Telecommunications Fees Regulations, 2010 (SOR/2010-65)

Regulations are current to 2017-09-27 and last amended on 2010-04-01. Previous Versions

Telecommunications Fees Regulations, 2010

SOR/2010-65

TELECOMMUNICATIONS ACT

Registration 2010-03-17

Telecommunications Fees Regulations, 2010

Whereas, pursuant to subsection 69(1) of the Telecommunications ActFootnote a, a copy of the proposed Telecommunications Fees Regulations, 2010, substantially in the annexed form, was published in the Canada Gazette, Part I, on November 7, 2009 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, with the approval of the Treasury Board, pursuant to subsection 68(1) of the Telecommunications ActFootnote a, hereby makes the annexed Telecommunications Fees Regulations, 2010.

Gatineau, Quebec, March 16, 2010

ROBERT A. MORIN
Secretary General
Canadian Radio-television and Telecommunications Commission

Interpretation

 The following definitions apply in these Regulations.

Canadian telecommunications services revenues

Canadian telecommunications services revenues has the same meaning as in Part B of the Telecom Circular CRTC 2007-15, The Canadian revenue-based contribution regime, published on June 8, 2007.(revenus des services de télécommunication canadiens)

contribution-eligible revenues

contribution-eligible revenues means revenues calculated in accordance with the formula set out in Part A of the Telecom Circular CRTC 2007-15, The Canadian revenue-based contribution regime, published on June 8, 2007. (revenus admissibles à la contribution)

related

related in relation to telecommunications service providers, means two or more telecommunications service providers that are related parties within the meaning of Section 3840 of the Canadian Institute of Chartered Accountants Handbook as amended from time to time. (apparentés)

telecommunications service

telecommunications service has the same meaning as in section 23 of the Telecommunications Act. (service de télécommunication )

Fees and Adjustments

 A telecommunications service provider shall, in every calendar year and within 30 days after the date of the invoice sent by the Commission, pay to the Commission the annual fee calculated in accordance with subsection 3(1), the supplementary fee calculated in accordance with subsection 3(2) and the annual adjustment calculated in accordance with subsection 3(5) if

  • (a) the telecommunications service provider was in operation on April 1 of the year; and

  • (b) the telecommunications service provider had at least $10 million in Canadian telecommunications services revenues for its fiscal year ending in the preceding calendar year or is one of a group of related telecommunications service providers which in the aggregate had at least $10 million in Canadian telecommunications services revenues for its fiscal year ending in the preceding calendar year.

  •  (1) The annual fee shall be the amount determined by the formula

    A/B × C

    where

    A
    is the telecommunications service provider’s contribution-eligible revenues for its fiscal year ending in the preceding calendar year;
    B
    is the aggregate of the contribution-eligible revenues for the fiscal year ending in the preceding calendar year of the telecommunications service providers that are required to pay under section 2; and
    C
    is the estimated total regulatory costs of the Commission for the fiscal year as set out in the Commission’s Expenditure Plan published in Part III of the Estimates of the Government of Canada.
  • (2) The supplementary fee shall be the amount determined by the formula

    A/B × D

    where

    A
    is the telecommunications service provider’s contribution-eligible revenues for its fiscal year ending in the preceding calendar year;
    B
    is the aggregate of the contribution-eligible revenues for the fiscal year ending in the preceding calendar year of the telecommunications service providers that are required to pay under section 2; and
    D
    is the supplementary estimated regulatory costs of the Commission for the fiscal year as set out in the Supplementary Estimates of the Government of Canada.
  • (3) The regulatory costs of the Commission for the fiscal year is the sum of the following amounts:

    • (a) the costs of the Commission’s Telecommunications Activity; and

    • (b) the share

      • (i) of the costs of the Commission’s administrative activities that is attributable to its Telecommunications Activity, and

      • (ii) of the other costs that are taken into account to arrive at the net cost of the Commission’s program that is attributable to its Telecommunications Activity.

  • (4) The Commission shall publish, each year, the estimated total regulatory costs referred to in subsection (1) and the supplementary estimated regulatory costs referred to in subsection (2) in a public notice in the Canada Gazette, Part I.

  • (5) The annual adjustment shall be determined by the following formula:

    A/B × E

    where

    A
    is the telecommunications service provider’s contribution-eligible revenues;
    B
    is the aggregate of contribution-eligible revenues of the telecommunications service providers that are required to pay under section 2; and
    E
    is the difference between the sum of the estimated regulatory costs referred to in subsections (1) and (2) and the actual total regulatory costs for the fiscal year.
  • (6) The annual adjustment amount shall be charged or credited to the telecommunications service provider in the following year’s invoice and shall not result in a disbursement of monies on the part of the Commission.

Transitional

 A telecommunications service provider who is required to pay an annual adjustment under the Telecommunications Fees Regulations, 1995 for the fiscal year ending on March 31, 2010 shall pay that adjustment within 30 days after the date of the invoice sent by the Commission.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on April 1, 2010.

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