Unsolicited Telecommunications Fees Regulations (SOR/2013-7)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

fiscal year

fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. (exercice)

National Do Not Call List

National Do Not Call List means the national do not call list established for the purposes of section 41 of the Telecommunications Act. (Liste nationale de numéros de télécommunication exclus)

Fees

Marginal note:Fees

• 2 (1) A person that subscribes to the National Do Not Call List must pay to the Commission the fees payable by them in accordance with sections 3 and 4.

• Marginal note:For greater certainty — rates

  (2) For greater certainty, the fees referred to in subsection (1) are in addition to any rates that may be charged by a delegate under subsection 41.4(1) of the Telecommunications Act, including those that may be charged to subscribe to the National Do Not Call List.

Marginal note:Amount to be paid on subscription

• 3 (1) On subscribing to the National Do Not Call List, a person must pay to the Commission, or to a person to whom the Commission has delegated the power to collect fees under subsection 41.3(1) of the Telecommunications Act, if applicable, the amount set out in column 2 that corresponds to each of the person’s subscription types set out in column 1 of

  • (a) Schedule 1, if the person subscribes during the period beginning on August 1, 2015 and ending on March 31, 2016;

  • (b) Schedule 2, if the person subscribes during the period beginning on April 1, 2016 and ending on March 31, 2017; and

  • (c) Schedule 3, if the person subscribes on or after April 1, 2017.

• Marginal note:Determination of fee payable

  (2) No later than 90 days after the end of each fiscal year in which amounts are paid under subsection (1), the Commission or person to whom the Commission has delegated the power to collect fees under subsection 41.3(1) of the Telecommunications Act must

  • (a) determine in accordance with subsection 4(1) or (2), as the case may be, the fees payable to the Commission by each person for that fiscal year; and

  • (b) if those fees payable are less than the amounts paid by the person under subsection (1) in that fiscal year, refund to them the excess amount in accordance with subsection 4(3).

Marginal note:Fees payable — amounts paid do not exceed costs

• 4 (1) If the total of all amounts paid under subsection 3(1) in a given fiscal year is less than or equal to the Commission’s telemarketing regulatory costs for that fiscal year, the fees payable by a person for that fiscal year are equal to the amounts paid by them under that subsection.

• Marginal note:Fees payable — amounts paid exceed costs

  (2) If the total of all amounts paid under subsection 3(1) in a given fiscal year exceeds the Commission’s telemarketing regulatory costs for that fiscal year, the fees payable by a person for that fiscal year are equal to the amount determined by the formula

  (A / B) × C

  where

  A

  is the amounts paid by the person under subsection 3(1) in the fiscal year;

  B

  is the total of all amounts paid under subsection 3(1) in the fiscal year; and

  C

  is the Commission’s telemarketing regulatory costs for the fiscal year.

• Marginal note:Refund

  (3) The difference between the amounts paid by a person under subsection 3(1) in a fiscal year and the fees payable by them under subsection 4(2) for that fiscal year is, if it is at least five dollars, to be refunded to the person.

• Marginal note:Telemarketing regulatory costs

  (4) The telemarketing regulatory costs of the Commission for a given fiscal year are the portion of the costs of the Commission’s activities for that fiscal year, as set out in the Commission’s Expenditure Plan published in Part III of the Estimates of the Government of Canada and, if applicable, the Supplementary Estimates of the Government of Canada, that are attributable to the Commission’s responsibilities under section 41.2 of the Telecommunications Act and that are not recovered under any regulation made under section 68 of that Act.

Public Notice

Marginal note:Telemarketing regulatory costs

• 5 (1) The Commission is to publish, each year in a public notice in the Canada Gazette, Part I, its telemarketing regulatory costs.

• Marginal note:Total amounts paid

  (2) The Commission is to publish, each year in a public notice, the total of all amounts paid under subsection 3(1) in the last completed fiscal year.

Coming into Force

Marginal note:April 1, 2013

6 These Regulations come into force on April 1, 2013.