Telecommunications Fees Regulations, 1995
SOR/95-157
Registration 1995-03-23
Regulations Prescribing Telecommunications Fees and Respecting their Calculation and Payment
Whereas, pursuant to subsection 69(1) of the Telecommunications ActFootnote *, a copy of the proposed Regulations prescribing telecommunications fees and respecting their calculation and payment, substantially in the form set out in the schedule hereto, was published in the Canada Gazette Part I on December 17, 1994 and a reasonable opportunity was thereby given to interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect thereto;
Return to footnote *S.C. 1993, c. 38
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 68(1) of the Telecommunications ActFootnote * and with the approval of the Treasury Board, hereby repeals, effective March 31, 1995, the Telecommunications Fees RegulationsFootnote **, and makes the annexed Regulations prescribing telecommunication fees and respecting their calculation and payment, in substitution therefor.
Return to footnote **SOR/87-304, 1987 Canada Gazette Part II, p. 2176
Hull, Quebec, March 17, 1995
Short Title
1 These Regulations may be cited as the Telecommunications Fees Regulations, 1995.
Interpretation
2 In these Regulations, telecommunications service has the same meaning as in section 23 of the Telecommunications Act.
Fees
3 (1) A Canadian carrier for which tariffs are filed with the Commission shall, in respect of a year, pay to the Commission, on receipt of an invoice sent by the Commission, an annual telecommunications fee calculated in the manner set out in section 4, unless the Commission has declared, prior to April 1 of that year, that
(a) pursuant to subsection 34(4) of the Telecommunications Act, section 25 of that Act does not apply to the provision of any telecommunications services by that Canadian carrier; and
(b) the Canadian carrier need not file tariffs with the Commission.
(2) The annual telecommunications fee shall consist of
(a) an initial amount to be recovered by an initial payment that is due and payable on June 1 of each year; and
(b) one or more other amounts, where applicable, to be recovered by one or more supplementary payments and an annual adjustment amount, each of which is due and payable thirty days after the day on which the Commission sends an invoice.
4 (1) The annual telecommunications fee payable by a Canadian carrier, referred to in subsection 3(1), shall be calculated by the Commission by multiplying the total amount to be recovered by the Commission in respect of its current fiscal year through telecommunications fees by the ratio of the Canadian carrier’s operating revenues, derived from the provision of telecommunications services and reported in that Canadian carrier’s most recent annual financial statements, to the aggregate of such operating revenues of all the Canadian carriers referred to in subsection 3(1).
(2) The total amount to be recovered by the Commission in respect of its current fiscal year through initial payments is the aggregate of
(a) the costs of the Commission’s Telecommunications Activity, and
(b) the share
(i) of the costs of the Commission’s administrative activities that is attributable to its Telecommunications Activity, and
(ii) of the other costs that are taken into account to arrive at the net cost of the Commission’s program that is attributable to its Telecommunications Activity,
as set out in the Commission’s Expenditure Plan published in The Estimates of the Government of Canada.
(3) The Commission shall publish, each year, the total amount referred to in subsection (2) in a public notice in the Canada Gazette Part I.
(4) The total amount to be recovered by the Commission in respect of its current fiscal year through supplementary payments is the amount required to defray any additional costs in respect of its Telecommunications Activity, and any other costs attributable to that Activity, that are incurred or to be incurred by the Commission during the balance of that year.
(5) The total annual adjustment amount in respect of any fiscal year of the Commission is the amount by which the telecommunications fees recovered, in accordance with this section, through initial and supplementary payments for that fiscal year are greater or less, as the case may be, than the actual expenditures of the Commission for its Telecommunications Activity and its other expenditures attributable to its Telecommunication Activity in respect of that year.
5 These Regulations come into force on April 1, 1995.
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