Canada

Christianne Laizner and Chris Seidl to the Standing Committee on Industry, Science and Technology

November 18, 2014 10:07 PM

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Thank you, Mr. Chairman. 

My name is Christianne Laizner. I am the Senior General Counsel and Executive Director of the Legal sector of the Canadian Radio-television and Telecommunications Commission (CRTC). With me today is Chris Seidl, the CRTC's Executive Director, Telecommunications.

We are here today to answer your questions concerning Bill C-43, the Budget Implementation Act, No. 2, which proposes to grant the CRTC expanded tools and responsibilities. 

The CRTC is an independent, quasi-judicial tribunal that regulates Canada's telecommunications and broadcasting sectors. 

We operate in a transparent manner, and with the goal of upholding the public interest, so that Canadians have access to a world-class communication system. Our decisions are based on the evidence provided to us by the individuals, companies and organizations—including some on this panel—that participate in our public proceedings.

Mr. Chairman, we recognize that this committee must complete its review of Bill C-43 quickly, and we are happy to accommodate its schedule. We would ask the committee, however, to keep in mind that our responsibilities as a regulatory body set us apart from the other members of this panel.

Let me now turn to Bill C-43. As you know, this bill proposes to amend the Broadcasting Act and the Telecommunications Act to expand the powers of the CRTC. We believe that three of these amendments in particular will greatly enhance our ability to achieve the objectives Parliament has entrusted to us.

The first would allow the CRTC to issue monetary penalties to any company that violates the rules of the Telecommunications Act. Mr. Chairman, this is an important addition to the CRTC's toolkit. By granting us the power to issue monetary penalties, Bill C-43 would give us a new tool that would essentially act as a deterrent to anyone wanting to breach the legislation or our regulations.

Let me be clear for a moment on our use of monetary penalties. It is not our aim to turn to these penalties first. Our experience enforcing the National Do Not Call List and Canada's anti-spam legislation reminds us that the best enforcement approach should be determined by the particular facts of a case. Sometimes education or a warning may bring about compliance. Other times, a more forceful approach is needed. 

The option to use monetary penalties to promote compliance gives us greater flexibility to tailor the right enforcement approach to each situation.

I will now ask my colleague, Mr. Seidl, to address the other proposed amendments.

Mr. Chairman, I would like to begin by discussing the proposal to give the CRTC the authority to impose conditions on companies that resell telecommunications services provided to them by other carriers. 

Currently, we do not have direct jurisdiction over these companies to require them to, for example, provide emergency 9-1-1 services. We impose public-interest regulatory requirements on the carriers whose services they resell, and we look to the Canadian carriers to enforce these requirements with respect to the resellers.

Bill C-43 would allow us to regulate these resellers directly. That is an important change. It means that the CRTC can extend the same safeguards to Canadians across the country, regardless of the type of service provider they choose.

Finally, Bill C-43 would enable us to disclose the commercially sensitive information we receive to the Commissioner of Competition. By giving the Commissioner access to confidential information, he and his staff will likely be able to participate more meaningfully in our public proceedings. This, in turn, would give us a more complete public record upon which to base our decisions.

The CRTC takes pride in the role it plays in regulating Canada's broadcasting and telecommunications sectors. And we are ready to apply the new responsibilities provided to us under Bill C-43 to further uphold the public interest.

We would now be pleased to answer your questions. That being said, there are a number of ongoing proceedings before the CRTC. Mr. Chairman, I hope the committee members will understand that, depending on the question, our answers will necessarily be limited in order to maintain the integrity of those proceedings.

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