9-1-1 Regulations
Regulation- Registration
- R-089-2019
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Northwest Territories 9-1-1 Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by R-092-2024,s.2 in force Jan. 1, 2025
- s.14 amended by Northwest Territories 9-1-1 Act
The Commissioner in Executive Council, under section 14 of the Northwest Territories 9-1-1 Act and every enabling power, makes the 9-1-1 Regulations.
COST RECOVERY
FEE
(1) The 9-1-1 cost recovery fee payable by a subscriber under subsection 4(3) of the Act is $3.00 per month or portion of a month for each telephone service subscribed to by the subscriber.
(2) If a telecommunications carrier provides a telephone service to a subscriber for less than one month, the 9-1-1 cost recovery fee may be prorated for the number of days in the respective month. R-092-2024,s.2.
BILLING AND COLLECTION FEE
(1) A telecommunications carrier may retain a billing and collection fee of $0.07 per month or portion of a month for each telephone service subscribed to by a subscriber.
(2) If a telecommunications carrier provides a telephone service to a subscriber for less than one month and prorates the 9-1-1 cost recovery fee for the number of days in the respective month, the billing and collection fee shall be prorated for the same number of days in the respective month.
DUTY TO PROVIDE
INFORMATION
A telecommunications carrier that provides a telephone service in the Northwest Territories shall provide the Minister with the following information:
(a) the corporate name of the telecommunications carrier;
(b) the name, address, telephone number, fax number and e-mail address of the contact person responsible for administering the collection of the 9-1-1 cost recovery fee for the telecommunications carrier.
REQUIREMENT TO BILL
(1) A telecommunications carrier shall, on a monthly basis, bill its subscribers for the 9-1-1 cost recovery fee.
(2) A telecommunications carrier shall disclose the amount of the 9-1-1 cost recovery fee, and that the telecommunications carrier bills and collects the fee on behalf of the Government of the Northwest Territories under section 5 of the Act in
(a) a monthly bill, invoice or statement of account provided to its subscribers for each telephone service subscribed to by the subscriber;
(b) an agreement for a prepaid wireless telephone service; or
(c) any other agreement entered into with a subscriber.
A telecommunications carrier shall make all commercially reasonable efforts to collect from its subscribers the 9-1-1 cost recovery fee billed to the subscribers in accordance with section 4.
PREPAID WIRELESS
(1) A telecommunications carrier shall, on a monthly basis, deduct the 9-1-1 cost recovery fee from a subscriber’s prepaid wireless telephone service account, if one exists.
(2) The 9-1-1 cost recovery fee referred to in subsection (1) may be prorated in the manner described in subsection 1(2).
(3) If insufficient funds are available to deduct the 9-1-1 cost recovery fee from a subscriber’s prepaid wireless telephone service account, the subscriber shall not be deemed to have refused to pay the fee and the telecommunications carrier shall not be required to make any further efforts to collect the fee.
REMITTANCE
(1) A telecommunications carrier who provides a telephone service in the Northwest Territories shall, within 20 days after the last day of each month,
(a) remit to the Minister the total amount of fees billed by the carrier under sections 4 and 6, minus the following amounts:
(i) the total amount of fees retained under section 2,
(ii) an amount equal to the total amount of fees billed by the carrier under sections 4 and 6, multiplied by the carrier’s average percentage rate of bad debts for telephone services it billed to its subscribers during its previous fiscal year; and
(b) submit to the Minister a report containing the following information with respect to the fees billed and collected in that month:
(i) the total amount of fees billed under section 4,
(ii) the total amount of fees remitted under paragraph (a),
(iii) the number of telephone services that the telecommunications carrier provided.
(2) If a telecommunications carrier remits an amount under paragraph (1)(a) in excess of the amount that should have been remitted, the Minister shall credit the surplus amount to the next remittance.
FEES HELD IN TRUST
(1) Fees collected by a telecommunications carrier under the authority of the Act and these regulations, other than a billing and collection fee retained under section 2, are deemed to be held in trust for the Government of the Northwest Territories and the fees shall, until remitted, form a lien on the entire estate of the telecommunications carrier or on the entire assets of the telecommunications carrier’s estate in the hands of any trustee, in priority to every claim, privilege, lien or encumbrance.
(2) If a telecommunications carrier is deemed under subsection (1) to hold fees in trust, those fees are deemed to be held separate from and form no part of the estate or assets of the telecommunications carrier, whether or not the fees have in fact been kept separate and apart from the estate or assets of the telecommunications carrier.
ESTIMATE
(1) If a telecommunications carrier fails to remit fees as required under section 7, the Minister may make an estimate of the amount that should have been remitted by the carrier.
(2) An estimated amount under subsection (1) is deemed to be the amount that the telecommunications carrier has not remitted.
(3) The Government of the Northwest Territories may claim and recover from a telecommunications carrier, as a debt due to the Government of the Northwest Territories, an amount estimated under subsection (1) together with any costs and expenses incurred.
STATEMENT BY ACCOUNTANT
(1) For the purposes of this section, "fiscal year" means the period beginning on April 1 in one year and ending on March 31 in the next year.
(2) A telecommunications carrier shall, not later than May 31 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 paragraph 7(1)(b) during the previous fiscal year is complete and accurate.
DOCUMENTS AND RECORDS
A telecommunications carrier shall retain all books of account, reports, records and documents for a minimum of six years after the date on which those books and other documents were made, including information on
(a) the total amount of fees collected under sections 4 and 6;
(b) the total amount of fees retained under section 2; and
(c) if applicable, the taxes, levies, duties or similar charges that the telecommunications carrier collected.
CONFIDENTIALITY
(1) For the purposes of this section, "information" includes personal information as defined in section 2 of the Access to Information and Protection of Privacy Act.
(2) Except as required by the Act or as permitted under the Access to Information and Protection of Privacy Act, the Minister shall keep confidential all information about a telecommunications carrier or a subscriber that is obtained by the Minister under the Act and these regulations.
(1) The Minister may publish or disclose to any person for any purpose information collected under the Act or these regulations that
(a) is readily available;
(b) is in a summarized or statistical form; and
(c) cannot, directly or indirectly, be associated with or identify a particular person.
(2) The Minister may collect and use information that is necessary for the purposes of formulating or analyzing fiscal policy.
These regulations come into force on the day on which section 14 of the Northwest Territories 9-1-1 Act, S.N.W.T. 2019, c.3 comes into force.