Gazette Notice SMSE-008-07

Department of Industry Act

Notice No. SMSE-008-07 - Telecommunications and Radio Apparatus Fee Order

Introduction

Established in 1993, the Telecommunications Apparatus Assessment and Testing Fees Order (ATF) sets fees for the assessment, certification and testing services for radio and telecommunications apparatus. These services are necessary to ensure that such apparatus being sold or offered for sale in Canada meets all applicable regulatory requirements.

Over the past decade there have been significant changes in both the technologies and business operations of the radiocommunication and telecommunications industries. Also, Canada has entered into several international mutual recognition agreements dealing with the recognition of foreign, private conformity assessment bodies that perform duties similar to those performed by Industry Canada.

The ATF has been revoked and replaced by the Telecommunications and Radio Apparatus Fee Order (TRAF) in order to deal with this emerging environment. This proposed structure was presented to the Terminal Attachment Program Advisory Committee (TAPAC) and the Radio Advisory Board of Canada (RABC), which are government/industry consultative committees on telecommunications and radiocommunication matters. All feedback from the committees on the proposal was positive. Members of the committees indicated that the new fees should be established as early as possible, as industry is eagerly awaiting the implementation of this new fee structure.

An official consultation on a new fee structure for telecommunications and radio apparatus-related services was launched on March 5, 2004 (Gazette Notice SMSE-006-04) and closed on May 20, 2004. The Gazette notice invited the public, including interested parties, to provide comments on the new fee structure. No negative comments were received.

In accordance with the User Fees Act, the registration and listing fees were presented to both Houses of Parliament and approved in fall 2006.

Fee Schedule

The Minister of Industry, pursuant to sections 18 and 20 of the Department of Industry Act, hereby fixes the following fees, effective September 10, 2007. The fees are applicable to the assessment, registration, listing and the provision of technical expertise services provided by the Minister pursuant to the Radiocommunication Act and the Telecommunications Act to regulate radio and telecommunications apparatus for compliance with technical standards established by the Minister under these Acts.

Interpretation

For the purpose of this fee schedule,

"apparatus" means telecommunications or radio apparatus

"Bureau" refers to the Certification and Engineering Bureau of the Department of Industry;

"certification" refers to a procedure whereby the Department of Industry or a third party gives written assurance that a product, process or service conforms to specified requirements;

"Conformity Assessment Body " means a body engaged in any activity concerned with determining directly or indirectly that the relevant requirements are fulfilled;

"Department" means the Department of Industry;

"engineering brief" means a written submission, signed by a responsible person, containing significant technical information or design data and description of the tests that have been conducted, including the results of such tests, for the purpose of confirming that apparatus complies with the applicable technical requirements, specifications, or standards;

"Minister" means the Minister of Industry;

"technical requirements, specifications or standards" means, in respect of each application for the assessment of apparatus, only such technical requirements, specifications or standards as apply to that apparatus;

Assessment Fee

Where a person applies to the Minister for the assessment of apparatus for the purpose of determining compliance with technical requirements, specifications and standards, and for issuing a Technical Acceptance Certificate as applicable, that person shall pay an assessment fee of $1,200.

Technical Expertise Fee

Where a person applies to the Minister for technical support or the testing of apparatus by the Bureau for the purpose of determining compliance with technical requirements, specifications or standards, as well as for reassessment and assistance in the evaluation of the technical competence of conformity assessment bodies, that person shall pay a technical expertise fee calculated at the rate of $150 per hour or part thereof. In the case of a reassessment, the total charges shall not exceed the assessment fee of $1 200.

Registration Fee

Where a person applies to the Minister for the registration of apparatus in a list maintained and published by the Minister for the purpose of informing the public of telecommunications apparatus that complies with technical requirements, specifications and standards established by the Minister, that person shall pay $750 per submission in addition to any other applicable fee.

Listing Fee

Where a person applies to the Minister to list apparatus subject to certification in a list maintained and published by the Minister for the purpose of informing the public of radio apparatus that complies with technical requirements, specifications and standards established by the Minister, that person shall pay $50 per product listed in addition to any other applicable fee.

Payment of fees

The fees outlined in this order are payable at the time of making the application except for the technical expertise fee which will be payable before services are rendered.

_________________
Maxime Bernier
Minister of Industry

August 13, 2007

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