Bill C-560: An Act respecting the locking of cellular telephones

C-560 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-560 An Act respecting the locking of cellular telephones first reading, June 17, 2010 Mr. Hyer 403013 SUMMARY This enactment provides that a telecommunications service provider is obligated to (a) inform a consumer who intends to purchase a cellular telephone from the provider whether the network access of the telephone is restricted by a lock; (b) remove free of charge, after the service contract has expired, any network lock that has been applied to a cellular telephone purchased at a discounted price by a consumer as a condition of entering into a service contract with the provider; and (c) remove free of charge any network lock that has been applied to a cellular telephone purchased by a consumer from the provider if the consumer does not enter into a service contract of at least six months in duration with the provider or if the consumer pays the total cost of the telephone handset before taking possession of it. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-560 An Act respecting the locking of cellular telephones Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Cell Phone Freedom Act. INTERPRETATION Definitions 2. The following definitions apply in this Act. “network lock”« verrou réseau » “network lock” means a function in a cellular telephone that restricts its use to a particular provider. “provider”« fournisseur » “provider” means a telecommunications service provider within the meaning of the Telecommunications Act that, for a fee, provides consumers with access to a wireless service network for cellular telephone use. “service contract”« contrat de service » “service contract” means a contract entered into by a provider and a consumer for access to a wireless service network for cellular telephone use. DUTY OF PROVIDER Duty to inform 3. No provider shall sell a cellular telephone to a consumer unless the provider first informs the consumer whether the network access of the telephone is restricted by a network lock to the wireless service network of the provider. SERVICE CONTRACTS Removal on expiration of service contract 4. If a consumer purchases a cellular telephone from a provider at a discounted price as a condition of entering into a service contract for the telephone with the provider, the provider shall, on the request of the consumer at any time after the service contract has expired, remove free of charge any network lock that has been applied to the telephone. Removal on request 5. If a consumer purchases a cellular telephone from a provider without entering into a service contract of at least six months in duration with the provider or if the consumer pays the total cost of the telephone handset before taking possession of it, the provider shall, on the request of the consumer at any time after the purchase, remove free of charge any network lock that has been applied to the telephone. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada