GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Telecommunications Act — T-3.4 46.9
Request from provincial minister or agency 46.9 (1) The Commission may, on request, provide a provincial minister or a provincial government agency 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 if providing the information would not, in the opinion of the Commission, advantage the provincial government or provincial government agency concerned. 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 section 46.8; and (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under this section. 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
Telecommunications Act — T-3.4 46.91
Status of application for funding 46.91 (1) The Commission shall, on request, provide the Minister with information concerning the status of any application submitted to it for 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 may make a request only if the Minister considers the information to be relevant to coordinating financial support for access to telecommunications services in underserved areas. Use (3) The Minister 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 shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) (a) to any minister or agency that is entitled to make a request under section 46.8; and (b) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9. Disclosure not waiver (5) The disclosure of information under subsection (1) or (4) does not, by itself, constitute a waiver of any privilege that may exist with respect to the information. 2021, c. 23, s. 202
Telecommunications Act — T-3.4 47
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.
Telecommunications Act — T-3.4 48
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. Accessibility inquiries (1.1) 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 sections 51 to 53 of the Accessible Canada Act . Interested persons (2) The decision of the Commission that a person is or is not an interested person is binding and conclusive. 1993, c. 38, s. 48 2019, c. 10, s. 162
Telecommunications Act — T-3.4 49
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.
Telecommunications Act — T-3.4 50
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.
Telecommunications Act — T-3.4 51
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, under sections 51 to 53 of the Accessible Canada Act or under any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act, under those sections of the Accessible Canada Act or under any special Act. 1993, c. 38, s. 51 2019, c. 10, s. 163
Telecommunications Act — T-3.4 52
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.
Telecommunications Act — T-3.4 53
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.
Telecommunications Act — T-3.4 54
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.
Telecommunications Act — T-3.4 55
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.
Telecommunications Act — T-3.4 56
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.
Telecommunications Act — T-3.4 57
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.
Telecommunications Act — T-3.4 58
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.
Telecommunications Act — T-3.4 59
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.
Telecommunications Act — T-3.4 60
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.
Telecommunications Act — T-3.4 61
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.
Telecommunications Act — T-3.4 62
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. 1993, c. 38, s. 62 2021, c. 23, s. 203(F)
Telecommunications Act — T-3.4 63
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.
Telecommunications Act — T-3.4 64
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. 1993, c. 38, s. 64; 1999, c. 31, s. 206(F)
Telecommunications Act — T-3.4 65
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.
Telecommunications Act — T-3.4 66
Business documents 66 (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary 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 Chairperson 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 Chairperson 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. 1993, c. 38, s. 66; 2001, c. 34, s. 32(E); 2004, c. 25, s. 178
Telecommunications Act — T-3.4 67
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; (b.1) prescribing classes of international telecommunications service licences; (b.2) requiring international telecommunications service licensees to publish their licences or otherwise make them available for public inspection; (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. 1993, c. 38, s. 67; 1998, c. 8, s. 7
Telecommunications Act — T-3.4 68
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.
Telecommunications Act — T-3.4 69
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).
Telecommunications Act — T-3.4 69.1
Application 69.1 This Part applies to telecommunications apparatus that can be (a) connected to telecommunications networks of Canadian carriers; and (b) used by a telecommunications service subscriber at their premises. 1998, c. 8, s. 8
Telecommunications Act — T-3.4 69.2
Registration 69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which registration is required under this Act, unless it is registered. Specifications and markings (2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under section 69.3 or 69.4, unless the apparatus complies with those requirements. 1998, c. 8, s. 8; 2014, c. 39, s. 196
Telecommunications Act — T-3.4 69.3
Minister’s powers 69.3 (1) Subject to any regulations made under section 69.4, the Minister may, taking into account all matters that the Minister considers relevant to further the Canadian telecommunications policy objectives, (a) register telecommunications apparatus and fix any conditions and the duration of the registration; (a.1) establish requirements for the registration of telecommunications apparatus; (a.2) establish the procedure governing applications for registration; (b) amend the conditions and change the duration of the registration; (c) make available to the public any information regarding the registered telecommunications apparatus; (d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus and any requirements relating to those technical specifications and markings; (e) test telecommunications apparatus for compliance with technical specifications and markings required under this Part; (f) require an applicant for registration to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question; (f.1) establish fees for registration, applications for registration and examinations or testing in relation to registration, and respecting interest payable on unpaid fees; (g) require the registrant to inform the Minister of any material changes in information disclosed under paragraph (f); (g.1) establish requirements to recognize and designate foreign and domestic persons that are competent to assess whether telecommunications apparatus complies with the applicable foreign or domestic technical specifications; (h) [Repealed, 2014, c. 39, s. 197] (i) do any other thing necessary for the effective administration of this Part. Delegation of powers (2) The Minister may authorize any person to exercise any of the powers that are granted to the Minister under this Part, or by the regulations made under this Part, subject to any conditions that the Minister may fix. Suspension or revocation of registration (3) The Minister may suspend or revoke a registration (a) with the consent of the registrant; (b) after giving written notice to the registrant and giving the registrant a reasonable opportunity to make representations to the Minister with respect to the notice, if the Minister is satisfied that (i) the registrant has contravened this Part, the regulations made under this Part or the conditions of the registration, (ii) the registration was obtained through misrepresentation, or (iii) the apparatus does not comply with the applicable technical specifications or markings; or (c) on giving written notice of suspension or revocation to the registrant, without having to give the registrant an opportunity to make representations to the Minister with respect to the notice, if the registrant has failed to comply with a request to pay fees or interest due. 1998, c. 8, s. 8; 2014, c. 39, s. 197
Telecommunications Act — T-3.4 69.4
Regulations 69.4 (1) The Governor in Council may make regulations (a) respecting requirements for technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus; (b) [Repealed, 2014, c. 39, s. 198] (c) respecting the inspection, testing and approval of telecommunications apparatus in respect of a registration; (d) prescribing the form of registration or markings, or any class of registration or markings; (e) and (f) [Repealed, 2014, c. 39, s. 198] (g) prescribing the eligibility and qualifications of persons who may be appointed as inspectors, and the duties of inspectors; (h) for giving effect to international agreements, conventions or treaties respecting telecommunications apparatus to which Canada is a party; (i) [Repealed, 2014, c. 39, s. 198] (j) prescribing anything that by this Part is to be prescribed; and (k) generally for carrying out the purposes and provisions of this Part. Incorporation by reference (2) For greater certainty, a regulation made under subsection (1) incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time. 1998, c. 8, s. 8; 2014, c. 39, s. 198
Telecommunications Act — T-3.4 70
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.
Telecommunications Act — T-3.4 71
ed in the notice. Obstruction, false information (10) No person shall (a) resist or wilfully obstruct the inspector in carrying out his or her duties; or (b) knowingly make a false or misleading statement, either orally or in writing, to the inspector. 1993, c. 38, s. 71; 1999, c. 31, s. 207(F); 2014, c. 12, s. 137, c. 39, ss. 200, 209 2019, c. 10, s. 164
Telecommunications Act — T-3.4 72
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. 1993, c. 38, s. 72; 2001, c. 4, s. 122(F)