International Submarine Cable Licences Regulations

Contents

Whereas, pursuant to subsection 22(4) of the Telecommunications Act, a copy of the proposed International Submarine Cable Licences Regulations, substantially in the form set out in the annexed regulations, was published in the Canada Gazette, Part I, on July 25, 1998 and a reasonable opportunity was thereby given to interested persons to make representations to the Minister of Industry with respect to the proposed Regulations;^noteTherefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 22(2) of the Telecommunications Act, hereby makes the annexed International Submarine Cable Licences Regulations.

Interpretation

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The definitions in this section apply in these Regulations.

Act means the Telecommunications Act. (Loi)

terminating cable licence means an international submarine cable licence issued, amended or renewed under section 19 of the Act for the construction or operation of an international submarine cable landing in Canada, including its associated works or facilities, that extends between any place in Canada and any place outside Canada and is connected or is intended to be connected to telecommunications facilities in Canada. (licence de câble terminal)

through cable licence means an international submarine cable licence issued, amended or renewed under section 19 of the Act for the construction or operation of an international submarine cable, including its associated works or facilities, that extends through Canada between places outside Canada and does not connect to telecommunications facilities in Canada. (licence de câble de transit)

Classes of Licences

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Subject to section 3, a person may hold the following classes of international submarine cable licences:

(a)a terminating cable licence; and

(b)a through cable licence.

Eligibility

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A person is eligible to hold a terminating cable licence if the person controls the administration and operation of the international submarine cable in respect of which the licence is to be issued, including its associated works or facilities.

Applications

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In regulation 6(1)(a) (Competent Control Authority) there shall be added at the end the words “ and the requirements and standards set out in paragraph 9B of the Schedule ”.

(1)An applicant for a terminating cable licence or a through cable licence shall file a written application with the Minister that includes the following information:

(a)the name of the applicant;

(b)the address of the head office of the applicant or, in the absence of a head office in Canada, the address in Canada where service on the applicant may be effected;

(c)if the applicant is a corporation, the province, state or country where the applicant was incorporated and the date of incorporation;

(d)the origin and intended route of the international submarine cable and, in the case of an application for a terminating cable licence, the points where the cable will connect to telecommunications facilities in Canada;

(e)documentation indicating compliance with the requirements set out in the Canadian Environmental Assessment Act;

(f)the term being requested for the licence, which may not exceed 10 years; and

(g)information relating to the capital costs and technical capabilities of the international submarine cable and its associated works or facilities.

(2)Where more than one person is a party to the construction or operation of an international submarine cable in respect of which an application for a terminating cable licence or for a through cable licence is being made, the application shall include for each party, the information referred to in paragraphs (1)(a) to (c).

Fees

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An applicant shall pay, at the time of filing the application, a fee of $100 for the first year of the term of the licence.

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(1)The fee for each subsequent year of the term of the licence is $100.

(2)The licensee shall pay the fee to the Minister annually, on or before the anniversary of the date of issue of the licence.

Repeal

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[Repeal]

Coming into Force

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These Regulations come into force on the day on which they are registered.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.