Skip all menusSkip first menu   Department of Justice Canada / Ministère de la Justice CanadaGovernment of Canada
   
Français Contact us Help Search Canada Site
Justice Home Site Map Programs Proactive Disclosure Laws
Laws
Main Page
Glossary
Important Note
How to link
Printing Problems?
Easy Links
Constitution
Charter
Guide to Making Federal Acts and Regulations
Statutes by Title
Statutes by Subject
Advanced Search
Templates for advanced searching
Case Law
Federal and Provincial Case Law
Other
Table of Public Statutes and Responsible Ministers
Table of Private Acts
Index of Statutory Instruments
 
Consolidated Statutes and Regulations
Main page on: Telecommunications Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/T-3.4/162242.html
Act current to September 27, 2005

[Previous]


PART III

RATES, FACILITIES AND SERVICES

Provision of Services

23. For the purposes of this Part and Part IV, “telecommunications service” has the same meaning as in section 2 and includes any service that is incidental to the business of providing telecommunications services.

24. The offering and provision of any telecommunications service by a Canadian carrier are subject to any conditions imposed by the Commission or included in a tariff approved by the Commission.

25. (1) No Canadian carrier shall provide a telecommunications service except in accordance with a tariff filed with and approved by the Commission that specifies the rate or the maximum or minimum rate, or both, to be charged for the service.

Filing of joint tariffs

(2) A joint tariff agreed on by two or more Canadian carriers may be filed by any of the carriers with an attestation of the agreement of the other carriers.

Form of tariffs

(3) A tariff shall be filed and published or otherwise made available for public inspection by a Canadian carrier in the form and manner specified by the Commission and shall include any information required by the Commission to be included.

Special circumstances

(4) Notwithstanding subsection (1), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate

(a) was charged because of an error or other circumstance that warrants the ratification; or

(b) was imposed in conformity with the laws of a province before the operations of the carrier were regulated under any Act of Parliament.

1993, c. 38, s. 25; 1999, c. 31, s. 199(F).

26. Within forty-five business days after a tariff is filed by a Canadian carrier, the Commission shall

(a) approve the tariff, with or without amendments, or substitute or require the carrier to substitute another tariff for it;

(b) disallow the tariff; or

(c) make public written reasons why the Commission has not acted under paragraph (a) or (b) and specify the period of time within which the Commission intends to do so.

27. (1) Every rate charged by a Canadian carrier for a telecommunications service shall be just and reasonable.

Unjust discrimination

(2) No Canadian carrier shall, in relation to the provision of a telecommunications service or the charging of a rate for it, unjustly discriminate or give an undue or unreasonable preference toward any person, including itself, or subject any person to an undue or unreasonable disadvantage.

Questions of fact

(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with section 25, this section or section 29, or with any decision made under section 24, 25, 29, 34 or 40.

Burden of proof

(4) The burden of establishing before the Commission that any discrimination is not unjust or that any preference or disadvantage is not undue or unreasonable is on the Canadian carrier that discriminates, gives the preference or subjects the person to the disadvantage.

Method

(5) In determining whether a rate is just and reasonable, the Commission may adopt any method or technique that it considers appropriate, whether based on a carrier’s return on its rate base or otherwise.

Exception

(6) Notwithstanding subsections (1) and (2), a Canadian carrier may provide telecommunications services at no charge or at a reduced rate

(a) to the carrier’s directors, officers, employees or former employees; or

(b) with the approval of the Commission, to any charitable organization or disadvantaged person or other person.

28. (1) The Commission shall have regard to the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act in determining whether any discrimination is unjust or any preference or disadvantage is undue or unreasonable in relation to any transmission of programs, as defined in subsection 2(1) of that Act, that is primarily direct to the public and made

(a) by satellite; or

(b) through the terrestrial distribution facilities of a Canadian carrier, whether alone or in conjunction with facilities owned by a broadcasting undertaking.

Satellite transmission of broadcasts

(2) Where a person who carries on a broadcasting undertaking does not agree with a Canadian carrier with respect to the allocation of satellite capacity for the transmission by the carrier of programs, as defined in subsection 2(1) of the Broadcasting Act, the Commission may allocate satellite capacity to particular broadcasting undertakings if it is satisfied that the allocation will further the implementation of the broadcasting policy for Canada set out in subsection 3(1) of that Act.

Idem

(3) Before the Commission exercises its power under subsection (2), it shall take into account the carrier’s role as a telecommunications common carrier and any operational constraints identified by the carrier.

1993, c. 38, s. 28; 1999, c. 31, s. 200(F).

29. No Canadian carrier shall, without the prior approval of the Commission, give effect to any agreement or arrangement, whether oral or written, with another telecommunications common carrier respecting

(a) the interchange of telecommunications by means of their telecommunications facilities;

(b) the management or operation of either or both of their facilities or any other facilities with which either or both are connected; or

(c) the apportionment of rates or revenues between the carriers.

1993, c. 38, s. 29; 1999, c. 31, s. 201(F).

30. In default of payment, a rate charged by a Canadian carrier in accordance with this Act for a telecommunications service constitutes a debt due to the carrier and may be recovered in a court of competent jurisdiction.

31. No limitation of a Canadian carrier’s liability in respect of a telecommunications service is effective unless it has been authorized or prescribed by the Commission.

32. The Commission may, for the purposes of this Part,

(a) approve the establishment of classes of telecommunications services and permit different rates to be charged for different classes of service;

(b) determine standards in respect of the technical aspects of telecommunications applicable to telecommunications facilities operated by or connected to those of a Canadian carrier;

(c) amend any tariff filed under section 25 or any agreement or arrangement submitted for approval under section 29;

(d) suspend or disallow any portion of a tariff, agreement or arrangement that is in its opinion inconsistent with this Part;

(e) substitute or require the Canadian carrier to substitute other provisions for those disallowed;

(f) require the Canadian carrier to file another tariff, agreement or arrangement, or another portion of it, in substitution for a suspended or disallowed tariff, agreement, arrangement or portion; and

(g) in the absence of any applicable provision in this Part, determine any matter and make any order relating to the rates, tariffs or telecommunications services of Canadian carriers.

33. Where a Canadian carrier provides a basic telecommunications service and, in the opinion of the Commission,

(a) an activity of an affiliate of the carrier is integral to the provision of the service by the carrier, and

(b) the Commission’s other powers under this Act are not sufficient for the purpose of ensuring that the rates charged by the carrier for telecommunications services are just and reasonable,

the Commission may, for that purpose, treat some or all of the earnings of the affiliate from the activity as if they were earnings of the carrier.

Forbearance

34. (1) The Commission may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to a telecommunications service or class of services provided by a Canadian carrier, where the Commission finds as a question of fact that to refrain would be consistent with the Canadian telecommunications policy objectives.

Idem

(2) Where the Commission finds as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is or will be subject to competition sufficient to protect the interests of users, the Commission shall make a determination to refrain, to the extent that it considers appropriate, conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to the service or class of services.

Exception

(3) The Commission shall not make a determination to refrain under this section in relation to a telecommunications service or class of services if the Commission finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuance of a competitive market for that service or class of services.

Effect of forbearance

(4) The Commission shall declare that sections 24, 25, 27, 29 and 31 do not apply to a Canadian carrier to the extent that those sections are inconsistent with a determination of the Commission under this section.

1993, c. 38, s. 34; 1999, c. 31, s. 202(F).

Order to Provide Services

35. (1) Where the Commission determines as a question of fact that a telecommunications service or class of services provided by an affiliate of a Canadian carrier is not subject to a degree of competition that is sufficient to ensure just and reasonable rates and prevent unjust discrimination and undue or unreasonable preference or disadvantage, the Commission may require the Canadian carrier to provide the service or class of services in any manner, to any extent and subject to any conditions determined by the Commission, if it is satisfied that it would be an effective and practical means of achieving the purposes of section 27 with respect to the service or class.

Order to discontinue service

(2) Where the Commission determines as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is subject to a degree of competition that is sufficient to ensure just and reasonable rates and prevent unjust discrimination and undue or unreasonable preference or disadvantage, the Commission may require the Canadian carrier to discontinue the service or class of services in the manner, to the extent and subject to the conditions determined by the Commission, if it is satisfied that it would be an effective and practical means of achieving the purposes of section 27 with respect to the service or class.

Meaning of “affiliate”

(3) In subsection (1), “affiliate”, in relation to a Canadian carrier, means a person who controls the carrier, or who is controlled by the carrier or by any person who controls the carrier.

Content of Messages

36. Except where the Commission approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.

Provision of Information

37. (1) The Commission may require a Canadian carrier

(a) to adopt any method of identifying the costs of providing telecommunications services and to adopt any accounting method or system of accounts for the purposes of the administration of this Act; or

(b) to submit to the Commission, in periodic reports or in such other form and manner as the Commission specifies, any information that the Commission considers necessary for the administration of this Act or any special Act.

Exception

(2) Where the Commission believes that a person other than a Canadian carrier is in possession of information that the Commission considers necessary for the administration of this Act or any special Act, the Commission may require that person to submit the information to the Commission in periodic reports or in such other form and manner as the Commission specifies, unless the information is a confidence of the executive council of a province.

Transmittal

(3) The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission.

1993, c. 38, s. 37; 1999, c. 31, s. 203(F).

38. Subject to section 39, the Commission shall make available for public inspection any information submitted to the Commission in the course of proceedings before it.

39. (1) For the purposes of this section, a person who submits any of the following information to the Commission may designate it as confidential:

(a) information that is a trade secret;

(b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or

(c) information the disclosure of which could reasonably be expected

(i) to result in material financial loss or gain to any person,

(ii) to prejudice the competitive position of any person, or

(iii) to affect contractual or other negotiations of any person.

Information not to be disclosed

(2) Subject to subsections (4), (5) and (6), where a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any person who may benefit from the information or use the information to the detriment of any person to whose business or affairs the information relates.

Persons who must not disclose information

(3) Subsection (2) applies to

(a) any member of, or person employed by, the Commission, and

(b) in respect of information provided under subsection 37(3), the Minister, the Chief Statistician of Canada and any person employed in the federal public administration

who comes into possession of designated information while holding that office or being so employed, whether or not the person has ceased to hold that office or be so employed.

Disclosure of information submitted in proceedings

(4) Where designated information is submitted in the course of proceedings before the Commission, the Commission may disclose or require its disclosure where it determines, after considering any representations from interested persons, that the disclosure is in the public interest.

Disclosure of other information

(5) Where designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may disclose or require its disclosure if, after considering any representations from interested persons, it considers the information to be relevant to the determination of a matter before it and determines that the disclosure is in the public interest.

Information inadmissible

(6) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or any special Act or for forgery, perjury or false declaration in relation to the submission of the information.

1993, c. 38, s. 39; 2003, c. 22, s. 224(E).

Connection of Facilities

40. (1) The Commission may order a Canadian carrier to connect any of the carrier’s telecommunications facilities to any other telecommunications facilities.

Conditions of order

(2) An order may require the connection to be made at or within such time, and subject to such conditions, if any, as to compensation or otherwise, as the Commission determines to be just and expedient.

Unsolicited Telecommunications

41. The Commission may, by order, prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications to the extent that the Commission considers it necessary to prevent undue inconvenience or nuisance, giving due regard to freedom of expression.

Construction and Expropriation Powers

42. (1) Subject to any contrary provision in any Act other than this Act or any special Act, the Commission may, by order, in the exercise of its powers under this Act or any special Act, require or permit any telecommunications facilities to be provided, constructed, installed, altered, moved, operated, used, repaired or maintained or any property to be acquired or any system or method to be adopted, by any person interested in or affected by the order, and at or within such time, subject to such conditions as to compensation or otherwise and under such supervision as the Commission determines to be just and expedient.

Payment of costs

(2) The Commission may specify by whom, in what proportion and at or within what time the cost of doing anything required or permitted to be done under subsection (1) shall be paid.

43. (1) In this section and section 44, “distribution undertaking” has the same meaning as in subsection 2(1) of the Broadcasting Act.

Entry on public property

(2) Subject to subsections (3) and (4) and section 44, a Canadian carrier or distribution undertaking may enter on and break up any highway or other public place for the purpose of constructing, maintaining or operating its transmission lines and may remain there for as long as is necessary for that purpose, but shall not unduly interfere with the public use and enjoyment of the highway or other public place.

Consent of municipality

(3) No Canadian carrier or distribution undertaking shall construct a transmission line on, over, under or along a highway or other public place without the consent of the municipality or other public authority having jurisdiction over the highway or other public place.

Application by carrier

(4) Where a Canadian carrier or distribution undertaking cannot, on terms acceptable to it, obtain the consent of the municipality or other public authority to construct a transmission line, the carrier or distribution undertaking may apply to the Commission for permission to construct it and the Commission may, having due regard to the use and enjoyment of the highway or other public place by others, grant the permission subject to any conditions that the Commission determines.

Access by others

(5) Where a person who provides services to the public cannot, on terms acceptable to that person, gain access to the supporting structure of a transmission line constructed on a highway or other public place, that person may apply to the Commission for a right of access to the supporting structure for the purpose of providing such services and the Commission may grant the permission subject to any conditions that the Commission determines.

1993, c. 38, s. 43; 1999, c. 31, s. 204(F).

44. On application by a municipality or other public authority, the Commission may

(a) order a Canadian carrier or distribution undertaking, subject to any conditions that the Commission determines, to bury or alter the route of any transmission line situated or proposed to be situated within the jurisdiction of the municipality or public authority; or

(b) prohibit the construction, maintenance or operation by a Canadian carrier or distribution undertaking of any such transmission line except as directed by the Commission.

45. On application by a municipality or other public authority, or by an owner of land, the Commission may authorize the construction of drainage works or the laying of utility pipes on, over, under or along a transmission line of a Canadian carrier or any lands used for the purposes of a transmission line, subject to any conditions that the Commission determines.

1993, c. 38, s. 45; 1999, c. 31, s. 205(F).

46. (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.

Copies of opinion

(2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest or right in, the land.

Interpretation

(3) For the purposes of the Expropriation Act, if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public,

(a) the land or the interest or right in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;

(b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and

(c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or the interest or right in land.

Liability to Crown for expenses

(4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or any interest or right in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.

1993, c. 38, s. 46; 2004, c. 25, s. 177.

Telecommunications Numbering and Other Matters

46.1 The Commission may, if it determines that to do so would facilitate the interoperation of Canadian telecommunications networks,

(a) administer

(i) databases or information, administrative or operational systems related to the functioning of telecommunications networks, or

(ii) numbering resources used in the functioning of telecommunications networks, including the portion of the North American Numbering Plan resources that relates to Canadian telecommunications networks; and

(b) determine any matter and make any order with respect to the databases, information, administrative or operational systems or numbering resources.

1998, c. 8, s. 6.

46.2 (1) The Commission may, in writing and on specified terms, delegate any of its powers under section 46.1 to any person, including any body created by the Commission for that purpose.

Decision of delegate

(2) For the purposes of sections 62 and 63, a decision of a delegate is deemed to be a decision of the Commission.

Decision of Commission

(3) For greater certainty, a delegation of powers is a decision of the Commission.

Revocation of delegation

(4) The Commission may, in writing, revoke a delegation of powers. A revocation is deemed not to be a decision of the Commission.

1998, c. 8, s. 6.

46.3 (1) Subject to subsection (2), a delegate may charge rates for exercising delegated powers.

Regulation of rates

(2) The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise.

Financial Administration Act does not apply

(3) Notwithstanding the Financial Administration Act, money collected by a delegate is deemed not to be public money.

1998, c. 8, s. 6.

46.4 The Commission may regulate

(a) the manner in which any person provides services relating to any of the matters referred to in paragraph 46.1(a); and

(b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the person.

1998, c. 8, s. 6.

46.5 (1) The Commission may require any telecommunications service provider to contribute, subject to any conditions that the Commission may set, to a fund to support continuing access by Canadians to basic telecommunications services.

Designation of administrator

(2) The Commission must designate a person to administer the fund.

Regulation of administration and rates

(3) The Commission may regulate

(a) the manner in which the administrator administers the fund; and

(b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the administrator for administering the fund.

1998, c. 8, s. 6.

PART IV

ADMINISTRATION

Exercise of Powers

47. The Commission shall exercise its powers and perform its duties under this Act and any special Act

(a) with a view to implementing the Canadian telecommunications policy objectives and ensuring that Canadian carriers provide telecommunications services and charge rates in accordance with section 27; and

(b) in accordance with any orders made by the Governor in Council under section 8 or any standards prescribed by the Minister under section 15.

48. (1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under Part II, except in relation to international submarine cables, Part III or this Part or under any special Act, and the Commission shall inquire into any matter on which it is required to report or take action under section 14.

Interested persons

(2) The decision of the Commission that a person is or is not an interested person is binding and conclusive.

49. For the purposes of this Act, a quorum of the Commission consists of two members, but in uncontested matters a quorum consists of one member.

50. The Commission may extend the period, whether fixed by regulation or otherwise, for doing anything required to be done in proceedings before it or under any of its decisions.

51. The Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under this Act or any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act or any special Act.

52. (1) The Commission may, in exercising its powers and performing its duties under this Act or any special Act, determine any question of law or of fact, and its determination on a question of fact is binding and conclusive.

Factual findings of court

(2) In determining a question of fact, the Commission is not bound by the finding or judgment of any court, but the finding or judgment of a court is admissible in proceedings of the Commission.

Pending proceedings

(3) The power of the Commission to hear and determine a question of fact is not affected by proceedings pending before any court in which the question is in issue.

53. Where an issue of particular importance affecting the public interest arises, or may arise, in the course of proceedings before the Commission, the Minister of Justice may, at the request of the Commission or of the Minister’s own motion, instruct counsel to intervene in the proceedings with respect to the issue.

54. A hearing or a portion of a hearing before the Commission may, on the request of any party to the hearing, or on the Commission’s own motion, be held in camera if that party establishes to the satisfaction of the Commission, or the Commission determines, that the circumstances of the case so require.

55. The Commission has the powers of a superior court with respect to

(a) the attendance and examination of witnesses;

(b) the production and examination of any document, information or thing;

(c) the enforcement of its decisions;

(d) the entry on and inspection of property; and

(e) the doing of anything else necessary for the exercise of its powers and the performance of its duties.

56. (1) The Commission may award interim or final costs of and incidental to proceedings before it and may fix the amount of the costs or direct that the amount be taxed.

Payment of costs

(2) The Commission may order by whom and to whom any costs are to be paid and by whom they are to be taxed and may establish a scale for the taxation of costs.

57. The Commission may make rules, orders and regulations respecting any matter or thing within the jurisdiction of the Commission under this Act or any special Act.

Guidelines and Advice

58. The Commission may from time to time issue guidelines and statements with respect to any matter within its jurisdiction under this Act or any special Act, but the guidelines and statements are not binding on the Commission.

59. (1) Where a person proposes to provide a telecommunications service that would utilize telecommunications services obtained from a Canadian carrier, the Commission may, on application by the person or the carrier, advise the applicant whether and under what conditions the carrier is obliged or entitled to provide telecommunications services for the purpose of that utilization under the applicable decisions of the Commission and tariffs of the carrier, but the advice is not binding on the Commission.

Saving

(2) This section does not affect the power of the Commission to advise any person with respect to any other matter within its jurisdiction.

Decisions of Commission

60. The Commission may grant the whole or any portion of the relief applied for in any case, and may grant any other relief in addition to or in substitution for the relief applied for as if the application had been for that other relief.

61. (1) The Commission may, in any decision, provide that the whole or any portion of the decision shall come into force on, or remain in force until, a specified day, the occurrence of a specified event, the fulfilment of a specified condition, or the performance to the satisfaction of the Commission, or of a person named by it, of a requirement imposed on any interested person.

Interim decisions

(2) The Commission may make an interim decision and may make its final decision effective from the day on which the interim decision came into effect.

Ex parte decisions

(3) The Commission may make an ex parte decision where it considers that the circumstances of the case justify it.

62. The Commission may, on application or on its own motion, review and rescind or vary any decision made by it or re-hear a matter before rendering a decision.

63. (1) A decision of the Commission may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision.

Procedure

(2) A decision of the Commission may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by the secretary to the Commission.

Effect of revocation or amendment

(3) Where a decision of the Commission that has been made an order of a court is rescinded or varied by a subsequent decision of the Commission, the order of the court is vacated and the decision of the Commission as varied may be made an order of the court in accordance with subsection (2).

Saving

(4) The Commission may enforce any of its decisions whether or not the decision has been made an order of a court.

Appeals

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.

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.

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.

Time limit for appeal

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

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.

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.

1993, c. 38, s. 64; 1999, c. 31, s. 206(F).

Evidence

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.

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.

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.

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.

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.

1993, c. 38, s. 66; 2001, c. 34, s. 32(E); 2004, c. 25, s. 178.

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.

Application

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

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.

1993, c. 38, s. 67; 1998, c. 8, s. 7.

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.

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.

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.

Idem

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


[Next]




  Back to Top Important Notices