GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Telecommunications Act — T-3.4 35
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.
Telecommunications Act — T-3.4 36
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.
Telecommunications Act — T-3.4 37
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. 1993, c. 38, s. 37; 1999, c. 31, s. 203(F)
Telecommunications Act — T-3.4 38
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.
Telecommunications Act — T-3.4 39
ion may disclose designated information obtained by it in the performance or exercise of its duties or powers related to section 41, in respect of conduct carried out by electronic means, in accordance with subsection 58 (1) or 60 (1) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act . 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. 1993, c. 38, s. 39; 2003, c. 22, s. 224(E); 2010, c. 23, s. 88; 2014, c. 39, s. 195
Telecommunications Act — T-3.4 40
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.
Telecommunications Act — T-3.4 41
Prohibition or regulation by Commission 41 (1) 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. Exception (2) Despite subsection (1), the Commission may not prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is (a) a commercial electronic message to which section 6 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies; or (b) a commercial electronic message referred to in subsection 6 (5) of that Act, except to the extent that it is one referred to in subsection 6 (8) of that Act. 1993, c. 38, s. 41; 2010, c. 23, s. 89
Telecommunications Act — T-3.4 41.1
Do not call list 41.1 Sections 41.2 to 41.7 create a legislative framework for a national do not call list. 2005, c. 50, s. 1
Telecommunications Act — T-3.4 41.2
Administration by Commission 41.2 The Commission may, for the purposes of section 41, (a) administer databases or information, administrative or operational systems; (b) determine any matter, and make any order, with respect to the databases or the information, administrative or operational systems; and (c) conduct investigations to determine whether there has been a contravention of any order made under that section. 2005, c. 50, s. 1; 2012, c. 19, s. 596
Telecommunications Act — T-3.4 41.21
Fees 41.21 (1) The Commission may make regulations prescribing fees, and respecting their calculation and payment, to be paid by any person who acquires information from the databases or the information, administrative or operational systems referred to in section 41.2 for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under that section and that are not recovered under any regulation made under section 68. 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. Prepublication of regulations (3) The Commission shall publish any regulations that it proposes to make under subsection (1) and shall give interested persons a reasonable opportunity to make representations to the Commission with respect to the proposed regulations. Modification after publication (4) Proposed regulations that are modified after publication need not be published again under subsection (3). 2012, c. 19, s. 597
Telecommunications Act — T-3.4 41.3
Delegation of powers 41.3 (1) The Commission may, in writing and on specified terms, delegate to any person, including any body created by the Commission for that purpose, any of its powers under section 41.2 and the power to collect fees that it prescribes under subsection 41.21(1). Decision of delegate (2) For the purposes of sections 62 and 63, a decision of a delegate is deemed to be a decision of the Commission. Decision of Commission (3) For greater certainty, a delegation of powers is a decision of the Commission. Revocation of delegation (4) The Commission may, in writing, revoke a delegation of powers. A revocation is deemed not to be a decision of the Commission. 2005, c. 50, s. 1; 2012, c. 19, s. 598
Telecommunications Act — T-3.4 41.4
Rates 41.4 (1) A delegate may charge rates for exercising delegated powers. (2) [Repealed, 2012, c. 19, s. 599] 2005, c. 50, s. 1; 2012, c. 19, s. 599
Telecommunications Act — T-3.4 41.41
Financial Administration Act does not apply 41.41 (1) Despite the Financial Administration Act , money collected by a delegate is deemed not to be public money. Exception — fees (2) However, any fees that are prescribed under subsection 41.21(1) and collected by the delegate are public money when they are paid to the Receiver General. 2012, c. 19, s. 600
Telecommunications Act — T-3.4 41.5
Regulation of rates and delegated powers 41.5 The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise, and the manner in which the delegate exercises any of the delegated powers. 2005, c. 50, s. 1
Telecommunications Act — T-3.4 41.6
Report to Minister 41.6 (1) The Commission shall, within six months after the end of each fiscal year, deliver a report to the Minister on the operation of the national do not call list in that fiscal year. Content of report (2) The report shall set out any costs or expenditures related to the list, the number of Canadians using the list, the number of telemarketers accessing the list, any incon­sistencies in the prohibitions or requirements of the Commission under section 41 that are applicable to the operation of the list, and an analysis of the effectiveness of the list. Tabling of report (3) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report. 2005, c. 50, s. 1
Telecommunications Act — T-3.4 41.7
 on whose behalf the telecommunication is made. Distinct do not call lists (4) Every person or organization that, by virtue of subsection (1), is exempt from the application of an order made by the Commission that imposes a prohibition or requirement under section 41 shall maintain their own do not call list and shall ensure that no telecommunication is made on their behalf to any person who has requested that they receive no telecommunication made on behalf of that person or organization. Exception (5) Subsections (3) and (4) do not apply in respect of a person making a telecommunication referred to in paragraph (1)(f). 2005, c. 50, s. 1
Telecommunications Act — T-3.4
candidate means a candidate as defined in subsection 2(1) of the Canada Elections Act or a candidate whose nomination has been confirmed, for the purposes of a provincial or municipal election, by a political party that is registered under provincial law. ( candidat )
Telecommunications Act — T-3.4 (a)
existing business relationship means a business relationship that has been formed by a voluntary two-way communication between the person making the telecommunication and the person to whom the telecommunication is made, arising from (a) the purchase of services or the purchase, lease or rental of products, within the eighteen-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made from the person or organization on whose behalf the telecommunication is made; (b) an inquiry or application, within the six-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made; or (c) any other written contract between the person to whom the telecommunication is made and the person or organization on whose behalf the telecommunication is made that is currently in existence or that expired within the eighteen-month period immediately preceding the date of the telecommunication. ( relation d’affaires en cours )
Telecommunications Act — T-3.4
leadership contestant means a leadership contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for the leadership of a political party that is registered under provincial law. ( candidat à la direction )
Telecommunications Act — T-3.4
nomination contestant means a nomination contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for nomination by a political party that is registered under provincial law as its candidate in a provincial or municipal election. ( candidat à l’investiture )
Telecommunications Act — T-3.4 42
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.
Telecommunications Act — T-3.4 43
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. 1993, c. 38, s. 43; 1999, c. 31, s. 204(F)
Telecommunications Act — T-3.4 44
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.
Telecommunications Act — T-3.4 45
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. 1993, c. 38, s. 45; 1999, c. 31, s. 205(F)
Telecommunications Act — T-3.4 46
Expropriation by carrier 46 (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right 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 or right in, the land. Interpretation (3) For the purposes of the Expropriation Act , if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public, (a) the land or the interest or right 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 25, 29 and 36 of that Act in respect of the land or the interest or right 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 any interest or right 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. 1993, c. 38, s. 46; 2004, c. 25, s. 177
Telecommunications Act — T-3.4 46.1
Administration by Commission 46.1 The Commission may, if it determines that to do so would facilitate the interoperation of Canadian telecommunications networks, (a) administer (i) databases or information, administrative or operational systems related to the functioning of telecommunications networks, or (ii) numbering resources used in the functioning of telecommunications networks, including the portion of the North American Numbering Plan resources that relates to Canadian telecommunications networks; and (b) determine any matter and make any order with respect to the databases, information, administrative or operational systems or numbering resources. 1998, c. 8, s. 6
Telecommunications Act — T-3.4 46.2
Delegation of powers 46.2 (1) The Commission may, in writing and on specified terms, delegate any of its powers under section 46.1 to any person, including any body created by the Commission for that purpose. Decision of delegate (2) For the purposes of sections 62 and 63, a decision of a delegate is deemed to be a decision of the Commission. Decision of Commission (3) For greater certainty, a delegation of powers is a decision of the Commission. Revocation of delegation (4) The Commission may, in writing, revoke a delegation of powers. A revocation is deemed not to be a decision of the Commission. 1998, c. 8, s. 6
Telecommunications Act — T-3.4 46.3
Rates 46.3 (1) Subject to subsection (2), a delegate may charge rates for exercising delegated powers. Regulation of rates (2) The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise. Financial Administration Act does not apply (3) Notwithstanding the Financial Administration Act , money collected by a delegate is deemed not to be public money. 1998, c. 8, s. 6
Telecommunications Act — T-3.4 46.4
Regulation of conditions and rates 46.4 The Commission may regulate (a) the manner in which any person provides services relating to any of the matters referred to in paragraph 46.1(a); and (b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the person. 1998, c. 8, s. 6
Telecommunications Act — T-3.4 46.5
Contribution to fund 46.5 (1) The Commission may require any telecommunications service provider to contribute, subject to any conditions that the Commission may set, to a fund to support continuing access by Canadians to basic telecommunications services. Designation of administrator (2) The Commission must designate a person to administer the fund. Regulation of administration and rates (3) The Commission may regulate (a) the manner in which the administrator administers the fund; and (b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the administrator for administering the fund. 1998, c. 8, s. 6
Telecommunications Act — T-3.4 46.6
Non-application of sections 12 and 62 46.6 Sections 12 and 62 do not apply in respect of a decision of the Commission, made on or after the day on which this section comes into force, on whether or not to allocate funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas. 2021, c. 23, s. 202
Telecommunications Act — T-3.4 46.7
Review of funding decisions 46.7 The Commission may, on its own motion, review and rescind or vary a decision made by it on whether or not to allocate funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas or re-hear a matter before rendering such a decision. 2021, c. 23, s. 202
Telecommunications Act — T-3.4 46.8
Request from federal minister or agency 46.8 (1) The Commission shall, on request, provide a federal minister, other than the Minister, or an agency of the Government of Canada with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas. Restriction (2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support. Use (3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas. Confidentiality and disclosure (4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) (a) to the Minister; (b) to any minister or agency that is entitled to make a request under this section; and (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9. Use, confidentiality and disclosure (5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4). 2021, c. 23, s. 202