Parliamentary Committee Notes: Industry Stakeholders and Associations – Telecommunications Act Amendments

Purpose

The Purpose Of This Note Is To Provide A Summary Of Stakeholders' Proposed Amendments For Part 1 Of Bill C-26, Which Includes Amendments To The Telecommunications Act.

Background

On June 14, 2022, The Government Introduced Bill C-26, An Act Respecting Cyber Security (ARCS) In The House Of Commons. The Bill Was Referred To The Standing Committee On Public Safety And National Security (SECU) On March 27, 2023.

This Proposed Legislation Will Protect Canadians And Bolster Cyber Security Across The Federally Regulated Financial, Telecommunications, Energy, And Transportation Sectors. Part 1 Of Bill C-26 Seeks To Amend The Telecommunications Act To Add Security As A Policy Objective, Bringing Telecommunications In Line With Other Critical Infrastructure Sectors. Part 2 Of Bill C-26 Introduces The Critical Cyber Systems Protection Act (CCSPA), Which Would Establish A Regulatory Framework To Strengthen Baseline Cyber Security For Services And Systems That Are Vital To National Security And Public Safety And Gives The Government A New Tool To Respond To Emerging Cyber Threats.

Considerations

If Bill C-26 Receives Royal Assent, Innovation, Science And Economic Development Canada (ISED) Is The Department That Will Be Responsible For Implementing The Amended Telecommunications Act. Accordingly, ISED Is Currently Assessing The Proposed Stakeholder Amendments To Provide A Recommendation To Assist The Government In Determining Whether It May Wish To Consider Any Of These Amendments Should They Be Proposed At Committee Stage.

Following Review Of Stakeholders' Written Submissions And Consideration Of The Issues Expressed At Second Reading Debate Of The Bill, ISED Identified A Number Of Topics Of Concern, Including The Need For Guardrails On Order-Making Powers, The Transparency Of Confidential Orders, The Importance Of Protecting Personal Information, And Issues With The Administrative Monetary Penalties Regime.

These Concerns Are Generally Aligned With The Intent Or The Desired Outcome Of The Legislation. That Said, Changes To Address Them Will All Likely Require Amendments, As Part 1 Is Not Seen As Relying On Regulations.

Next steps

Given These Four Topics Dominated Parliamentary Debate And That Several Speakers Announced That Amendments Would Be ‘Required' At Committee, The Government May Wish To Anticipate This And Consider Preparing And Moving Its Own Language.

Date modified:

2024-06-04