NEWFOUNDLAND AND LABRADOR REGULATION 47/22

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Short title

1. These regulations may be cited as the Emergency 911 Fee Regulations, 2022.

Definitions

2. In these regulations

(a) "Act" means the Emergency 911 Act, 2022; and

(b) "fee" means the fee for the emergency 911 service referred to in section 14 of the Act.

Fee for emergency 911 service

3. (1) The fee shall be paid monthly by every subscriber.

(2) The fee shall be $0.75 a month for each exchange service.

(3) Where a telecommunications service provider retains a monthly service fee as authorized under subsection 14(4) of the Act, it shall deduct that monthly service fee from the fee referred to in subsection (2).

Prepaid wireless telephone service

4. (1) A telecommunications service provider shall, on a monthly basis, deduct the fee from a subscriber's wireless telephone service prepaid account, if one exists.

(2) The fee referred to in subsection (1) may be prorated in the manner contemplated in subsection 14(3) of the Act.

(3) Where insufficient funds are available to deduct the fee from a subscriber's wireless telephone service prepaid account, the subscriber shall not be considered to have refused to pay the fee and the telecommunications service provider shall not make any further efforts to collect the fee.

Remittance of fee

5. A telecommunications service provider shall, on a monthly basis and within 45 days after the last day of each month,

(a) remit to the minister an amount equal to the fees that the telecommunications service provider billed to subscribers during that month, less any monthly service fee authorized under subsection 14(4) of the Act; and

(b) submit to the minister a report containing the following information with respect to that month:

(i) the amount of fees that the telecommunications service provider billed,

(ii) the amount of fees that the telecommunications service provider remitted to the minister,

(iii) the amount of the monthly service fees retained as authorized under subsection 14(4) of the Act, if any,

(iv) the number of exchange services that the telecommunications service provider provided, and

(v) if applicable, the taxes, levies, duties or similar charges that the telecommunications service provider collected.

(2) Fees are not considered to be remitted to the minister until they are received by the minister.

Estimate of fees by minister

6. (1) Where a telecommunications service provider fails to remit fees to the minister as required by the Act and these regulations, the minister may make an estimate of the amount of fees that should have been remitted by the telecommunications service provider.

(2) An estimated amount under subsection (1) shall be considered to be the amount of fees that the telecommunications service provider has not remitted.

Duty to provide information

7. (1) A telecommunications service provider shall provide the minister with the following information:

(a) the corporate name of the telecommunications service provider; and

(b) the name, address, telephone number, fax number and e-mail address of the contact person for the telecommunications service provider.

(2) Where information referred to in subsection (1) changes, a telecommunications service provider shall provide the minister with updated information.

Collection costs

8. Where a telecommunications service provider fails to remit fees to the minister as required by the Act and these regulations, the telecommunications service provider shall, on demand by the minister or a person designated by the minister, pay to the minister all of the costs and expenses incurred in collecting the fees.

Fees considered held in trust

9. (1) Fees collected by a telecommunications service provider under the authority of the Act and these regulations, except a monthly service fee retained under the authority of subsection 14(4) of the Act, shall be considered to be held in trust for the minister and the fees shall, until remitted, form a lien on the entire estate of the telecommunications service provider or on the entire assets of the telecommunications service provider's estate in the hands of any trustee, in priority to every claim, privilege, lien or encumbrance.

(2) Where a telecommunications service provider is considered under subsection (1) to hold fees referred to in that subsection in trust, those fees shall be considered to be held separate from and form no part of the estate or assets of the telecommunications service provider, whether or not the fees have in fact been kept separate and apart from the estate or assets of the telecommunications service provider.

Recovery of fees

10. (1) The amount of fees required to be remitted to the minister, which excludes any monthly service fees authorized under subsection 14(4) of the Act, is a debt due to the Crown and may be recovered by action in any court of competent jurisdiction.

(2) The court may in an action under subsection (1) make an order as to the costs of the action.

Statements by accountant

11. A telecommunications service provider shall, not later than a date to be established by the minister, provide the minister with a written statement signed by a chartered professional accountant certifying that the information contained in the reports submitted under section 5 during the previous calendar year is complete and accurate.

Retention of documents

12. A telecommunications service provider shall

(a) retain all books of account, reports, records and documents for a minimum of 6 years after the date on which the books of account, reports, records and documents were made; and

(b) where requested by the minister, provide copies all books of account, reports, records and documents to the minister.

Repeal

13. The Emergency 911 Fee Regulations, Newfoundland and Labrador Regulation, 80/14 are repealed.

Commencement

14. These regulations come into force on the day the Emergency 911 Act, 2022 comes into force.