Bill C-17

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	46-47 ELIZABETH II
	CHAPTER 8

	An Act to amend the Telecommunications Act and the Teleglobe Canada Reorganization and Divestiture Act
	[Assented to 12th May, 1998]
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1993, c. 38; 1995, c. 1	TELECOMMUNICATIONS ACT
	*1. Subsection 2(1) of the Telecommunications Act* is amended by adding the following in alphabetical order:**
``telecommu- nications service provider'' « fournisseur de services de télécommu- nication »	``telecommunications service provider'' means a person who provides basic telecommunications services, including by exempt transmission apparatus;
	2. Section 16 of the Act is amended by adding the following after subsection (4):
Exemption	(5) Subsections (1), (2) and (4) do not apply in respect of the ownership or operation of
	(a) international submarine cables; or
	(b) earth stations that provide telecommunications services by means of satellites.
	3. The Act is amended by adding the following after section 16:
	International Telecommunications Services Licences
Licence required - classes of telecommu- nications 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.
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).
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.
Suspension and revocation of telecommu- nications 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.
	4. Subsection 19(1) of the Act is replaced by the following:
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.
	5. Paragraph 22(2)(c) of the Act is replaced by the following:
	(c) prescribing classes of international submarine cable licences and determining the persons eligible to hold licences of any particular class;
	6. The Act is amended by adding the following after section 46:
	Telecommunications Numbering and Other Matters
Adminis- tration by Commission	46.1 The Commission may, if it determines that to do so would facilitate the interoperation of Canadian telecommunications networks,
	(a) administer
	(i) databases or information, administrative or operational systems related to the functioning of telecommunications networks, or
	(ii) numbering resources used in the functioning of telecommunications networks, including the portion of the North American Numbering Plan resources that relates to Canadian telecommunications networks; and
	(b) determine any matter and make any order with respect to the databases, information, administrative or operational systems or numbering resources.
Delegation of powers	46.2 (1) The Commission may, in writing and on specified terms, delegate any of its powers under section 46.1 to any person, including any body created by the Commission for that purpose.
Decision of delegate	(2) For the purposes of sections 62 and 63, a decision of a delegate is deemed to be a decision of the Commission.
Decision of Commission	(3) For greater certainty, a delegation of powers is a decision of the Commission.
Revocation of delegation	(4) The Commission may, in writing, revoke a delegation of powers. A revocation is deemed not to be a decision of the Commission.
Rates	46.3 (1) Subject to subsection (2), a delegate may charge rates for exercising delegated powers.
Regulation of rates	(2) The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise.
Financial Adminis- tration Act does not apply	(3) Notwithstanding the Financial Administration Act, money collected by a delegate is deemed not to be public money.
Regulation of conditions and rates	46.4 The Commission may regulate
	(a) the manner in which any person provides services relating to any of the matters referred to in paragraph 46.1(a); and
	(b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the person.
Contribution to fund	46.5 (1) The Commission may require any telecommunications service provider to contribute, subject to any conditions that the Commission may set, to a fund to support continuing access by Canadians to basic telecommunications services.
Designation of administrator	(2) The Commission must designate a person to administer the fund.
Regulation of administra- tion and rates	(3) The Commission may regulate
	(a) the manner in which the administrator administers the fund; and
	(b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the administrator for administering the fund.
	7. Subsection 67(1) of the Act is amended by adding the following after paragraph (b):
	(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;
	8. The Act is amended by adding the following after section 69:
	PART IV.1
	TELECOMMUNICATIONS APPARATUS
	Application
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.
	Prohibitions
Technical acceptance certificate	69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.
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 paragraph 69.4(1)(a), unless the apparatus complies with those requirements.
	Minister's Powers
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) issue technical acceptance certificates in respect of telecommunications apparatus and fix the duration and conditions of any such certificate;
	(b) change the duration and amend the conditions of certificates;
	(c) make available to the public any information set out in certificates;
	(d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus;
	(e) test telecommunications apparatus for compliance with technical specifications and markings required under this Part;
	(f) require holders of, and applicants for, certificates to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question;
	(g) require holders of certificates to inform the Minister of any material changes in information disclosed under paragraph (f);
	(h) appoint inspectors for the purposes of this Part; and
	(i) do any other thing necessary for the effective administration of this Part.
Delegation of powers	(2) The Minister may authorize any person to perform such powers on behalf of the Minister under paragraph (1)(a) as the Minister may determine and subject to the conditions that the Minister may fix.
Suspension or revocation of certificate	(3) The Minister may suspend or revoke a certificate
	(a) with the consent of the holder of the certificate;
	(b) after giving written notice to the holder and giving the holder a reasonable opportunity to make representations to the Minister with respect to the notice, if the Minister is satisfied that
	(i) the holder has contravened this Part, the regulations or the conditions of the certificate, or
	(ii) the certificate was obtained through misrepresentation; or
	(c) on giving written notice of suspension or revocation to the holder, without having to give the holder an opportunity to make representations to the Minister with respect to the notice, if the holder has failed to comply with a request to pay fees or interest due.

Bill C-17

46-47 ELIZABETH II

CHAPTER 8