TELECOMMUNICATIONS |
Canadian Institute of Public and Private Real Estate Companies v. Bell Canada
A-525-03
2004 FCA 243, Sexton J.A.
21/6/04
7 pp.
Appellants challenging comments made by CRTC that, depending on circumstances, it would be prepared to make orders requiring building owners to provide local exchange carriers (LECs) with access to multi-dwelling units (MDUs) on certain terms, conditions for purposes of telecommuni-cations services--According to appellants, CRTC exceeded jurisdiction by making such statements as having no authority under Telecommunications Act to regulate with respect to private property, to issue guidelines affecting MDUs--Act, s. 64(1) providing right of appeal from "decision" of CRTC on questions of law, jurisdiction with leave of Court--Court has no jurisdiction to hear appeal as statements by CRTC regarding jurisdiction in future cases not "decision" within meaning of s. 64(1)--CRTC has not imposed binding conditions, orders affecting legal rights of private owners of MDUs--Has simply stated that, depending on circumstances, it would be prepared to make such order in future--Comments by CRTC regarding jurisdiction merely guidelines--Act making clear distinction between guidelines, decisions, providing appeals may only be made from decisions--Act, s. 58 expressly providing guidelines not binding, in contrast to s. 52(1) which expressly provides determinations on question of fact binding, conclusive--Appeal premature--Court should not attempt to interpret, define scope of CRTC's jurisdiction under Act in abstract, in absence of particular factual context--Appeal dismissed--Telecommunications Act, S.C. 1993, c. 38, ss. 52, 58, 64.