Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Marginal note:Surplus

582. Any surplus that remains after the satisfaction of the debts and liabilities of the Round Table on the day on which section 593 comes into force belongs to Her Majesty in right of Canada.

Marginal note:Unsatisfied debts and liabilities

583. Any debts and liabilities of the Round Table that remain unsatisfied on the day on which section 593 comes into force become the debts and liabilities of Her Majesty in right of Canada.

Marginal note:Commencement of legal proceedings

584. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Round Table may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Round Table.

Marginal note:Continuation of legal proceedings

585. Any action, suit or other legal proceeding to which the Round Table is a party that is pending in any court immediately before the day on which section 593 comes into force may be continued by or against Her Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Round Table.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:1993, c. 31, s. 24

586. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

R.S., c. F-11Financial Administration Act

Marginal note:1993, c. 31, s. 25

587. Schedule II to the Financial Administration Act is amended by striking out the following:

Marginal note:2003, c. 22, s. 11

588. Schedule V to the Act is amended by striking out the following:

Marginal note:2006, c. 9, s. 270

589. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to “President”.

R.S., c. P-21Privacy Act

Marginal note:1993, c. 31, s. 26

590. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

R.S., c. P-36Public Service Superannuation Act

Marginal note:1993, c. 31, s. 27

591. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

1991, c. 30Public Sector Compensation Act

592. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Repeal

Marginal note:Repeal

593. The National Round Table on the Environment and the Economy Act, chapter 31 of the Statutes of Canada, 1993, is repealed.

Coming into Force

Marginal note:Order in council

594. Sections 579 to 593 come into force on a day to be fixed by order of the Governor in Council.

Division 411993, c. 38Telecommunications Act

Amendments to the Act

Marginal note:2010, c. 12, s. 2184(1)

• 595. (1) Subsections 16(1) to (3) of the Telecommunications Act are replaced by the following:

  Marginal note:Definitions

  • 16. (1) The following definitions apply in this section.

    “entity”

    « entité »

    “entity” means a corporation, partnership, trust or joint venture.

    “joint venture”

    « coentreprise »

    “joint venture” means an association of two or more entities, if the relationship among those associated entities does not, under the laws in Canada, constitute a corporation, a partnership or a trust and if all the undivided ownership interests in the assets of the Canadian carrier or in the voting interests of the Canadian carrier are or will be owned by all the entities that are so associated.

    “voting interest”

    « intérêt avec droit de vote »

    “voting interest”, with respect to

    • (a) a corporation with share capital, means a voting share;

    • (b) a corporation without share capital, means an ownership interest in the assets of the corporation that entitles the owner to rights similar to those enjoyed by the owner of a voting share; and

    • (c) a partnership, trust or joint venture, means an ownership interest in the assets of the partnership, trust or joint venture that entitles the owner to receive a share of the profits and to share in the assets on dissolution.

  • Marginal note:Eligibility

    (2) A Canadian carrier is eligible to operate as a telecommunications common carrier if

    • (a) it is an entity incorporated, organized or continued under the laws of Canada or a province and is Canadian-owned and controlled;

    • (b) it owns or operates only a transmission facility that is referred to in subsection (5); or

    • (c) it has annual revenues from the provision of telecommunications services in Canada that represent less than 10% of the total annual revenues, as determined by the Commission, from the provision of telecommunications services in Canada.

  • Marginal note:Canadian ownership and control

    (3) For the purposes of paragraph (2)(a), an entity is Canadian-owned and controlled if

    • (a) in the case of a corporation, not less than 80% of the members of the board of directors are individual Canadians;

    • (b) Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than 80% of the entity’s voting interests; and

    • (c) the entity is not otherwise controlled by persons that are not Canadians.

• (2) Subsection 16(4) of the French version of the Act is replaced by the following:

  • Marginal note:Interdiction

    (4) Il est interdit à l’entreprise canadienne d’agir comme entreprise de télécommunication si elle n’y est pas admise aux termes du présent article.

• Marginal note:2010, c. 12, s. 2184(2)

  (3) The portion of subsection 16(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exemption

    (5) Paragraph (2)(a) and subsection (4) do not apply in respect of the ownership or operation of

• (4) Section 16 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Exception

    (6) A Canadian carrier that is eligible to operate under paragraph (2)(c) remains eligible to operate even if it has annual revenues from the provision of telecommunications services in Canada that represent 10% or more of the total annual revenues from the provision of telecommunications services in Canada as long as the increase in its annual revenues from the provision of telecommunications services in Canada to 10% or more of the total annual revenues from the provision of telecommunications services in Canada did not result from the acquisition of control of another Canadian carrier or from the acquisition of assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Acquisition

    (7) A Canadian carrier to which subsection (6) applies is not authorized to acquire control of a Canadian carrier or acquire assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Notice

    (8) A Canadian carrier that is eligible to operate under paragraph (2)(c) shall notify the Commission when it acquires control of another Canadian carrier or acquires assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Affiliates

    (9) For the purposes of determining annual revenues from the provision of telecommunications services in Canada under this section, the annual revenues of a Canadian carrier include the annual revenues from the provision of telecommunications services in Canada of its affiliates as defined in subsection 35(3).

596. Section 41.2 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after that paragraph: