Telecommunications Act

Marginal note:Just and reasonable rates

• 27 (1) Every rate charged by a Canadian carrier for a telecommunications service shall be just and reasonable.

• Marginal note:Unjust discrimination

  (2) No Canadian carrier shall, in relation to the provision of a telecommunications service or the charging of a rate for it, unjustly discriminate or give an undue or unreasonable preference toward any person, including itself, or subject any person to an undue or unreasonable disadvantage.

• Marginal note:Questions of fact

  (3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25 or 29, or with any decision made under section 24, 25, 29, 34 or 40.

• Marginal note:Burden of proof

  (4) The burden of establishing before the Commission that any discrimination is not unjust or that any preference or disadvantage is not undue or unreasonable is on the Canadian carrier that discriminates, gives the preference or subjects the person to the disadvantage.

• Marginal note:Method

  (5) In determining whether a rate is just and reasonable, the Commission may adopt any method or technique that it considers appropriate, whether based on a carrier’s return on its rate base or otherwise.

• Marginal note:Exception

  (6) Notwithstanding subsections (1) and (2), a Canadian carrier may provide telecommunications services at no charge or at a reduced rate

  • (a) to the carrier’s directors, officers, employees or former employees; or

  • (b) with the approval of the Commission, to any charitable organization or disadvantaged person or other person.