Regulations Repealing the Telecommunications Apparatus Regulations (Miscellaneous Program): SOR/2018-62

Canada Gazette, Part II: Volume 152, Number 8

Registration

March 27, 2018

TELECOMMUNICATIONS ACT

P.C. 2018-341 March 26, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 69.4 ^footnotea of the Telecommunications Act ^footnoteb, makes the annexed Regulations Repealing the Telecommunications Apparatus Regulations (Miscellaneous Program).

Regulations Repealing the Telecommunications Apparatus Regulations (Miscellaneous Program)

Repeal

1 The Telecommunications Apparatus Regulations ^footnote1 are repealed.

Coming into Force

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Following the coming into force of recent amendments to the Telecommunications Act (the Act) on September 30, 2015, the Telecommunications Apparatus Regulations (TARs) are now obsolete and should be repealed.

Objectives

The objective of this proposal is to eliminate the TARs, which are now obsolete. This will help to reduce uncertainty regarding the approval process used by Innovation, Science and Economic Development Canada (ISED) for telecommunications apparatus being imported, distributed and sold in Canada.

Description

Telecommunications apparatus are typically understood as a type of equipment that connects to the telephone system via a physical line and includes landline telephones, fax machines, all-in-one devices and network equipment such as modems. ISED sets standards in terms of such things as power levels in order to ensure compatibility with the wired telephone system.

Since coming into force in 2001, the TARs have been the instrument used by ISED to approve telecommunications apparatus sold in Canada. The TARs allowed for telecommunications apparatus to be exempted from the Act’s requirement that manufacturers obtain a technical acceptance certificate (TAC) from ISED before importing, distributing and selling any such devices in Canada. Instead, in accordance with the TARs, once manufacturers submitted a Declaration of Conformity asserting the apparatus complies with technical requirements established by the Minister of Industry, the apparatus in question was added to the Terminal Equipment List. This process streamlined regulations for Canadian manufacturers and allowed Canada to meet its international obligations vis-à-vis various Mutual Recognition Agreements.

In 2014, following recommendations made by the Standing Joint Committee for the Scrutiny of Regulations, amendments to the Act were made to clarify the Minister’s legislative authority to implement this streamlined approach. These amendments included the removal of the requirement for a technical acceptance certificate. As a result, the TARs, which were intended for purposes of administering the technical acceptance certificates, are now obsolete. As such, the TARs are to be repealed.

“One-for-One” Rule

The “One-for-One” Rule applies, as the TARs will be repealed and considered to be an “OUT.” There is no change in administrative burden associated with this repeal.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Rationale

Amendments to the Act, which received royal assent in December 2014, as part of the Economic Action Plan 2014 Act, No. 2, came into force on September 30, 2015. The amendments eliminated all references to TACs in the Act, which are no longer required for manufacturers for purposes of importing, distributing and selling telecommunications equipment in Canada. Since then, the TARs, which were used to exempt these devices from requiring technical acceptance certificates, are no longer required.

Repealing the TARs, which are obsolete, will ensure there is no uncertainty regarding the regulation of telecommunications apparatus sold in Canada.

Contact