The Canadian Parliament is considering additions to the existing Telecommunications Act that would give the government of recently-elected Prime Minister Mark Carney (pictured) sweeping new powers to interfere in communications businesses for the sake of defending national security. Put simply, the changes would give Carney’s government the right to instruct telcos about who they may purchase from and who they may sell to, without needing to reimburse telcos for their losses, and while requiring the government’s order be kept secret. Key elements of the first draft are quoted below.
Banning Suppliers and Stripping Equipment
If the government believes it necessary to secure Canada’s telecoms systems, it can issue an order to…
(a) prohibit a telecommunications service provider from using all products and services provided by a specified person in, or in relation to, its telecommunications network or telecommunications facilities, or any part of those networks or facilities; or
(b) direct a telecommunications service provider to remove all products provided by a specified person from its telecommunications networks or telecommunications facilities, or any part of those networks or facilities.
In Secret
The order may also include a provision prohibiting the disclosure of its existence, or some or all of its contents, by any person.
Without Compensation
No one is entitled to any compensation from His Majesty in right of Canada for any financial losses resulting from the making of an order under [the rule quoted above].
Restricting the Supply of Communications Services
The government can also issue orders to…
(a) prohibit a telecommunications service provider from providing any service to any specified person, including a telecommunications service provider; and
(b) direct a telecommunications service provider to suspend providing for a specified period any service to any specified person, including a telecommunications service provider.
Also In Secret
An order made under [the rule quoted immediately above] may also include a provision prohibiting the disclosure of its existence, or some or all of its contents, by any person.
Also Without Compensation
No one is entitled to any compensation from His Majesty in right of Canada for any financial losses resulting from the making of an order under [the rule about restricting services quoted above].
Hefty Daily Fines for Not Complying with Orders
The penalties for not obeying an order are cumulatively applied for each day of non-compliance. Both individuals and companies can be fined. The maximum daily penalties are the same for both kinds of government order.
(a) in the case of an individual, not exceeding $25,000 and, for a subsequent contravention, not exceeding $50,000; or
(b) in any other case, not exceeding $10,000,000 and, for a subsequent contravention, not exceeding $15,000,000.
A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.
Reference
Look here for the full text of Bill C-8, “An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts”, and a record of its progress through Parliament.
