Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2022-05-02 and last amended on 2021-06-29. Previous Versions

PART IV.1Telecommunications Apparatus (continued)

Powers of Governor in Council and Others

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) respecting requirements for technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus;

    • (b) [Repealed, 2014, c. 39, s. 198]

    • (c) respecting the inspection, testing and approval of telecommunications apparatus in respect of a registration;

    • (d) prescribing the form of registration or markings, or any class of registration or markings;

    • (e) and (f) [Repealed, 2014, c. 39, s. 198]

    • (g) prescribing the eligibility and qualifications of persons who may be appointed as inspectors, and the duties of inspectors;

    • (h) for giving effect to international agreements, conventions or treaties respecting telecommunications apparatus to which Canada is a party;

    • (i) [Repealed, 2014, c. 39, s. 198]

    • (j) prescribing anything that by this Part is to be prescribed; and

    • (k) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:Incorporation by reference

    (2) For greater certainty, a regulation made under subsection (1) incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time.

  • 1998, c. 8, s. 8
  • 2014, c. 39, s. 198

 [Repealed, 2014, c. 39, s. 199]

PART VInvestigation and Enforcement

Inquiries

Marginal note:Appointment by Commission

  •  (1) The Commission may appoint any person to inquire into and report to the Commission on any matter

    • (a) pending before the Commission or within the Commission’s jurisdiction under this Act or any special Act; or

    • (b) on which the Commission is required to report under section 14.

  • Marginal note:Appointment by Minister

    (2) The Minister may, with the approval of the Governor in Council, appoint any person to inquire into and report to the Minister on any matter in respect of which this Act or any special Act applies, and a copy of the report shall be sent to the Commission.

  • Marginal note:Powers

    (3) For the purposes of an inquiry, a person appointed under this section has all the powers of a Commissioner under Part I of the Inquiries Act and of an inspector under subsection 71(4).

  • Marginal note:Disclosure

    (4) The rules in section 39 respecting the designation and disclosure of information apply in respect of any information submitted to a person, or obtained in proceedings before a person, appointed under this section as if that person were a member of the Commission exercising the powers of the Commission.

  • Marginal note:In camera hearings

    (5) The rules in section 54 respecting in camera hearings apply in hearings held before a person appointed under this section.

Inspection

Marginal note:Designation of inspectors

  •  (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act, with sections 51 to 53 of the Accessible Canada Act and with the decisions of the Commission under this Act.

  • Marginal note:Designation of inspectors

    (2) The Minister may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act for which the Minister is responsible.

  • Marginal note:Certificate

    (3) An inspector shall be provided with a certificate of designation, which certificate the inspector shall present at the request of any person appearing to be in charge of any place entered by the inspector.

  • Marginal note:Powers of inspectors

    (4) An inspector may, subject to subsection (5), for the purposes for which the inspector was designated an inspector,

    • (a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act, and examine the document, information or thing or remove it for examination or reproduction;

    • (b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

    • (c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    • (d) use any copying equipment or means of communication in the place.

  • Marginal note:Warrant required to enter dwelling-house

    (5) An inspector may not enter a dwelling-house without the consent of the occupant or under the authority of a warrant.

  • Marginal note:Authority to issue warrant

    (6) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions spec­ified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place described in paragraph (4)(a);

    • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act; and

    • (c) entry has been refused or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  • Marginal note:Use of force

    (7) An inspector executing a warrant issued under subsection (6) shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • Marginal note:Assistance to inspectors

    (8) The owner or person in charge of a place entered by an inspector shall provide all assistance that is reasonably required to enable the inspector to perform their functions under this Part, and shall provide any information that is reasonably expected for that purpose.

  • Marginal note:Information requirement

    (9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

  • Marginal note:Obstruction, false information

    (10) No person shall

    • (a) resist or wilfully obstruct the inspector in carrying out his or her duties; or

    • (b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.

  • 1993, c. 38, s. 71
  • 1999, c. 31, s. 207(F)
  • 2014, c. 12, s. 137, c. 39, ss. 200, 209
  • 2019, c. 10, s. 164

Civil Liability

Marginal note:Damages

  •  (1) Subject to any limitation of liability imposed in accordance with this or any other Act, a person who has sustained loss or damage as a result of any act or omission that is contrary to this Act or any special Act or a decision or regulation made under either of them may, in a court of competent jurisdiction, sue for and recover an amount equal to the loss or damage from any person who engaged in, directed, authorized, consented to or participated in the act or omission.

  • Marginal note:Limitation

    (2) An action may not be brought in respect of any loss or damage referred to in subsection (1) more than two years after the day on which the act or omission occurred.

  • Marginal note:Exception

    (3) Nothing in subsection (1) or (2) applies to any action for breach of a contract to provide telecommunications services or any action for damages in relation to a rate charged by a Canadian carrier.

  • 1993, c. 38, s. 72
  • 2001, c. 4, s. 122(F)

General Administrative Monetary Penalties Scheme

Marginal note:Commission of violation

 Every contravention of a provision of this Act, other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable

  • (a) in the case of an individual, to an administrative monetary penalty not exceeding $25,000 and, for a subsequent contravention, a penalty not exceeding $50,000; or

  • (b) in any other case, to an administrative monetary penalty not exceeding $10,000,000 and, for a subsequent contravention, a penalty not exceeding $15,000,000.

Marginal note:Criteria for penalty

  •  (1) The amount of the penalty is to be determined by taking into account the following factors:

    • (a) the nature and scope of the violation;

    • (b) the history of compliance with this Act, the regulations or the decisions made by the Commission under this Act, by the person who committed the violation;

    • (c) any benefit that the person obtained from the commission of the violation;

    • (d) the person’s ability to pay the penalty;

    • (e) any factors established by any regulations; and

    • (f) any other relevant factor.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Act, the regulations or the decisions made by the Commission under this Act, and not to punish.

  • 2014, c. 39, s. 201

Marginal note:Procedures

 Despite subsection 72.005(1), the Commission may impose a penalty in a decision in the course of a proceeding before it under this Act in which it finds that there has been a contravention of a provision, a regulation or a decision referred to in section 72.001.

  • 2014, c. 39, s. 201

Marginal note:Power of Commission — violation

 The Commission may

  • (a) designate a person, or class of persons, that is authorized to issue notices of violation or accept an undertaking; and

  • (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

  • 2014, c. 39, s. 201

Marginal note:Issuance and service

  •  (1) A person who is designated to issue notices of violation and who believes, on reasonable grounds, that a person has committed a violation may issue, and shall cause to be served on the person, a notice of violation.

  • Marginal note:Contents of notice

    (2) The notice of violation must name the person believed to have committed the violation, identify the violation and include

    • (a) the penalty that the person is liable to pay;

    • (b) a statement as to the right of the person, within 30 days after the day on which the notice is served, or within any longer period that the Commission specifies, to pay the penalty or to make representations with respect to the violation and the penalty, and the manner for doing so; and

    • (c) a statement indicating that if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the penalty may be imposed.

  • 2014, c. 39, s. 201

Marginal note:Entry into undertaking

  •  (1) A person may enter into an undertaking at any time.

  • Marginal note:Contents

    (2) An undertaking

    • (a) must be accepted by a person who is authorized to accept an undertaking;

    • (b) must identify every act or omission that constitutes a contravention and that is covered by the undertaking;

    • (c) must identify every provision or decision at issue;

    • (d) may contain any conditions that the person who is authorized to accept an undertaking considers appropriate; and

    • (e) may include a requirement to pay a specified amount.

  • Marginal note:Undertaking before notice of violation

    (3) If a person enters into an undertaking, no notice of violation may be served on them in connection with any act or omission referred to in the undertaking.

  • Marginal note:Undertaking after notice of violation

    (4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking.

  • Marginal note:Failure to respect undertaking

    (5) Failure to respect an undertaking constitutes a violation.

  • 2014, c. 39, s. 201

Marginal note:Payment

  •  (1) If a person who is served with a notice of violation pays the penalty proposed in the notice, the person is deemed to have committed the violation and the proceedings in respect of it are ended.

  • Marginal note:Representations to Commission

    (2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Commission shall decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation and, if it so decides, it may impose the penalty set out in the notice, a lesser penalty or no penalty.

  • Marginal note:Failure to pay or make representations

    (3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the Commission may impose the penalty.

  • Marginal note:Copy of decision and notice of rights

    (4) The Commission shall cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for a review under section 62 or for leave to appeal under section 64.

  • 2014, c. 39, s. 201
 
Date modified: