Telecommunications Act (S.C. 1993, c. 38)

Marginal note:Provincial consultation

13 The Minister, before making a recommendation to the Governor in Council for the purposes of any order under section 8 or 12, or before making any order under section 15, shall notify a minister designated by the government of each province of the Minister’s intention to make the recommendation or the order and shall provide an opportunity for each of them to consult with the Minister.

Marginal note:Report

14 The Governor in Council may require the Commission to make a report on any matter within the Commission’s jurisdiction under this Act or any special Act.

Marginal note:Technical standards

• 15 (1) The Minister may, where the Minister is satisfied that to do so will further the Canadian telecommunications policy objectives, by order made after consultation with the Commission, establish standards in respect of the technical aspects of telecommunications and require the Commission to give effect to them.

• Marginal note:Incorporation by reference

  (2) An order that incorporates a standard by reference may incorporate it as amended from time to time.

• Marginal note:Publication of proposed orders

  (3) Any order proposed to be made under this section shall be published in the Canada Gazette at least sixty days before its proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order.

• Marginal note:Modification after publication

  (4) A proposed order that is modified after publication need not be published again under subsection (3).

Marginal note:For greater certainty

15.01 For greater certainty, in sections 15.1, 15.2, 15.5 and 15.7, interference with or manipulation, disruption or degradation of a telecommunications system include actions of a technical nature that impede the operation of the telecommunications system but do not include the effect of lawful expression, persuasion or political debate.

Marginal note:Security of Canadian telecommunications system — Order in Council

• 15.1 (1) If the Governor in Council believes on reasonable grounds that it is necessary to do so to secure the Canadian telecommunications system against any threat, including that of interference, manipulation, disruption or degradation, and that it is reasonable in relation to the gravity of that threat, the Governor in Council may, by order and after consultation with the persons the Governor in Council considers appropriate,

  • (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.

• Marginal note:Scope and substance

  (2) The provisions of the order must, in scope and substance, be necessary and reasonable in relation to the gravity of the threat, including that of interference, manipulation, disruption or degradation.

• Marginal note:Non-disclosure

  (3) The order may also include a provision prohibiting the disclosure of its existence, or some or all of its contents, by any person.

• Marginal note:Non-disclosure — factors

  (3.1) Before including in the order a provision to prohibit the disclosure of its existence, or some or all of its contents, the Governor in Council must consider

  • (a) the extent to which the disclosure could, in the Governor in Council’s opinion, compromise the objective of the order;

  • (b) the necessity of including such a provision in light of the nature of the threat;

  • (c) the possibility of limiting the scope of the prohibition;

  • (d) the impact of non-disclosure on the principles of transparency and accountability of the Government of Canada;

  • (e) any representations made by the affected telecommunications service providers; and

  • (f) any other factor that the Governor in Council considers relevant.

• Marginal note:Factors

  (4) Before making the order, the Governor in Council must consider

  • (a) its operational impact on the affected telecommunications service providers;

  • (b) its financial impact on the affected telecommunications service providers;

  • (c) its effect on the provision of telecommunications services in Canada, including on the confidentiality and security of telecommunications;

  • (c.1) its potential impacts on the privacy of Canadians; and

  • (d) any other factor that the Governor in Council considers relevant.

• Marginal note:Prepublication

  (5) The Governor in Council may cause a draft order to be published in the Canada Gazette.

• Marginal note:Publication

  (6) Any order made under subsection (1) must be published in the Canada Gazette within 90 days after the day on which it is made, unless the Governor in Council directs otherwise in the order.

• Marginal note:Conflict

  (7) In the event of any inconsistency between an order made under subsection (1) and a decision of the Commission made under this Act or an order made or an authorization issued by the Minister under this Act or the Radiocommunication Act, the order made under subsection (1) prevails to the extent of the inconsistency.

• Marginal note:No compensation

  (8) 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 subsection (1).

Marginal note:Security of Canadian telecommunications system — Minister’s order

• 15.2 (1) If there are reasonable grounds to believe that it is necessary to do so to secure the Canadian telecommunications system against any threat, including that of interference, manipulation, disruption or degradation, and that it is reasonable in relation to the gravity of that threat, the Minister may, by order and after consultation with the Minister of Public Safety and Emergency Preparedness and with the persons the Minister considers appropriate,

  • (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.

• Marginal note:Exception

  (1.1) Despite paragraph (1)(b), no order may be made directing the suspension of service to an individual, unless the order is necessary to secure the Canadian telecommunications system against any specified threat of a technical nature.

• Marginal note:Order

  (2) If the Minister believes on reasonable grounds that it is necessary to do so to secure the Canadian telecommunications system against any threat, including that of interference, manipulation, disruption or degradation, and that it is reasonable to do so in relation to the gravity of that threat, the Minister may, by order,

  • (a) prohibit a telecommunications service provider from using any specified product or service in, or in relation to, its telecommunications network or telecommunications facilities, or any part of those networks or facilities;

  • (b) direct a telecommunications service provider to remove any specified product from its telecommunications networks or telecommunications facilities, or any part of those networks or facilities;

  • (c) impose conditions on a telecommunications service provider’s use of any product or service, or any product or service provided by a specified person, including a telecommunications service provider;

  • (d) impose conditions on a telecommunications service provider’s provision of services to a specified person, including a telecommunications service provider;

  • (e) prohibit a telecommunications service provider from entering into a service agreement for any product or service used in, or in relation to, its telecommunications network or telecommunications facilities, or any part of those networks or facilities;

  • (f) require that a telecommunications service provider terminate a service agreement referred to in paragraph (e);

  • (g) prohibit a telecommunications service provider from upgrading any specified product or service;

  • (h) require that a telecommunications service provider’s telecommunications networks or telecommunications facilities, as well as its procurement plans for those networks or facilities, be subject to specified review processes;

  • (i) require that a telecommunications service provider develop a security plan in relation to its telecommunications services, telecommunications networks or telecommunications facilities;

  • (j) require that assessments be conducted to identify any vulnerability in a telecommunications service provider’s telecommunications services, telecommunications networks or telecommunications facilities or its security plan referred to in paragraph (i);

  • (k) require that a telecommunications service provider take steps to mitigate any vulnerability in its telecommunications services, telecommunications networks or telecommunications facilities or its security plan referred to in paragraph (i);

  • (l) require that a telecommunications service provider implement specified standards in relation to its telecommunications services, telecommunications networks or telecommunications facilities;

  • (m) direct a telecommunications service provider to do a specified thing or refrain from doing a specified thing, other than a thing specified in subsection (1) or 15.1(1); or

  • (n) require that a telecommunications service provider use a backup system for telecommunications facilities.

• Marginal note:Private communication

  (2.1) Despite subsection (2), the Minister must not order the decoding of an encrypted private communication, as defined in section 183 of the Criminal Code.

• Marginal note:Scope and substance

  (3) The provisions of an order made under subsection (1) or (2) must, in scope and substance, be necessary and reasonable in relation to the gravity of the threat, including that of interference, manipulation, disruption or degradation.

• Marginal note:For greater certainty

  (4) For greater certainty, despite subsection (2), the Minister is not permitted to order a telecommunications service provider to intercept a private communication or a radio-based telephone communication, as those termsare defined in section 183 of the Criminal Code.

• Marginal note:Non-disclosure

  (5) An order made under subsection (1) or (2) may also include a provision prohibiting the disclosure of its existence, or some or all of its contents, by any person.

• Marginal note:Non-disclosure — factors

  (5.1) Before including in an order made under subsection (1) or (2) a provision to prohibit the disclosure of its existence, or some or all of its contents, the Minister must consider

  • (a) the extent to which disclosure could, in the Minister’s opinion, compromise the objective of the order;

  • (b) the necessity of including such a provision in light of the nature of the threat;

  • (c) the possibility of limiting the scope of the prohibition;

  • (d) the impact of non-disclosure on the principles of transparency and accountability of the Government of Canada;

  • (e) any representations made by the affected telecommunications service providers; and

  • (f) any other factor that the Minister considers relevant.

• Marginal note:Factors

  (6) Before making an order under subsection (1) or (2), the Minister must consider

  • (a) its operational impact on the affected telecommunications service providers;

  • (b) its financial impact on the affected telecommunications service providers;

  • (c) its effect on the provision of telecommunications services in Canada, including on the confidentiality and security of telecommunications;

  • (c.1) its potential impacts on the privacy of Canadians; and

  • (d) any other factor that the Minister considers relevant.

• Marginal note:Prepublication

  (7) The Minister may cause a draft order to be published in the Canada Gazette.

• Marginal note:Publication

  (8) Any order made under subsection (1) or (2) must be published in the Canada Gazette within 90 days after the day on which it is made, unless the Minister directs otherwise in the order.

• Marginal note:Conflict

  (9) In the event of any inconsistency between an order made under subsection (1) or (2) and a decision of the Commission made under this Act or another order made, or any authorization issued, by the Minister under this Act or the Radiocommunication Act, the order made under subsection (1) or (2), as the case may be, prevails to the extent of the inconsistency.

• Marginal note:No compensation

  (10) 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 subsection (1) or (2).

Marginal note:Report on orders

• 15.21 (1) The Minister shall cause to be tabled in each House of Parliament, within three months after the end of each fiscal year or, if either House is not then sitting, on any of the first 15 days of the next sitting of that House, a report on the orders made under subsection 15.1(1) and subsections 15.2(1) and (2).

• Marginal note:Contents of report

  (2) The Minister shall include in the report, for the fiscal year covered by the report, the following information:

  • (a) the number of orders made and the nature of the orders;

  • (b) the number of orders that were revoked;

  • (c) the number of telecommunications service providers affected by an order;

  • (d) a description of compliance of telecommunications service providers that partially complied with an order;

  • (e) a description of compliance of telecommunications service providers that fully complied with an order; and

  • (f) an explanation of the necessity, reasonableness and utility of the orders.

• Marginal note:Contents of report — conflicts

  (3) The report shall state the number of times that an order prevailed over a decision of the Commission made under this Act during previous fiscal year.

Marginal note:Notice by Minister

15.211 The Minister must, within seven days after an order is made under section 15.1 or 15.2 — other than an order that includes a provision prohibiting the disclosure of its existence, or some or all of its contents — give a notice containing the order to any person specified in that order.