Treasury Board of Canada Secretariat
www.tbs-sct.gc.ca
Common menu bar links
Breadcrumb Trail
ARCHIVED - Canadian Radio-television and Telecommunications Commission
This page has been archived.
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
Table 12: User Fees
| Name of User Fee | Fee Type | Fee-setting Authority | Reason for Planned Introduction of or Amendment to Fee | Effective Date of Planned Change |
Consultation and Review Process Planned (Note 2 & 3) |
|---|---|---|---|---|---|
| Telecom-munications Fees (Note 1) | Regulatory Service(R) | Telecommunications Act (Section 68) Telecommunications Fees Regulations, 1995 |
Part VII application to revise Telecom Fee Regulations (Note 4) | To be determined | Full public consultation. See "Explanation of Revenue" for further information. Telecom Decision CRTC 2006-71 and Telecom Public Notice CRTC 2008-13. |
| Broadcasting Licence Fees (Note 1) | Regulatory Service (R) Right and Privilege (R&P) |
Part I licence fee Broadcasting Act (Section 11) Broadcasting Licence Fee Regulations, 1997 Part II licence fee Broadcasting Act (Section 11) Broadcasting Licence Fee Regulations, 1997 |
Note 5 | Note 5 | Note 5 |
Note 1 The Broadcasting Licence Fee Regulations, 1997 and the Telecommunications Fees Regulations, 1995 can be found on the CRTC website at: www.crtc.gc.ca/eng/LEGAL/LICENCE.HTM (broadcasting) and www.crtc.gc.ca/eng/LEGAL/TFEES.HTM (telecommunications)
Note 2 Full public consultations occur with each change to the Telecommunications Fee Regulations or the Broadcasting Licence Fee Regulations.
Note 3 The CRTC’s dispute-resolution process regarding the assessment of broadcasting licence fees and telecommunications fees is summarized as follows:
Note 4 Aliant Telecom Inc. and Bell Canada (8657-A53-200606692 ) filed an application dated May 26, 2006, pursuant to Part VII of the CRTC Telecommunications Rules of Procedure, requesting that the Commission revise the regulations regarding telecommunications fees and, in particular, the basis on which telecommunications fees are
determined and levied. In Telecom Decision CRTC 2006-71 dated November 6, 2006, the Commission indicated that it would initiate changes to the Telecommunications Fees Regulations, 1995 so the telecommunications service providers, including those not required to file tariffs, would pay fees using the same approach that applies under the existing contribution regime. The Commission has
initiated government inter-departmental deliberations and begun the process to draft wording changes to the fees regulations.
During the deliberations, the Commission received conflicting legal opinion with respect to the application of the User Fees Act to the proposed changes to the fee regulations. The Commission has reopened the proceeding and initiated a reference to the Federal Court of Appeal. Further details are available in the Telecom Public Notice CRTC 2008-13 dated October 15, 2008 (www.crtc.gc.ca/eng/archive/2008/pt2008-13.htm).
Note 5 A Federal Court Trial Division decision rendered on December 14, 2006, declared Part II licence fees to be a tax. On December 4 and 5, 2007, the Federal Court of Appeal heard appeals on this decision. On April 28, 2008, the Federal Court of Appeal overturned the earlier ruling of the Federal Court Trial Division and declared that the Part II licence fees are valid regulatory charges and not a tax. In June 2008, the plaintiffs filed applications for leave to appeal to the Supreme Court of Canada. On December 18, 2008, the Supreme Court of Canada granted the applications for leave to appeal.
