Bell Canada Act

Link to law: http://laws-lois.justice.gc.ca/eng/acts/B-3.6/FullText.html

Bell Canada Act

S.C. 1987, c. 19

Assented to 1987-06-25

An Act respecting the reorganization of Bell Canada

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

1 This Act may be cited as the Bell Canada Act.

Interpretation

Marginal note:Definitions

2 In this Act,

affiliate

personne du même groupe

affiliate, in respect of the Company, means any person that controls or is controlled by the Company or that is controlled by the same person that controls the Company; (personne du même groupe)

Commission

Conseil

Commission means the Canadian Radio-television and Telecommunications Commission; (Conseil)

Company

Compagnie

Company means The Bell Telephone Company of Canada, established by an Act of Parliament and continued as a corporation under the names "The Bell Telephone Company of Canada", "La Compagnie de Téléphone Bell du Canada" and "Bell Canada" under the Canada Business Corporations Act on April 21, 1982, whether or not the name of the Company is subsequently changed; (Compagnie)

control

contrôle

control includes control in fact, whether or not through one or more persons. (contrôle)

Marginal note:Inconsistencies

3 In the event of any inconsistency between the provisions of this Act and any other Act of Parliament providing for the incorporation of corporations, or anything issued, made or established under that other Act, the provisions of this Act prevail.

General

4 [Repealed, 1993, c. 38, s. 78]

Marginal note:Declaration re works

5 The works of the Company are hereby declared to be works for the general advantage of Canada.

Marginal note:Company to furnish service in certain cases

6 (1) Where a telephone service is requested by any person or organization for any lawful purpose in a municipality or other territory within which a general telephone service is provided by the Company, the Company shall, with all reasonable dispatch,

(a) furnish the service; and

(b) subject to any order of the Commission under section 13 that restricts the right or ability of the Company to be a supplier of telephones, furnish telephones of the latest improved design then in use by the Company in the municipality or territory.

Marginal note:Exception

(2) Nothing in subsection (1) requires the Company to furnish the service or a telephone where

(a) the premises for which the service is requested are not fronting on a highway, street, lane or other area along, over, under or on which the Company has a main or branch telephone service or system;

(b) the telephone on the premises would be situated more than 62 metres or such other distance as the Commission may specify from the highway, street, lane or other area; or

(c) if the Commission has not otherwise specified, the Company has not received therefor a tender or payment of the lawful rates semi-annually in advance.

7 [Repealed, 1997, c. 3, s. 1]

8 and 9 [Repealed, 1993, c. 38, s. 79]

Marginal note:Certain investments prohibited

10 (1) The Company shall not acquire or hold directly or indirectly any shares, bonds, debentures or other securities of another body corporate that

(a) is engaged in research and development work in areas of inquiry that relate to the business activities of the Companies; and

(b) manufactures products for sale to the Company or to other customers.

Marginal note:Exception

(2) Subsection (1) does not apply to the Company in respect of another body corporate that was, on March 7, 1968, a subsidiary of the Company.

Marginal note:Approval of disposal of certain shares required

11 (1) No voting shares of the Company held by or on behalf of any person that controls the Company shall be sold or disposed of to any other person without the prior approval of the Commission.

Marginal note:Approval of disposal of facilities required

(2) Except in the ordinary course of the business of the Company, no facilities of the Company that are integral and necessary for the carrying on of telecommunications activities shall be sold or otherwise disposed of, or leased or loaned, without the prior approval of the Commission.

Marginal note:Approval form

(3) An approval referred to in subsection (1) or (2) may be specific or general and may be granted on such terms and conditions as the Commission deems expedient.

Marginal note:Non-application of subsection (1)

(4) Subsection (1) does not apply in respect of the sale or disposal of voting shares of the Company where, if the sale or disposal occurred, the person that controls the Company on the day on which this Act comes into force would retain the ownership of not less than eighty per cent of the total number of all the issued and outstanding voting shares of the Company.

1987, c. 19, s. 11;
2001, c. 4, s. 61.

Marginal note:Approval

12 Unconditional approval shall be deemed to be given under subsection 11(2) thirty days after written notification of a proposed transaction to the Commission, without prejudice to the exercise of the Commission’s powers under the Telecommunications Act.

1987, c. 19, s. 12;
1992, c. 1, s. 22;
1993, c. 38, s. 80.

13 [Repealed, 1993, c. 38, s. 80]

Marginal note:Deposit in office of the Registrar General

14 (1) A deed of trust creating mortgages, charges or encumbrances — or, in the Province of Quebec, an act constituting hypothecs — on the whole or any part of the property of the Company, present or future, as may be described in the deed or act and an assignment or other instrument or act in any way affecting the mortgage, hypothec or security shall be deposited in the office of the Registrar General of Canada and notice of the deposit shall immediately be given in the Canada Gazette.

Marginal note:Effect of compliance

(2) If subsection (1) has been complied with, it shall not be necessary for any purpose that the mortgage, hypothec, charge, encumbrance or assignment or any other instrument or act in any way affecting it be otherwise deposited, registered or filed under the provisions of any law respecting the deposit, registration or filing of instruments or acts affecting property.

1987, c. 19, s. 14;
2001, c. 4, s. 62.

Consequential Repeal of Enactments

15 [Repeals]
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