An Act respecting the reorganization of Bell CanadaBell Canada ActBell Canada19876
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B-3.6191987Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Bell Canada Act.InterpretationDefinitionsIn this Act,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 means the Canadian Radio-television and Telecommunications Commission; (Conseil)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 includes control in fact, whether or not through one or more persons. (contrôle)InconsistenciesIn 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corporations, or anything issued, made or established under that other Act, the provisions of this Act prevail.General[Repealed, 1993, c. 38, s. 78]Declaration re worksThe works of the Company are hereby declared to be works for the general advantage of Canada.Company to furnish service in certain casesWhere 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,furnish the service; andsubject 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.ExceptionNothing in subsection (1) requires the Company to furnish the service or a telephone wherethe 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;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; orif the Commission has not otherwise specified, the Company has not received therefor a tender or payment of the lawful rates semi-annually in advance.[Repealed, 1997, c. 3, s. 1][Repealed, 1993, c. 38, s. 79]Certain investments prohibitedThe Company shall not acquire or hold directly or indirectly any shares, bonds, debentures or other securities of another body corporate thatis engaged in research and development work in areas of inquiry that relate to the business activities of the Companies; andmanufactures products for sale to the Company or to other customers.ExceptionSubsection (1) does not apply to the Company in respect of another body corporate that was, on March 7, 1968, a subsidiary of the Company.Approval of disposal of certain shares requiredNo 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.Approval of disposal of facilities requiredExcept 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.Approval formAn 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.Non-application of subsection (1)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. 61ApprovalUnconditional 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[Repealed, 1993, c. 38, s. 80]Deposit in office of the Registrar GeneralA 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.Effect of complianceIf 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. 62Consequential Repeal of Enactments[Repeals]