International Submarine Cable Licences Regulations (SOR/98-488)

Regulations are current to 2014-04-02

International Submarine Cable Licences Regulations

SOR/98-488

TELECOMMUNICATIONS ACT

Registration 1998-10-01

International Submarine Cable Licences Regulations

P.C. 1998-1773  1998-10-01

Whereas, pursuant to subsection 22(4) of the Telecommunications ActFootnote a, a copy of the proposed International Submarine Cable Licences Regulations, substantially in the form set out in the annexed regulations, was published in the Canada Gazette, Part I, on July 25, 1998 and a reasonable opportunity was thereby given to interested persons to make representations to the Minister of Industry with respect to the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 22(2) of the Telecommunications ActFootnote a, hereby makes the annexed International Submarine Cable Licences Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Telecommunications Act. (Loi)

“terminating cable licence”

“terminating cable licence” means an international submarine cable licence issued, amended or renewed under section 19 of the Act for the construction or operation of an international submarine cable landing in Canada, including its associated works or facilities, that extends between any place in Canada and any place outside Canada and is connected or is intended to be connected to telecommunications facilities in Canada. (licence de câble terminal)

“through cable licence”

“through cable licence” means an international submarine cable licence issued, amended or renewed under section 19 of the Act for the construction or operation of an international submarine cable, including its associated works or facilities, that extends through Canada between places outside Canada and does not connect to telecommunications facilities in Canada. (licence de câble de transit)

CLASSES OF LICENCES

 Subject to section 3, a person may hold the following classes of international submarine cable licences:

  • (a) a terminating cable licence; and

  • (b) a through cable licence.

ELIGIBILITY

 A person is eligible to hold a terminating cable licence if the person controls the administration and operation of the international submarine cable in respect of which the licence is to be issued, including its associated works or facilities.

APPLICATIONS

  •  (1) An applicant for a terminating cable licence or a through cable licence shall file a written application with the Minister that includes the following information:

    • (a) the name of the applicant;

    • (b) the address of the head office of the applicant or, in the absence of a head office in Canada, the address in Canada where service on the applicant may be effected;

    • (c) if the applicant is a corporation, the province, state or country where the applicant was incorporated and the date of incorporation;

    • (d) the origin and intended route of the international submarine cable and, in the case of an application for a terminating cable licence, the points where the cable will connect to telecommunications facilities in Canada;

    • (e) documentation indicating compliance with the requirements set out in the Canadian Environmental Assessment Act;

    • (f) the term being requested for the licence, which may not exceed 10 years; and

    • (g) information relating to the capital costs and technical capabilities of the international submarine cable and its associated works or facilities.

  • (2) Where more than one person is a party to the construction or operation of an international submarine cable in respect of which an application for a terminating cable licence or for a through cable licence is being made, the application shall include for each party, the information referred to in paragraphs (1)(a) to (c).