

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

PART IVAdministration

Exercise of Powers

Marginal note:Commission subject to orders and standards

 The Commission shall exercise its powers and perform its duties under this Act and any special Act

  • (a) with a view to implementing the Canadian telecommunications policy objectives and ensuring that Canadian carriers provide telecommunications services and charge rates in accordance with section 27; and

  • (b) in accordance with any orders made by the Governor in Council under section 8 or any standards prescribed by the Minister under section 15.

Marginal note:Inquiries and determinations
  •  (1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under Part II, except in relation to international submarine cables, Part III or this Part or under any special Act, and the Commission shall inquire into any matter on which it is required to report or take action under section 14.

  • Marginal note:Interested persons

    (2) The decision of the Commission that a person is or is not an interested person is binding and conclusive.

Marginal note:Quorum

 For the purposes of this Act, a quorum of the Commission consists of two members, but in uncontested matters a quorum consists of one member.

Marginal note:Extension of time

 The Commission may extend the period, whether fixed by regulation or otherwise, for doing anything required to be done in proceedings before it or under any of its decisions.

Marginal note:Mandatory and restraining orders

 The Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under this Act or any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act or any special Act.

Marginal note:Questions of law and fact
  •  (1) The Commission may, in exercising its powers and performing its duties under this Act or any special Act, determine any question of law or of fact, and its determination on a question of fact is binding and conclusive.

  • Marginal note:Factual findings of court

    (2) In determining a question of fact, the Commission is not bound by the finding or judgment of any court, but the finding or judgment of a court is admissible in proceedings of the Commission.

  • Marginal note:Pending proceedings

    (3) The power of the Commission to hear and determine a question of fact is not affected by proceedings pending before any court in which the question is in issue.

Marginal note:Counsel assigned by Minister of Justice

 Where an issue of particular importance affecting the public interest arises, or may arise, in the course of proceedings before the Commission, the Minister of Justice may, at the request of the Commission or of the Minister’s own motion, instruct counsel to intervene in the proceedings with respect to the issue.

Marginal note:In camera hearings

 A hearing or a portion of a hearing before the Commission may, on the request of any party to the hearing, or on the Commission’s own motion, be held in camera if that party establishes to the satisfaction of the Commission, or the Commission determines, that the circumstances of the case so require.

Marginal note:Judicial powers

 The Commission has the powers of a superior court with respect to

  • (a) the attendance and examination of witnesses;

  • (b) the production and examination of any document, information or thing;

  • (c) the enforcement of its decisions;

  • (d) the entry on and inspection of property; and

  • (e) the doing of anything else necessary for the exercise of its powers and the performance of its duties.

Marginal note:Award of costs
  •  (1) The Commission may award interim or final costs of and incidental to proceedings before it and may fix the amount of the costs or direct that the amount be taxed.

  • Marginal note:Payment of costs

    (2) The Commission may order by whom and to whom any costs are to be paid and by whom they are to be taxed and may establish a scale for the taxation of costs.

Marginal note:Rules, orders and regulations

 The Commission may make rules, orders and regulations respecting any matter or thing within the jurisdiction of the Commission under this Act or any special Act.

Guidelines and Advice

Marginal note:Guidelines

 The Commission may from time to time issue guidelines and statements with respect to any matter within its jurisdiction under this Act or any special Act, but the guidelines and statements are not binding on the Commission.

Marginal note:Advice
  •  (1) Where a person proposes to provide a telecommunications service that would utilize telecommunications services obtained from a Canadian carrier, the Commission may, on application by the person or the carrier, advise the applicant whether and under what conditions the carrier is obliged or entitled to provide telecommunications services for the purpose of that utilization under the applicable decisions of the Commission and tariffs of the carrier, but the advice is not binding on the Commission.

  • Marginal note:Saving

    (2) This section does not affect the power of the Commission to advise any person with respect to any other matter within its jurisdiction.

Decisions of Commission

Marginal note:Partial or additional relief

 The Commission may grant the whole or any portion of the relief applied for in any case, and may grant any other relief in addition to or in substitution for the relief applied for as if the application had been for that other relief.

Marginal note:Conditional decisions
  •  (1) The Commission may, in any decision, provide that the whole or any portion of the decision shall come into force on, or remain in force until, a specified day, the occurrence of a specified event, the fulfilment of a specified condition, or the performance to the satisfaction of the Commission, or of a person named by it, of a requirement imposed on any interested person.

  • Marginal note:Interim decisions

    (2) The Commission may make an interim decision and may make its final decision effective from the day on which the interim decision came into effect.

  • Marginal note:Ex parte decisions

    (3) The Commission may make an ex parte decision where it considers that the circumstances of the case justify it.

Marginal note:Review of decisions

 The Commission may, on application or on its own motion, review and rescind or vary any decision made by it or re-hear a matter before rendering a decision.

Marginal note:Enforcement in Federal Court
  •  (1) A decision of the Commission may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision.

  • Marginal note:Procedure

    (2) A decision of the Commission may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by the secretary to the Commission.

  • Marginal note:Effect of revocation or amendment

    (3) Where a decision of the Commission that has been made an order of a court is rescinded or varied by a subsequent decision of the Commission, the order of the court is vacated and the decision of the Commission as varied may be made an order of the court in accordance with subsection (2).

  • Marginal note:Saving

    (4) The Commission may enforce any of its decisions whether or not the decision has been made an order of a court.

Appeals

Marginal note:Appeal to Federal Court of Appeal
  •  (1) An appeal from a decision of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.

  • Marginal note:Application for leave

    (2) Leave to appeal shall be applied for within thirty days after the date of the decision appealed from or within such further time as a judge of the Court grants in exceptional circumstances, and the costs of the application are in the discretion of the Court.

  • Marginal note:Notice

    (3) Notice of an application for leave to appeal shall be served on the Commission and on each party to the proceedings appealed from.

  • Marginal note:Time limit for appeal

    (4) An appeal shall be brought within sixty days after the day on which leave to appeal is granted.

  • Marginal note:Findings of fact

    (5) On an appeal, the Court may draw any inference that is not inconsistent with the findings of fact made by the Commission and that is necessary for determining a question of law or jurisdiction.

  • Marginal note:Argument by Commission

    (6) The Commission is entitled to be heard on an application for leave to appeal and at any stage of an appeal, but costs may not be awarded against it or any of its members.

  • 1993, c. 38, s. 64;
  • 1999, c. 31, s. 206(F).
 
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