Vol. 147, No. 4 — February 13, 2013
Registration
SOR/2013-7 January 28, 2013
TELECOMMUNICATIONS ACT
Unsolicited Telecommunications Fees Regulations
Whereas, pursuant to subsection 41.21(3) (see footnote a) of the Telecommunications Act (see footnote b), a copy of the proposed Unsolicited Telecommunications Fees Regulations, substantially in the annexed form, was published on the website of the Canadian Radio-television and Telecommunications Commission on October 23, 2012 and a reasonable opportunity was given to interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 41.21(1) (see footnote c)of the Telecommunications Act (see footnote d), makes the annexed Unsolicited Telecommunications Fees Regulations.
Gatineau, Quebec, January 23, 2013
JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission
UNSOLICITED TELECOMMUNICATIONS FEES REGULATIONS
INTERPRETATION
- Definitions
-
1. The following definitions apply in these Regulations.
- “fiscal year”
« exercice » -
“fiscal year” means the period beginning on April 1 in one year and ending on March 31 in the next year.
- “National Do Not Call List”
« Liste nationale de numéros de télécommunication exclus » -
“National Do Not Call List” means the national do not call list established for the purposes of section 41 of the Telecommunications Act.
FEES
- Fees
-
2. (1) A person that subscribes to the National Do Not Call List must pay to the Commission the fees payable by them in accordance with sections 3 and 4.
- For greater certainty — rates
-
(2) For greater certainty, the fees referred to in subsection (1) are in addition to any rates that may be charged by a delegate under subsection 41.4(1) of the Telecommunications Act, including those that may be charged to subscribe to the National Do Not Call List.
- Amount to be paid on subscription
-
3. (1) On subscribing to the National Do Not Call List, a person must pay to the Commission, or to a person to whom the Commission has delegated the power to collect fees under subsection 41.3(1) of the Telecommunications Act, if applicable, the amount set out in column 2 of the schedule that corresponds to each of the person’s subscription types set out in column 1.
- Determination of fee payable
-
(2) No later than 90 days after the end of each fiscal year in which amounts are paid under subsection (1), the Commission or person to whom the Commission has delegated the power to collect fees under subsection 41.3(1) of the Telecommunications Act must
- (a) determine in accordance with subsection 4(1) or (2), as the case may be, the fees payable to the Commission by each person for that fiscal year; and
- (b) if those fees payable are less than the amounts paid by the person under subsection (1) in that fiscal year, refund to them the excess amount in accordance with subsection 4(3).
- Fees payable — amounts paid do not exceed costs
-
4. (1) If the total of all amounts paid under subsection 3(1) in a given fiscal year is less than or equal to the Commission’s telemarketing regulatory costs for that year, the fees payable by a person for that year are equal to the amounts paid by them under that subsection.
- Fees payable — amounts paid exceed costs
-
(2) If the total of all amounts paid under subsection 3(1) in a given fiscal year exceeds the Commission’s telemarketing regulatory costs for that year, the fees payable by a person for that year are equal to the amount determined by the formula
(A ⁄ B) × C
where
A is the amounts paid by the person under subsection 3(1) in the fiscal year;
B is the total of all amounts paid under subsection 3(1) in the fiscal year; and
C is the Commission’s telemarketing regulatory costs for the fiscal year.
- Refund
-
(3) The difference between the amounts paid by a person under subsection 3(1) in a fiscal year and the fees payable by them under subsection 4(2) for that year is, if it is at least five dollars, to be refunded to the person.
- Telemarketing regulatory costs
-
(4) The telemarketing regulatory costs of the Commission for a given fiscal year are the portion of the costs of the Commission’s activities for that year, as set out in the Commission’s Expenditure Plan published in Part III of the Estimates of the Government of Canada and, if applicable, the Supplementary Estimates of the Government of Canada, that are attributable to the Commission’s responsibilities under section 41.2 of the Telecommunications Act and that are not recovered under any regulation made under section 68 of that Act.
PUBLIC NOTICE
- Telemarketing regulatory costs
-
5. (1) The Commission is to publish, each year in a public notice in the Canada Gazette, Part I, its telemarketing regulatory costs.
- Total amounts paid
-
(2) The Commission is to publish, each year in a public notice, the total of all amounts paid under subsection 3(1) in the last completed fiscal year.
COMING INTO FORCE
- April 1, 2013
-
6. These Regulations come into force on April 1, 2013.
SCHEDULE
(Subsection 3(1))
AMOUNTS TO BE PAID
| Item |
Column 1 |
Column 2 |
|---|---|---|
1. |
Annual
|
|
2. |
6-month
|
|
3. |
3-month
|
|
4. |
Monthly
|
|
EXPLANATORY NOTE
(This note is not part of the Regulations.)
The purpose of making the Unsolicited Telecommunications Fees Regulations is to implement certain of the 2012 amendments to the Telecommunications Act. Accordingly, subscribers to the National Do Not Call List will pay fees as part of a cost-recovery regime for the Commission’s investigation and enforcement activities. This regime is described in detail in the Compliance and Enforcement Notice of Consultation CRTC 2012-588, titled Unsolicited Telecommunications Fees Regulations and dated October 23, 2012.
- Footnote a
S.C. 2012, c. 19, s. 597 - Footnote b
S.C. 1993, c. 38 - Footnote c
S.C. 2012, c. 19, s. 597 - Footnote d
S.C. 1993, c. 38