Telecommunications Act

Statutes of Canada, Chapter 38

An Act respecting telecommunications.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


SHORT TITLE

Short title
1. This Act may be cited as the Telecommunications Act.

PART I

GENERAL

Interpretation

Definitions
2. (1) In this Act,
"broadcasting undertaking"
« entreprise de radiodiffusion »
has the same meaning as in subsection 2(1) of the Broadcasting Act;
"Canadian carrier"
« entreprise canadienne »
means a telecommunications common carrier that is subject to the legislative authority of Parliament;
"Canadian telecommunications policy objectives"
Version anglaise seulement
means the objectives set out in section 7;
"charge"
Version anglaise seulement
includes to receive in payment;
"Commission"
« Conseil »
means the Canadian Radio-television and Telecommunications Commission;
"control"
« contrôle »
means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, agreement or arrangement, the ownership of any body corporate or otherwise;
"decision"
« décision »
includes a determination made by the Commission in any form;
"exempt transmission apparatus"
« appareil de transmission exclu »
means any apparatus whose functions are limited to one or more of the following:
(a) the switching of telecommunications,
(b) the input, capture, storage, organization, modification, retrieval, output or other processing of intelligence, or
(c) control of the speed, code, protocol, content, format, routing or similar aspects of the transmission of intelligence;
"intelligence"
« information »
means signs, signals, writing, images, sounds or intelligence of any nature;
"international submarine cable"
« câble sous-marin international »
means a submarine telecommunications line that extends between Canada and any place outside Canada, or between places outside Canada through Canada, other than a line situated entirely under fresh water;
"international submarine cable licence"
« licence de câble sous-marin »
means a licence issued under section 19;
"Minister"
« ministre »
means the Minister of Communications;
"person"
« personne »
includes any individual, partnership, body corporate, unincorporated organization, government, government agency, trustee, executor, administrator or other legal representative;
"prescribed"
Version anglaise seulement
means prescribed by regulation;
"public authority"
« administration publique »
includes Her Majesty in right of Canada or a province;
"rate"
« tarif »
means an amount of money or other consideration and includes zero consideration;
"special Act"
« loi spéciale »
means an Act of Parliament respecting the operations of a particular Canadian carrier;
"telecommunications"
« télécommunication »
means the emission, transmission or reception of intelligence by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system;
"telecommunications common carrier"
« entreprise de télécommunication »
means a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation;
"telecommunications facility"
« installation de télécommunication »
means any facility, apparatus or other thing that is used or is capable of being used for telecommunications or for any operation directly connected with telecommunications, and includes a transmission facility;
"telecommunications service"
« service ... »
means a service provided by means of telecommunications facilities and includes the provision in whole or in part of telecommunications facilities and any related equipment, whether by sale, lease or otherwise;
"transmission facility"
« installation de transmission »
"transmission facility" means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system, for the transmission of intelligence between network termination points, but does not include any exempt transmission apparatus.
Definition of "network termination point"
(2) The Commission may define the expression "network termination point" for purposes of the definition "transmission facility" in subsection (1).

Her Majesty

Act binding on Her Majesty
3. This Act is binding on Her Majesty in right of Canada or a province.

Application

Broadcasting excluded
4. This Act does not apply in respect of broadcasting by a broadcasting undertaking.

Receivership
5. A trustee, receiver or manager who, under the authority of any court or any legal instrument, operates any transmission facility of a Canadian carrier is subject to this Act.
Special Acts
6. The provisions of this Act prevail over the provisions of any special Act to the extent that they are inconsistent.

Canadian Telecommunications Policy

Objectives
7. It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada's identity and sovereignty and that the Canadian telecommunications policy has as its objectives
(a) to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions;
(b) to render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada;
(c) to enhance the efficiency and competitiveness, at the national and international levels, of Canadian telecommunications;
(d) to promote the ownership and control of Canadian carriers by Canadians;
(e) to promote the use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada;
(f) to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective;
(g) to stimulate research and development in Canada in the field of telecommunications and to encourage innovation in the provision of telecommunications services;
(h) to respond to the economic and social requirements of users of telecommunications services; and
(i) to contribute to the protection of the privacy of persons.

Powers of Governor in Council, Commission and Minister

Directions
8. The Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to the Canadian telecommunications policy objectives.

Exemptions
9. (1) The Commission may, by order, exempt any class of Canadian carriers from the application of this Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives.
Inquiry and determination
(2) The Commission may, on application by any interested person or on its own motion, inquire into and determine whether any condition of an exemption order has been complied with.
Interested persons
(3) The decision of the Commission that a person is or is not an interested person is binding and conclusive.

Publication of proposed order
10. (1) The Minister shall have an order proposed to be made under section 8 published in the Canada Gazette and laid before each House of Parliament, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order.
Consultation
(2) The Minister shall consult the Commission with respect to an order proposed to be made under section 8 before it is published or laid under this section and shall consult the Commission again with respect to the order in its definitive form before it is made.
Transmittal and tabling of exemption orders
(3) The Commission shall send to the Minister an order proposed to be made under section 9 and the Minister shall have the order laid before each House of Parliament.
Reference to committees
(4) A proposed order laid before a House of Parliament stands referred to such committee as is designated by order of that House to receive such orders.
Modification after publication
(5) A proposed order that is modified after publication need not be published again under subsection (1).
Making of order
(6) After the fortieth sitting day of Parliament following the first day on which a proposed order has been laid before both Houses, the Governor in Council or the Commission, as the case may be, may make the order either as proposed or with any modifications the Governor in Council or the Commission considers advisable.
Tabling of orders
(7) After an order is made under section 8, the Minister shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made.
Transmittal and tabling of exemption orders
(8) After an order is made under section 9, the Commission shall immediately send it to the Minister who shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is sent.
Meaning of "sitting day"
(9) For the purposes of this section, a "sitting day" is a day on which either House of Parliament is sitting.

Effect of order
11. (1) An order made under section 8 is binding on the Commission beginning on the day on which the order comes into force.
Pending matters
(2) Subject to subsection (3), an order made under section 8 shall, if it so provides, apply in respect of matters pending before the Commission on the day on which the order comes into force.
Idem
(3) An order made under section 8 does not apply in respect of a matter pending before the Commission on the day on which the order comes into force if
(a) final submissions have been filed in respect of that matter; and
(b) less than one year has expired since the period for filing final submissions ended.

Variation, rescission or referral
12. (1) Within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within ninety days after the decision, or on the Governor in Council's own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it.
Copy of petition to Commission
(2) A person who presents a petition to the Governor in Council shall, at the same time, send a copy of the petition to the Commission.
Copies to other parties
(3) On receipt of a petition, the Commission shall send a copy of it to each person who made any oral representation to the Commission in relation to the decision that is the subject of the petition.
Notice of petition
(4) On receipt of a petition, the Minister shall publish in the Canada Gazette a notice of its receipt indicating where the petition and any petition or submission made in response to it may be inspected and copies of them obtained.
Order for reference back
(5) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing
(a) shall set out the details of any matter that the Governor in Council considers to be material to the reconsideration; and
(b) may specify a date before which the Commission shall complete its reconsideration.
Reconsideration
(6) The Commission shall, before any date specified under paragraph (5)(b), reconsider a decision referred back to it under subsection (1) and may confirm, vary or rescind the decision.
Variation or rescission by Governor in Council
(7) Where the Commission confirms or varies a decision under subsection (6) or does not complete its reconsideration of the decision before any date specified under paragraph (5)(b), the Governor in Council may, by order, vary or rescind the decision within ninety days after the confirmation or variation of the decision or the specified date, as the case may be.
Reasons
(8) In an order made under subsection (1) or (7), the Governor in Council shall set out the reasons for making the order.

Provincial consultation
13. The Minister, before making a recommendation to the Governor in Council for the purposes of any order under section 8, 9 or 12, or before making any order under section 15, shall notify a minister designated by the government of each province of the Minister's intention to make the recommendation or the order and shall provide an opportunity for each of them to consult with the Minister.

Report
14. The Governor in Council may require the Commission to make a report on any matter within the Commission's jurisdiction under this Act or any special Act.

Technical standards
15. (1) The Minister may, where the Minister is satisfied that to do so will further the Canadian telecommunications policy objectives, by order made after consultation with the Commission, establish standards in respect of the technical aspects of telecommunications and require the Commission to give effect to them.
Incorporation by reference
(2) An order that incorporates a standard by reference may incorporate it as amended from time to time.
Publication of proposed orders
(3) Any order proposed to be made under this section shall be published in the Canada Gazette at least sixty days before its proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order.
Modification after publication
(4) A proposed order that is modified after publication need not be published again under subsection (3).

PART II

ELIGIBILITY TO OPERATE

Canadian Ownership and Control

Eligibility
16. (1) A Canadian carrier is eligible to operate as a telecommunications common carrier if it is a Canadian-owned and controlled corporation incorporated or continued under the laws of Canada or a province.
Established carriers
(2) A Canadian carrier other than a corporation described in subsection (1) is eligible to operate as a telecommunications common carrier if it is a corporation incorporated or continued under the laws of Canada or a province and the following conditions are met:
(a) the corporation was acting, or is a successor to a person that was acting, as a telecommunications common carrier in Canada on July 22, 1987, whether or not the telecommunications operations of the corporation or the person it succeeded were regulated under any Act of Parliament on that day;
(b) the telecommunications operations on July 22, 1987 of the corporation or the person it succeeded have been continued substantially without interruption since that day by that person, if any, and the corporation;
(c) the corporation and the person it succeeded, if any, satisfied the prescribed criteria respecting continuous ownership and control by Canadians since July 22, 1987; and
(d) the corporation and the person it succeeded, if any, have operated as a telecommunications common carrier only in the territory in which the corporation or that person operated as such on July 22, 1987, or in such greater territory and in such manner as is specified by the Minister.
Canadian ownership and control
(3) For the purposes of subsection (1), a corporation is Canadian-owned and controlled if
(a) not less than eighty per cent of the members of the board of directors of the corporation are individual Canadians;
(b) Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than eighty per cent of the corporation's voting shares issued and outstanding; and
(c) the corporation is not otherwise controlled by persons that are not Canadians.
Prohibition
(4) No Canadian carrier shall operate as a telecommunications common carrier unless it is eligible under this section to operate as such.

International Submarine Cable Licences

Licence required
17. No person shall construct or operate an international submarine cable or construct or operate any works or facilities for the purpose of operating an international submarine cable except in accordance with an international submarine cable licence that has been issued to the person and that the person remains eligible under the regulations to hold.

Application
18. An application for the issuance, renewal or amendment of an international submarine cable licence must be made in the prescribed form and manner and be accompanied by the prescribed information and the prescribed fee or a fee calculated in the prescribed manner.

Issuance of licences
19. (1) The Minister may, on application, issue an international submarine cable licence to a corporation that is eligible under the regulations to hold the licence.
Conditions
(2) An international submarine cable licence may contain such conditions as the Minister considers are consistent with the Canadian telecommunications policy objectives.
Term
(3) The term of an international submarine cable licence may not exceed ten years on issuance of the licence or on renewal.
Amendment, renewal and transfer
(4) An international submarine cable licence may be amended or renewed on application by the licensee, but a licence is not transferable except with the consent of the Minister.

Suspension and revocation of licences
20. (1) The Minister may suspend or revoke an international submarine cable licence whenever the Minister believes on reasonable grounds that the licensee has ceased to be eligible under the regulations or has contravened this Act, the regulations or any condition of the licence but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Minister.
Idem
(2) The Minister may suspend or revoke an international submarine cable licence on application made by or with the consent of the licensee.

Documentary Evidence

Supporting affidavit
21. The Minister may require the furnishing of an affidavit or a solemn declaration attesting to the authenticity of any document provided under this Part or the regulations, or to the truth of any fact stated in any such document or in any application submitted under this Part.

Regulations

Regulations
22. (1) The Governor in Council may, in relation to Canadian carriers' eligibility under section 16 to operate as telecommunications common carriers, make regulations
(a) respecting information that is to be provided, the persons by whom and to whom it is to be provided, the manner in which and the time within which it is to be provided and the consequences of failing to provide it;
(b) respecting the circumstances and the manner in which a Canadian carrier, in order to maintain its eligibility, may control the acquisition and ownership of its voting shares, restrict, suspend or refuse to recognize ownership rights in respect of those shares and require holders of those shares to dispose of them;
(c) authorizing the board of directors of a Canadian carrier to pay a dividend or to make any other distribution with respect to voting shares that would otherwise be prohibited because the shares were held in contravention of section 16 or any regulations made under this subsection where, in the board's opinion, the contravention was inadvertent or of a technical nature or it would be otherwise inequitable not to pay the dividend or make the distribution;
(d) respecting the circumstances and the manner in which a Canadian carrier may restrict voting rights attached to shares, or suspend or void the exercise of those rights, in order to maintain its eligibility;
(e) respecting the circumstances and the manner in which a Canadian carrier may
(i) sell, redeem or purchase shares held contrary to section 16 or any regulations made under this subsection, and
(ii) deal with the proceeds of sale and reimburse any purchasers of the shares in good faith;
(f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers, employees and agents to rely on any required disclosure and the effects of their reliance;
(g) respecting the verification by the Commission of a Canadian carrier's eligibility, the measures the Commission may take to maintain the carrier's eligibility, including exercising the powers of the carrier's board of directors and countermanding its decisions, and the circumstances and manner in which the Commission may take those measures;
(h) respecting the circumstances and manner in which the Commission and its members, officers, employees or agents or a Canadian carrier and its directors, officers, employees and agents may be protected from liability for actions taken by them in order to maintain the carrier's eligibility;
(i) defining the words "successor" and "Canadian" for the purposes of section 16; and
(j) prescribing anything that is to be prescribed and generally for carrying out the purposes and provisions of section 16 and this subsection.
Idem
(2) The Governor in Council may, in relation to international submarine cable licences, make regulations
(a) prescribing the procedure governing applications for licences, including the form of applications, the information to accompany them and the manner of filing, processing and disposing of them;
(b) respecting the form of licences and the information they must include and requiring licensees to publish or otherwise make them available for public inspection;
(c) prescribing classes of international submarine cable licences and determining the corporations eligible to hold licences of any particular class;
(d) prescribing fees, or the manner of calculating fees, in respect of licences and prescribing the manner in which the fees are to be paid; and
(e) generally for carrying out the purposes and provisions of sections 17 to 20.
Liability for fees
(3) Fees required to be paid under this Part constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.
Publication of proposed regulations
(4) Any regulations proposed to be made under this section shall be published in the Canada Gazette at least sixty days before their proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed regulations.
Idem
(5) Proposed regulations that are modified after publication need not be published again under subsection (4).

PART III

RATES, FACILITIES AND SERVICES Provision of Services

Meaning of "telecommunications service"
23. For the purposes of this Part and Part IV, "telecommunications service" has the same meaning as in section 2 and includes any service that is incidental to the business of providing telecommunications services.

Conditions of service
24. The offering and provision of any telecommunications service by a Canadian carrier are subject to any conditions imposed by the Commission or included in a tariff approved by the Commission.

Telecommunications rates to be approved
25. (1) No Canadian carrier shall provide a telecommunications service except in accordance with a tariff filed with and approved by the Commission that specifies the rate or the maximum or minimum rate, or both, to be charged for the service.
Filing of joint tariffs
(2) A joint tariff agreed on by two or more Canadian carriers may be filed by any of the carriers with an attestation of the agreement of the other carriers.
Form of tariffs
(3) A tariff shall be filed and published or otherwise made available for public inspection by a Canadian carrier in the form and manner specified by the Commission and shall include any information required by the Commission to be included.
Special circumstances
(4) Notwithstanding subsection (1), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate
(a) was charged because of an error or other circumstance that warrants the ratification; or
(b) was imposed in conformity with the laws of a province before the operations of the carrier were regulated under any Act of Parliament.

Effective date of tariff
26. Within forty-five business days after a tariff is filed by a Canadian carrier, the Commission shall
(a) approve the tariff, with or without amendments, or substitute or require the carrier to substitute another tariff for it;
(b) disallow the tariff; or
(c) make public written reasons why the Commission has not acted under paragraph (a) or (b) and specify the period of time within which the Commission intends to do so.

Just and reasonable rates
27. (1) Every rate charged by a Canadian carrier for a telecommunications service shall be just and reasonable.
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.
Questions of fact
(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with section 25, this section or section 29, or with any decision made under section 24, 25, 29, 34 or 40.
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.
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.
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.

Transmission of broadcasts
28. (1) The Commission shall have regard to the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act in determining whether any discrimination is unjust or any preference or disadvantage is undue or unreasonable in relation to any transmission of programs, as defined in subsection 2(1) of that Act, that is primarily direct to the public and made
(a) by satellite; or
(b) through the terrestrial distribution facilities of a Canadian carrier, whether alone or in conjunction with facilities owned by a broadcasting undertaking.
Satellite transmission of broadcasts
(2) Where a person who carries on a broadcasting undertaking does not agree with a Canadian carrier with respect to the allocation of satellite capacity for the transmission by the carrier of programs, as defined in subsection 2(1) of the Broadcasting Act, the Commission may allocate satellite capacity to particular broadcasting undertakings if it is satisfied that the allocation will further the implementation of the broadcasting policy for Canada set out in subsection 3(1) of that Act.
Idem
(3) Before the Commission exercises its power under subsection (2), it shall take into account the carrier's role as a telecommunications common carrier and any operational constraints identified by the carrier.

Approval of working agreements
29. No Canadian carrier shall, without the prior approval of the Commission, give effect to any agreement or arrangement, whether oral or written, with another telecommunications common carrier respecting
(a) the interchange of telecommunications by means of their telecommunications facilities;
(b) the management or operation of either or both of their facilities or any other facilities with which either or both are connected; or
(c) the apportionment of rates or revenues between the carriers.

Recovery of charges
30. In default of payment, a rate charged by a Canadian carrier in accordance with this Act for a telecommunications service constitutes a debt due to the carrier and may be recovered in a court of competent jurisdiction.

Limitations on liability
31. No limitation of a Canadian carrier's liability in respect of a telecommunications service is effective unless it has been authorized or prescribed by the Commission.

General powers
32. The Commission may, for the purposes of this Part,
(a) approve the establishment of classes of telecommunications services and permit different rates to be charged for different classes of service;
(b) determine standards in respect of the technical aspects of telecommunications applicable to telecommunications facilities operated by or connected to those of a Canadian carrier;
(c) amend any tariff filed under section 25 or any agreement or arrangement submitted for approval under section 29;
(d) suspend or disallow any portion of a tariff, agreement or arrangement that is in its opinion inconsistent with this Part;
(e) substitute or require the Canadian carrier to substitute other provisions for those disallowed;
(f) require the Canadian carrier to file another tariff, agreement or arrangement, or another portion of it, in substitution for a suspended or disallowed tariff, agreement, arrangement or portion; and
(g) in the absence of any applicable provision in this Part, determine any matter and make any order relating to the rates, tariffs or telecommunications services of Canadian carriers.

Integral activities of affiliates
33. Where a Canadian carrier provides a basic telecommunications service and, in the opinion of the Commission,
(a) an activity of an affiliate of the carrier is integral to the provision of the service by the carrier, and
(b) the Commission's other powers under this Act are not sufficient for the purpose of ensuring that the rates charged by the carrier for telecommunications services are just and reasonable, the Commission may, for that purpose, treat some or all of the earnings of the affiliate from the activity as if they were earnings of the carrier.

Forbearance

Forbearance by Commission
34. (1) The Commission may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to a telecommunications service or class of services provided by a Canadian carrier, where the Commission finds as a question of fact that to refrain would be consistent with the Canadian telecommunications policy objectives.
Idem
(2) Where the Commission finds as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is or will be subject to competition sufficient to protect the interests of users, the Commission shall make a determination to refrain, to the extent that it considers appropriate, conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to the service or class of services.
Exception
(3) The Commission shall not make a determination to refrain under this section in relation to a telecommunications service or class of services if the Commission finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuance of a competitive market for that service or class of services.
Effect of forbearance
(4) The Commission shall declare that sections 24, 25, 27, 29 and 31 do not apply to a Canadian carrier to the extent that those sections are inconsistent with a determination of the Commission under this section.

Order to Provide Services

Order to provide services
35. (1) Where the Commission determines as a question of fact that a telecommunications service or class of services provided by an affiliate of a Canadian carrier is not subject to a degree of competition that is sufficient to ensure just and reasonable rates and prevent unjust discrimination and undue or unreasonable preference or disadvantage, the Commission may require the Canadian carrier to provide the service or class of services in any manner, to any extent and subject to any conditions determined by the Commission, if it is satisfied that it would be an effective and practical means of achieving the purposes of section 27 with respect to the service or class.
Order to discontinue service
(2) Where the Commission determines as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is subject to a degree of competition that is sufficient to ensure just and reasonable rates and prevent unjust discrimination and undue or unreasonable preference or disadvantage, the Commission may require the Canadian carrier to discontinue the service or class of services in the manner, to the extent and subject to the conditions determined by the Commission, if it is satisfied that it would be an effective and practical means of achieving the purposes of section 27 with respect to the service or class.
Meaning of "affiliate"
(3) In subsection (1), "affiliate", in relation to a Canadian carrier, means a person who controls the carrier, or who is controlled by the carrier or by any person who controls the carrier.

Content of Messages

Content of messages
36. Except where the Commission approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.

Provision of Information

Information requirements
37. (1) The Commission may require a Canadian carrier
(a) to adopt any method of identifying the costs of providing telecommunications services and to adopt any accounting method or system of accounts for the purposes of the administration of this Act; or
(b) to submit to the Commission, in periodic reports or in such other form and manner as the Commission specifies, any information that the Commission considers necessary for the administration of this Act or any special Act.
Exception
(2) Where the Commission believes that a person other than a Canadian carrier is in possession of information that the Commission considers necessary for the administration of this Act or any special Act, the Commission may require that person to submit the information to the Commission in periodic reports or in such other form and manner as the Commission specifies, unless the information is a confidence of the executive council of a province.
Transmittal
(3) The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission.

Access to information
38. Subject to section 39, the Commission shall make available for public inspection any information submitted to the Commission in the course of proceedings before it.

Designation of information
39. (1) For the purposes of this section, a person who submits any of the following information to the Commission may designate it as confidential:
(a) information that is a trade secret;
(b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
(c) information the disclosure of which could reasonably be expected
(i) to result in material financial loss or gain to any person,
(ii) to prejudice the competitive position of any person, or
(iii) to affect contractual or other negotiations of any person.
Information not to be disclosed
(2) Subject to subsections (4), (5) and (6), where a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any person who may benefit from the information or use the information to the detriment of any person to whose business or affairs the information relates.
Persons who must not disclose information
(3) Subsection (2) applies to
(a) any member of, or person employed by, the Commission, and
(b) in respect of information provided under subsection 37(3), the Minister, the Chief Statistician of Canada and any person employed in the public service of Canada
who comes into possession of designated information while holding that office or being so employed, whether or not the person has ceased to hold that office or be so employed.
Disclosure of information submitted in proceedings
(4) Where designated information is submitted in the course of proceedings before the Commission, the Commission may disclose or require its disclosure where it determines, after considering any representations from interested persons, that the disclosure is in the public interest.
Disclosure of other information
(5) Where designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may disclose or require its disclosure if, after considering any representations from interested persons, it considers the information to be relevant to the determination of a matter before it and determines that the disclosure is in the public interest.
Information inadmissible
(6) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or any special Act or for forgery, perjury or false declaration in relation to the submission of the information.

Connection of Facilities

Order for connection
40. (1) The Commission may order a Canadian carrier to connect any of the carrier's telecommunications facilities to any other telecommunications facilities.
Conditions of order
(2) An order may require the connection to be made at or within such time, and subject to such conditions, if any, as to compensation or otherwise, as the Commission determines to be just and expedient.

Unsolicited Telecommunications

Prohibition or regulation by Commission
41. The Commission may, by order, prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications to the extent that the Commission considers it necessary to prevent undue inconvenience or nuisance, giving due regard to freedom of expression.

Construction and Expropriation Powers

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.
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.

Definition
43. (1) In this section and section 44, "distribution undertaking" has the same meaning as in subsection 2(1) of the Broadcasting Act.
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.
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.
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.
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.

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.

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.

Expropriation by carrier
46. (1) Where, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land or an interest 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.
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 in, the land.
Interpretation
(3) For the purposes of the Expropriation Act, where the appropriate Minister advised under subsection (1) is of the opinion that the land or interest in land is required for the purpose of providing telecommunications services to the public,
(a) the land or interest 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 18, 22 and 30 of that Act in respect of the land or interest in land.
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 interest 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.

PART IV

ADMINISTRATION

Exercise of Powers

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.

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

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.

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.

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 or any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act or any special Act.

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.
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.
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.

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.

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.

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.

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.
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.

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

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.

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.
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

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.

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

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.

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

Appeals

Appeal to Federal Court of Appeal
64. (1) An appeal from a decision of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.
Application for leave
(2) Leave to appeal shall be applied for within thirty days after the date of the decision appealed from or within such further time as a judge of the Court grants in exceptional circumstances, and the costs of the application are in the discretion of the Court.
Notice
(3) Notice of an application for leave to appeal shall be served on the Commission and on each party to the proceedings appealed from.
Time limit for appeal
(4) An appeal shall be brought within sixty days after the day on which leave to appeal is granted.
Findings of fact
(5) On an appeal, the Court may draw any inference that is not inconsistent with the findings of fact made by the Commission and that is necessary for determining a question of law or jurisdiction.
Argument by Commission
(6) The Commission is entitled to be heard on an application for leave to appeal and at any stage of an appeal, but costs may not be awarded against it or any of its members.

Evidence

Judicial notice
65. A decision of the Commission or a tariff approved by the Commission that is published in the Canada Gazette by or with leave of the Commission shall be judicially noticed.

Business documents
66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents.
Ministerial or Commission documents
(2) A document appearing to be signed by the Minister, the Chairman of the Commission or the secretary to the Commission is evidence of the official character of the person appearing to have signed it and, in the case of the Chairman or secretary, of its issuance by the Commission, and if the document appears to be a copy of a decision or report, it is evidence of its contents.
Copies
(3) A copy of a document submitted to the Commission and appearing to be certified as a true copy by the secretary to the Commission is, without proof of the secretary's signature, evidence of the original, of its submission to the Commission, of the date of its submission and of the signature of any person appearing to have signed it.
Certificate
(4) A certificate appearing to be signed by the secretary to the Commission and bearing the Commission's seal is evidence of its contents without proof of the signature.

Regulations

Regulations
67. (1) The Commission may make regulations
(a) prescribing standards governing the height of transmission lines of Canadian carriers, not inconsistent with standards prescribed under any other Act of Parliament;
(b) establishing rules respecting its practice and procedure;
(c) establishing the criteria for the awarding of costs; and
(d) generally for carrying out the purposes and provisions of this Act or any special Act.
Application
(2) Regulations made by the Commission may be of general application or applicable in respect of a particular case or class of cases.
Incorporation by reference
(3) Regulations made by the Commission incorporating any standard or enactment by reference may incorporate it as amended from time to time.

Regulations prescribing fees
68. (1) The Commission may, with the approval of the Treasury Board, make regulations prescribing fees, and respecting their calculation and payment, for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under this Act or any special Act.

Debt due to Her Majesty

(2) Fees required to be paid under this section constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.

Pre-publication of regulations
69. (1) Any regulations proposed to be made under section 67 or 68 shall be published in the Canada Gazette at least sixty days before their proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Commission with respect to the proposed regulations.
Idem
(2) Proposed regulations that are modified after publication need not be published again under subsection (1).

PART V

INVESTIGATION AND ENFORCEMENT

Inquiries

Appointment by Commission
70. (1) The Commission may appoint any person to inquire into and report to the Commission on any matter
(a) pending before the Commission or within the Commission's jurisdiction under this Act or any special Act; or
(b) on which the Commission is required to report under section 14.
Appointment by Minister
(2) The Minister may, with the approval of the Governor in Council, appoint any person to inquire into and report to the Minister on any matter in respect of which this Act or any special Act applies, and a copy of the report shall be sent to the Commission.
Powers
(3) For the purposes of an inquiry, a person appointed under this section has all the powers of a Commissioner under Part I of the Inquiries Act and of an inspector under subsection 71(4).
Disclosure
(4) The rules in section 39 respecting the designation and disclosure of information apply in respect of any information submitted to a person, or obtained in proceedings before a person, appointed under this section as if that person were a member of the Commission exercising the powers of the Commission.
In camera hearings
(5) The rules in section 54 respecting in camera hearings apply in hearings held before a person appointed under this section.

Inspection

Designation of inspectors
71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance with the provisions of this Act or any special Act for which the Commission is responsible and with the decisions of the Commission under this Act.
Idem
(2) The Minister may designate any qualified person as an inspector for the purpose of verifying compliance with the provisions of this Act for which the Minister is responsible.
Certificate
(3) An inspector shall be provided with a certificate of designation, which certificate the inspector shall present at the request of any person appearing to be in charge of any place entered by the inspector.
Powers of inspectors
(4) An inspector may, for the purposes for which the inspector was designated an inspector,
(a) subject to subsection (5), enter and inspect, at any reasonable time, any place owned by or under the control of any Canadian carrier in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of this Act or any special Act, and examine the document, information or thing or remove it for examination or reproduction;
(b) make use of or cause to be made use of any data processing system at the place to examine any data contained in or available to the system;
(c) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and
(d) make use of any copying equipment or means of communication located at the place.
Warrant required to enter dwelling-place
(5) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (6).
Authority to issue warrant
(6) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath
(a) that a dwelling-place is a place described in paragraph (4)(a),
(b) that entry to the dwelling-place is necessary for the enforcement of this Act or any special Act, and
(c) that entry has been refused, there are reasonable grounds for believing that entry will be refused, or consent to entry cannot be obtained from the occupant,
the justice may issue a warrant authorizing an inspector named in the warrant to enter the dwelling-place, subject to any conditions specified in the warrant.
Use of force
(7) An inspector executing a warrant issued under subsection (6) shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Civil Liability

Damages
72. (1) Subject to any limitation of liability imposed in accordance with this or any other Act, a person who has sustained loss or damage as a result of any act or omission that is contrary to this Act or any special Act or a decision or regulation made under either of them may, in a court of competent jurisdiction, sue for and recover an amount equal to the loss or damage from any person who engaged in, directed, authorized, consented to or participated in the act or omission.
Limitation
(2) An action may not be brought in respect of any loss or damage referred to in subsection (1) more than two years after the day on which the act or omission occurred.
Exception
(3) Nothing in subsection (1) or (2) applies to any action for breach of a contract to provide telecommunications services or any action for damages in relation to a rate charged by a Canadian carrier.

Offences

Offences
73. (1) Every person who contravenes section 16 or 17 is guilty of an offence punishable on summary conviction and liable
(a) in the case of an individual, to a fine not exceeding fifty thousand dollars for a first offence, or one hundred thousand dollars for a subsequent offence; or
(b) in the case of a corporation, to a fine not exceeding five hundred thousand dollars for a first offence, or one million dollars for a subsequent offence.
Idem
(2) Every person who
(a) contravenes section 25 or subsection 27(1) or (2),
(b) contravenes any condition referred to in section 9 or 24 or subsection 34(1) or (2),
(c) contravenes any prohibition or requirement of the Commission under section 41, or
(d) knowingly makes a material misrepresentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under section 71
is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding ten thousand dollars for a first offence or twenty-five thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding one hundred thousand dollars for a first offence or two hundred and fifty thousand dollars for a subsequent offence.
Idem
(3) Every person who
(a) contravenes any other provision of this Act or any special Act or any regulation or decision made under this Act, or
(b) fails to do anything required or does anything prohibited under a provision, regulation or decision referred to in paragraph (a)
is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding five thousand dollars for a first offence or ten thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding fifty thousand dollars for a first offence or one hundred thousand dollars for a subsequent offence.
Consent of Minister required
(4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, section 17 or any regulations under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.
Consent of Commission required
(5) A prosecution may not be commenced in respect of any other offence without the consent of the Commission.
Time limit
(6) A prosecution may not be commenced under this Act later than two years after the occurrence of the act or omission that is the subject-matter of the proceedings.

Continuing offence
74. Where an offence under section 73 is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

PART VI

TRANSITIONAL PROVISIONS

Directive for transitional period
75. (1) The Governor in Council may, after consultation with the Commission, issue to the Commission directives respecting the regulation, during any period ending five years after this section comes into force, of a Canadian carrier whose telecommunications operations were not, immediately before this section comes into force, being regulated pursuant to any Act of Parliament, but not more than one such directive may be issued in respect of any one Canadian carrier.
Implementation by Commission
(2) The Commission shall carry out the directives, subject to and in accordance with the provisions of this Act.
Tabling in Parliament
(3) The Minister shall have a copy of each directive laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued.

Deemed approval
76. (1) An agreement or arrangement referred to in section 29 or a limitation of liability referred to in section 31 that was entered into or imposed, respectively, by a Canadian carrier in conformity with provincial law while the carrier's operations were not being regulated under an Act of Parliament, and that is in effect on the coming into force of this section, shall be deemed to have been approved pursuant to section 29 or 31.
Deemed permission
(2) A transmission line that was constructed by a Canadian carrier on, over, under or along a highway or other public place while the carrier's operations were not being regulated under an Act of Parliament shall be deemed to have been constructed with the consent referred to in subsection 43(3).

PART VII

RELATED AMENDMENTS, REPEALS, APPLICATION OF CERTAIN PROVISIONS AND COMING INTO FORCE

Related Amendments

R.S., c.A-1
Access to Information Act
77. Schedule II to the Access to Information Act is amended by adding thereto, in alphabetical order, a reference to
Telecommunications Act - Loi sur les télécommunications
and a corresponding reference to subsections 39(2) and 70(4).

1987, c.19
Bell Canada Act
78. Section 4 of the Bell Canada Act is repealed.
79. Sections 8 and 9 of the said Act are repealed.
80. Sections 12 and 13 of the said Act are repealed and the following substituted therefor:
Approval
12. Unconditional approval shall be deemed to be given under subsection 11(2) thirty days after written notification of a proposed transaction to the Commission, without prejudice to the exercise of the Commission's powers under the Telecommunications Act.

1991, c. 11
Broadcasting Act
81. Subsection 2(2) of the Broadcasting Act is repealed and the following substituted therefor:
Meaning of "other means of telecommunication"
(2) For the purposes of this Act, "other means of telecommunication" means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system.
82. Subsection 4(4) of the said Act is repealed and the following substituted therefor:
Idem
(4) For greater certainty, this Act does not apply to any telecommunications common carrier, as defined in the Telecommunications Act, when acting solely in that capacity.

R.S., c. C-22
Canadian Radio-television and Telecommunications Commission Act
83. The definition "telecommunication" in section 2 of the Canadian Radio-television and Telecommunications Commission Act is repealed.
84. Section 8 of the said Act is repealed and the following substituted therefor:
Appointment
8. The officers and employees necessary for the proper conduct of the Commission's business shall be appointed in accordance with the Public Service Employment Act.

1991, c.11, s.80
85. Subsection 12(2) of the said Act is repealed and the following substituted therefor:
Telecommunications
(2) The full-time members of the Commission and the Chairman shall exercise the powers and perform the duties vested in the Commission and the Chairman, respectively, by the Telecommunications Act or by any special Act within the meaning of that Act.

R.S., c.E-15
Excise Tax Act
R.S., c.12 (4th Supp.), s.1(3)
86. The definition "telecommunication" in subsection 2(1) of the Excise Tax Act is repealed.

R.S., c. I-21
Interpretation Act
87. The definition "telecommunication" in subsection 35(1) of the Interpretation Act is repealed and the following substituted therefor:
"telecommunications"
« télécommunication »
means the emission, transmission or reception of signs, signals, writing, images, sounds or intelligence of any nature by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system;

R.S., c. L-2
Canada Labour Code
88. The Canada Labour Code is amended by adding thereto, immediately after section 5 thereof, the following section:
Canadian carriers
5.1 This Part applies in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province and in respect of the employees of the carrier.
89. Subsection 123(1) of the said Act is amended by striking out the word "and" at the end of paragraph (a) thereof, by adding the word "and" at the end of paragraph (b) thereof and by adding thereto the following paragraph:
(c) by a Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.
90. Subsection 167(1) of the said Act is amended by striking out the word "and" at the end of paragraph (c) thereof, by adding the word "and" at the end of paragraph (d) thereof and by adding thereto the following paragraph:
(e) to or in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.

R.S., c.R-2; 1989, c.17, s.2
Radiocommunication Act
91. The definition "telecommunication" in section 2 of the Radiocommunication Act is repealed.
92. Section 5 of the said Act is amended by adding thereto, immediately after subsection (1) thereof, the following subsection:
Canadian telecommunications policy
(1.1) In exercising the powers conferred by subsection (1), the Minister may have regard to the objectives of the Canadian telecommunications policy set out in section 7 of the Telecommunications Act.

R.S., c.R-3
Railway Act
R.S., c.28 (3rd Supp.), s.312
93. (1) The definitions "Commission", "express toll", "telegraph toll" or "toll" and "telephone toll" or "toll" in subsection 2(1) of the Railway Act are repealed.
(2) The definition "Minister" in subsection 2(1) of the said Act is repealed and the following substituted therefor:
"Minister"
« ministre »
means the Minister of Transport;
(3) Subsection 2(1) of the said Act is further amended by adding thereto, in alphabetical order, the following definition:
"Agency"
« Office »
means the National Transportation Agency established by the National Transportation Act, 1987;
94. Subsection 9(1) of the said Act is repealed and the following substituted therefor:
Tolls on international bridges
9. (1) Notwithstanding anything in any Special Act passed before June 14, 1929, the Agency has jurisdiction and control over tolls to be charged in respect of the use for pedestrian, vehicular, tramway, street railway, railway or other like traffic on, over, across or through any international bridge owned or operated by any company.

R.S., c.28 (3rd Supp.), s.326
95. Sections 274.1 and 275 of the said Act are repealed.

R.S., c.28 (3rd Supp.), s.328
96. The heading preceding section 277.1 and sections 277.1 and 278 of the said Act are repealed and the following substituted therefor:
Passenger Tariffs

R.S., c.28 (3rd Supp.), s.330
97. Section 279.1 of the said Act is repealed.
98. Section 280 of the said Act is renumbered as subsection 280(1) and is further amended by adding thereto the following subsection:
Application
(2) This section applies only in respect of passenger tariffs.

R.S., c.28 (3rd Supp.), s.332
99. Sections 281.1 to 283 of the said Act are repealed.
100. The heading preceding section 289 of the said Act is repealed.

R.S., c.28 (3rd Supp.), s.334
101. The heading preceding section 292.1 and sections 292.1 to 299 of the said Act are repealed.
102. Section 321 of the said Act is repealed and the following substituted therefor:
Arrangements with other companies
321. The railway company may, as incidental to and for the purposes of its railway, construct and operate telegraph and telephone lines on its railway, enter into contracts with any company having powers to construct or operate telegraph or telephone lines, and connect its own lines with the lines of, or lease its own lines to, any such company.
103. Sections 323 to 325 of the said Act are repealed and the following substituted therefor:
Telegraphs and telephones
323. Where it is provided in any Special Act enacted after July 7, 1919 that a railway company has power to transmit telegraph and telephone messages for the public and collect tolls therefor, the company may, subject to the Telecommunications Act,
(a) construct and operate telegraph and telephone lines on its railway, establish offices for and undertake the transmission of messages for the public, and collect tolls therefor; and
(b) for the purpose of operating the lines or exchanging or transmitting messages, enter into contracts with any company having powers to construct or operate telegraph or telephone lines and connect its own lines with the lines of, or lease its own lines to, any such company.
Control of municipality
324. Nothing in section 322 or 323 authorizes a railway company to construct or operate any line along any highway or public place without first obtaining the consent, expressed by by-law, of the municipality having jurisdiction over the highway or public place, or without complying with any conditions provided for in the by-law, or authorizes the company to sell, dispose of or distribute power or energy within or for use within the limits of any municipality without the consent, expressed by by-law, of the municipality.
104. The said Act is further amended by adding thereto, immediately before section 327 thereof, the following section:
Non-application
326.1 Sections 327 to 332 apply only in respect of the railway operations of a company.

R.S., c.37 (2nd Supp.), s.1; 1991, c.11, ss.86,87, c.24, s.51 (Sch. III, item 13), c.37, s.2
105. The heading preceding section 334 and sections 334 to 343 of the said Act are repealed.

R.S., c.32 (4th Supp.), s.102(1)
106. All that portion of subsection 355(1) of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Annual return of accidents
355. (1) Every express company and every carrier by water shall annually, or more frequently if the Agency so requires, make to the Agency, under the oath of the president, secretary or superintendent of the company or carrier, or of such other person as the Agency may direct, a true and particular return of all accidents and casualties, whether to persons or to animals or other property, that have occurred on the property or in connection with the operation of the undertaking of the company or carrier, setting out

R.S., c.32 (4th Supp.), s.103
107. All that portion of section 356 of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Copies of by-laws, etc.
356. Every railway and express company and every carrier by water shall, when required by the Agency, return a true copy of
108. All that portion of subsection 358(1) of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Agency may require returns
358. (1) The Agency may, by notice served on any railway or express company or any officer, servant or agent of the company, require it, the officer, servant or agent to furnish the Agency, at or within any time stated in the notice, with a written statement or statements showing in so far, and with such detail and particulars, as the Agency requires

R.S., c.28 (3rd Supp.), s.348
109. Sections 399.1 and 400 of the said Act are repealed.

R.S., c.28 (3rd Supp.), s.349
110. Sections 403.1 to 407 of the said Act are repealed and the following substituted therefor:
Prosecution by leave
404. No prosecution shall be commenced under any of sections 401 to 403 without leave of the Agency.
111. All that portion of subsection 413(1) of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Failure to furnish returns to Agency
413. (1) Every railway or express company that fails or neglects to prepare and furnish to the Agency within such time and in such manner and form, and in accordance with such classifications, and with such particulars and verification, as by or under this Act are required or intended,
112. All that portion of section 414 of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Returns to Chief Statistician
414. Any railway or express company that fails or neglects to deliver to the Chief Statistician of Canada within the time provided in this Act or when required by the Agency, and in the form ordered and directed by the Agency or specified in this Act,
113. All that portion of subsection 415(1) of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Returns required by Agency
415. (1) If the Agency at any time, by notice served on any railway or express company or any officer, servant or agent of the company, requires the company or the officer, servant or agent to furnish the Agency, at or within any time stated in the notice, with a written statement or statements showing, in so far as and with such detail and particulars as the Agency requires,
114. The said Act is further amended by substituting the word "Agency" for the word "Commission", except where the context otherwise requires, wherever the latter word appears therein, including in the following provisions:
(a) the definitions "company", "Secretary", "whistle" and "working expenditure" in subsection 2(1);
(b) sections 9, 10, 12, 14, 15, 94, 98, 111 to 117, 119 to 123, 126 to 132, 139, 142 to 147, 158, 167, 196 to 214.1, 216 and 217;
(c) the heading preceding section 220;
(d) sections 220, 224 to 230, 233, 236, 264 to 270, 276, 279, 280, 289 to 292, 300, 301, 311, 313, 322, 326, 327 to 331, 333, 344 to 350, 355, 358 and 359;
(e) the heading immediately preceding section 368; and
(f) sections 368, 372, 379, 381, 403, 413 to 417, 420 to 422, 424 and 433.

R.S., c.T-4
Teleglobe Canada Act
115. The definition "telecommunication" in section 2 of the Teleglobe Canada Act is repealed.

1987, c. 12
Teleglobe Canada Reorganization and Divestiture Act
116. The definition "telecommunication" in subsection 2(1) of the Teleglobe Canada Reorganization and Divestiture Act is repealed.

1991, c. 11, s. 88
117. Sections 14 to 16 of the said Act are repealed.
118. Section 17 of the said Act is repealed and the following substituted therefor:
Working agreements
17. Notwithstanding the Telecommunications Act, an agreement or arrangement between the new corporation and any foreign telecommunications carrier or foreign communications administration respecting international telecommunications facilities, operations or services is not subject to the approval of Commission and comes into force in accordance with its terms, but shall be filed with the Commission if the Commission so requires.
119. Section 24 of the said Act is amended by striking out the word "and" at the end of paragraph (a) thereof and by adding thereto, immediately after that paragraph, the following paragraph:
(a.1) add to Schedule I the name of any telecommunications common carrier that carries on, in whole or in part, the same business as a carrier whose name appears in that Schedule; and

R.S., c.T-6
Telesat Canada Act
120. The definition "telecommunication" in section 2 of the Telesat Canada Act is repealed.
121. Section 36 of the said Act is repealed.

1991, c.52
Telesat Canada Reorganization and Divestiture Act
122. The definition "Commission" in subsection 2(1) of the Telesat Canada Reorganization and Divestiture Act is repealed.
123. Section 7 of the said Act is repealed.
124. Paragraph 8(1)(a) of the said Act is repealed and the following substituted therefor:
(a) make any articles or by-laws inconsistent with this Act;
125. The heading preceding section 11 and sections 11 to 14 of the said Act are repealed.

Amendments respecting British Columbia Telephone Company

1950-51, c.85, s.2
126. (1) Subsection 6(3) of chapter 66 of the Statutes of Canada, 1916 is repealed.
1950-51, c.85, s.2
(2) Subsection 6(5) of the said chapter 66 is repealed and the following substituted therefor:

Commissions on subscriptions
(5) The Company may pay a commission to any person in consideration of his subscribing or agreeing to subscribe, whether absolutely or conditionally, for any shares in the Company, or procuring or agreeing to procure subscriptions, whether absolute or conditional, for any shares in the Company.

1960, c.66, s.1
127. Section 9A of the said chapter 66 is repealed and the following substituted therefor:

Acquisition of shares
9A. The Company shall have power to purchase or otherwise acquire the shares, and become a shareholder, of any company having objects in whole or in part similar to the objects of the Company, but no agreement therefor shall take effect until it has been submitted to and approved by the Canadian Radio-television and Telecommunications Commission, and the Company may allot and issue to any shareholder of any such company, shares either ordinary or preference, or both, in the capital stock of the Company in whole or in part in payment of or in exchange for the shares of any such company, and to so allot and issue such shares as fully paid up or as partly paid up as may be agreed upon between the Company and the holders of such shares.

1940-41, c.36, s.5
128. All that portion of section 16 of the said chapter 66 following paragraph (j) thereof is repealed and the following substituted therefor:

Wireless services
(k) subject to the provisions of the Radiocommunication Act and of any other statute of Canada relating to radio and radio broadcasting and to the regulations made thereunder, the Company may operate wireless telephone and radio-telephone systems and provide service facilities for the transmission of sound, pictures, writing or signals.

129. The said chapter 66 is further amended by substituting a reference to the "Canadian Radio-television and Telecommunications Commission" for the references to the "Board of Railway Commissioners for Canada" wherever the latter appears in sections 8, 9 and 22.

Repeals

R.S., c.N-20; R.S., c.28 (3rd Supp.), s.301
National Telecommunications Powers and Procedures Act
Repeal of R.S., c.N-20
130. The National Telecommunications Powers and Procedures Act is repealed.

R.S., c.T-5
Telegraphs Act
Repeal of R.S., c.T-5
131. The Telegraphs Act is repealed.

Application of Certain Provisions

Agent of Her Majesty in right of Manitoba
132. Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Manitoba until December 31, 1993, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Manitoba.

Agent of Her Majesty in right of Saskatchewan
133. Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan until a day to be fixed for that purpose by the Governor in Council on the expiration of five years after that section comes into force, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Saskatchewan.

Coming into Force

Coming into force
134. This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.