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Emergency 911 Cost Recovery Fee Regulations

made under Section 14 of the

Emergency “911” Act

S.N.S. 1992, c. 4

O.I.C. 2001-44 (February 2, 2001), N.S. Reg. 8/2001


Citation

1     These regulations may be cited as the Emergency 911 Cost Recovery Fee Regulations.


Definitions

2     In these regulations,

 

                (a)    “Act” means the Emergency “911” Act;

 

                (b)    “Competitive Local Exchange Carrier” or “CLEC” means a company that provides local telecommunication services in competition with the ILEC in the Province;

 

                (c)    “E911” means enhanced 911 and relates to the establishment by the Act of “911" as the primary emergency telephone number for use in the Province and the Province-wide system for the reporting of emergencies to emergency services agencies;

 

                (d)    “E911 cost recovery fee” means the monthly fee prescribed in Section 3 in connection with the provision of E911 Services;

 

                (e)    “E911 Cost Recovery Committee” or “Committee” means the committee established in Section 6;

 

                (f)    “E911 Cost Recovery Fund” or “Fund” means the fund established in Section 5;

 

                (g)    “E911 Services” means those services and materials provided by or on behalf of the Province related to the answering of an E911 call at a PSAP and the subsequent processing, routing or transfer of the call or related information to an emergency service agency, including but not limited to E911 equipment, operation and administration of the E911 program, public information and education, civic address database management, development of operating procedures and policies, and the costs, services and equipment of related programs;

 

                (h)    “E911 System” means a telephone emergency system for the reporting of emergencies to public safety and emergency service agencies which automatically connects a person dialing the digits 9-1-1 to a PSAP through telephone network facilities;

 

                (i)     “fiscal year” means the period from and including April 1 to and including March 31 in the next year;

 

                (j)     “Incumbent Local Exchange Carrier” or “ILEC” means a company that provides local telecommunication services and that operates the E911 platform or switching station that connects the Province at its designated PSAPs, which, at the coming into force of these regulations is Maritime or its successors or assigns;

 

                (k)    “Minister” means the Minister of Justice;

[Note: the reference to the Minister has been updated in accordance with Order in Council 2011-147 under the Public Service Act, R.S.N.S. 1989, c. 376, which transfers responsibility for emergency management to the Department of Justice and the Minister of Justice, effective April 19, 2011.]

 

                (l)     “PSAP” means a public safety answering point including a primary or secondary public safety answering point;

 

                (m)   “Telecommunications Carrier” or “TC” includes the ILEC, CLECs, and Wireless Service Providers;

 

                (n)    “TC Subscriber” means

 

                         (i)     an end user subscriber who is located within the Province’s boundaries and who subscribes to the exchange service of the ILEC or any CLEC, or,

 

                         (ii)    in the case of wireless technology, an end user subscriber who is assigned a telephone number associated with a geographic location within the Province’s boundaries and who subscribes to a WSP access service;

 

                (o)    “Wireless Service Provider” or “WSP” means a provider of wireless telecommunications services that is registered to conduct business in the Province and whose wireless telecommunications services include access to E911 Services.


E911 cost recovery fee

3     (1)    The E911 cost recovery fee is hereby established to recover the Province’s costs in connection with the provision of E911 Services.

 

       (2)    The amount of the fee is $0.43 per month per

 

                (a)    single-line residential access line;

 

                (b)    single-line business access line;

 

                (c)    multi-line outgoing access line;

 

                (d)    Centrex telephone number; and

 

                (e)    wireless telephone number,

 

payable to the Province each month by each TC subscriber.

 

       (3)    Where the billing period for which the TC subscriber has received E911 service is less than one full calendar month, the amounts prescribed shall be prorated to reflect the number of days in the month for which E911 service was provided.

 

       (4)    Every TC subscriber shall pay the E911 cost recovery fee.

Note: Subsection 3(4) is effective April 1, 2001.


Agreements

4     (1)    The Minister, or the Committee, may enter into agreements with any person, including a TC, for any matter related to these regulations.

 

       (2)    Prior to the execution of any agreement by the Committee under subsection (1), a copy of the proposed agreement shall be approved by the Minister.


E911 Cost Recovery Fund

5     (1)    There is hereby established a special fund as defined in clause 2(1)(n) of the Provincial Finance Act to be known as the E911 Cost Recovery Fund.

[Note: The Provincial Finance Act was repealed by the Finance Act, S.N.S. 2010, c. 2, effective August 1, 2010. Special funds are continued under Section 83 of the Finance Act.]

 

       (2)    The Fund shall consist of the money remitted to the Committee from the collection of the E911 cost recovery fee and any income accruing from such money.

 

       (3)    The Fund shall be used to provide E911 Services and without limiting the generality of the foregoing, the Fund may be used by the Province for

 

                (a)    the management, administration and operation of the E911 program including civic addressing, public education and training components of the E911 program;

 

                (b)    the acquisition, installation, maintenance and operation of PSAP equipment;

 

                (c)    the maintenance, support and upgrading of databases owned and managed by the Province and related to the administration of the E911 System;

 

                (d)    the maintenance, support and upgrading of digitized civic address mapping;

 

                (e)    the development, installation and maintenance of signage to assist in the reporting of, and response to, emergencies;

 

                (f)    support to the facilities responsible for the receipt and triage of calls reporting poison-related emergencies to the E911 System;

 

                (g)    support to municipalities in the administration of civic addressing programs;

 

                (h)    the payment of any costs, charges, audits, taxes, fees or other expenses incurred in the administration and management of the Fund; and

 

                (i)     the payment of such other things as the Minister may direct, in respect of the provision of E911 Services.

 

       (4)    Subject to the approval of the Minister, the Committee shall administer and manage the Fund.

 

       (5)    The Minister shall authorize expenditures from the Fund for the provision of E911 Services.


E911 Cost Recovery Committee

6     (1)    The E911 Cost Recovery Committee is hereby established to advise the Minister respecting the administration of the collection and remittance of the E911 cost recovery fee and the administration of the distribution of the money from the Fund for the provision of E911 Services.

 

       (2)    Without limiting the generality of subsection (1), the Committee shall provide advice to the Minister on matters including but not limited to

 

                (a)    collecting and remitting the E911 cost recovery fee;

 

                (b)    overseeing and auditing the money collected and remitted into the Fund and any income accruing from such money;

 

                (c)    authorizing expenditures from the Fund for the provision of E911 Services;

 

                (d)    paying out of the Fund any costs, charges, audits, taxes, fees and other expenses involved in the administration and management of the Fund;

 

                (e)    doing any other matter or thing which relates to, or is incidental to the administration and management of the Fund or the E911 cost recovery fee.

 

       (3)    The Minister may enter into agreements with the Committee or establish policies respecting any matter necessary for the prudent and efficient administration and operation of the Committee.

 

       (4)    The Minister shall appoint the Committee members for a term not to exceed 5 years.

 

       (5)    Despite subsection (4), the Minister may appoint and remove any or all of the members at any time, and the appointment or removal shall be effective on the date specified for the appointment or removal.

 

       (6)    The Minister shall appoint as Committee members individuals who have suitable qualifications and experience and who have demonstrated suitable interest.

 

       (7)    The Minister shall appoint one Committee member to be the Chair of the Committee.

 

       (8)    The Minister shall appoint one member from the Union of Nova Scotia Municipalities.

 

       (9)    Committee members not employed by the Public Service of the Province shall be reimbursed for reasonable expenses incurred in the performance of their duties as committee members and shall be remunerated for services provided in the carrying out of their duties at a rate to be determined by the Minister.

 

       (10)  The Committee shall cause to be kept proper books of accounting respecting

 

                (a)    all money received and expended by the Committee in respect of the Fund and any matters in respect of which the receipt and expenditure of money occurred; and

 

                (b)    the assets and liabilities of the Fund.

 

       (11)  The accounts of the Fund shall, from time to time, and at least annually, be audited by an auditor licensed under the Public Account[ant]s Act and copies of the audit report shall be filed with the Minister on or before June 30 following the end of the fiscal year.

 

       (12)  The Committee shall submit an annual report to the Minister which shall include but is not limited to

 

                (a)    a summary of work performed by the Committee during that fiscal year;

 

                (b)    an annual audited financial statement showing the assets and liabilities of the Fund and the receipts and expenditures of the Fund for that fiscal year; and

 

                (c)    any other information requested by the Minister.

 

       (13)  No action for damages may be commenced or maintained and no cause of action lies against the Committee or its members if the action arises out of any act or omission of the Committee or its members while carrying out duties or exercising powers pursuant to these regulations in good faith.


Offence

7     Any person who fails to comply with any provision of these regulations is guilty of an offence.


Application

8     These regulations shall not apply before April 1, 2002, to any wireless working telephone number for which a TC subscriber is not billed monthly for services provided by the WSP, which is commonly referred to as “prepaid wireless services”.