Powers of Governor in Council and Others

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) prescribing telecommunications appa ratus, or classes of telecommunications apparatus, in respect of which a technical acceptance certificate is required;

    (c) respecting the inspection, testing and approval of telecommunications apparatus in relation to technical acceptance certifi cates;

    (d) prescribing the form of technical accep tance certificates or markings, or any class of certificates or markings;

    (e) prescribing the procedure governing applications for technical acceptance cer tificates, or any class of certificates, and the issuing of certificates by the Minister;

    (f) prescribing the conditions of technical acceptance certificates, including condi tions as to the services that may be provided by the holder of a certificate;

    (g) prescribing the eligibility and qualifica tions of persons who may be appointed as inspectors, and the duties of inspectors;

    (h) for giving effect to international agree ments, conventions or treaties respecting telecommunications apparatus to which Canada is a party;

    (i) prescribing fees for technical acceptance certificates, applications for certificates and examinations or testing in relation to certificates, and respecting interest payable on unpaid fees;

    (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 refer ence a classification, standard, procedure or other specification may incorporate the classi fication, standard, procedure or specification as amended from time to time.

Powers of inspectors

69.5 (1) Subject to subsection (2), an inspector appointed under paragraph 69.3(1)(h) may, at any reasonable time, for the purpose of enforcing this Part,

    (a) enter any place of business that the inspector believes on reasonable grounds is being used to distribute, lease, offer for sale, sell or import any telecommunications apparatus referred to in section 69.2;

    (b) examine any telecommunications appa ratus found in a place referred to in paragraph (a); and

    (c) examine any logs, books, reports, test data, records, shipping bills, bills of lading or other documents or papers found in a place referred to in paragraph (a) that the inspector believes on reasonable grounds contain information relevant to the enforce ment of this Part, and make copies of, or take extracts from, them.

Assistance to inspectors

(2) The owner or person in charge of a place entered by an inspector shall give the inspec tor all reasonable assistance to enable the inspector to carry out the inspector's duties under this Part, and shall give the inspector any information that the inspector reasonably requests.

Obstruction, false information

(3) When an inspector is carrying out duties under this Part, no person shall

    (a) resist or wilfully obstruct the inspector; or

    (b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.

9. (1) The portion of subsection 73(1) of the Act before paragraph (a) is replaced by the following:

Offences

73. (1) Every person who contravenes subsection 16(4) or 16.1(1) or (2) or section 17 is guilty of an offence punishable on summary conviction and liable

(2) Paragraph 73(2)(a) of the Act is replaced by the following:

    (a) contravenes section 25, subsection 27(1) or (2) or section 69.2,

(3) Paragraph 73(2)(d) of the Act is replaced by the following:

    (d) knowingly makes a material misrepre sentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under paragraph 69.3(1)(h) or section 71

(4) Section 73 of the Act is amended by adding the following after subsection (6):

Injunctions

(7) If a court of competent jurisdiction is satisfied, on application by the Minister, that a contravention of section 69.2 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that the court considers appropriate, ordering any person to cease or refrain from any activity related to that offence.

Federal Court

(8) For the purposes of subsection (7), the Federal Court is a court of competent jurisdic tion.

10. The Act is amended by adding the following after section 74:

Forfeiture

Forfeiture of telecommu-
nications apparatus

74.1 (1) In the case of a conviction for an offence arising out of a contravention of subsection 69.2(1) or (2), any telecommunica tions apparatus in relation to which or by means of which the offence was committed may be forfeited to Her Majesty in right of Canada by order of the Minister for the disposition, subject to subsections (2) to (6), that the Minister may direct.

Notice of forfeiture

(2) If apparatus is ordered to be forfeited under subsection (1), the Minister shall cause a notice of the forfeiture to be published in the Canada Gazette.

Application by person claiming interest

(3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest in the apparatus as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application.

Notice

(4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest of whom the applicant has knowledge.

Notice of intervention

(5) Every person, other than the Minister, who is served with a notice under subsection (4) must, in order to appear at the hearing of the application, file an appropriate notice of intervention in the record of the court and serve a copy of that notice on the Minister and on the applicant at least ten days before the day fixed for the hearing or any shorter period that the court may allow.

Order declaring nature and extent of interests

(6) An applicant or intervener is entitled to an order declaring that their interest is not affected by the forfeiture and declaring the nature and extent of their interest and the priority of their interest in relation to other interests recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests relate be delivered to one or more of the persons found to have an interest in the apparatus, or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener

    (a) is innocent of any complicity and collusion in any conduct that caused the apparatus to be subject to forfeiture; and

    (b) in the case of owners, exercised all reasonable care in respect of the persons permitted to obtain possession and use of the apparatus to satisfy themselves that it was not likely to be used in the commission of an offence arising out of a contravention of section 69.2.

Liability for costs

(7) Any persons convicted in respect of the forfeited apparatus are jointly and severally or solidarily liable for all the costs of inspection, seizure, forfeiture or disposition incurred by Her Majesty that exceed any proceeds of the disposition of the apparatus that has been forfeited to Her Majesty under this section.

1987, c. 12; R.S., c. 9 (3rd Supp); 1991, c. 11; 1993, c. 38; 1994, c. 24; 1995, cc. 1, 5

TELEGLOBE CANADA REORGANIZATION AND DIVESTITURE ACT

11. The definition ``designated telecom munications common carrier'' in subsec tion 2(1) of the Teleglobe Canada Reorgani zation and Divestiture Act is repealed.

12. Section 5 of the Act is repealed.

13. Section 6 of the Act is repealed.

14. Section 7 of the Act is repealed.

1995, c. 5, par. 25(1)(z.4)

15. Section 8 of the Act is repealed.

16. Section 10 of the Act is repealed.

17. Section 12 of the Act is repealed.

18. Section 13 of the Act is repealed.

1993, c. 38, s. 118

19. Section 17 of the Act is repealed.

1995, c. 1, par. 62(1)(v)

20. Section 18 of the Act is repealed.

1993, c. 38, s. 119

21. Section 24 of the Act is repealed.

22. Section 33 of the Act is replaced by the following:

Deemed approval

33. An agreement or arrangement referred to in section 29 of the Telecommunications Act or a limitation of liability referred to in section 31 of that Act that was entered into or imposed, respectively, by the new corpora tion, or to which the new corporation is an assignee or a successor on the coming into force of this section, and that is in effect on the coming into force of this section, is deemed to have been approved under section 29 or 31 of that Act.

23. Schedules I and II to the Act are repealed.

COMING INTO FORCE

Coming into force

24. This Act or any of its provisions, or any provision of any Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.