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Under section 11 of the Emergency 911 Act, the Lieutenant-Governor in Council makes the following Regulation:

2018-38

Citation

1This Regulation may be cited as the NB 911 Service Fee Regulation- Emergency 911 Act.

Definitions

2The following definitions apply in this Regulation.

“Act” means the Emergency 911 Act. (Loi)

“billing and collection fee” means the portion of the fee for the NB 911 service retained by a telecommunications service provider for the billing, collecting and remitting of fees for the NB 911 service. (frais d’imposition et de perception)

“CRTC” means the Canadian Radio-television and Telecommunications Commission. (CRTC)

“exchange service” means any landline-based telephone service or wireless telephone service that is provided by a telecommunications service provider to a subscriber and is capable of being used to dial 911, including:(service local)

(a) a single-line residential access line;

(b) a single-line business access line;

(c) a multi-line outgoing access line;

(d) a Centrex telephone number;

(e) a wireless telephone number; and

(f) a Voice over Internet Protocol service (VoIP).

“incumbent local exchange carrier” means the telecommunications service provider that operates the NB 911 service platform or switching station that connects to designated public safety answering points and which, on the commencement of this Regulation, is Bell Aliant Regional Communications Inc. (entreprise de services locaux titulaire)

Fee

3The fee payable by a subscriber for the NB 911 service is $0.53 per month per exchange service.

Prorated fee

4If a telecommunications service provider provides an exchange service to a subscriber for less than a month, the fee for the NB 911 service shall be prorated.

Billing and collection fee

5(1)Subject to subsection (2), a telecommunications service provider may retain a billing and collection fee of $0.07 per month per exchange service.

5(2)If the CRTC increases the billing and collection fee for the incumbent local exchange carrier, a telecommunications service provider may retain the new billing and collection fee.

Duty to provide information

6A 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.

Billing of fee

7(1)A telecommunications service provider shall, on a monthly basis, bill its subscribers the fee for the NB 911 service.

7(2)A telecommunications service provider shall indicate the amount of the fee for the NB 911 service and that the telecommunications service provider bills and collects the fee for the NB 911 service on behalf of the Province in

(a) a monthly bill for an exchange service,

(b) an agreement for prepaid wireless telephone services, or

(c) any other agreement for an exchange service.

Reasonable effort to collect fee

8A telecommunications service provider shall make all commercially reasonable efforts to collect the fee for the NB 911 service from its subscribers.

Payment of fee

9If a subscriber refuses to pay the fee for the NB 911 service, the telecommunications service provider shall, subject to section 6 of New Brunswick Regulation 96-104 under the Act, the Telecommunications Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada) and the CRTC Telecommunications Rules of Procedure (Canada), provide the Minister with the following information:

(a) the name and billing address of the subscriber; and

(b) the months for which the subscriber refused to pay the fee.

Prepaid wireless telephone service

10(1)A telecommunications service provider shall, on a monthly basis, deduct the fee for the NB 911 service from a subscriber’s wireless telephone service prepaid account.

10(2)If insufficient funds are available to deduct the fee for the NB 911 service from a subscriber’s wireless telephone service prepaid account, the subscriber shall not be deemed to have refused to pay the fee and the telecommunications service provider shall not make any further efforts to collect the fee.

Remittance of fees

11A telecommunications service provider shall, within 45 days after the last day of each month,

(a) remit to the Minister the fees for the NB 911 service that the telecommunications service provider collected during that month, less the billing and collection fees, and

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

(i) the amount of fees for the NB 911 service that the telecommunications service provider billed;

(ii) the amount of fees for the NB 911 service that the telecommunications service provider collected;

(iii) the amount of fees for the NB 911 service that the telecommunications service provider remitted to the Minister;

(iv) the amount of the billing and collection fees;

(v) the number of exchange services that the telecommunications service provider provided; and

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

Fees received by Minister

12The fees for the NB 911 service are not considered to be remitted to the Minister until they are received by the Minister at the offices of the Minister.

Over-remittance of fees

13If the telecommunications service provider remits an amount of fees for the NB 911 service in excess of the amount that should have been remitted, the Minister shall credit the surplus amount to the next remittance.

Fees deemed to be held in trust

14(1)If a telecommunications service provider fails to remit fees for the NB 911 service to the Minister under section 11, the telecommunications service provider shall be deemed to hold the fees in trust for Her Majesty in right of the Province and the fees shall, until remitted, form a special 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.

14(2)If a telecommunications service provider is deemed under subsection (1) to hold fees for the NB 911 service in trust, the fees shall be deemed 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.

Estimate of fees by Minister

15(1)If a telecommunications service provider fails to remit fees for the NB 911 service to the Minister under section 11, the Minister may make an estimate of the amount of fees that should have been remitted by the telecommunications service.

15(2)An estimated amount under subsection (1) shall be deemed to be the amount of fees for the NB 911 service that the telecommunications service provider has not remitted.

Collection costs

16If a telecommunications service provider fails to remit fees for the NB 911 service to the Minister under section 11, the telecommunications service provider shall, on demand by the Minister, pay to the Minister all of the costs and expenses incurred by the Minister in collecting the fees.

Recovery of fees

17(1)The amount of fees for the NB 911 service required to be remitted to the Minister under section 11 is a debt due to Her Majesty in right of the Province and may be recovered by action in her name in any court of competent jurisdiction.

17(2)The court may in an action under subsection (1) make an order as to the costs of the action in favour of or against Her Majesty.

Annual notice

18A telecommunications service provider shall, at least once a year, give written notice to its subscribers of the amount of the fee for the NB 911 service and that the telecommunications service provider bills and collects the fee for the NB 911 service on behalf of the Province.

Statements by accountant

19A telecommunications service provider shall, not later than April 30 in each year, provide the Minister with a written statement signed by a chartered accountant, certified management accountant or certified general accountant certifying that the information contained in the reports submitted under section 11 during the previous calendar year is complete and accurate.

Retention of documents

20A telecommunications service provider shall 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.

Commencement

21This Regulation comes into force on May 1, 2008.

N.B. This Regulation is consolidated to May 15, 2018.

2008-23 - NB 911 Service Fee

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