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ARCHIVED - 2009-2010 RPPs - User Fees/External Fees

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Agriculture and Agri-Food Canada



User Fees

The Department currently has no planned user fee initiatives (either to introduce new fees or amend existing fees) for the departmental program covered by the User Fee Act, ie. The Farm Improvement and Marketing Cooperatives Loans Act (FIMCLA) program.

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Canada School of Public Service



Table 12: User Fees


Name of User Fee Fee Type Fee-setting Authority Reason for Planned Introduction of or Amendment to Fee Effective Date of Planned Change Consultation and Review Process Planned
Fees charged for the processing of access requests filed under the Access to Information Act (ATIA) Other goods and services Access to Information Act Fees charged for the processing of access requests filed under the Access to Information Act (ATIA) N/A N/A

 
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Canadian Environmental Assessment Agency



Table 6: User Fees

User Fees


Name of User Fee Fee Type Fee-Setting Authority Reason for Planned Introduction of or Amendment to Fee Effective Date of Planned Change Consultation and Review Process Planned
Amendments to the Environmental Assessment Review Panel Service Charges Order Regulatory Service Financial Administration Act Update to reflect current costs and range of services provided 2009-2010 A consultation document was published in April 2008 for broad stakeholder consultations undertaken until June 2008, most notably with industry sectors whose projects may be subject to review panels and with the Minister of the Environment's multi-stakeholder Regulatory Advisory Committee. Consultation input and comments are being reviewed in order to prepare a proposal under the User Fees Act for tabling in Parliament as well as the subsequent regulatory amendments.

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Canadian International Development Agency



User Fees


Name of user fee Fee type Fee setting authority Reason for fee introduction or amendment Effective date of planned change to take effect Planned consultation and review process
Access to information Application fee for formal request Access to Information Act, Section 11. N/A N/A Permanent review of Act by parliementary committee (as per Section 75(1), Access to Information Act)
Access to information Reproduction fee Access to Information Act, Section 11. N/A N/A Permanent review of Act by parliementary committee (as per Section 75(1), Access to Information Act)
Access to information Search and preparation fee Access to Information Act, Section 11. N/A N/A Permanent review of Act by parliementary committee (as per Section 75(1), Access to Information Act)
Access to information Programming fee Access to Information Act, Section 11. N/A N/A Permanent review of Act by parliementary committee (as per Section 75(1), Access to Information Act)

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Canadian Radio-television and Telecommunications Commission



Table 12: User Fees



User Fees
Name of User Fee Fee Type Fee-setting Authority Reason for Planned Introduction of or Amendment to Fee Effective Date of Planned Change Consultation and Review Process Planned
(Note 2 & 3)
Telecom-munications Fees (Note 1) Regulatory Service(R) Telecommunications Act (Section 68)
Telecommunications Fees Regulations, 1995
Part VII application to revise Telecom Fee Regulations (Note 4) To be determined Full public consultation. See "Explanation of Revenue" for further information. Telecom Decision CRTC 2006-71 and Telecom Public Notice CRTC 2008-13.
Broadcasting Licence Fees (Note 1) Regulatory Service (R)

Right and Privilege (R&P)
Part I licence fee Broadcasting Act (Section 11) Broadcasting Licence Fee Regulations, 1997


Part II licence fee Broadcasting Act (Section 11) Broadcasting Licence Fee Regulations, 1997
Note 5 Note 5 Note 5


Note 1 The Broadcasting Licence Fee Regulations, 1997 and the Telecommunications Fees Regulations, 1995 can be found on the CRTC website at: www.crtc.gc.ca/eng/LEGAL/LICENCE.HTM (broadcasting) and www.crtc.gc.ca/eng/LEGAL/TFEES.HTM (telecommunications)

Note 2 Full public consultations occur with each change to the Telecommunications Fee Regulations or the Broadcasting Licence Fee Regulations.

Note 3 The CRTC’s dispute-resolution process regarding the assessment of broadcasting licence fees and telecommunications fees is summarized as follows:

Note 4 Aliant Telecom Inc. and Bell Canada (8657-A53-200606692 ) filed an application dated May 26, 2006, pursuant to Part VII of the CRTC Telecommunications Rules of Procedure, requesting that the Commission revise the regulations regarding telecommunications fees and, in particular, the basis on which telecommunications fees are determined and levied. In Telecom Decision CRTC 2006-71 dated November 6, 2006, the Commission indicated that it would initiate changes to the Telecommunications Fees Regulations, 1995 so the telecommunications service providers, including those not required to file tariffs, would pay fees using the same approach that applies under the existing contribution regime. The Commission has initiated government inter-departmental deliberations and begun the process to draft wording changes to the fees regulations.

During the deliberations, the Commission received conflicting legal opinion with respect to the application of the User Fees Act to the proposed changes to the fee regulations. The Commission has reopened the proceeding and initiated a reference to the Federal Court of Appeal. Further details are available in the Telecom Public Notice CRTC 2008-13 dated October 15, 2008 (www.crtc.gc.ca/eng/archive/2008/pt2008-13.htm).

Note 5 A Federal Court Trial Division decision rendered on December 14, 2006, declared Part II licence fees to be a tax. On December 4 and 5, 2007, the Federal Court of Appeal heard appeals on this decision. On April 28, 2008, the Federal Court of Appeal overturned the earlier ruling of the Federal Court Trial Division and declared that the Part II licence fees are valid regulatory charges and not a tax. In June 2008, the plaintiffs filed applications for leave to appeal to the Supreme Court of Canada. On December 18, 2008, the Supreme Court of Canada granted the applications for leave to appeal.