File Telecom Ownership Information
Facilities-based providers must file ownership information to attest that they are eligible to operate as a telecommunications common carrier pursuant to the Telecommunications Act and the Canadian Telecommunications Common Carrier Ownership & Control Regulations.
Facilities-based providers must file their ownership information:
- prior to obtaining carrier status,
- annually thereafter as part of the carrier's annual filing, and
- at any other time the Commission deems a review necessary
Non-facilities-based providers do not need to file this information.
Prior to the amendment of the Telecommunications Act on 29 June 2012, an entity could only be eligible to operate as a telecommunications common carrier if it was Canadian-owned and controlled or if it owned or operated certain facilities as set out in subsection 16(5) of the Telecommunications Act.
Following this amendment, an entity can also be eligible to operate as a telecommunications common carrier if "it has annual revenues from the provision of telecommunications services in Canada that represent less than 10% of the total annual revenues, as determined by the Commission, from the provision of telecommunications services in Canada" [subsection 16(2)(c)].
All carriers, including those captured by the subsections described above, must inform the Commission regarding how they are eligible to operate as a telecommunications common carrier.
Completing the Canadian Common Carrier Ownership Forms
- Forms 911 and 912 (the 9xx forms) are issued in the Commission's Data Collection System (DCS) when an entity applies to be registered as a facilities-based provider of telecommunications services.
- The 9xx forms are re-issued to facilities-based providers every year pursuant to their ongoing reporting obligations.
- Only the entity's designated Response Manager or a designated Survey Respondent can complete the 9xx forms.
- The 9xx forms must include a signed and notarized affidavit, which must be uploaded and attached to Form 912. A copy of this affidavit must be kept at the entity's head offices pursuant to Telecom Circular 2005-4. This is required for every reporting entity, without exception. The affidavit indicates whether the reporting entity:
- is eligible to operate pursuant to section 16 of the Telecommunications Act;
- has any affiliates as defined by section 35(3) of the Telecommunications Act (i.e. "a person who controls the carrier, or who is controlled by the carrier or by any person who controls the carrier").
- Entities that are required to be Canadian-owned and controlled (or choose to be eligible as such), pursuant to section 16 of the Telecommunications Act, may be required to submit additional ownership information.
- Entities that are eligible under the 10% market share provision must notify the Commission when it acquires control of another Canadian carrier or acquires assets used by another Canadian carrier, as stated under subsection 16(8) of the Telecommunications Act.
- The Telecommunications Act (1993, c.38)
- Canadian Telecommunications Common Carrier Ownership and Control Regulations
- Telecom Information Bulletin CRTC 2010-115
- Facilities-Based Providers of telecommunications services web page
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