Unsolicited Telecommunications Fees Regulations

Marginal note:Fees payable — amounts paid do not exceed costs

• 4 (1) If the total of all amounts paid under subsection 3(1) in a given fiscal year is less than or equal to the Commission’s telemarketing regulatory costs for that fiscal year, the fees payable by a person for that fiscal year are equal to the amounts paid by them under that subsection.

• Marginal note:Fees payable — amounts paid exceed costs

  (2) If the total of all amounts paid under subsection 3(1) in a given fiscal year exceeds the Commission’s telemarketing regulatory costs for that fiscal year, the fees payable by a person for that fiscal year are equal to the amount determined by the formula

  (A / B) × C

  where

  A

  is the amounts paid by the person under subsection 3(1) in the fiscal year;

  B

  is the total of all amounts paid under subsection 3(1) in the fiscal year; and

  C

  is the Commission’s telemarketing regulatory costs for the fiscal year.

• Marginal note:Refund

  (3) The difference between the amounts paid by a person under subsection 3(1) in a fiscal year and the fees payable by them under subsection 4(2) for that fiscal year is, if it is at least five dollars, to be refunded to the person.

• Marginal note:Telemarketing regulatory costs

  (4) The telemarketing regulatory costs of the Commission for a given fiscal year are the portion of the costs of the Commission’s activities for that fiscal year, as set out in the Commission’s Expenditure Plan published in Part III of the Estimates of the Government of Canada and, if applicable, the Supplementary Estimates of the Government of Canada, that are attributable to the Commission’s responsibilities under section 41.2 of the Telecommunications Act and that are not recovered under any regulation made under section 68 of that Act.