GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Telecommunications Act — T-3.4 15
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 Modification after publication (4) A proposed order that is modified after publication need not be published again under subsection (3).
Telecommunications Act — T-3.4 16
 revenues from the provision of telecommunications services in Canada under this section, the annual revenues of a Canadian carrier include the annual revenues from the provision of telecommunications services in Canada of its affiliates as defined in subsection 35(3). 1993, c. 38, s. 16; 1998, c. 8, s. 2; 2010, c. 12, s. 2184; 2012, c. 19, s. 595
Telecommunications Act — T-3.4
entity means a corporation, partnership, trust or joint venture. ( entité )
Telecommunications Act — T-3.4
joint venture means an association of two or more entities, if the relationship among those associated entities does not, under the laws in Canada, constitute a corporation, a partnership or a trust and if all the undivided ownership interests in the assets of the Canadian carrier or in the voting interests of the Canadian carrier are or will be owned by all the entities that are so associated. ( coentreprise )
Telecommunications Act — T-3.4 (a)
voting interest , with respect to (a) a corporation with share capital, means a voting share; (b) a corporation without share capital, means an ownership interest in the assets of the corporation that entitles the owner to rights similar to those enjoyed by the owner of a voting share; and (c) a partnership, trust or joint venture, means an ownership interest in the assets of the partnership, trust or joint venture that entitles the owner to receive a share of the profits and to share in the assets on dissolution. ( intérêt avec droit de vote )
Telecommunications Act — T-3.4 16.1
Licence required — classes of telecommunications service providers 16.1 (1) No telecommunications service provider that is of a class specified by the Commission shall provide international telecommunications services except in accordance with an international telecommunications service licence. Licence required — classes of service (2) No telecommunications service provider shall, except in accordance with an international telecommunications service licence, provide international telecommunications services that are within a class of telecommunications services specified by the Commission. 1998, c. 8, s. 3
Telecommunications Act — T-3.4 16.2
Application 16.2 An application for the issuance, renewal or amendment of an international telecommunications service licence must be made in the form and manner and with the information specified by the Commission, and be accompanied by the fee prescribed under subsection 68(1). 1998, c. 8, s. 3
Telecommunications Act — T-3.4 16.3
Issuance of licences 16.3 (1) The Commission may, on application, issue an international telecommunications service licence. Conditions (2) The Commission may, in respect of international telecommunications services, (a) establish licence conditions in respect of classes of telecommunications service providers or classes of international telecommunications services; and (b) include in a licence conditions that are related to the circumstances of the licensee and that the Commission considers appropriate. Amendment (3) The Commission may, on application by any interested person or on its own motion, amend any conditions of a licence. Term (4) The term of a licence may not exceed ten years on its issuance or renewal. Renewal (5) A licence may be renewed on application by the licensee. Transfer (6) A licence is not transferable except with the consent of the Commission. 1998, c. 8, s. 3
Telecommunications Act — T-3.4 16.4
Suspension and revocation of telecommunications service licences 16.4 (1) The Commission may suspend or revoke an international telecommunications service licence whenever the Commission believes on reasonable grounds that the licensee 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 Commission. Consent of licensee (2) The Commission may suspend or revoke a licence with the consent of, or on application by, the licensee. 1998, c. 8, s. 3
Telecommunications Act — T-3.4 17
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.
Telecommunications Act — T-3.4 18
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. 1993, c. 38, s. 18; 1999, c. 31, s. 197(F)
Telecommunications Act — T-3.4 19
Issuance of licences 19 (1) The Minister may, on application, issue an international submarine cable licence to a person who 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. 1993, c. 38, s. 19; 1998, c. 8, s. 4
Telecommunications Act — T-3.4 20
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.
Telecommunications Act — T-3.4 21
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.
Telecommunications Act — T-3.4 22
 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). 1993, c. 38, s. 22; 1998, c. 8, s. 5; 1999, c. 31, s. 198(F); 2004, c. 25, s. 176
Telecommunications Act — T-3.4 23
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.
Telecommunications Act — T-3.4 24
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 Act — T-3.4 24.1
Conditions of service — person other than Canadian carrier 24.1 The offering and provision of any telecommunications service by any person other than a Canadian carrier are subject to any conditions imposed by the Commission, including those relating to (a) service terms and conditions in contracts with users of telecommunications services; (b) protection of the privacy of those users; (c) access to emergency services; and (d) access to telecommunications services by persons with disabilities. 2014, c. 39, s. 193
Telecommunications Act — T-3.4 24.2
Definition of fixed broadband service 24.2 (1) In this section, fixed broadband service means any high-speed data transmission service provided to a fixed location using cable, fibre optics, wireless access, satellite or any similar transmission system. Information required (2) A Canadian carrier that offers fixed broadband services shall make the following information available to the public, in the form and manner specified by the Commission: (a) service quality metrics during peak periods; (b) typical download and upload speeds during peak periods; and (c) any other information required by the Commission that is in the public’s interest. Public hearings (3) For the purposes of subsection (2), the Commission shall hold public hearings to determine the following: (a) the service quality metrics that are to be measured and the manner in which they will be measured, as well as the methodology that is to be used to ensure that those metrics are representative of the different fixed broadband services packages offered in different regions across Canada; (b) the methodology that is to be used to determine what constitutes typical download and upload speeds for different fixed broadband services packages offered in different regions across Canada; (c) the periods that are to be considered peak periods; (d) the types of Canadian carriers, if any, that should be excluded, in whole or in part, from the application of subsection (2); (e) the types of transmission systems in respect of which the information referred to in subsection (2) is to be provided; (f) the form and manner in which the information referred to in subsection (2) is to be provided to the public to ensure that it is easily available, accessible and simple to understand; and (g) the measures that are to be taken, including in respect of compliance monitoring and enforcement, to ensure that the ﬁxed broadband services provided by Canadian carriers reﬂect the information made available under subsection (2). 2024, c. 10, s. 1
Telecommunications Act — T-3.4 25
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. 1993, c. 38, s. 25; 1999, c. 31, s. 199(F)
Telecommunications Act — T-3.4 26
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.
Telecommunications Act — T-3.4 27
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 this section or section 25 or 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. 1993, c. 38, s. 27; 2014, c. 20, s. 239
Telecommunications Act — T-3.4 27.01
Self-service mechanism 27.01 (1) A telecommunications service provider must make available to its subscribers a self-service mechanism that meets the requirements established by the Commission under subsection (2) and allows them, within the terms of the contract for telecommunications services that they have entered into with the provider, to cancel the contract or modify the telecommunications service plan established under the contract. Requirements (2) For the purposes of subsection (1), the Commission must establish what constitutes self-service and the requirements in relation to self-service mechanisms. The Commission may also specify types of self-service mechanisms that are acceptable for the purposes of that subsection. 2024, c. 17, s. 383
Telecommunications Act — T-3.4 27.02
Notice of expiry 27.02 (1) A telecommunications service provider that has a fixed-term contract for telecommunications services with a subscriber must, before the expiry of the contract, provide the subscriber with a notice that the contract is set to expire. Form and manner (2) The Commission must specify the form and manner in which — as well as the time within which and the frequency at which — the notice is to be provided under subsection (1). Content of notice (3) The notice must contain, for the purpose of assisting the subscriber in selecting a new telecommunications service plan, (a) a list of telecommunications service plans offered by the telecommunications service provider that meet the criteria that the Commission may specify; (b) information relating to those plans, to be specified by the Commission; (c) information relating to the self-service mechanism referred to in section 27.01; and (d) any other information that the Commission may specify. 2024, c. 17, s. 383
Telecommunications Act — T-3.4 27.03
Notice 27.03 The Commission may require a telecommunications service provider to provide — in the form and manner and at the frequency that the Commission specifies — its subscribers who do not have a fixed-term contract for telecommunications services with a notice containing the information set out in subsection 27.02(3). 2024, c. 17, s. 383
Telecommunications Act — T-3.4 27.04
Prohibition 27.04 (1) A telecommunications service provider must not charge a fee to a subscriber that is related to the activation or modification of a telecommunications service plan, or any other fee whose main purpose is, in the opinion of the Commission, to discourage subscribers from modifying their service plan or cancelling their contract for telecommunications services. Types of fees (2) The Commission must specify the types of fees for the purposes of subsection (1). 2024, c. 17, s. 383
Telecommunications Act — T-3.4 27.05
Exemption 27.05 The Commission may, subject to any conditions that it may specify, exempt any telecommunications service provider or class of telecommunications service providers from the application, in whole or in part, of sections 27.01, 27.02 and 27.04. 2024, c. 17, s. 383
Telecommunications Act — T-3.4 27.2
Paper bill 27.2 Any person who provides telecommunications services shall not charge a subscriber for providing the subscriber with a paper bill. 2014, c. 39, s. 194
Telecommunications Act — T-3.4 28
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. 1993, c. 38, s. 28; 1999, c. 31, s. 200(F)
Telecommunications Act — T-3.4 29
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. 1993, c. 38, s. 29; 1999, c. 31, s. 201(F)
Telecommunications Act — T-3.4 30
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.
Telecommunications Act — T-3.4 31
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.
Telecommunications Act — T-3.4 32
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.
Telecommunications Act — T-3.4 33
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.
Telecommunications Act — T-3.4 34
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. 1993, c. 38, s. 34; 1999, c. 31, s. 202(F)