Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Telecommunications Act. (Loi)

model

model means telecommunications apparatus identified by, and permanently marked with, a unique brand, trade name, symbol or logo and an identification code composed of letters, numbers or a combination of these. (modèle)

Technical Specifications

2 The technical specifications applicable to telecommunications apparatus or to any class of telecommunications apparatus are those established by the Minister pursuant to paragraph 69.3(1)(d) of the Act and set out in the document entitled Terminal Equipment — Technical Specifications List, as amended from time to time, published by the Department of Industry.

Certification Requirements

3 Every telecommunications apparatus, in respect of which the Minister has established technical specifications under paragraph 69.3(1)(d) of the Act, requires a technical acceptance certificate, unless, it is the subject of

• (a) a certificate issued by the Minister before the coming into force of these Regulations;

• (b) a certificate issued by a foreign certification body that is designated under an international agreement, convention or treaty respecting telecommunications apparatus to which Canada is a party and that is recognized by Canada under that agreement, convention or treaty as competent to certify telecommunications apparatus, to the effect that the telecommunication apparatus complies with the applicable technical specifications;

• (c) a declaration by the manufacturer, reseller, distributor, importer or other agent that the telecommunications apparatus complies with the applicable technical specifications; or

• (d) a certificate issued by a Canadian certification body that meets the requirements set out in the Requirements for Certification Bodies, as amended from time to time, published by the Department of Industry, to the effect that the telecommunications apparatus complies with the applicable technical specifications.

• 4 (1) A person who applies for a technical acceptance certificate shall demonstrate to the Minister, or to a person authorized by the Minister to issue a technical acceptance certificate on the Minister’s behalf, that the model or the models that are the subject of the application comply with the applicable technical specifications.

• (2) The Minister, or a person authorized to do so by the Minister, shall issue a technical acceptance certificate, if the Minister or that person determines that

  • (a) the model referred to in the application under subsection (1) complies with the applicable technical specifications; or

  • (b) the models referred to in the application under subsection (1) possess similar technical characteristics and comply with the applicable technical specifications.

Marking Requirements

• 5 (1) Every telecommunications apparatus shall be marked with markings established by the Minister under subsection 69.3(1) of the Act, unless markings were applied to it before the coming into force of these Regulations in accordance with the Minister’s instructions.

• (2) For greater certainty, subsection (1) does not preclude affixing markings for purposes other than the purposes of these Regulations.

• (3) No person shall remove, replace or alter any markings that have been affixed, in accordance with subsection (1), on telecommunications apparatus.

• (4) No person shall mark telecommunications apparatus in accordance with subsection (1) to indicate compliance with the applicable technical specifications unless the apparatus complies with those technical specifications.

• (5) No person shall mark or label or otherwise indicate how to modify telecommunications apparatus so that it will not comply with the applicable technical specifications.

Coming into Force

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