Telecommunications Act (S.C. 1993, c. 38)

Marginal note:Conditional decisions

• 61. (1) The Commission may, in any decision, provide that the whole or any portion of the decision shall come into force on, or remain in force until, a specified day, the occurrence of a specified event, the fulfilment of a specified condition, or the performance to the satisfaction of the Commission, or of a person named by it, of a requirement imposed on any interested person.

• Marginal note:Interim decisions

  (2) The Commission may make an interim decision and may make its final decision effective from the day on which the interim decision came into effect.

• Marginal note:Ex parte decisions

  (3) The Commission may make an ex parte decision where it considers that the circumstances of the case justify it.

Marginal note:Review of decisions

62. The Commission may, on application or on its own motion, review and rescind or vary any decision made by it or re-hear a matter before rendering a decision.

Marginal note:Enforcement in Federal Court

• 63. (1) A decision of the Commission may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision.

• Marginal note:Procedure

  (2) A decision of the Commission may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by the secretary to the Commission.

• Marginal note:Effect of revocation or amendment

  (3) Where a decision of the Commission that has been made an order of a court is rescinded or varied by a subsequent decision of the Commission, the order of the court is vacated and the decision of the Commission as varied may be made an order of the court in accordance with subsection (2).

• Marginal note:Saving

  (4) The Commission may enforce any of its decisions whether or not the decision has been made an order of a court.

Marginal note:Appeal to Federal Court of Appeal

• 64. (1) An appeal from a decision of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.

• Marginal note:Application for leave

  (2) Leave to appeal shall be applied for within thirty days after the date of the decision appealed from or within such further time as a judge of the Court grants in exceptional circumstances, and the costs of the application are in the discretion of the Court.

• Marginal note:Notice

  (3) Notice of an application for leave to appeal shall be served on the Commission and on each party to the proceedings appealed from.

• Marginal note:Time limit for appeal

  (4) An appeal shall be brought within sixty days after the day on which leave to appeal is granted.

• Marginal note:Findings of fact

  (5) On an appeal, the Court may draw any inference that is not inconsistent with the findings of fact made by the Commission and that is necessary for determining a question of law or jurisdiction.

• Marginal note:Argument by Commission

  (6) The Commission is entitled to be heard on an application for leave to appeal and at any stage of an appeal, but costs may not be awarded against it or any of its members.