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

Act current to 2018-10-03 and last amended on 2015-09-30. 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    • (b) [Repealed, 2014, c. 39, s. 198]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    • (e) and (f) [Repealed, 2014, c. 39, s. 198]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    • (i) [Repealed, 2014, c. 39, s. 198]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 [Repealed, 2014, c. 39, s. 199]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, 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, or Division 1.1 of Part 16.1 of the Canada Elections 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, or Division 1.1 of Part 16.1 of the Canada Elections 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.

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).
 
Date modified: