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

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.

PART IVAdministration

Exercise of Powers

Marginal note:Commission subject to orders and standards

47 The Commission shall exercise its powers and perform its duties under this Act and any special Act

• (a) with a view to implementing the Canadian telecommunications policy objectives and ensuring that Canadian carriers provide telecommunications services and charge rates in accordance with section 27; and

• (b) in accordance with any orders made by the Governor in Council under section 8 or any standards prescribed by the Minister under section 15.

Marginal note:Inquiries and determinations

• 48 (1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under Part II, except in relation to international submarine cables, Part III or this Part or under any special Act, and the Commission shall inquire into any matter on which it is required to report or take action under section 14.

• Marginal note:Accessibility inquiries

  (1.1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under sections 51 to 53 of the Accessible Canada Act.

• Marginal note:Interested persons

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

Marginal note:Quorum

49 For the purposes of this Act, a quorum of the Commission consists of two members, but in uncontested matters a quorum consists of one member.

Marginal note:Extension of time

50 The Commission may extend the period, whether fixed by regulation or otherwise, for doing anything required to be done in proceedings before it or under any of its decisions.

Marginal note:Mandatory and restraining orders

51 The Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under this Act, under sections 51 to 53 of the Accessible Canada Act or under any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act, under those sections of the Accessible Canada Act or under any special Act.

Marginal note:Questions of law and fact

• 52 (1) The Commission may, in exercising its powers and performing its duties under this Act or any special Act, determine any question of law or of fact, and its determination on a question of fact is binding and conclusive.

• Marginal note:Factual findings of court

  (2) In determining a question of fact, the Commission is not bound by the finding or judgment of any court, but the finding or judgment of a court is admissible in proceedings of the Commission.

• Marginal note:Pending proceedings

  (3) The power of the Commission to hear and determine a question of fact is not affected by proceedings pending before any court in which the question is in issue.

Marginal note:Counsel assigned by Minister of Justice

53 Where an issue of particular importance affecting the public interest arises, or may arise, in the course of proceedings before the Commission, the Minister of Justice may, at the request of the Commission or of the Minister’s own motion, instruct counsel to intervene in the proceedings with respect to the issue.

Marginal note:In camera hearings

54 A hearing or a portion of a hearing before the Commission may, on the request of any party to the hearing, or on the Commission’s own motion, be held in camera if that party establishes to the satisfaction of the Commission, or the Commission determines, that the circumstances of the case so require.

Marginal note:Judicial powers

55 The Commission has the powers of a superior court with respect to

• (a) the attendance and examination of witnesses;

• (b) the production and examination of any document, information or thing;

• (c) the enforcement of its decisions;

• (d) the entry on and inspection of property; and

• (e) the doing of anything else necessary for the exercise of its powers and the performance of its duties.

Marginal note:Award of costs

• 56 (1) The Commission may award interim or final costs of and incidental to proceedings before it and may fix the amount of the costs or direct that the amount be taxed.

• Marginal note:Payment of costs

  (2) The Commission may order by whom and to whom any costs are to be paid and by whom they are to be taxed and may establish a scale for the taxation of costs.

Marginal note:Rules, orders and regulations

57 The Commission may make rules, orders and regulations respecting any matter or thing within the jurisdiction of the Commission under this Act or any special Act.

Guidelines and Advice

Marginal note:Guidelines

58 The Commission may from time to time issue guidelines and statements with respect to any matter within its jurisdiction under this Act or any special Act, but the guidelines and statements are not binding on the Commission.

Marginal note:Advice

• 59 (1) Where a person proposes to provide a telecommunications service that would utilize telecommunications services obtained from a Canadian carrier, the Commission may, on application by the person or the carrier, advise the applicant whether and under what conditions the carrier is obliged or entitled to provide telecommunications services for the purpose of that utilization under the applicable decisions of the Commission and tariffs of the carrier, but the advice is not binding on the Commission.

• Marginal note:Saving

  (2) This section does not affect the power of the Commission to advise any person with respect to any other matter within its jurisdiction.

Decisions of Commission

Marginal note:Partial or additional relief

60 The Commission may grant the whole or any portion of the relief applied for in any case, and may grant any other relief in addition to or in substitution for the relief applied for as if the application had been for that other relief.

Marginal note:Conditional decisions

• 61 (1) The Commission may, in any decision, provide that the whole or any portion of the decision shall come into force on, or remain in force until, a specified day, the occurrence of a specified event, the fulfilment of a specified condition, or the performance to the satisfaction of the Commission, or of a person named by it, of a requirement imposed on any interested person.

• Marginal note:Interim decisions

  (2) The Commission may make an interim decision and may make its final decision effective from the day on which the interim decision came into effect.

• Marginal note:Ex parte decisions

  (3) The Commission may make an ex parte decision where it considers that the circumstances of the case justify it.

Marginal note:Review of decisions

62 The Commission may, on application or on its own motion, review and rescind or vary any decision made by it or re-hear a matter before rendering a decision.

Marginal note:Enforcement in Federal Court

• 63 (1) A decision of the Commission may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision.

• Marginal note:Procedure

  (2) A decision of the Commission may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by the secretary to the Commission.

• Marginal note:Effect of revocation or amendment

  (3) Where a decision of the Commission that has been made an order of a court is rescinded or varied by a subsequent decision of the Commission, the order of the court is vacated and the decision of the Commission as varied may be made an order of the court in accordance with subsection (2).

• Marginal note:Saving

  (4) The Commission may enforce any of its decisions whether or not the decision has been made an order of a court.