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

Act current to 2019-08-28 and last amended on 2019-07-11. Previous Versions

PART IGeneral (continued)

Powers of Governor in Council, Commission and Minister (continued)

Marginal note:Exemptions

  •  (1) The Commission may, by order, exempt any class of Canadian carriers from the application of this Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives.

  • Marginal note:Inquiry and determination

    (2) The Commission may, on application by any interested person or on its own motion, inquire into and determine whether any condition of an exemption order has been complied with.

  • Marginal note:Interested persons

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

  • 1993, c. 38, s. 9
  • 1999, c. 31, s. 196(F)

Marginal note:Publication of proposed order

  •  (1) The Minister shall have an order proposed to be made under section 8 published in the Canada Gazette and laid before each House of Parliament, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order.

  • Marginal note:Consultation

    (2) The Minister shall consult the Commission with respect to an order proposed to be made under section 8 before it is published or laid under this section and shall consult the Commission again with respect to the order in its definitive form before it is made.

  • Marginal note:Transmittal and tabling of exemption orders

    (3) The Commission shall send to the Minister an order proposed to be made under section 9 and the Minister shall have the order laid before each House of Parliament.

  • Marginal note:Reference to committees

    (4) A proposed order laid before a House of Parliament stands referred to such committee as is designated by order of that House to receive such orders.

  • Marginal note:Modification after publication

    (5) A proposed order that is modified after publication need not be published again under subsection (1).

  • Marginal note:Making of order

    (6) After the fortieth sitting day of Parliament following the first day on which a proposed order has been laid before both Houses, the Governor in Council or the Commission, as the case may be, may make the order either as proposed or with any modifications the Governor in Council or the Commission considers advisable.

  • Marginal note:Tabling of orders

    (7) After an order is made under section 8, the Minister shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made.

  • Marginal note:Transmittal and tabling of exemption orders

    (8) After an order is made under section 9, the Commission shall immediately send it to the Minister who shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is sent.

  • Marginal note:Meaning of sitting day

    (9) For the purposes of this section, a sitting day is a day on which either House of Parliament is sitting.

Marginal note:Effect of order

  •  (1) An order made under section 8 is binding on the Commission beginning on the day on which the order comes into force.

  • Marginal note:Pending matters

    (2) Subject to subsection (3), an order made under section 8 shall, if it so provides, apply in respect of matters pending before the Commission on the day on which the order comes into force.

  • Marginal note:Idem

    (3) An order made under section 8 does not apply in respect of a matter pending before the Commission on the day on which the order comes into force if

    • (a) final submissions have been filed in respect of that matter; and

    • (b) less than one year has expired since the period for filing final submissions ended.

Marginal note:Variation, rescission or referral

  •  (1) Within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within ninety days after the decision, or on the Governor in Council’s own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it.

  • Marginal note:Copy of petition to Commission

    (2) A person who presents a petition to the Governor in Council shall, at the same time, send a copy of the petition to the Commission.

  • Marginal note:Copies to other parties

    (3) On receipt of a petition, the Commission shall send a copy of it to each person who made any oral representation to the Commission in relation to the decision that is the subject of the petition.

  • Marginal note:Notice of petition

    (4) On receipt of a petition, the Minister shall publish in the Canada Gazette a notice of its receipt indicating where the petition and any petition or submission made in response to it may be inspected and copies of them obtained.

  • Marginal note:Order for reference back

    (5) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing

    • (a) shall set out the details of any matter that the Governor in Council considers to be material to the reconsideration; and

    • (b) may specify a date before which the Commission shall complete its reconsideration.

  • Marginal note:Reconsideration

    (6) The Commission shall, before any date specified under paragraph (5)(b), reconsider a decision referred back to it under subsection (1) and may confirm, vary or rescind the decision.

  • Marginal note:Variation or rescission by Governor in Council

    (7) Where the Commission confirms or varies a decision under subsection (6) or does not complete its reconsideration of the decision before any date specified under paragraph (5)(b), the Governor in Council may, by order, vary or rescind the decision within ninety days after the confirmation or variation of the decision or the specified date, as the case may be.

  • Marginal note:Reasons

    (8) In an order made under subsection (1) or (7), the Governor in Council shall set out the reasons for making the order.

Marginal note:Provincial consultation

 The Minister, before making a recommendation to the Governor in Council for the purposes of any order under section 8 or 12, or before making any order under section 15, shall notify a minister designated by the government of each province of the Minister’s intention to make the recommendation or the order and shall provide an opportunity for each of them to consult with the Minister.

Marginal note:Report

 The Governor in Council may require the Commission to make a report on any matter within the Commission’s jurisdiction under this Act or any special Act.

Marginal note:Technical standards

  •  (1) The Minister may, where the Minister is satisfied that to do so will further the Canadian telecommunications policy objectives, by order made after consultation with the Commission, establish standards in respect of the technical aspects of telecommunications and require the Commission to give effect to them.

  • Marginal note:Incorporation by reference

    (2) An order that incorporates a standard by reference may incorporate it as amended from time to time.

  • Marginal note:Publication of proposed orders

    (3) Any order proposed to be made under this section shall be published in the Canada Gazette at least sixty days before its proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order.

  • Marginal note:Modification after publication

    (4) A proposed order that is modified after publication need not be published again under subsection (3).

PART IIEligibility to Operate

Canadian Ownership and Control

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    entity

    entity means a corporation, partnership, trust or joint venture. (entité)

    joint venture

    joint venture means an association of two or more entities, if the relationship among those associated entities does not, under the laws in Canada, constitute a corporation, a partnership or a trust and if all the undivided ownership interests in the assets of the Canadian carrier or in the voting interests of the Canadian carrier are or will be owned by all the entities that are so associated. (coentreprise)

    voting interest

    voting interest, with respect to

    • (a) a corporation with share capital, means a voting share;

    • (b) a corporation without share capital, means an ownership interest in the assets of the corporation that entitles the owner to rights similar to those enjoyed by the owner of a voting share; and

    • (c) a partnership, trust or joint venture, means an ownership interest in the assets of the partnership, trust or joint venture that entitles the owner to receive a share of the profits and to share in the assets on dissolution. (intérêt avec droit de vote)

  • Marginal note:Eligibility

    (2) A Canadian carrier is eligible to operate as a telecommunications common carrier if

    • (a) it is an entity incorporated, organized or continued under the laws of Canada or a province and is Canadian-owned and controlled;

    • (b) it owns or operates only a transmission facility that is referred to in subsection (5); or

    • (c) it has annual revenues from the provision of telecommunications services in Canada that represent less than 10% of the total annual revenues, as determined by the Commission, from the provision of telecommunications services in Canada.

  • Marginal note:Canadian ownership and control

    (3) For the purposes of paragraph (2)(a), an entity is Canadian-owned and controlled if

    • (a) in the case of a corporation, not less than 80% of the members of the board of directors are individual Canadians;

    • (b) Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than 80% of the entity’s voting interests; and

    • (c) the entity is not otherwise controlled by persons that are not Canadians.

  • Marginal note:Prohibition

    (4) No Canadian carrier shall operate as a telecommunications common carrier unless it is eligible under this section to operate as such.

  • Marginal note:Exemption

    (5) Paragraph (2)(a) and subsection (4) do not apply in respect of the ownership or operation of

    • (a) international submarine cables;

    • (b) earth stations that provide telecommunications services by means of satellites; or

    • (c) satellites.

  • Marginal note:Exception

    (6) A Canadian carrier that is eligible to operate under paragraph (2)(c) remains eligible to operate even if it has annual revenues from the provision of telecommunications services in Canada that represent 10% or more of the total annual revenues from the provision of telecommunications services in Canada as long as the increase in its annual revenues from the provision of telecommunications services in Canada to 10% or more of the total annual revenues from the provision of telecommunications services in Canada did not result from the acquisition of control of another Canadian carrier or from the acquisition of assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Acquisition

    (7) A Canadian carrier to which subsection (6) applies is not authorized to acquire control of a Canadian carrier or acquire assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Notice

    (8) A Canadian carrier that is eligible to operate under paragraph (2)(c) shall notify the Commission when it acquires control of another Canadian carrier or acquires assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Affiliates

    (9) For the purposes of determining annual revenues from the provision of telecommunications services in Canada under this section, the annual revenues of a Canadian carrier include the annual revenues from the provision of telecommunications services in Canada of its affiliates as defined in subsection 35(3).

  • 1993, c. 38, s. 16
  • 1998, c. 8, s. 2
  • 2010, c. 12, s. 2184
  • 2012, c. 19, s. 595
 
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