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

Appeals

Marginal note:Appeal to Federal Court of Appeal

• 64 (1) An appeal from a decision of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.

• Marginal note:Application for leave

  (2) Leave to appeal shall be applied for within thirty days after the date of the decision appealed from or within such further time as a judge of the Court grants in exceptional circumstances, and the costs of the application are in the discretion of the Court.

• Marginal note:Notice

  (3) Notice of an application for leave to appeal shall be served on the Commission and on each party to the proceedings appealed from.

• Marginal note:Time limit for appeal

  (4) An appeal shall be brought within sixty days after the day on which leave to appeal is granted.

• Marginal note:Findings of fact

  (5) On an appeal, the Court may draw any inference that is not inconsistent with the findings of fact made by the Commission and that is necessary for determining a question of law or jurisdiction.

• Marginal note:Argument by Commission

  (6) The Commission is entitled to be heard on an application for leave to appeal and at any stage of an appeal, but costs may not be awarded against it or any of its members.

Evidence

Marginal note:Judicial notice

65 A decision of the Commission or a tariff approved by the Commission that is published in the Canada Gazette by or with leave of the Commission shall be judicially noticed.

Marginal note:Business documents

• 66 (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.

• Marginal note:Ministerial or Commission documents

  (2) A document appearing to be signed by the Minister, the Chairperson of the Commission or the secretary to the Commission is evidence of the official character of the person appearing to have signed it and, in the case of the Chairperson or secretary, of its issuance by the Commission, and if the document appears to be a copy of a decision or report, it is evidence of its contents.

• Marginal note:Copies

  (3) A copy of a document submitted to the Commission and appearing to be certified as a true copy by the secretary to the Commission is, without proof of the secretary’s signature, evidence of the original, of its submission to the Commission, of the date of its submission and of the signature of any person appearing to have signed it.

• Marginal note:Certificate

  (4) A certificate appearing to be signed by the secretary to the Commission and bearing the Commission’s seal is evidence of its contents without proof of the signature.

Regulations

Marginal note:Regulations

• 67 (1) The Commission may make regulations

  • (a) prescribing standards governing the height of transmission lines of Canadian carriers, not inconsistent with standards prescribed under any other Act of Parliament;

  • (b) establishing rules respecting its practice and procedure;

  • (b.1) prescribing classes of international telecommunications service licences;

  • (b.2) requiring international telecommunications service licensees to publish their licences or otherwise make them available for public inspection;

  • (c) establishing the criteria for the awarding of costs; and

  • (d) generally for carrying out the purposes and provisions of this Act or any special Act.

• Marginal note:Application

  (2) Regulations made by the Commission may be of general application or applicable in respect of a particular case or class of cases.

• Marginal note:Incorporation by reference

  (3) Regulations made by the Commission incorporating any standard or enactment by reference may incorporate it as amended from time to time.

Marginal note:Regulations prescribing fees

• 68 (1) The Commission may, with the approval of the Treasury Board, make regulations prescribing fees, and respecting their calculation and payment, for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under this Act or any special Act.

• Marginal note:Debt due to Her Majesty

  (2) Fees required to be paid under this section constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.

Marginal note:Pre-publication of regulations

• 69 (1) Any regulations proposed to be made under section 67 or 68 shall be published in the Canada Gazette at least sixty days before their proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Commission with respect to the proposed regulations.

• Marginal note:Idem

  (2) Proposed regulations that are modified after publication need not be published again under subsection (1).

PART IV.1Telecommunications Apparatus

Application

Marginal note:Application

69.1 This Part applies to telecommunications apparatus that can be

• (a) connected to telecommunications networks of Canadian carriers; and

• (b) used by a telecommunications service subscriber at their premises.

Prohibitions

Marginal note:Registration

• 69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which registration is required under this Act, unless it is registered.

• Marginal note:Specifications and markings

  (2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under section 69.3 or 69.4, unless the apparatus complies with those requirements.

Minister’s Powers

Marginal note:Minister’s powers

• 69.3 (1) Subject to any regulations made under section 69.4, the Minister may, taking into account all matters that the Minister considers relevant to further the Canadian telecommunications policy objectives,

  • (a) register telecommunications apparatus and fix any conditions and the duration of the registration;

  • (a.1) establish requirements for the registration of telecommunications apparatus;

  • (a.2) establish the procedure governing applications for registration;

  • (b) amend the conditions and change the duration of the registration;

  • (c) make available to the public any information regarding the registered telecommunications apparatus;

  • (d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus and any requirements relating to those technical specifications and markings;

  • (e) test telecommunications apparatus for compliance with technical specifications and markings required under this Part;

  • (f) require an applicant for registration to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question;

  • (f.1) establish fees for registration, applications for registration and examinations or testing in relation to registration, and respecting interest payable on unpaid fees;

  • (g) require the registrant to inform the Minister of any material changes in information disclosed under paragraph (f);

  • (g.1) establish requirements to recognize and designate foreign and domestic persons that are competent to assess whether telecommunications apparatus complies with the applicable foreign or domestic technical specifications;

  • (h) [Repealed, 2014, c. 39, s. 197]

  • (i) do any other thing necessary for the effective administration of this Part.

• Marginal note:Delegation of powers

  (2) The Minister may authorize any person to exercise any of the powers that are granted to the Minister under this Part, or by the regulations made under this Part, subject to any conditions that the Minister may fix.

• Marginal note:Suspension or revocation of registration

  (3) The Minister may suspend or revoke a registration

  • (a) with the consent of the registrant;

  • (b) after giving written notice to the registrant and giving the registrant a reasonable opportunity to make representations to the Minister with respect to the notice, if the Minister is satisfied that

    • (i) the registrant has contravened this Part, the regulations made under this Part or the conditions of the registration,

    • (ii) the registration was obtained through misrepresentation, or

    • (iii) the apparatus does not comply with the applicable technical specifications or markings; or

  • (c) on giving written notice of suspension or revocation to the registrant, without having to give the registrant an opportunity to make representations to the Minister with respect to the notice, if the registrant has failed to comply with a request to pay fees or interest due.

Powers of Governor in Council and Others

Marginal note:Regulations

• 69.4 (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.

69.5 [Repealed, 2014, c. 39, s. 199]

PART VInvestigation and Enforcement

Inquiries

Marginal note:Appointment by Commission

• 70 (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

• 71 (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.