Bill C-560

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-560

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

1. This Act may be cited as the Cell Phone Freedom Act.

INTERPRETATION

2. The following definitions apply in this Act.

“network lock” means a function in a cellular telephone that restricts its use to a particular provider.

“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” 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

3. No provider shall 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

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 shall, 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.

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 shall, 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.