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

AMENDMENTS NOT IN FORCE

• — 2010, c. 23, s. 89(2)

  • • 89 (2) Subsection 41(2) of the Act, as enacted by subsection (1), is replaced by the following:

      • Exception

        (2) Despite subsection (1), the Commission may not prohibit — or, except to the extent provided by subsection (3), regulate — the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is a commercial electronic message to which An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies or a commercial electronic message referred to in subsection 6(5) of that Act.

      • Regulation

        (3) For the purposes of subsection (2), the Commission may regulate, with respect to the types of telecommunications described in subsection (4),

        • (a) the hours during which the telecommunications facilities of a Canadian carrier may be used by any person;

        • (b) the contact information to be provided by a person referred to in subsection (2) and the circumstances in which and persons to whom it must be provided;

        • (c) telecommunications made to medical or emergency services; and

        • (d) telecommunications where a live operator is not immediately available when the recipient of the telecommunication connects to it.

      • Types of telecommunications

        (4) For the purposes of subsection (3), the types of telecommunications are those that are

        • (a) in whole or in part, interactive two-way voice communications between individuals;

        • (b) sent by means of a facsimile to a telephone account; or

        • (c) voice recordings sent to a telephone account.

• — 2010, c. 23, s. 90

  • 2005, c. 50, s. 1

    90 Sections 41.1 to 41.7 of the Act are repealed.

• — 2024, c. 16, ss. 110(1), (2)

  • Bill C-26

    • 110 (1) Subsections (2) to (9) apply if Bill C-26, introduced in the 1st session of the 44th Parliament and entitled An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.

    • (2) On the first day on which section 2 of the other Act and section 84 of this Act are in force, paragraphs 15.9(1)(a) to (e) of the Telecommunications Act are repealed.

• — 2024, c. 17, s. 383

  • 383 The Telecommunications Act is amended by adding the following after section 27:

    Self-service

    • Self-service mechanism

      • 27.01 (1) A telecommunications service provider must make available to its subscribers a self-service mechanism that meets the requirements established by the Commission under subsection (2) and allows them, within the terms of the contract for telecommunications services that they have entered into with the provider, to cancel the contract or modify the telecommunications service plan established under the contract.

      • Requirements

        (2) For the purposes of subsection (1), the Commission must establish what constitutes self-service and the requirements in relation to self-service mechanisms. The Commission may also specify types of self-service mechanisms that are acceptable for the purposes of that subsection.

    Notices

    • Notice of expiry

      • 27.02 (1) A telecommunications service provider that has a fixed-term contract for telecommunications services with a subscriber must, before the expiry of the contract, provide the subscriber with a notice that the contract is set to expire.

      • Form and manner

        (2) The Commission must specify the form and manner in which — as well as the time within which and the frequency at which — the notice is to be provided under subsection (1).

      • Content of notice

        (3) The notice must contain, for the purpose of assisting the subscriber in selecting a new telecommunications service plan,

        • (a) a list of telecommunications service plans offered by the telecommunications service provider that meet the criteria that the Commission may specify;

        • (b) information relating to those plans, to be specified by the Commission;

        • (c) information relating to the self-service mechanism referred to in section 27.01; and

        • (d) any other information that the Commission may specify.

    • Notice

      27.03 The Commission may require a telecommunications service provider to provide — in the form and manner and at the frequency that the Commission specifies — its subscribers who do not have a fixed-term contract for telecommunications services with a notice containing the information set out in subsection 27.02(3).

    Prohibition

    • Prohibition

      • 27.04 (1) A telecommunications service provider must not charge a fee to a subscriber that is related to the activation or modification of a telecommunications service plan, or any other fee whose main purpose is, in the opinion of the Commission, to discourage subscribers from modifying their service plan or cancelling their contract for telecommunications services.

      • Types of fees

        (2) The Commission must specify the types of fees for the purposes of subsection (1).

    Exemption

    • Exemption

      27.05 The Commission may, subject to any conditions that it may specify, exempt any telecommunications service provider or class of telecommunications service providers from the application, in whole or in part, of sections 27.01, 27.02 and 27.04.