C-343
First Session, Forty-first Parliament,
60 Elizabeth II, 2011
HOUSE OF COMMONS OF CANADA
BILL C-343
An Act respecting the locking of cellular telephones
first reading, November 3, 2011
NOTE
2nd Session, 41st Parliament
This bill was introduced during the First Session of the 41st Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Hyer
411369
SUMMARY
This enactment provides that a telecommunications service provider is obligated to
(a) inform a consumer who intends to purchase a cellular telephone from the provider whether the network access of the telephone is restricted by a lock;
(b) remove free of charge, after the service contract has expired, any network lock that has been applied to a cellular telephone purchased at a discounted price by a consumer as a condition of entering into a service contract with the provider; and
(c) remove free of charge any network lock that has been applied to a cellular telephone purchased by a consumer from the provider if the consumer does not enter into a service contract of at least six months in duration with the provider or if the consumer pays the total cost of the telephone handset before taking possession of it.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60 Elizabeth II, 2011
house of commons of canada
BILL C-343
An Act respecting the locking of cellular telephones
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Cell Phone Freedom Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“network lock”« verrou réseau »
“network lock” means a function in a cellular telephone that restricts its use to a particular provider.
“provider”« fournisseur »
“provider” means a telecommunications service provider within the meaning of the Telecommunications Act that, for a fee, provides consumers with access to a wireless service network for cellular telephone use.
“service contract”« contrat de service »
“service contract” means a contract entered into by a provider and a consumer for access to a wireless service network for cellular telephone use.
DUTY OF PROVIDER
Duty to inform
3. It is prohibited for a provider to sell a cellular telephone to a consumer unless the provider first informs the consumer whether the network access of the telephone is restricted by a network lock to the wireless service network of the provider.
SERVICE CONTRACTS
Removal on expiration of service contract
4. If a consumer purchases a cellular telephone from a provider at a discounted price as a condition of entering into a service contract for the telephone with the provider, the provider must, on the request of the consumer at any time after the service contract has expired, remove free of charge any network lock that has been applied to the telephone.
Removal on request
5. If a consumer purchases a cellular telephone from a provider without entering into a service contract of at least six months in duration with the provider or if the consumer pays the total cost of the telephone handset before taking possession of it, the provider must, on the request of the consumer at any time after the purchase, remove free of charge any network lock that has been applied to the telephone.
Published under authority of the Speaker of the House of Commons