TELECOMMUNICATIONS ACTUnsolicited Telecommunications Fees RegulationsWhereas, pursuant to subsection 41.21(3)a of the Telecommunications Actb, a copy of the proposed Unsolicited Telecommunications Fees Regulations, substantially in the annexed form, was published on the website of the Canadian Radio-television and Telecommunications Commission on October 23, 2012 and a reasonable opportunity was given to interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;S.C. 2012, c. 19, s. 597S.C. 1993, c. 38Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 41.21(1)a of the Telecommunications Actb, makes the annexed Unsolicited Telecommunications Fees Regulations.Gatineau, Quebec, January 23, 2013JOHN TRAVERSYSecretary GeneralCanadian Radio-television and Telecommunications CommissionInterpretationDefinitionsThe following definitions apply in these Regulations.fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. (exercice)National Do Not Call List means the national do not call list established for the purposes of section 41 of the Telecommunications Act. (Liste nationale de numéros de télécommunication exclus)FeesFeesA person that subscribes to the National Do Not Call List must pay to the Commission the fees payable by them in accordance with sections 3 and 4.For greater certainty — ratesFor greater certainty, the fees referred to in subsection (1) are in addition to any rates that may be charged by a delegate under subsection 41.4(1) of the Telecommunications Act, including those that may be charged to subscribe to the National Do Not Call List.SOR/2015-199, s. 1(F)Amount to be paid on subscriptionOn subscribing to the National Do Not Call List, a person must pay to the Commission, or to a person to whom the Commission has delegated the power to collect fees under subsection 41.3(1) of the Telecommunications Act, if applicable, the amount set out in column 2 that corresponds to each of the person’s subscription types set out in column 1 ofSchedule 1, if the person subscribes during the period beginning on August 1, 2015 and ending on March 31, 2016;Schedule 2, if the person subscribes during the period beginning on April 1, 2016 and ending on March 31, 2017; andSchedule 3, if the person subscribes on or after April 1, 2017.Determination of fee payableNo later than 90 days after the end of each fiscal year in which amounts are paid under subsection (1), the Commission or person to whom the Commission has delegated the power to collect fees under subsection 41.3(1) of the Telecommunications Act mustdetermine in accordance with subsection 4(1) or (2), as the case may be, the fees payable to the Commission by each person for that fiscal year; andif those fees payable are less than the amounts paid by the person under subsection (1) in that fiscal year, refund to them the excess amount in accordance with subsection 4(3).SOR/2015-199, s. 2Fees payable — amounts paid do not exceed costsIf the total of all amounts paid under subsection 3(1) in a given fiscal year is less than or equal to the Commission’s telemarketing regulatory costs for that fiscal year, the fees payable by a person for that fiscal year are equal to the amounts paid by them under that subsection.Fees payable — amounts paid exceed costsIf the total of all amounts paid under subsection 3(1) in a given fiscal year exceeds the Commission’s telemarketing regulatory costs for that fiscal year, the fees payable by a person for that fiscal year are equal to the amount determined by the formula(A / B) × CwhereAis the amounts paid by the person under subsection 3(1) in the fiscal year;Bis the total of all amounts paid under subsection 3(1) in the fiscal year; andCis the Commission’s telemarketing regulatory costs for the fiscal year.RefundThe difference between the amounts paid by a person under subsection 3(1) in a fiscal year and the fees payable by them under subsection 4(2) for that fiscal year is, if it is at least five dollars, to be refunded to the person.Telemarketing regulatory costsThe telemarketing regulatory costs of the Commission for a given fiscal year are the portion of the costs of the Commission’s activities for that fiscal year, as set out in the Commission’s Expenditure Plan published in Part III of the Estimates of the Government of Canada and, if applicable, the Supplementary Estimates of the Government of Canada, that are attributable to the Commission’s responsibilities under section 41.2 of the Telecommunications Act and that are not recovered under any regulation made under section 68 of that Act.SOR/2015-199, s. 3Public NoticeTelemarketing regulatory costsThe Commission is to publish, each year in a public notice in the Canada Gazette, Part I, its telemarketing regulatory costs.Total amounts paidThe Commission is to publish, each year in a public notice, the total of all amounts paid under subsection 3(1) in the last completed fiscal year.Coming into ForceApril 1, 2013These Regulations come into force on April 1, 2013.(Paragraph 3(1)(a))
Amounts To Be Paid (August 1, 2015 to March 31, 2016)Column 1Column 2ItemSubscription typeAmount ($)1Annualall area codes18,793single area code1,12426-monthall area codes11,438single area code58533-monthall area codes6,178single area code2994Monthlyall area codes2,088single area code100
SOR/2015-199, s. 4(Paragraph 3(1)(b))
Amounts To Be Paid (April 1, 2016 to March 31, 2017)Column 1Column 2ItemSubscription typeAmount ($)1Annualall area codes20,672single area code1,23626-monthall area codes12,582single area code64433-monthall area codes6,796single area code3294Monthlyall area codes2,297single area code110
SOR/2015-199, s. 4(Paragraph 3(1)(c))
Amounts To Be Paid (on or After April 1, 2017)Column 1Column 2ItemSubscription typeAmount ($)1Annualall area codes21,706single area code1,29826-monthall area codes13,211single area code67633-monthall area codes7,135single area code3444Monthlyall area codes2,412single area code115