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Alberta Government Telephones v Canada (Canadian Radio-television and Telecommunications Commission), [1989] 2 SCR 225

Facts:

AGT says it is not under the CRTC jurisdiction, because it is not a fed undertaking and even if it were AGT is a provincal Crown agent and as such is entitled to claim immunity from relevant fed statutes. AGT part of Telecom Canada

Issue(s):

Is P subject to the regulatory authority of the respondent?

Ratio:

To determine whether AGT is inter-provincial, ask whether it engages in regular and continuous service [Winner]

Analysis:

Framework for analysis (Northern Telecom)
*The question whether an undertaking, service or business is a federal one depends on the nature of its operations (nature of service it provides)
*In order to determine the nature of the operation, one must look at the normal or habitual activities of the business as those of “a going concern”
*AGT regularly and continuously provides long distance calls

Conceded that AGT is an undertaking – issue is whether it is “local” or an undertaking connecting the Prov w/ any other or others of the provs, or extending beyond the limits of the Prov.
**The location of the physical apparatus in one province and the fact that all the recipients of a service are within a single province will not preclude a finding that an undertaking is interprovincial in scope
***The primary concern is not the physical structures or their geographical location, but rather the service, which is provided by the undertaking through the use of its physical equipment.
****The fact that a company does not own or operate physical facilities outside a particular province does not mean that the company's undertaking is necessarily local in nature

The fact that members of Telecom Canada own their “works” does not make AGTs system less interprovincial and does not make TC a mere loose association of interested parties – Ownership itself is not conclusive (Northern Telecom)

Holding:

AGT is an interprovincial undertaking w/in meaning of s.92(10)(a)

Comments:

Despite the fact that it has no infrastructure outside of AB - should be looking at the services it provides.


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