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

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.

Marginal note:Expropriation by carrier

• 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Telecommunications Numbering and Other Matters

Marginal note:Administration by Commission

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.

Marginal note:Delegation of powers

• 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.

• 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

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

• Marginal note:Regulation of rates

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

• Marginal note:Financial Administration Act does not apply

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

Marginal note:Regulation of conditions and rates

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.

Marginal note:Contribution to fund

• 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.

• Marginal note:Designation of administrator

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

• Marginal note: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.

Marginal note:Non-application of sections 12 and 62

46.6 Sections 12 and 62 do not apply in respect of a decision of the Commission, made on or after the day on which this section comes into force, on whether or not to allocate funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas.

Marginal note:Review of funding decisions

46.7 The Commission may, on its own motion, review and rescind or vary a decision made by it on whether or not to allocate funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas or re-hear a matter before rendering such a decision.

Marginal note:Request from federal minister or agency

• 46.8 (1) The Commission shall, on request, provide a federal minister, other than the Minister, or an agency of the Government of Canada with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas.

• Marginal note:Restriction

  (2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support.

• Marginal note:Use

  (3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.

• Marginal note:Confidentiality and disclosure

  (4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3)

  • (a) to the Minister;

  • (b) to any minister or agency that is entitled to make a request under this section; and

  • (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9.

• Marginal note:Use, confidentiality and disclosure

  (5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4).

Marginal note:Request from provincial minister or agency

• 46.9 (1) The Commission may, on request, provide a provincial minister or a provincial government agency with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas if providing the information would not, in the opinion of the Commission, advantage the provincial government or provincial government agency concerned.

• Marginal note:Restriction

  (2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support.

• Marginal note:Use

  (3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.

• Marginal note:Confidentiality and disclosure

  (4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3)

  • (a) to the Minister;

  • (b) to any minister or agency that is entitled to make a request under section 46.8; and

  • (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under this section.

• Marginal note:Use, confidentiality and disclosure

  (5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4).

Marginal note:Status of application for funding

• 46.91 (1) The Commission shall, on request, provide the Minister with information concerning the status of any application submitted to it for the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas.

• Marginal note:Restriction

  (2) The Minister may make a request only if the Minister considers the information to be relevant to coordinating financial support for access to telecommunications services in underserved areas.

• Marginal note:Use

  (3) The Minister may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.

• Marginal note:Confidentiality and disclosure

  (4) The Minister shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3)

  • (a) to any minister or agency that is entitled to make a request under section 46.8; and

  • (b) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9.

• Marginal note:Disclosure not waiver

  (5) The disclosure of information under subsection (1) or (4) does not, by itself, constitute a waiver of any privilege that may exist with respect to the information.