Emergency 911 Cost Recovery Fee Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/e911cost.htm

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Emergency 911 Cost Recovery Fee Regulations
made under Section 14 of the

Emergency “911” Act

S.N.S. 1992, c. 4

O.I.C. 2001-44 (February 2, 2001), N.S. Reg. 8/2001


1     These regulations may be cited as the Emergency 911 Cost Recovery Fee Regulations.


2     In these regulations,


                (a)    “Act” means the Emergency “911” Act;


                (b)    “Competitive Local Exchange Carrier” or “CLEC” means a company thatprovides local telecommunication services in competition with the ILEC in theProvince;


                (c)    “E911” means enhanced 911 and relates to the establishment by the Act of“911" as the primary emergency telephone number for use in the Province andthe Province-wide system for the reporting of emergencies to emergencyservices agencies;


                (d)    “E911 cost recovery fee” means the monthly fee prescribed in Section 3 inconnection with the provision of E911 Services;


                (e)    “E911 Cost Recovery Committee” or “Committee” means the committeeestablished in Section 6;


                (f)    “E911 Cost Recovery Fund” or “Fund” means the fund established in Section5;


                (g)    “E911 Services” means those services and materials provided by or on behalfof the Province related to the answering of an E911 call at a PSAP and thesubsequent processing, routing or transfer of the call or related information toan emergency service agency, including but not limited to E911 equipment,operation and administration of the E911 program, public information andeducation, civic address database management, development of operatingprocedures and policies, and the costs, services and equipment of relatedprograms;


                (h)    “E911 System” means a telephone emergency system for the reporting ofemergencies to public safety and emergency service agencies whichautomatically connects a person dialing the digits 9-1-1 to a PSAP throughtelephone network facilities;


                (i)     “fiscal year” means the period from and including April 1 to and includingMarch 31 in the next year;


                (j)     “Incumbent Local Exchange Carrier” or “ILEC” means a company thatprovides local telecommunication services and that operates the E911 platformor switching station that connects the Province at its designated PSAPs, which,at the coming into force of these regulations is Maritime or its successors orassigns;


                (k)    “Minister” means the Minister of Justice;
[Note: the reference to the Minister has been updated in accordance with Order in Council 2011-147 under the Public Service Act, R.S.N.S. 1989, c. 376, which transfers responsibility for emergency management to the Department of Justice and the Minister of Justice, effective April 19, 2011.]

                (l)     “PSAP” means a public safety answering point including a primary orsecondary public safety answering point;


                (m)   “Telecommunications Carrier” or “TC” includes the ILEC, CLECs, andWireless Service Providers;


                (n)    “TC Subscriber” means


                         (i)     an end user subscriber who is located within the Province’s boundariesand who subscribes to the exchange service of the ILEC or any CLEC,or,


                         (ii)    in the case of wireless technology, an end user subscriber who isassigned a telephone number associated with a geographic locationwithin the Province’s boundaries and who subscribes to a WSP accessservice;


                (o)    “Wireless Service Provider” or “WSP” means a provider of wirelesstelecommunications services that is registered to conduct business in theProvince and whose wireless telecommunications services include access toE911 Services.

E911 cost recovery fee

3     (1)    The E911 cost recovery fee is hereby established to recover the Province’s costs inconnection with the provision of E911 Services.


       (2)    The amount of the fee is $0.43 per month per


                (a)    single-line residential access line;


                (b)    single-line business access line;


                (c)    multi-line outgoing access line;


                (d)    Centrex telephone number; and


                (e)    wireless telephone number,


payable to the Province each month by each TC subscriber.


       (3)    Where the billing period for which the TC subscriber has received E911 service isless than one full calendar month, the amounts prescribed shall be prorated to reflectthe number of days in the month for which E911 service was provided.


       (4)    Every TC subscriber shall pay the E911 cost recovery fee.

Note: Subsection 3(4) is effective April 1, 2001.


4     (1)    The Minister, or the Committee, may enter into agreements with any person,including a TC, for any matter related to these regulations.


       (2)    Prior to the execution of any agreement by the Committee under subsection (1), acopy of the proposed agreement shall be approved by the Minister.

E911 Cost Recovery Fund

5     (1)    There is hereby established a special fund as defined in clause 2(1)(n) of theProvincial Finance Act to be known as the E911 Cost Recovery Fund.

[Note: The Provincial Finance Act was repealed by the Finance Act, S.N.S. 2010, c. 2, effective August 1,2010. Special funds are continued under Section 83 of the Finance Act.]


       (2)    The Fund shall consist of the money remitted to the Committee from the collectionof the E911 cost recovery fee and any income accruing from such money.


       (3)    The Fund shall be used to provide E911 Services and without limiting the generalityof the foregoing, the Fund may be used by the Province for


                (a)    the management, administration and operation of the E911 program includingcivic addressing, public education and training components of the E911program;


                (b)    the acquisition, installation, maintenance and operation of PSAP equipment;


                (c)    the maintenance, support and upgrading of databases owned and managed bythe Province and related to the administration of the E911 System;


                (d)    the maintenance, support and upgrading of digitized civic address mapping;


                (e)    the development, installation and maintenance of signage to assist in thereporting of, and response to, emergencies;


                (f)    support to the facilities responsible for the receipt and triage of calls reportingpoison-related emergencies to the E911 System;


                (g)    support to municipalities in the administration of civic addressing programs;


                (h)    the payment of any costs, charges, audits, taxes, fees or other expensesincurred in the administration and management of the Fund; and


                (i)     the payment of such other things as the Minister may direct, in respect of theprovision of E911 Services.


       (4)    Subject to the approval of the Minister, the Committee shall administer and managethe Fund.


       (5)    The Minister shall authorize expenditures from the Fund for the provision of E911Services.

E911 Cost Recovery Committee

6     (1)    The E911 Cost Recovery Committee is hereby established to advise the Ministerrespecting the administration of the collection and remittance of the E911 costrecovery fee and the administration of the distribution of the money from the Fundfor the provision of E911 Services.


       (2)    Without limiting the generality of subsection (1), the Committee shall provideadvice to the Minister on matters including but not limited to


                (a)    collecting and remitting the E911 cost recovery fee;


                (b)    overseeing and auditing the money collected and remitted into the Fund andany income accruing from such money;


                (c)    authorizing expenditures from the Fund for the provision of E911 Services;


                (d)    paying out of the Fund any costs, charges, audits, taxes, fees and otherexpenses involved in the administration and management of the Fund;


                (e)    doing any other matter or thing which relates to, or is incidental to theadministration and management of the Fund or the E911 cost recovery fee.


       (3)    The Minister may enter into agreements with the Committee or establish policiesrespecting any matter necessary for the prudent and efficient administration andoperation of the Committee.


       (4)    The Minister shall appoint the Committee members for a term not to exceed 5 years.


       (5)    Despite subsection (4), the Minister may appoint and remove any or all of themembers at any time, and the appointment or removal shall be effective on the datespecified for the appointment or removal.


       (6)    The Minister shall appoint as Committee members individuals who have suitablequalifications and experience and who have demonstrated suitable interest.


       (7)    The Minister shall appoint one Committee member to be the Chair of theCommittee.


       (8)    The Minister shall appoint one member from the Union of Nova ScotiaMunicipalities.


       (9)    Committee members not employed by the Public Service of the Province shall bereimbursed for reasonable expenses incurred in the performance of their duties ascommittee members and shall be remunerated for services provided in the carryingout of their duties at a rate to be determined by the Minister.


       (10)  The Committee shall cause to be kept proper books of accounting respecting


                (a)    all money received and expended by the Committee in respect of the Fund andany matters in respect of which the receipt and expenditure of money occurred;and


                (b)    the assets and liabilities of the Fund.


       (11)  The accounts of the Fund shall, from time to time, and at least annually, be auditedby an auditor licensed under the Public Account[ant]s Act and copies of the auditreport shall be filed with the Minister on or before June 30 following the end of thefiscal year.


       (12)  The Committee shall submit an annual report to the Minister which shall include butis not limited to


                (a)    a summary of work performed by the Committee during that fiscal year;


                (b)    an annual audited financial statement showing the assets and liabilities of theFund and the receipts and expenditures of the Fund for that fiscal year; and


                (c)    any other information requested by the Minister.


       (13)  No action for damages may be commenced or maintained and no cause of action liesagainst the Committee or its members if the action arises out of any act or omissionof the Committee or its members while carrying out duties or exercising powerspursuant to these regulations in good faith.


7     Any person who fails to comply with any provision of these regulations is guilty of anoffence.


8     These regulations shall not apply before April 1, 2002, to any wireless working telephonenumber for which a TC subscriber is not billed monthly for services provided by the WSP,which is commonly referred to as “prepaid wireless services”.