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Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation

SOR/2019-227

TELECOMMUNICATIONS ACT

Registration 2019-06-17

Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation

P.C. 2019-803 2019-06-16

Whereas the Governor in Council, in 2006, issued to the Canadian Radio-television and Telecommunications Commission an order entitled Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy ObjectivesFootnote a (the “2006 Direction”);

Whereas the telecommunications market and its regulation have changed since 2006 and the Governor in Council is of the opinion that additional directions should be issued to the Commission as a result of those changes;

Whereas one of the purposes of the additional directions is to guide the Commission on how the 2006 Direction is to be implemented;

Whereas, pursuant to subsection 10(1) of the Telecommunications ActFootnote b, the Minister of Industry had a copy of the proposed Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation published in the Canada Gazette, Part I, on March 9, 2019, substantially in the annexed form, and a reasonable opportunity was given to interested persons to make representations to the Minister with respect to the proposed Order;

Whereas, pursuant to subsection 10(1) of that Act, the Minister laid the proposed Order before each House of Parliament and 40 sitting days of Parliament have elapsed since the proposed Order was tabled in both Houses;

Whereas, pursuant to subsection 10(2) of that Act, the Minister consulted the Commission with respect to the proposed Order before it was published and laid and consulted the Commission again with respect to the proposed Order in its definitive form;

And whereas, pursuant to section 13 of that Act, the Minister, before making a recommendation to the Governor in Council for the purposes of this Order, notified the minister designated by the government of each province of the Minister’s intention to make the recommendation and provided an opportunity for each of them to consult with the Minister;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 8 of the Telecommunications ActFootnote b, makes the annexed Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation.

Direction

Marginal note:Principles

 In exercising its powers and performing its duties under the Telecommunications Act, the Commission must implement the Canadian telecommunications policy objectives set out in section 7 of that Act, in accordance with the following:

  • (a) the Commission should consider how its decisions can promote competition, affordability, consumer interests and innovation, in particular the extent to which they

    • (i) encourage all forms of competition and investment,

    • (ii) foster affordability and lower prices, particularly when telecommunications service providers exercise market power,

    • (iii) ensure that affordable access to high-quality telecommunications services is available in all regions of Canada, including rural areas,

    • (iv) enhance and protect the rights of consumers in their relationships with telecommunications service providers, including rights related to accessibility,

    • (v) reduce barriers to entry into the market and to competition for telecommunications service providers that are new, regional or smaller than the incumbent national service providers,

    • (vi) enable innovation in telecommunications services, including new technologies and differentiated service offerings, and

    • (vii) stimulate investment in research and development and in other intangible assets that support the offer and provision of telecommunications services; and

  • (b) the Commission, in its decisions, should demonstrate its compliance with this Order and should specify how those decisions can, as applicable, promote competition, affordability, consumer interests and innovation.

Effect of Order

Marginal note:Effect

 This Order is binding on the Commission beginning on the day on which it comes into force and applies in respect of matters pending before the Commission on that day.

Coming into Force

Marginal note:Registration

 This Order comes into force on the day on which it is registered.

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