canada telecommunications act
27(2) power not only to promote competition, but to support the principle of network neutrality. Fees are based on the type of station licensed, the type of service used, and in certain cases the amount of radio frequency spectrum required or assigned, and the location of the operations. This took place while the Canada‑US Free Trade Agreement was being negotiated. Under the Telecommunications Act, an entity is Canadian-owned and controlled if: In the case of a corporation, not less than 80% of the members of the board of directors are individual Canadians, Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than 80% of the entity’s voting interests, The entity is not otherwise controlled by persons that are not Canadians. Some of these conditions are set out in the "Terms of Service" the CRTC has approved for various regulated services. Telecommunications Service Providers in Canada must register on one of the CRTC’s registration lists as a Basic International Telecommunications (BITS) Licensee (to carry telecommunications traffic between Canada and another country), a Facilities-Based Provider (to own or operate a transmission facility used by that provider or another provider to offer telecommunications services to the public for compensation), or a Non-Facilities-Based Provider (to offer basic telecommunications services to the public including services provided by exempt transmission apparatus). In practice, today, most carriers negotiate their own network interconnection arrangements, but the CRTC, retains the power to order interconnection and specify the related rates and conditions. An entity may register on more than one list provided it meets the obligations associated with each list. The majority of legislative authority for modern telecommunication activity in Canada is with the Federal Government. The CRTC has express authority to approve arrangements, withhold the approval of arrangements, and amend arrangement agreements. To complicate matters, some telephone companies that carried on business in only one province were regulated by provincial public utilities commissions rather than the CRTC, and others were subject to company-specific legislation, such as the Bell Canada Act. As previously indicated, there were no such requirements prior to the 1987 Telecommunications Policy, and several carriers were owned by non-Canadians. Until the Telecommunications Act was passed in 1993, telecommunications carriers were regulated under a number of different Acts, including the Railway Act and the other Acts listed on this slide. Box 56067 - Minto Place ROOttawa, ONK1R 7Z1 In this context it is important to note that in a 2012 decision the Supreme Court of Canada ruled that Internet Service Providers, or ISPs, that merely provide access to the Internet so end-users can access broadcasting content are not "broadcasting undertakings". In this presentation, we will briefly review: This next slide, #3, lists some of the main developments in the history of Canadian telecommunications legislation prior to the enactment of the Telecommunications Act in 1993. DLA Piper is a global law firm operating through various separate and distinct legal entities. The primary federal legislation governing telecommunications in Canada is the Telecommunications Act, which came into force on October 25, 1993.The Act repealed and replaced telecommunication-related provisions formerly present in the Railway Act, while also repealing and replacing federal acts such as the National Telecommunications Power and Procedures Act, and the Telegraphs Act. The Personal Information Protection and Electronic Documents Act 2000, which governs the rules for collection, use and disclosure of personal information by telecommunication service providers within federal jurisdiction. Subject to certain activities (including the use of spectrum, and the provision of international services), telecommunication providers in Canada ('carriers') can generally operate without a licence or other form of authorisation. Furthermore, providers of transit that neither originates nor terminates in Canada may not be subject to regulation under the Act. Subsection 27(1) is one of the longest-standing provisions of telecommunications law. The CRTC has used these powers to promote the competitive supply of telecommunication services in Canada. The Telecommunications Act outlines the regulatory scheme for telecommunication carriers falling under the jurisdiction of the federal government, and sets out the powers of the CRTC in administering the Act. The Commission stated that this policy will be used to determine whether ITMPs are in compliance with ss. The limitation periods for the enforcement of violations vary between two years from the day on which the act or omission occurred, to three years from the day on which the subject-matter of the proceedings became known to the CRTC. From: Innovation, Science and Economic Development Canada. More than 4,000 customers from 140 countries utilise BuddeComm Research. Additionally, resellers must register with the CRTC, and broadcasting licences are issued by the CRTC under the Broadcasting Act. That decision confirmed that all telephone companies whose networks were interconnected with the trans‑Canada telephone network were subject to exclusive federal jurisdiction, and not provincial legislation. In a 2006 policy decision, however, the CRTC defined access to broadband Internet service, as well as voice telephone service, as part of its "universal service objective". DLA Piper Intelligence brings together knowledge sites that answer legal questions from our clients around the globe. Section 4 of the Bell Canada Act is repealed. Decisions of the CRTC may be appealed to the Federal Court of Appeal with leave of that court. This power was seldom used by the CRTC in the first decade after the Act was passed. Additionally, the CRTC may impose conditions on carriers offering telecommunications services. The carriers mentioned above are subject to three applicable fees: the ‘annual fee’, the ‘supplementary fee’, and the ‘annual adjustment’. Stage 1 of the federal proposals was adopted in 1976, when responsibility to regulate telecommunications and broadcasting was combined in a single regulator—the CRTC. Moreover the CRTC may issue guidelines or make regulations for carrying out the purposes and provisions of the Act. Several points should be kept in mind in considering the Canadian ownership rules: Section 24 empowers the CRTC to impose conditions on the services provided by telecommunications carriers. The Ministry’s policies on spectrum management can be found here, The Broadcasting Act 1991, which sets out the regulatory framework for broadcasting in Canada, including the transmission of programs received by the public. Transcription — An Overview of the Telecommunications Act Section 40 is one of a number of provisions in the Act that empower the CRTC to require interconnection of network facilities among carriers. For further information about these entities and DLA Piper's structure, please refer to our Legal Notices. 80. All trademarks and copyrights are the property of their respective holders. A selection of downloadable samples from our Annual Publications catalogue. We'll take a look at each of these in the following slides. Fees for spectrum licences issued under the Radiocommunication Act are outlined in the Radiocommunication Regulations. All rights reserved. Carriers that use radio to offer telecommunication services require separate licences from the Minister of Innovation, Science and Economic Development (formerly the Minister of Industry) under the Radiocommunication Act. A mix of federal acts, notably the Telecommunications Act and the Radiocommunication Act, govern telecommunication activities under federal jurisdiction. However, they also empower the CRTC to establish conditions for access to the property of the parties fail to agree. In 1987, an important new Telecommunications Policy was announced by the Federal Government. Prior to that decision, some parties took the view that ss. A corresponding provision, in subsection 4(4) of the Broadcasting Act, makes that Act inapplicable to telecommunications common carriers as defined in the Telecommunications Act—when those carriers are acting solely as carriers. Instead of regulating retail prices, the Commission has become more focussed on regulating wholesale prices charged by the telecommunications common carriers that own the major networks to resellers and other competitors that use these networks to deliver their own retail services. The Minister of Innovation, Science and Economic Development (formerly the Minister of Industry) is responsible for regulation under the Act.


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