Short Title

1 This Order may be cited as the Telecommunications Apparatus Assessment and Testing Fees Order.

Interpretation

2 In this Order,

certification

certification means, in respect of telecommunications apparatus, the registration of the apparatus in a list maintained and published by the Minister for the purpose of informing the public of telecommunications apparatus that comply with technical requirements, specifications or standards established by the Minister; (homologation)

Consumer Price Index

Consumer Price Index means the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act; (indice des prix à la consommation)

departmental laboratory

departmental laboratory means the Certification and Engineering Bureau of the Department of Communications; (laboratoire du ministère)

engineering brief

engineering brief means a written submission, signed by a responsible person, containing significant technical information or design data and description of the tests that have been conducted, including the results of such tests, for the purpose of confirming that a telecommunications apparatus complies with the applicable technical requirements, specifications or standards; (mémoire technique)

Minister

Minister means the Minister of Communications and includes, in relation to any particular function or duty of the Minister referred to in this Order, a person authorized by the Minister of Communications to perform such function or duty; (ministre)

technical requirements, specifications or standards

technical requirements, specifications or standards means, in respect of each application for the assessment of a telecommunications apparatus, only such technical requirements, specifications or standards as apply to that apparatus to be used for one particular purpose and in one environment. (exigences, spécifications ou normes techniques)

Fees

Assessment Fee

• 3 (1) Where a person applies to the Minister for the assessment of a telecommunications apparatus described in column I of an item of the schedule for the purpose of determining compliance with technical requirements, specifications or standards, that person shall pay the fee set out in column II of that item.

• (2) An application for the assessment of a telecommunications apparatus that is submitted without an engineering brief shall be construed as including an application for such testing, referred to in section 4, as may be necessary for the purposes of the assessment.

Testing Fee

4 Where a person applies to the Minister for the testing of a telecommunications apparatus, to be carried out by the departmental laboratory for the purpose of determining compliance with technical requirements, specifications or standards, the person shall pay, for the laboratory time consumed in respect of the testing, a testing fee calculated at the rate of $120 per person-hour or part thereof.

Certification Fee

5 Where a person applies to the Minister for the assessment or testing of a telecommunications apparatus, for the purpose of determining compliance with technical requirements, specifications or standards established by the Minister in connection with the issuance of radio licences, the exemption of radio apparatus from licensing or the sale of terminal equipment or terminal connecting equipment and also applies to the Minister for certification of the telecommunications apparatus, the person shall pay, in addition to any applicable fee for the assessment or testing, a certification fee of $45.

Label or other Approved Marking Fees

• 6 (1) Where a person applies to the Minister for a label or marking to indicate that a telecommunications apparatus has been certified as complying with technical requirements, specifications or standards established by the Minister, that person shall pay,

  • (a) in respect of single-line terminal equipment, $110 per thousand labels or markings; and

  • (b) in respect of multi-line terminal equipment, $500 per thousand labels or markings.

• (2) [Repealed, SOR/98-91, s. 2]

Reassessment Fee

• 7 (1) Where a person who has applied to the Minister for the assessment of a telecommunications apparatus described in column I of an item of the schedule has been notified that the Minister has determined that the apparatus does not comply with the technical requirements, specifications or standards, and where the person submits the same apparatus for reassessment within the six months immediately following the date of notification of failure to comply, the person shall pay a reassessment fee calculated at the rate of $100 per person-hour or part thereof, which fee shall not exceed the fee set out in column II of that item.

• (2) Where a person has applied to the Minister for the reassessment of a certified telecommunications apparatus described in column I of an item of the schedule that has been modified or redesigned, the person who submitted the apparatus for reassessment shall pay a reassessment fee calculated at the rate of $100 per person-hour or part thereof, which fee shall not exceed the fee set out in column II of that item.

• (3) An application for the reassessment of a telecommunications apparatus that is submitted without an engineering brief shall be construed as including an application for such testing, referred to in section 4, as may be necessary for the purposes of the reassessment.

Payment of Fees

• 8 (1) A person who applies for an assessment of a telecommunications apparatus shall pay the appropriate fee at the time of making the application.

• (2) [Repealed, SOR/98-91, s. 3]

Fee Adjustments

• 9 (1) The Minister may adjust the technical assessment, reassessment, certification, testing and labels or markings fees for telecommunications apparatus by using a formula based upon the average percentage change year-over-year in the Consumer Price Index (CPI) that is

  • (a) calculated from January 1st of the calendar year of the effective date of the last applicable fee revision; or

  • (b) calculated from January 1st of the calendar year of the anniversary date of the last applicable fee revision.

• (2) Where the average percentage change year-over-year in the Consumer Price Index as calculated in subsection (1) is greater than zero,

  • (a) the applicable technical assessment, reassessment, certification and testing fees are determined by adding the applicable existing fee to the product of that fee multiplied by the average percentage change year-over-year in the CPI and rounding the sum to the nearest $5.00; and

  • (b) the applicable label or marking fees are determined by adding the applicable existing fee to the product of that fee multiplied by the average percentage change year-over-year in the CPI and rounding the sum to the nearest $1.00.

• (3) Where the average percentage change year-over-year in the Consumer Price Index as calculated in subsection (1) is equal to or less than zero the fee remains the same.

• (4) Fees adjusted by the formula based upon the Consumer Price Index come into effect April 1st of each year after the notice of the fee adjustment and the manner in which it was determined is published in the Canada Gazette Part I.