Newfoundland and Labrador Gazette, Part II — 1 August 2022 (Extraordinary Issue) — Regulations NLR 46/22, NLR 47/22

NLG 2022-08-01

Newfoundland and Labrador — Gazette

ST. JOHN’S, MONDAY , AUGUST 1, 2022 THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

PART II PUBLISHED BY AUTHORITY NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 46/22 NLR 47/22

NEWFOUNDLAND AND LABRADOR REGULATION 46/22 Proclamation bringing Act into force (In force August 1, 2022) under the Emergency 911 Act, 2022 (O.C. 2022-180) (Filed July 28, 2022) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JUDY M. FOOTE Lieutenant Governor DENIS MAHONEY Deputy Attorney General SEAN DUTTON Deputy Registrar General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 28 of

An Act Respecting a Province - Wide 911 Service for the Reporting of Emergencies , Statutes of Newfoundland and Labrador 2022,

Chapter E -7.03 (the “Act”), it is provided that the Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come into force; 3 Extraordinary Gazette August 1, 2022

Proclamation bringing

an Act respecting a Province-Wide 911 Service for the Reporting of Emergencies into force (In Force August 1, 2022) 46/22 NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by thi s our Proclamation declare and direct that

An Act Respecting a Province-Wide 911 Service for the Reporting of Emergencies , Statutes of Newfoundland and Labrador 2022,

Chapter E -7.03, shall come into force on the date of publication of this Proclamation in the Newfoundland and Labrador Gazette. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Judy M.

Foote, Member of Our Privy Council of Canada, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE, in Our City of St. John’s this 26th day of July in the year of Our Lord two thousand and twenty-two, in the seventy-first year of Our Reign. BY COMMAND, SEAN DUTTON Deputy Registrar General 4 Extraordinary Gazette August 1, 2022

NEWFOUNDLAND AND LABRADOR REGULATION 47/22 Emergency 911 Fee Regulations, 2022 under the Emergency 911 Act, 2022 (O.C. 2022-181) (Filed July 28, 2022) Under the authority of

section 22 of the Emergency 911 Act, 2022, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s,July 28, 2022. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Fee for emergency 911 service 4. Prepaid wireless telephone service 5. Remittance of fee 6. Estimate of fees by minister 7. Duty to provide information 8. Collection costs 9. Fees considered held in trust 10. Recovery of fees 11. Statements by accountant 12. Retention of documents 13. Repeal 14. Commencement 1. These regulations may be cited as the Emergency 911 Fee Regulations, 2022. 2. In these regulations

Short title

Definitions 5 Extraordinary Gazette August 1, 2022

Emergency 911 Fee Regulations, 2022 47/22 (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. 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 u nder subsection 14(4) of the Act, it shall deduct that monthly service fee from the fee referred to in subsection (2). 4.

(1) A telecommunications service provider shall, on a monthly basis, deduct the fee from a subscri ber'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 subs criber'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. 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 m onthly 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, Fee for emergency 911 service Prepaid wireless telephone service Remittance of fee 6 Extraordinary Gazette August 1, 2022

Emergency 911 Fee Regulations, 2022 47/22 (iii) the amount of the monthly service fees retained as au- thorized 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. 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. 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 teleco mmunications service provider.

(2) Where information referred to in subsection (1) changes, a telecommunications service provider shall provide the minister with updated information. 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. 9.

(1) Fees collected by a telecommunications serv ice provider under the authority of the Act and these regulations, except a monthly Estimate of fees by minister Duty to provide information Collection costs Fees considered held in trust 7 Extraordinary Gazette August 1, 2022

Emergency 911 Fee Regulations, 2022 47/22 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 o f 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. 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. 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. 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. 13. The Emergency 911 Fee Regulations, Newfoundland and Labrador Regulation, 80/14 are repealed. Recovery of fees Statements by accountant Retention of docu- ments Repeal 8 Extraordinary Gazette August 1, 2022

Emergency 911 Fee Regulations, 2022 47/22 14. These regulations come into force on the day the Emergency 911 Act, 2022 comes into force. ©Queen's Printer Commencement 9 Extraordinary Gazette August 1, 2022

Extraordinary Gazette Index Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Emergency 911 Act, 2022 Proclamation bringing

an Act into force [In force August 1, 2022] Emergency 911 Fee Regulations, 2022 NLR 46/22 NLR 47/22 New New Aug. 1/22 p. 3 Aug. 1/22 p. 5 ST. JOHN’S, MONDAY, AUGUST 1, 2022 11

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2022-08-01
Type	gazette
Volume / chapter	nlg20220801 extra
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e130c392009d59d80680135770f4504ffd046d21

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