Telecommunications Act

An Act respecting telecommunications

Canada (Federal)· T-3.4· 712 sections· current to 2025-10-30In force

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Policy areas

Digital, Telecom & Media Economy, Business & Trade Democratic Institutions & Elections

Bills that amended this Act0

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Sections782

1Short title
This Act may be cited as the Telecommunications Act.
2Definitions
2(1)
In this Act,
2(1)[p3]
broadcasting undertaking has the same meaning as in subsection 2(1) of the Broadcasting Act; (entreprise de radiodiffusion)
2(1)[p4]
Canadian carrier means a telecommunications common carrier that is subject to the legislative authority of Parliament; (entreprise canadienne)
2(1)[p5]
Canadian telecommunications policy objectives means the objectives set out in section 7; (Version anglaise seulement)
2(1)[p6]
charge includes to receive in payment; (Version anglaise seulement)
2(1)[p7]
Commission means the Canadian Radio-television and Telecommunications Commission; (Conseil)
2(1)[p8]
control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, agreement or arrangement, the ownership of any body corporate or otherwise; (contrôle)
2(1)[p9]
decision includes a determination made by the Commission in any form; (décision)
2(1)[p10]
exempt transmission apparatus means any apparatus whose functions are limited to one or more of the following:
2(1)[p10](a)
the switching of telecommunications,
2(1)[p10](b)
the input, capture, storage, organization, modification, retrieval, output or other processing of intelligence, or
2(1)[p10](c)
control of the speed, code, protocol, content, format, routing or similar aspects of the transmission of intelligence; (appareil de transmission exclu)
2(1)[p14]
intelligence means signs, signals, writing, images, sounds or intelligence of any nature; (information)
2(1)[p15]
international submarine cable means a submarine telecommunications line that extends between Canada and any place outside Canada, or between places outside Canada through Canada, other than a line situated entirely under fresh water; (câble sous-marin international)
2(1)[p16]
international submarine cable licence means a licence issued under section 19; (licence de câble sous-marin international)
2(1)[p17]
Minister means the Minister of Industry; (ministre)
2(1)[p18]
person includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor; (personne)
2(1)[p19]
prescribed means prescribed by regulation; (Version anglaise seulement)
2(1)[p20]
public authority includes Her Majesty in right of Canada or a province; (administration publique)
2(1)[p21]
rate means an amount of money or other consideration and includes zero consideration; (tarif)
2(1)[p22]
special Act means an Act of Parliament respecting the operations of a particular Canadian carrier; (loi spéciale)
2(1)[p23]
telecommunications means the emission, transmission or reception of intelligence by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system; (télécommunication)
2(1)[p24]
telecommunications common carrier means a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation; (entreprise de télécommunication)
2(1)[p25]
telecommunications facility means any facility, apparatus or other thing that is used or is capable of being used for telecommunications or for any operation directly connected with telecommunications, and includes a transmission facility; (installation de télécommunication)
2(1)[p26]
telecommunications service means a service provided by means of telecommunications facilities and includes the provision in whole or in part of telecommunications facilities and any related equipment, whether by sale, lease or otherwise; (service de télécommunication)
2(1)[p27]
telecommunications service provider means a person who provides basic telecommunications services, including by exempt transmission apparatus; (fournisseur de services de télécommunication)
2(1)[p28]
transmission facility means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system, for the transmission of intelligence between network termination points, but does not include any exempt transmission apparatus. (installation de transmission)
2(2)Definition of network termination point
The Commission may define the expression network termination point for purposes of the definition transmission facility in subsection (1).
3Act binding on Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
4Broadcasting excluded
This Act does not apply in respect of broadcasting by a broadcasting undertaking.
4.1Digital news intermediaries excluded
4.1(1)
This Act does not apply in respect of the making available of news content on or by a digital news intermediary in respect of which the Online News Act applies.
4.1(2)Definitions
In this section, digital news intermediary and news content have the same meanings as in subsection 2(1) of the Online News Act.
4.1(3)Interpretation
For the purposes of this section, news content is made available if
4.1(3)(a)
the news content, or any portion of it, is reproduced; or
4.1(3)(b)
access to the news content, or any portion of it, is facilitated by any means, including an index, aggregation or ranking of news content.
5Application
A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act.
6Special Acts
The provisions of this Act prevail over the provisions of any special Act to the extent that they are inconsistent.
7Objectives
It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada’s identity and sovereignty and that the Canadian telecommunications policy has as its objectives
7(a)
to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions;
7(b)
to render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada;
7(c)
to enhance the efficiency and competitiveness, at the national and international levels, of Canadian telecommunications;
7(d)
to promote the ownership and control of Canadian carriers by Canadians;
7(e)
to promote the use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada;
7(f)
to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective;
7(g)
to stimulate research and development in Canada in the field of telecommunications and to encourage innovation in the provision of telecommunications services;
7(h)
to respond to the economic and social requirements of users of telecommunications services; and
7(i)
to contribute to the protection of the privacy of persons.
8Directions
The Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to the Canadian telecommunications policy objectives.
9Exemptions
9(1)
The Commission may, by order, exempt any class of Canadian carriers from the application of this Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives.
9(2)Inquiry and determination
The Commission may, on application by any interested person or on its own motion, inquire into and determine whether any condition of an exemption order has been complied with.
9(3)Interested persons
The decision of the Commission that a person is or is not an interested person is binding and conclusive.
10Publication of proposed order
10(1)
The Minister shall have an order proposed to be made under section 8 published in the Canada Gazette and laid before each House of Parliament, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order.
10(2)Consultation
The Minister shall consult the Commission with respect to an order proposed to be made under section 8 before it is published or laid under this section and shall consult the Commission again with respect to the order in its definitive form before it is made.
10(3)Transmittal and tabling of exemption orders
The Commission shall send to the Minister an order proposed to be made under section 9 and the Minister shall have the order laid before each House of Parliament.
10(4)Reference to committees
A proposed order laid before a House of Parliament stands referred to such committee as is designated by order of that House to receive such orders.
10(5)Modification after publication
A proposed order that is modified after publication need not be published again under subsection (1).
10(6)Making of order
After the fortieth sitting day of Parliament following the first day on which a proposed order has been laid before both Houses, the Governor in Council or the Commission, as the case may be, may make the order either as proposed or with any modifications the Governor in Council or the Commission considers advisable.
10(7)Tabling of orders
After an order is made under section 8, the Minister shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made.
10(8)Transmittal and tabling of exemption orders
After an order is made under section 9, the Commission shall immediately send it to the Minister who shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is sent.
10(9)Meaning of sitting day
For the purposes of this section, a sitting day is a day on which either House of Parliament is sitting.
11Effect of order
11(1)
An order made under section 8 is binding on the Commission beginning on the day on which the order comes into force.
11(2)Pending matters
Subject to subsection (3), an order made under section 8 shall, if it so provides, apply in respect of matters pending before the Commission on the day on which the order comes into force.
11(3)Idem
An order made under section 8 does not apply in respect of a matter pending before the Commission on the day on which the order comes into force if
11(3)(a)
final submissions have been filed in respect of that matter; and
11(3)(b)
less than one year has expired since the period for filing final submissions ended.
12Variation, rescission or referral
12(1)
Within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within ninety days after the decision, or on the Governor in Council’s own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it.
12(2)Copy of petition to Commission
A person who presents a petition to the Governor in Council shall, at the same time, send a copy of the petition to the Commission.
12(3)Copies to other parties
On receipt of a petition, the Commission shall send a copy of it to each person who made any oral representation to the Commission in relation to the decision that is the subject of the petition.
12(4)Notice of petition
On receipt of a petition, the Minister shall publish in the Canada Gazette a notice of its receipt indicating where the petition and any petition or submission made in response to it may be inspected and copies of them obtained.
12(5)Order for reference back
An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing
12(5)(a)
shall set out the details of any matter that the Governor in Council considers to be material to the reconsideration; and
12(5)(b)
may specify a date before which the Commission shall complete its reconsideration.
12(6)Reconsideration
The Commission shall, before any date specified under paragraph (5)(b), reconsider a decision referred back to it under subsection (1) and may confirm, vary or rescind the decision.
12(7)Variation or rescission by Governor in Council
Where the Commission confirms or varies a decision under subsection (6) or does not complete its reconsideration of the decision before any date specified under paragraph (5)(b), the Governor in Council may, by order, vary or rescind the decision within ninety days after the confirmation or variation of the decision or the specified date, as the case may be.
12(8)Reasons
In an order made under subsection (1) or (7), the Governor in Council shall set out the reasons for making the order.
13Provincial consultation
The Minister, before making a recommendation to the Governor in Council for the purposes of any order under section 8 or 12, or before making any order under section 15, shall notify a minister designated by the government of each province of the Minister’s intention to make the recommendation or the order and shall provide an opportunity for each of them to consult with the Minister.
14Report
The Governor in Council may require the Commission to make a report on any matter within the Commission’s jurisdiction under this Act or any special Act.
15Technical standards
15(1)
The Minister may, where the Minister is satisfied that to do so will further the Canadian telecommunications policy objectives, by order made after consultation with the Commission, establish standards in respect of the technical aspects of telecommunications and require the Commission to give effect to them.
16(1)[p85]
15(2)Incorporation by reference
An order that incorporates a standard by reference may incorporate it as amended from time to time.
16(1)[p86]
15(3)Publication of proposed orders
Any order proposed to be made under this section shall be published in the Canada Gazette at least sixty days before its proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order.
16(1)[p87]
15(4)Modification after publication
A proposed order that is modified after publication need not be published again under subsection (3).
16(1)[p87](a)
16Definitions
16(1)[p87](b)
16(1)
The following definitions apply in this section.
16(1)[p87](c)
16(1)[p91]
entity means a corporation, partnership, trust or joint venture. (entité)
16(1)[p92]
joint venture means an association of two or more entities, if the relationship among those associated entities does not, under the laws in Canada, constitute a corporation, a partnership or a trust and if all the undivided ownership interests in the assets of the Canadian carrier or in the voting interests of the Canadian carrier are or will be owned by all the entities that are so associated. (coentreprise)
16(1)[p93]
voting interest, with respect to
16(1)[p93](a)
a corporation with share capital, means a voting share;
16(1)[p93](b)
a corporation without share capital, means an ownership interest in the assets of the corporation that entitles the owner to rights similar to those enjoyed by the owner of a voting share; and
16(1)[p93](c)
a partnership, trust or joint venture, means an ownership interest in the assets of the partnership, trust or joint venture that entitles the owner to receive a share of the profits and to share in the assets on dissolution. (intérêt avec droit de vote)
16(2)Eligibility
A Canadian carrier is eligible to operate as a telecommunications common carrier if
16(2)(a)
it is an entity incorporated, organized or continued under the laws of Canada or a province and is Canadian-owned and controlled;
16(2)(b)
it owns or operates only a transmission facility that is referred to in subsection (5); or
16(2)(c)
it has annual revenues from the provision of telecommunications services in Canada that represent less than 10% of the total annual revenues, as determined by the Commission, from the provision of telecommunications services in Canada.
16(3)Canadian ownership and control
For the purposes of paragraph (2)(a), an entity is Canadian-owned and controlled if
16(3)(a)
in the case of a corporation, not less than 80% of the members of the board of directors are individual Canadians;
16(3)(b)
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; and
16(3)(c)
the entity is not otherwise controlled by persons that are not Canadians.
16(4)Prohibition
No Canadian carrier shall operate as a telecommunications common carrier unless it is eligible under this section to operate as such.
16(5)Exemption
Paragraph (2)(a) and subsection (4) do not apply in respect of the ownership or operation of
16(5)(a)
international submarine cables;
16(5)(b)
earth stations that provide telecommunications services by means of satellites; or
16(5)(c)
satellites.
16(6)Exception
A Canadian carrier that is eligible to operate under paragraph (2)(c) remains eligible to operate even if it has annual revenues from the provision of telecommunications services in Canada that represent 10% or more of the total annual revenues from the provision of telecommunications services in Canada as long as the increase in its annual revenues from the provision of telecommunications services in Canada to 10% or more of the total annual revenues from the provision of telecommunications services in Canada did not result from the acquisition of control of another Canadian carrier or from the acquisition of assets used by another Canadian carrier to provide telecommunications services.
16(7)Acquisition
A Canadian carrier to which subsection (6) applies is not authorized to acquire control of a Canadian carrier or acquire assets used by another Canadian carrier to provide telecommunications services.
16(8)Notice
A Canadian carrier that is eligible to operate under paragraph (2)(c) shall notify the Commission when it acquires control of another Canadian carrier or acquires assets used by another Canadian carrier to provide telecommunications services.
16(9)Affiliates
For the purposes of determining annual revenues from the provision of telecommunications services in Canada under this section, the annual revenues of a Canadian carrier include the annual revenues from the provision of telecommunications services in Canada of its affiliates as defined in subsection 35(3).
16.1Licence required — classes of telecommunications service providers
16.1(1)
No telecommunications service provider that is of a class specified by the Commission shall provide international telecommunications services except in accordance with an international telecommunications service licence.
16.1(2)Licence required — classes of service
No telecommunications service provider shall, except in accordance with an international telecommunications service licence, provide international telecommunications services that are within a class of telecommunications services specified by the Commission.
16.2Application
An application for the issuance, renewal or amendment of an international telecommunications service licence must be made in the form and manner and with the information specified by the Commission, and be accompanied by the fee prescribed under subsection 68(1).
16.3Issuance of licences
16.3(1)
The Commission may, on application, issue an international telecommunications service licence.
16.3(2)Conditions
The Commission may, in respect of international telecommunications services,
16.3(2)(a)
establish licence conditions in respect of classes of telecommunications service providers or classes of international telecommunications services; and
16.3(2)(b)
include in a licence conditions that are related to the circumstances of the licensee and that the Commission considers appropriate.
16.3(3)Amendment
The Commission may, on application by any interested person or on its own motion, amend any conditions of a licence.
16.3(4)Term
The term of a licence may not exceed ten years on its issuance or renewal.
16.3(5)Renewal
A licence may be renewed on application by the licensee.
16.3(6)Transfer
A licence is not transferable except with the consent of the Commission.
16.4Suspension and revocation of telecommunications service licences
16.4(1)
The Commission may suspend or revoke an international telecommunications service licence whenever the Commission believes on reasonable grounds that the licensee has contravened this Act, the regulations or any condition of the licence, but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Commission.
16.4(2)Consent of licensee
The Commission may suspend or revoke a licence with the consent of, or on application by, the licensee.
17Licence required
No person shall construct or operate an international submarine cable or construct or operate any works or facilities for the purpose of operating an international submarine cable except in accordance with an international submarine cable licence that has been issued to the person and that the person remains eligible under the regulations to hold.
18Application
An application for the issuance, renewal or amendment of an international submarine cable licence must be made in the prescribed form and manner and be accompanied by the prescribed information and the prescribed fee or a fee calculated in the prescribed manner.
19Issuance of licences
19(1)
The Minister may, on application, issue an international submarine cable licence to a person who is eligible under the regulations to hold the licence.
19(2)Conditions
An international submarine cable licence may contain such conditions as the Minister considers are consistent with the Canadian telecommunications policy objectives.
19(3)Term
The term of an international submarine cable licence may not exceed ten years on issuance of the licence or on renewal.
19(4)Amendment, renewal and transfer
An international submarine cable licence may be amended or renewed on application by the licensee, but a licence is not transferable except with the consent of the Minister.
20Suspension and revocation of licences
20(1)
The Minister may suspend or revoke an international submarine cable licence whenever the Minister believes on reasonable grounds that the licensee has ceased to be eligible under the regulations or has contravened this Act, the regulations or any condition of the licence but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Minister.
20(2)Idem
The Minister may suspend or revoke an international submarine cable licence on application made by or with the consent of the licensee.
21Supporting affidavit
The Minister may require the furnishing of an affidavit or a solemn declaration attesting to the authenticity of any document provided under this Part or the regulations, or to the truth of any fact stated in any such document or in any application submitted under this Part.
22Regulations
22(1)
The Governor in Council may, in relation to Canadian carriers’ eligibility under section 16 to operate as telecommunications common carriers, make regulations
22(1)(a)
respecting information that is to be provided, the persons by whom and to whom it is to be provided, the manner in which and the time within which it is to be provided and the consequences of failing to provide it;
22(1)(b)
respecting the circumstances and the manner in which a Canadian carrier, in order to maintain its eligibility, may control the acquisition and ownership of its voting shares, restrict, suspend or refuse to recognize ownership rights in respect of those shares and require holders of those shares to dispose of them;
22(1)(c)
authorizing the board of directors of a Canadian carrier to pay a dividend or to make any other distribution with respect to voting shares that would otherwise be prohibited because the shares were held in contravention of section 16 or any regulations made under this subsection where, in the board’s opinion, the contravention was inadvertent or of a technical nature or it would be otherwise inequitable not to pay the dividend or make the distribution;
22(1)(d)
respecting the circumstances and the manner in which a Canadian carrier may restrict voting rights attached to shares, or suspend or void the exercise of those rights, in order to maintain its eligibility;
22(1)(e)
respecting the circumstances and the manner in which a Canadian carrier may
22(1)(e)(i)
sell, redeem or purchase shares held contrary to section 16 or any regulations made under this subsection, and
22(1)(e)(ii)
deal with the proceeds of sale and reimburse any purchasers of the shares in good faith;
22(1)(f)
respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance;
22(1)(g)
respecting the verification by the Commission of a Canadian carrier’s eligibility, the measures the Commission may take to maintain the carrier’s eligibility, including exercising the powers of the carrier’s board of directors and countermanding its decisions, and the circumstances and manner in which the Commission may take those measures;
22(1)(h)
respecting the circumstances and manner in which the Commission and its members, officers or employees, or its agents or mandataries, or a Canadian carrier and its directors, officers and employees, and its agents or mandataries, may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility;
22(1)(i)
defining the words successor and Canadian for the purposes of section 16; and
22(1)(j)
prescribing anything that is to be prescribed and generally for carrying out the purposes and provisions of section 16 and this subsection.
22(2)Idem
The Governor in Council may, in relation to international submarine cable licences, make regulations
22(2)(a)
prescribing the procedure governing applications for licences, including the form of applications, the information to accompany them and the manner of filing, processing and disposing of them;
22(2)(b)
respecting the form of licences and the information they must include and requiring licensees to publish or otherwise make them available for public inspection;
22(2)(c)
prescribing classes of international submarine cable licences and determining the persons eligible to hold licences of any particular class;
22(2)(d)
prescribing fees, or the manner of calculating fees, in respect of licences and prescribing the manner in which the fees are to be paid; and
22(2)(e)
generally for carrying out the purposes and provisions of sections 17 to 20.
22(3)Liability for fees
Fees required to be paid under this Part constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.
22(4)Publication of proposed regulations
Any regulations proposed to be made under this section shall be published in the Canada Gazette at least sixty days before their proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed regulations.
22(5)Idem
Proposed regulations that are modified after publication need not be published again under subsection (4).
23Meaning of telecommunications service
For the purposes of this Part and Part IV, telecommunications service has the same meaning as in section 2 and includes any service that is incidental to the business of providing telecommunications services.
24Conditions of service
The offering and provision of any telecommunications service by a Canadian carrier are subject to any conditions imposed by the Commission or included in a tariff approved by the Commission.
24.1Conditions of service — person other than Canadian carrier
The offering and provision of any telecommunications service by any person other than a Canadian carrier are subject to any conditions imposed by the Commission, including those relating to
24.1(a)
service terms and conditions in contracts with users of telecommunications services;
24.1(b)
protection of the privacy of those users;
24.1(c)
access to emergency services; and
24.1(d)
access to telecommunications services by persons with disabilities.
24.2Definition of fixed broadband service
24.2(1)
In this section, fixed broadband service means any high-speed data transmission service provided to a fixed location using cable, fibre optics, wireless access, satellite or any similar transmission system.
24.2(2)Information required
A Canadian carrier that offers fixed broadband services shall make the following information available to the public, in the form and manner specified by the Commission:
24.2(2)(a)
service quality metrics during peak periods;
24.2(2)(b)
typical download and upload speeds during peak periods; and
24.2(2)(c)
any other information required by the Commission that is in the public’s interest.
24.2(3)Public hearings
For the purposes of subsection (2), the Commission shall hold public hearings to determine the following:
24.2(3)(a)
the service quality metrics that are to be measured and the manner in which they will be measured, as well as the methodology that is to be used to ensure that those metrics are representative of the different fixed broadband services packages offered in different regions across Canada;
24.2(3)(b)
the methodology that is to be used to determine what constitutes typical download and upload speeds for different fixed broadband services packages offered in different regions across Canada;
24.2(3)(c)
the periods that are to be considered peak periods;
24.2(3)(d)
the types of Canadian carriers, if any, that should be excluded, in whole or in part, from the application of subsection (2);
24.2(3)(e)
the types of transmission systems in respect of which the information referred to in subsection (2) is to be provided;
24.2(3)(f)
the form and manner in which the information referred to in subsection (2) is to be provided to the public to ensure that it is easily available, accessible and simple to understand; and
24.2(3)(g)
the measures that are to be taken, including in respect of compliance monitoring and enforcement, to ensure that the ﬁxed broadband services provided by Canadian carriers reﬂect the information made available under subsection (2).
25Telecommunications rates to be approved
25(1)
No Canadian carrier shall provide a telecommunications service except in accordance with a tariff filed with and approved by the Commission that specifies the rate or the maximum or minimum rate, or both, to be charged for the service.
25(2)Filing of joint tariffs
A joint tariff agreed on by two or more Canadian carriers may be filed by any of the carriers with an attestation of the agreement of the other carriers.
25(3)Form of tariffs
A tariff shall be filed and published or otherwise made available for public inspection by a Canadian carrier in the form and manner specified by the Commission and shall include any information required by the Commission to be included.
25(4)Special circumstances
Notwithstanding subsection (1), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate
25(4)(a)
was charged because of an error or other circumstance that warrants the ratification; or
25(4)(b)
was imposed in conformity with the laws of a province before the operations of the carrier were regulated under any Act of Parliament.
26Effective date of tariff
Within forty-five business days after a tariff is filed by a Canadian carrier, the Commission shall
26(a)
approve the tariff, with or without amendments, or substitute or require the carrier to substitute another tariff for it;