Minimum term and renewal
37 Minimum term and renewal
The term of an access agreement is such term as the parties agree and set out in the access agreement, but in any event must not be less than 3 months.
Subject to the terms of the access agreement, an access agreement with an original term of one year or more may be renewed by the user for a further term equal to the original term —
if the original term is less than or equal to 3 years, then by written notice to the corporation received at least 3 months prior to expiration of the original term; or
if the original term is more than 3 years, then by written notice to the corporation received at least 6 months prior to expiration of the original term,
without the requirement for a further access application.
In assessing whether or not there is a spare capacity, it must be assumed that an access agreement which may be renewed in accordance with subregulation (2) will be renewed in accordance with that regulation until the time for exercising the option to renew contemplated by that regulation has expired without that option being exercised.
[Regulation 37 amended: Gazette 31 Mar 2006 p. 1339‑40.]
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