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

International Telecommunications Services Licences

Marginal note:Licence required — classes of telecommunications service providers

• 16.1 (1) No telecommunications service provider that is of a class specified by the Commission shall provide international telecommunications services except in accordance with an international telecommunications service licence.

• Marginal note:Licence required — classes of service

  (2) No telecommunications service provider shall, except in accordance with an international telecommunications service licence, provide international telecommunications services that are within a class of telecommunications services specified by the Commission.

Marginal note:Application

16.2 An application for the issuance, renewal or amendment of an international telecommunications service licence must be made in the form and manner and with the information specified by the Commission, and be accompanied by the fee prescribed under subsection 68(1).

Marginal note:Issuance of licences

• 16.3 (1) The Commission may, on application, issue an international telecommunications service licence.

• Marginal note:Conditions

  (2) The Commission may, in respect of international telecommunications services,

  • (a) establish licence conditions in respect of classes of telecommunications service providers or classes of international telecommunications services; and

  • (b) include in a licence conditions that are related to the circumstances of the licensee and that the Commission considers appropriate.

• Marginal note:Amendment

  (3) The Commission may, on application by any interested person or on its own motion, amend any conditions of a licence.

• Marginal note:Term

  (4) The term of a licence may not exceed ten years on its issuance or renewal.

• Marginal note:Renewal

  (5) A licence may be renewed on application by the licensee.

• Marginal note:Transfer

  (6) A licence is not transferable except with the consent of the Commission.

Marginal note:Suspension and revocation of telecommunications service licences

• 16.4 (1) The Commission may suspend or revoke an international telecommunications service licence whenever the Commission believes on reasonable grounds that the licensee has contravened this Act, the regulations or any condition of the licence, but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Commission.

• Marginal note:Consent of licensee

  (2) The Commission may suspend or revoke a licence with the consent of, or on application by, the licensee.

International Submarine Cable Licences

Marginal note:Licence required

17 No person shall construct or operate an international submarine cable or construct or operate any works or facilities for the purpose of operating an international submarine cable except in accordance with an international submarine cable licence that has been issued to the person and that the person remains eligible under the regulations to hold.

Marginal note:Application

18 An application for the issuance, renewal or amendment of an international submarine cable licence must be made in the prescribed form and manner and be accompanied by the prescribed information and the prescribed fee or a fee calculated in the prescribed manner.

Marginal note:Issuance of licences

• 19 (1) The Minister may, on application, issue an international submarine cable licence to a person who is eligible under the regulations to hold the licence.

• Marginal note:Conditions

  (2) An international submarine cable licence may contain such conditions as the Minister considers are consistent with the Canadian telecommunications policy objectives.

• Marginal note:Term

  (3) The term of an international submarine cable licence may not exceed ten years on issuance of the licence or on renewal.

• Marginal note:Amendment, renewal and transfer

  (4) An international submarine cable licence may be amended or renewed on application by the licensee, but a licence is not transferable except with the consent of the Minister.

Marginal note:Suspension and revocation of licences

• 20 (1) The Minister may suspend or revoke an international submarine cable licence whenever the Minister believes on reasonable grounds that the licensee has ceased to be eligible under the regulations or has contravened this Act, the regulations or any condition of the licence but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Minister.

• Marginal note:Idem

  (2) The Minister may suspend or revoke an international submarine cable licence on application made by or with the consent of the licensee.

Documentary Evidence

Marginal note:Supporting affidavit

21 The Minister may require the furnishing of an affidavit or a solemn declaration attesting to the authenticity of any document provided under this Part or the regulations, or to the truth of any fact stated in any such document or in any application submitted under this Part.

Regulations

Marginal note:Regulations

• 22 (1) The Governor in Council may, in relation to Canadian carriers’ eligibility under section 16 to operate as telecommunications common carriers, make regulations

  • (a) respecting information that is to be provided, the persons by whom and to whom it is to be provided, the manner in which and the time within which it is to be provided and the consequences of failing to provide it;

  • (b) respecting the circumstances and the manner in which a Canadian carrier, in order to maintain its eligibility, may control the acquisition and ownership of its voting shares, restrict, suspend or refuse to recognize ownership rights in respect of those shares and require holders of those shares to dispose of them;

  • (c) authorizing the board of directors of a Canadian carrier to pay a dividend or to make any other distribution with respect to voting shares that would otherwise be prohibited because the shares were held in contravention of section 16 or any regulations made under this subsection where, in the board’s opinion, the contravention was inadvertent or of a technical nature or it would be otherwise inequitable not to pay the dividend or make the distribution;

  • (d) respecting the circumstances and the manner in which a Canadian carrier may restrict voting rights attached to shares, or suspend or void the exercise of those rights, in order to maintain its eligibility;

  • (e) respecting the circumstances and the manner in which a Canadian carrier may

    • (i) sell, redeem or purchase shares held contrary to section 16 or any regulations made under this subsection, and

    • (ii) deal with the proceeds of sale and reimburse any purchasers of the shares in good faith;

  • (f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance;

  • (g) respecting the verification by the Commission of a Canadian carrier’s eligibility, the measures the Commission may take to maintain the carrier’s eligibility, including exercising the powers of the carrier’s board of directors and countermanding its decisions, and the circumstances and manner in which the Commission may take those measures;

  • (h) respecting the circumstances and manner in which the Commission and its members, officers or employees, or its agents or mandataries, or a Canadian carrier and its directors, officers and employees, and its agents or mandataries, may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility;

  • (i) defining the words successor and Canadian for the purposes of section 16; and

  • (j) prescribing anything that is to be prescribed and generally for carrying out the purposes and provisions of section 16 and this subsection.

• Marginal note:Idem

  (2) The Governor in Council may, in relation to international submarine cable licences, make regulations

  • (a) prescribing the procedure governing applications for licences, including the form of applications, the information to accompany them and the manner of filing, processing and disposing of them;

  • (b) respecting the form of licences and the information they must include and requiring licensees to publish or otherwise make them available for public inspection;

  • (c) prescribing classes of international submarine cable licences and determining the persons eligible to hold licences of any particular class;

  • (d) prescribing fees, or the manner of calculating fees, in respect of licences and prescribing the manner in which the fees are to be paid; and

  • (e) generally for carrying out the purposes and provisions of sections 17 to 20.

• Marginal note:Liability for fees

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

• Marginal note:Publication of proposed regulations

  (4) Any regulations proposed to be made under this section 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 Minister with respect to the proposed regulations.

• Marginal note:Idem

  (5) Proposed regulations that are modified after publication need not be published again under subsection (4).

PART IIIRates, Facilities and Services

Provision of Services

Marginal note:Meaning of telecommunications service

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.

Marginal note:Conditions of service

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.

Marginal note:Conditions of service — person other than Canadian carrier

24.1 The offering and provision of any telecommunications service by any person other than a Canadian carrier are subject to any conditions imposed by the Commission, including those relating to

• (a) service terms and conditions in contracts with users of telecommunications services;

• (b) protection of the privacy of those users;

• (c) access to emergency services; and

• (d) access to telecommunications services by persons with disabilities.

Marginal note:Definition of fixed broadband service

• 24.2 (1) In this section, fixed broadband service means any high-speed data transmission service provided to a fixed location using cable, fibre optics, wireless access, satellite or any similar transmission system.

• Marginal note:Information required

  (2) A Canadian carrier that offers fixed broadband services shall make the following information available to the public, in the form and manner specified by the Commission:

  • (a) service quality metrics during peak periods;

  • (b) typical download and upload speeds during peak periods; and

  • (c) any other information required by the Commission that is in the public’s interest.

• Marginal note:Public hearings

  (3) For the purposes of subsection (2), the Commission shall hold public hearings to determine the following:

  • (a) the service quality metrics that are to be measured and the manner in which they will be measured, as well as the methodology that is to be used to ensure that those metrics are representative of the different fixed broadband services packages offered in different regions across Canada;

  • (b) the methodology that is to be used to determine what constitutes typical download and upload speeds for different fixed broadband services packages offered in different regions across Canada;

  • (c) the periods that are to be considered peak periods;

  • (d) the types of Canadian carriers, if any, that should be excluded, in whole or in part, from the application of subsection (2);

  • (e) the types of transmission systems in respect of which the information referred to in subsection (2) is to be provided;

  • (f) the form and manner in which the information referred to in subsection (2) is to be provided to the public to ensure that it is easily available, accessible and simple to understand; and

  • (g) the measures that are to be taken, including in respect of compliance monitoring and enforcement, to ensure that the fixed broadband services provided by Canadian carriers reflect the information made available under subsection (2).

Marginal note:Telecommunications rates to be approved

• 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Effective date of tariff

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.