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

Connection of Facilities

Marginal note:Order for connection

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

• Marginal note: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

Marginal note:Prohibition or regulation by Commission

• 41 (1) 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.

• Marginal note:Exception

  (2) Despite subsection (1), the Commission may not prohibit or 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) a commercial electronic message to which section 6 of 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

  • (b) a commercial electronic message referred to in subsection 6(5) of that Act, except to the extent that it is one referred to in subsection 6(8) of that Act.

Marginal note:Do not call list

41.1 Sections 41.2 to 41.7 create a legislative framework for a national do not call list.

Marginal note:Administration by Commission

41.2 The Commission may, for the purposes of section 41,

• (a) administer databases or information, administrative or operational systems;

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

• (c) conduct investigations to determine whether there has been a contravention of any order made under that section.

Marginal note:Fees

• 41.21 (1) The Commission may make regulations prescribing fees, and respecting their calculation and payment, to be paid by any person who acquires information from the databases or the information, administrative or operational systems referred to in section 41.2 for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under that section and that are not recovered under any regulation made under section 68.

• Marginal note: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.

• Marginal note:Prepublication of regulations

  (3) The Commission shall publish any regulations that it proposes to make under subsection (1) and shall give interested persons a reasonable opportunity to make representations to the Commission with respect to the proposed regulations.

• Marginal note:Modification after publication

  (4) Proposed regulations that are modified after publication need not be published again under subsection (3).

Marginal note:Delegation of powers

• 41.3 (1) The Commission may, in writing and on specified terms, delegate to any person, including any body created by the Commission for that purpose, any of its powers under section 41.2 and the power to collect fees that it prescribes under subsection 41.21(1).

• Marginal note: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.

• Marginal note:Decision of Commission

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

• Marginal note: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.

Marginal note:Rates

• 41.4 (1) A delegate may charge rates for exercising delegated powers.

• (2) [Repealed, 2012, c. 19, s. 599]

Marginal note:Financial Administration Act does not apply

• 41.41 (1) Despite the Financial Administration Act, money collected by a delegate is deemed not to be public money.

• Marginal note:Exception — fees

  (2) However, any fees that are prescribed under subsection 41.21(1) and collected by the delegate are public money when they are paid to the Receiver General.

Marginal note:Regulation of rates and delegated powers

41.5 The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise, and the manner in which the delegate exercises any of the delegated powers.

Marginal note:Report to Minister

• 41.6 (1) The Commission shall, within six months after the end of each fiscal year, deliver a report to the Minister on the operation of the national do not call list in that fiscal year.

• Marginal note:Content of report

  (2) The report shall set out any costs or expenditures related to the list, the number of Canadians using the list, the number of telemarketers accessing the list, any incon­sistencies in the prohibitions or requirements of the Commission under section 41 that are applicable to the operation of the list, and an analysis of the effectiveness of the list.

• Marginal note:Tabling of report

  (3) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

Marginal note:Exemptions

• 41.7 (1) An order made by the Commission that imposes a prohibition or requirement under section 41 that relates to information contained in any database or any information, administrative or operational system administered under section 41.2 for the purpose of a national do not call list does not apply in respect of a telecommunication

  • (a) made by or on behalf of a registered charity within the meaning of subsection 248(1) of theIncome Tax Act;

  • (b) made to a person

    • (i) with whom the person making the telecommunication, or the person or or­ganization on whose behalf the telecommunication is made, has an existing business relationship, and

    • (ii) who has not made a do not call request in respect of the person or organization on whose behalf the telecommunication is made;

  • (c) made by or on behalf of a political party that is a registered party as defined in subsection 2(1) of the Canada Elections Act or that is registered under provincial law for the purposes of a provincial or municipal election;

  • (d) made by or on behalf of a nomination contestant, leadership contestant or candidate of a political party described in paragraph (c) or by or on behalf of the official campaign of such a contestant or candidate;

  • (e) made by or on behalf of an association of members of a political party described in paragraph (c) for an electoral district;

  • (f) made for the sole purpose of collecting information for a survey of members of the public; or

  • (g) made for the sole purpose of soliciting a subscription for a newspaper of general circulation.

• Marginal note:Definitions

  (2) The following definitions apply in subsection (1).

  candidate

  candidate means a candidate as defined in subsection 2(1) of the Canada Elections Act or a candidate whose nomination has been confirmed, for the purposes of a provincial or municipal election, by a political party that is registered under provincial law. (candidat)

  existing business relationship

  existing business relationship means a business relationship that has been formed by a voluntary two-way communication between the person making the telecommunication and the person to whom the telecommunication is made, arising from

  • (a) the purchase of services or the purchase, lease or rental of products, within the eighteen-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made from the person or organization on whose behalf the telecommunication is made;

  • (b) an inquiry or application, within the six-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made; or

  • (c) any other written contract between the person to whom the telecommunication is made and the person or organization on whose behalf the telecommunication is made that is currently in existence or that expired within the eighteen-month period immediately preceding the date of the telecommunication. (relation d’affaires en cours)

  leadership contestant

  leadership contestant means a leadership contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for the leadership of a political party that is registered under provincial law. (candidat à la direction)

  nomination contestant

  nomination contestant means a nomination contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for nomination by a political party that is registered under provincial law as its candidate in a provincial or municipal election. (candidat à l’investiture)

• Marginal note:Identification of purpose

  (3) Any person making a telecommunication referred to in subsection (1) must, at the beginning of the telecommunication, identify the purpose of the telecommunication and the person or organization on whose behalf the telecommunication is made.

• Marginal note:Distinct do not call lists

  (4) Every person or organization that, by virtue of subsection (1), is exempt from the application of an order made by the Commission that imposes a prohibition or requirement under section 41 shall maintain their own do not call list and shall ensure that no telecommunication is made on their behalf to any person who has requested that they receive no telecommunication made on behalf of that person or organization.

• Marginal note:Exception

  (5) Subsections (3) and (4) do not apply in respect of a person making a telecommunication referred to in paragraph (1)(f).

Construction and Expropriation Powers

Marginal note:Works ordered by Commission

• 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.

• Marginal note: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.

Marginal note:Definition

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

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Applications by municipalities and other authorities

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.

Marginal note:Drainage and utilities

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.