Vol. 149, No. 15 — July 29, 2015

Registration

SOR/2015-199 July 20, 2015

TELECOMMUNICATIONS ACT

Regulations Amending the 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 Regulations Amending the Unsolicited Telecommunications Fees Regulations, substantially in the annexed form, was published on the website of the Canadian Radio-television and Telecommunications Commission on April 14, 2015 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 Regulations Amending the Unsolicited Telecommunications Fees Regulations.

Gatineau, July 17, 2015

JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING THE UNSOLICITED TELECOMMUNICATIONS FEES REGULATIONS

AMENDMENTS

1. Subsection 2(1) of the French version of the Unsolicited Telecommunications Fees Regulations (see footnote 1) is replaced by the following:

Droits

2. (1) Toute personne qui s’abonne à la Liste nationale de numéros de télécommunication exclus verse au Conseil les droits à payer en application des articles 3 et 4.

2. (1) Subsection 3(1) of the Regulations is replaced by the following:

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 that corresponds to each of the person’s subscription types set out in column 1 of

(2) Paragraph 3(2)(b) of the French version of the Regulations is replaced by the following:

3. (1) Subsection 4(1) of the English version of the Regulations is replaced by the following:

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 fiscal year, the fees payable by a person for that fiscal year are equal to the amounts paid by them under that subsection.

(2) The portion of subsection 4(2) of the English version of the Regulations before the formula is replaced by the following:

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 fiscal year, the fees payable by a person for that fiscal year are equal to the amount determined by the formula

(3) The marginal note to subsection 4(2) of the French version of the Regulations is replaced by “Droits à payer — sommes supérieures aux coûts”.

(4) Subsections 4(3) and (4) of the Regulations are replaced by the following:

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 fiscal 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 fiscal 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.

4. The schedule to the Regulations is replaced by the Schedules 1 to 3 set out in the schedule to these Regulations.

COMING INTO FORCE

5. These Regulations come into force on August 1, 2015.

SCHEDULE
(Section 4)

SCHEDULE 1
(Paragraph 3(1)(a))

AMOUNTS TO BE PAID (AUGUST 1, 2015 TO MARCH 31, 2016)
Item Column 1

Subscription type		 Column 2

Amount ($)
1. Annual  
  • (a) all area codes
  • (b) single area code
 18,793
1,124
2. 6-month  
  • (a) all area codes
  • (b) single area code
 11,438
585
3. 3-month  
  • (a) all area codes
  • (b) single area code
 6,178
299
4. Monthly  
  • (a) all area codes
  • (b) single area code
 2,088
100

SCHEDULE 2
(Paragraph 3(1)(b))

AMOUNTS TO BE PAID (APRIL 1, 2016 TO MARCH 31, 2017)
Item Column 1

Subscription type		 Column 2

Amount ($)
1. Annual  
  • (a) all area codes
  • (b) single area code
 20,672
1,236
2. 6-month  
  • (a) all area codes
  • (b) single area code
 12,582
644
3. 3-month  
  • (a) all area codes
  • (b) single area code
 6,796
329
4. Monthly  
  • (a) all area codes
  • (b) single area code
 2,297
110

SCHEDULE 3
(Paragraph 3(1)(c))

AMOUNTS TO BE PAID (ON OR AFTER APRIL 1, 2017)
Item Column 1

Subscription type		 Column 2

Amount ($)
1. Annual  
  • (a) all area codes
  • (b) single area code
 21,706
1,298
2. 6-month  
  • (a) all area codes
  • (b) single area code
 13,211
676
3. 3-month  
  • (a) all area codes
  • (b) single area code
 7,135
344
4. Monthly  
  • (a) all area codes
  • (b) single area code
 2,412
115

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The purpose of the amendments to the Unsolicited Telecommunications Fees Regulations is to provide for revised fees to administer the Commission’s unsolicited telecommunications regime. The revised fees are effective August 1, 2015, April 1, 2016, and April 1, 2017. These amendments also correct some inconsistencies between the English and French versions of the Regulations.