GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Retail Payment Activities Regulations — 37
Prescribed information 37 The following is prescribed information for the purpose of subsection 64(1) of the Act: (a) any direction, notice, letter, plan, report or recommendation issued or prepared by the Bank in connection with its supervision of a payment service provider, including as a result of any assessment, testing, audit or investigation that it carries out in respect of the payment service provider; (b) a notice of refusal given under subsection 48(3) of the Act; (c) a notice of intent to revoke issued under section 52 of the Act; (d) a notice of decision given under subsection 53(3) of the Act; (e) a notice of revocation given under subsection 55(2) of the Act; (f) a compliance agreement referred to in section 71 of the Act; (g) a notice of violation issued under subsection 76(2) of the Act; (h) a compliance agreement referred to in paragraph 76(2)(b) of the Act; (i) a notice of decision issued under subsection 78(4) of the Act; (j) a notice of compliance served under section 81 of the Act; (k) a notice of default issued under section 82 of the Act; (l) an order made under subsection 94(1) or (4) of the Act; and (m) any correspondence to or from the applicant or payment service provider that relates to any of the items referred to in paragraphs (a) to (l).
Retail Payment Activities Regulations — 38
Non-disclosure by payment service provider 38 (1) Subject to subsections (2) and (3), a payment service provider must not, directly or indirectly, disclose any information referred to in section 37 . Exception (2) A payment service provider may disclose information referred to in section 37 to the following individuals and entities if it ensures that, subject to subsection (3), those individuals and entities do not further disclose the information to others: (a) an individual or entity with which the payment service provider is affiliated within the meaning of section 3 of the Act; and (b) the directors, officers, employees, auditors, securities underwriters or legal advisors of (i) the payment service provider, or (ii) an individual or entity referred to in paragraph (a). Exception — securities laws (3) A payment service provider may disclose information referred to in section 37 , and need not ensure its further non-disclosure, to the extent that the disclosure is required by the securities laws of any jurisdiction.
Retail Payment Activities Regulations — 39
Use of information 39 (1) For the purpose of subsection 64(3) of the Act, the Minister, the Governor, the Bank and the Attorney General of Canada may use the information referred to in section 37 of these Regulations as evidence in any proceeding. Certain Acts (2) For the purpose of subsection 64(4) of the Act, the payment service provider may use the information referred to in section 37 of these Regulations as evidence in any proceeding referred to in that subsection.
Retail Payment Activities Regulations — 40
Records 40 A payment service provider must keep, in a form that is intelligible to the Bank, sufficient records to demonstrate its compliance with the Act and these Regulations and, subject to any undertaking provided for the purpose of section 42 of the Act or any condition imposed under section 43 of the Act, must retain the records until the day that is five years after the day on which the payment service provider’s current compliance with the Act and Regulations ceases to be demonstrated by the records.
Retail Payment Activities Regulations — 41
Protective measures 41 A payment service provider must take reasonable measures, with respect to all records that it is required to keep under the Act and these Regulations, to (a) prevent their loss or destruction; (b) prevent their falsification; (c) detect and correct any inaccuracies contained in them; and (d) prevent unauthorized persons from accessing or using the information contained in them.
Retail Payment Activities Regulations — 42
Agents, mandataries and third-party service providers 42 A payment service provider must ensure that (a) any record that is kept by an agent or mandatary or a third-party service provider that is relevant to the payment service provider’s compliance with the Act or these Regulations is (i) accessible to the payment service provider, and (ii) kept and retained in accordance with section 40 ; and (b) the measures referred to in section 41 are taken in respect of that record.
Retail Payment Activities Regulations — 43
Prescribed period — payment service provider 43 (1) The prescribed period for the purpose of subsection 65(1) of the Act is 15 days beginning on the day after the day on which the request is made. Exception — significant adverse incident (2) Despite subsection (1), if the information requested by the Bank relates to an incident that is ongoing and that could have a significant adverse impact on an individual or entity referred to in subsection 94(2) of the Act, the prescribed period for the purpose of subsection 65(1) of the Act is 24 hours beginning when the request is made.
Retail Payment Activities Regulations — 44
Prescribed period — individual or entity 44 The prescribed period for the purpose of subsection 66(2) of the Act is 15 days beginning on the day after the day on which the request is made.
Retail Payment Activities Regulations — 45
Prescribed period — undertaking or condition 45 The prescribed period for the purpose of subsection 73(1) of the Act is 15 days beginning on the day after the day on which the request is made.
Retail Payment Activities Regulations — 46
Designation of violations 46 The following are designated as violations that may be proceeded with under Part 5 of the Act: (a) the contravention of a provision of the Act set out in column 1 of Part 1 of the schedule, including in relation to a corresponding provision of these Regulations set out in column 2, if applicable; (b) the contravention of a provision of these Regulations set out in column 1 of Part 2 of the schedule; and (c) non-compliance with an agreement entered into under section 71 of the Act.
Retail Payment Activities Regulations — 47
Classification 47 (1) Subject to subsection (3), each violation referred to in paragraph 46 (a) or (b), other than one referred to in subsection 48 (2), is classified as a serious or very serious violation, as set out in column 3 of Part 1 of the schedule or column 2 of Part 2 of the schedule, as the case may be. Compliance agreement violation (2) The violation referred to in paragraph 46 (c) is classified as a very serious violation. Series of violations (3) If a notice of violation identifies two or more violations that are classified as serious violations and that arise from the contravention of the same provision of the Act or these Regulations, that series of violations is classified as a single very serious violation.
Retail Payment Activities Regulations — 48
Penalties 48 (1) The range of penalties in respect of a violation, other than one referred to in subsection (2), is (a) up to $1,000,000 in the case of a serious violation; and (b) up to $10,000,000 in the case of a very serious violation. Exceptions (2) In the case of a violation in respect of section 21 or subsection 22(1), 59(1) or 60(1) or (2) of the Act, (a) if the violation has continued for no more than 30 days, the amount of the penalty in respect of the violation is $500 for each day that it has continued; and (b) if it has continued for more than 30 days, the range of penalties in respect of the violation is from $15,000 to $1,000,000.
Retail Payment Activities Regulations — 49
Criteria 49 The amount payable as the penalty for a violation, other than one referred to in paragraph 48 (2)(a), is to be established having regard to (a) the harm that is done by the violation and the harm that could have been done by it; (b) the history of the individual or entity that committed the violation with respect to any prior violation committed by them within the five-year period immediately before the violation; and (c) the degree of intention or negligence on the part of the individual or entity that committed the violation.
Retail Payment Activities Regulations — 50
Additional penalty 50 For the purpose of paragraph 82(1)(b) of the Act, the additional penalty is equal to the amount of the penalty set out in the notice of violation.
Retail Payment Activities Regulations — 51
Service of documents 51 (1) Any notice that is to be served under Part 5 of the Act must be served by (a) in the case of service on an individual, (i) leaving a copy of it with the individual, (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, (iii) sending a copy of it by registered mail or courier to the individual’s last known address or usual place of residence, (iv) sending a copy of it to the individual’s last known email address, or (v) making a copy of it available to the individual through an electronic system maintained for that purpose by the Bank and advising the individual, by email to their last known email address, of the availability of the notice; and (b) in the case of service on an entity, (i) leaving a copy of it with an individual who appears to manage or be in control of the head office or place of business of the entity or of the entity’s authorized representative, (ii) sending a copy of it by registered mail or courier to the head office or place of business of the entity or of the entity’s authorized representative, (iii) sending a copy of it to the entity’s last known email address, or (iv) making a copy of it available to the entity through an electronic system maintained for that purpose by the Bank and advising the entity, by email to its last known email address, of the availability of the notice. Deemed service (2) A notice is deemed to be served (a) on the day on which it is left with an individual in accordance with subparagraph (1)(a)(i) or (ii) or (b)(i); (b) on the 10th day after the date indicated in the receipt issued by the postal or courier service, in the case of service by registered mail or courier; or (c) on the day on which the email referred to in subparagraph (1)(a)(iv) or (v) or (b)(iii) or (iv) is delivered.
Retail Payment Activities Regulations — 52
National security review — prescribed periods 52 In respect of an application for registration that is submitted during the transition period as defined in section 103 of the Act, (a) the prescribed period for the purpose of subsection 34(1) of the Act begins on the day on which the Minister is provided with the application and ends 60 days after the last day of the transition period; and (b) the prescribed period for the purpose of section 36 of the Act begins on the day on which the Minister decides to review the application and ends on the later of 180 days after that day and 180 days after the last day of the transition period.
Retail Payment Activities Regulations — 53
Application for registration — prescribed period 53 The prescribed period for the purpose of section 104 of the Act is the period that begins on the day on which section 29 of the Act comes into force and ends on the later of (a) the day that is 14 days after the day on which section 29 of the Act comes into force, and (b) the day that is 60 days before the first day during the transition period on which the payment service provider plans to perform retail payment activities.
Retail Payment Activities Regulations — 54
Publication of application information 54 For the purpose of section 107 of the Act, the prescribed information is (a) any trade names of the applicant; and (b) the address, telephone number and email address of the applicant’s place of business, as well as their website address, if any.
Retail Payment Activities Regulations — S.C. 2021, c. 23, s. 177
S.C. 2021, c. 23, s. 177 * 55 (1) Subject to subsection (2), these Regulations come into force on the day on which section 29 of the Retail Payment Activities Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. S.C. 2021, c. 23, s. 177 (2) Sections 5 to 23 , 26 , 27 and 29 to 36 , paragraphs 37 (b) to (e), items 1 to 10, 12 and 13 of Part 1 of the schedule and items 1 to 26 of Part 2 of the schedule come into force on the day on which subsection 25(1) of the Retail Payment Activities Act comes into force, but if these Regulations are registered after that day, those provisions come into force on the day on which these Regulations are registered. * [Note: Regulations, except sections 5 to 23, 26, 27 and 29 to 36, paragraphs 37(b) to (e), items 1 to 10, 12 and 13 of Part 1 of the schedule and items 1 to 26 of Part 2 of the schedule, in force November 1, 2024, see SI/2023-70, sections 5 to 23, 26, 27 and 29 to 36, paragraphs 37(b) to (e), items 1 to 10, 12 and 13 of Part 1 of the schedule and items 1 to 26 of Part 2 of the schedule in force September 8, 2025, see SI/2023-70.]
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — a
Whereas the Governor in Council, in 2006, issued to the Canadian Radio-television and Telecommunications Commission an order entitled Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives a (the “2006 Direction”); a SOR/2006-355
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — b
Whereas the Governor in Council, in 2019, issued to that Commission an order entitled Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation b , one of the purposes of which was to guide the Commission on how the 2006 Direction is to be implemented; b SOR/2019-227
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy
Whereas the telecommunications market and its regulation have changed since 2019 and the Governor in Council is of the opinion that new directions should be issued to the Commission as a result of those changes;
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — c
Whereas, under subsection 10(1) of the Telecommunications Act c , the Minister of Industry had a copy of the proposed Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy , published in the Canada Gazette , Part I, on June 4, 2022, substantially in the annexed form, and a reasonable opportunity was given to interested persons to make representations to the Minister with respect to the proposed Order; c S.C. 1993, c. 38
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy
Whereas, under subsection 10(1) of that Act, the Minister laid the proposed Order before each House of Parliament and 40 sitting days of Parliament have elapsed since the proposed Order was tabled in both Houses;
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy
Whereas, under subsection 10(2) of that Act, the Minister consulted the Commission with respect to the proposed Order before it was published and laid and consulted the Commission again with respect to the proposed order in its definitive form;
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy
And whereas, under section 13 of that Act, the Minister, before making a recommendation to the Governor in Council for the purposes of this Order, notified the minister designated by the government of each province of the Minister’s intention to make the recommendation and provided an opportunity for each of them to consult with the Minister;
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry makes the annexed Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy under section 8 of the Telecommunications Act c .
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 1
Direction 1 In exercising its powers and performing its duties under the Telecommunications Act , the Commission must implement the Canadian telecommunications policy objectives set out in section 7 of that Act in accordance with this Order.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 2
Key objectives 2 The Commission should consider how its decisions would promote competition, affordability, consumer interests and innovation, in particular the extent to which they would (a) encourage all forms of competition and investment; (b) foster affordability and lower prices, particularly when telecommunications service providers exercise market power; (c) ensure that affordable access to high-quality, reliable and resilient telecommunications services is available in all regions of Canada, including rural areas, remote areas and Indigenous communities; (d) enhance and protect the rights of consumers in their relationships with telecommunications service providers, including rights related to accessibility; (e) reduce barriers to entry into the market and to competition for telecommunications service providers that are new, regional or smaller than the incumbent national service providers; (f) enable innovation in telecommunications services, including new technologies and differentiated service offerings; and (g) stimulate investment in research and development and in other intangible assets that support the offer and provision of telecommunications services.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 3
Transparency, predictability and coherence 3 The Commission should ensure that its proceedings and decisions are transparent, predictable and coherent.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 4
Efficiency and proportionality 4 The Commission should ensure that the measures that it imposes through its decisions are efficient and proportionate to their purpose.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 5
Market monitoring, research and strategic foresight 5 The Commission should further develop strong and timely market monitoring, research and strategic foresight skills and use the results that it obtains from these activities in the exercise of its powers and the performance of its duties.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 6
Decisions based on sound and recent evidence 6 The Commission should base its decisions on sound and recent evidence and should exercise its powers to obtain necessary evidence.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 7
Timely proceedings and decisions 7 The Commission should conduct proceedings and issue decisions in a timely manner, in recognition of the need for market clarity. The Commission should consider whether adopting new processes or engaging external experts would help reach this objective.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 8
Decisions of an economic nature 8 In making decisions of an economic nature, the Commission should balance, in addition to any other objectives that the Commission considers relevant in the circumstances, the objectives of (a) fostering competition; (b) promoting investment in high-quality networks; (c) improving consumer choice; (d) supporting the provision of innovative services; and (e) encouraging the provision of services at reasonable prices for consumers.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 9
Regulatory framework 9 In order to foster fixed Internet competition that is sufficient to protect the interests of users, the Commission must (a) maintain a regulatory framework mandating the provision — at just and reasonable rates — of wholesale services for fixed Internet; (b) monitor the effectiveness of the framework; and (c) adjust the framework as necessary and in a timely manner, including by making proactive adjustments.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 10
Aggregated wholesale high-speed access service 10 The Commission must mandate the provision of an aggregated wholesale high-speed access service — that is additional to any other types of wholesale high-speed access services that are mandated — until it determines that broad, sustainable and meaningful competition will persist even if the provision of an aggregated service is no longer mandated.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 11
Variety of access speeds and costs 11 The Commission must mandate the provision of wholesale high-speed access services with a variety of speeds, including low-cost options, for the purpose of ensuring affordable options for consumers while allowing for the modernization of networks.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 12
Tariff setting 12 The Commission should set interim and final tariffs expediently, including by reforming the tariff-setting process and considering external expertise or international best practices.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 13
Equitable application of regulatory framework 13 The Commission should ensure that its regulatory framework mandating the provision of wholesale services for fixed Internet applies equitably to carriers that are subject to the framework.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 14
Mobile wireless competition 14 In order to foster mobile wireless competition that is sufficient to protect the interests of users, the Commission must (a) maintain a regulatory framework mandating access — at just and reasonable rates — to wholesale roaming services; (b) monitor and assess the effectiveness of its approach to a mandated wholesale facilities-based mobile virtual network operator access service, considering factors such as the specific characteristics of lower-density or remote regions and how these characteristics affect the time needed to deploy wireless networks; and (c) adjust the facilities-based approach referred to in paragraph (b), including by extending the duration of the mandate to provide the service, if the Commission determines that it is necessary.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 15
Revision to approach 15 The Commission should revise its approach to encourage broader service-based competition if the effectiveness of the approach in fostering mobile wireless competition is lessened due to changes in the mobile wireless market structure or circumstances of competition.
Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy — 16
Periodic review and adjustments 16 The Commission should (a) periodically review the effectiveness of its mobile wireless services regulatory framework in meeting its objectives and, in doing so, consider factors that could harm competition, such as coordinated conduct between carriers; and (b) make any necessary adjustments to the framework.