441-01415 (Justice)

Reliable telecommunications networks have never been more crucial. They support not only a wide range of economic and social activities but also other critical infrastructure sectors and government services, and they are crucial for emergency services and public safety. They are fundamental to the safety, prosperity and well-being of Canadians.  

The Government of Canada is taking action to improve the reliability of telecommunications and better protect Canadians. Following the Rogers outage in July 2022, the Minister of Innovation, Science and Industry brought together major telecommunications companies to improve Canada’s network reliability, and as a result, a memorandum of understanding between these companies is now in place with provisions on emergency roaming, mutual assistance, and improving public awareness around telecommunications emergencies. In September 2022, the Minister announced the Telecommunications Reliability Agenda, which includes a set of actions to improve the reliability and resilience of Canada’s telecommunications networks and better protect Canadians.  As part of this work, the Minister charged the industry members of the Canadian Security Telecommunications Advisory Committee (CSTAC) with developing a set of recommendations to improve the reliability of Canada’s telecommunications networks. Similarly, the Minister requested that the industry members of the Canadian Forum for Digital Infrastructure Resilience (CFDIR)  develop a set of recommendations to improve the reliability and resilience of digital infrastructure. 

CSTAC and CFDIR have both submitted reports containing their recommendations to the Minister and both reports have been made public. The Government of Canada thanks the Committee members for their work and is currently reviewing the recommendations, including the recommendation from CSTAC that the government consider changes to the Criminal Code. 

In addition, the Government of Canada has tabled Bill C-26, an Act Respecting Cyber Security, to strengthen and modernize our telecommunications framework to keep pace with the evolving threat environment. The proposed legislation seeks to amend the Telecommunications Act to include a new objective to promote the security of the Canadian telecommunications system. Furthermore, new provisions would be added to enable the Government to, by order, mandate that telecommunications service providers take action necessary to secure Canada’s telecommunications system from the threat of interference, manipulation or disruption, including enhancing its resiliency. 

The CRTC is also taking action to support resilient and reliable telecommunications networks in Canada. On February 22, 2023, the CRTC announced it would begin a series of consultations to develop a regulatory framework to improve telecommunications network reliability and resiliency.  As a first step, the CRTC announced new interim requirements for notification and reporting for telecommunications providers during major service outages. The CRTC is also considering further consultations on network resiliency principles, emergency services (9-1-1), public alerting and other consumer protection measures. In relation to 9-1-1 networks, the CRTC has asked the CRTC Interconnection Steering Committee (CISC) to provide a report with recommendations to improve resiliency and reduce impacts of outages on 9-1-1 networks and the public alerting system by September 15th, 2023. 

The Government of Canada also recognizes that vandalism and cable theft can have a serious impact on telecommunications infrastructure and can result in significant network outages. The Criminal Code of Canada currently contains a number of offences with tough penalties, up to life imprisonment, for persons who willfully damage, destroy or commit thefts in relation to telecommunications infrastructure and equipment:   

•    Section 52(1) of the Criminal Code creates the offence of sabotage. This offence carries a maximum penalty of 10 years imprisonment. The actions in section 52(2) include causing property to be lost, damaged or destroyed, which could include damage or destruction of telecommunication infrastructure. 

•    The offence of theft is set out at section 322(1) of the Criminal Code. Where the value of the theft is over $5,000, the maximum sentence is 10 years imprisonment. 

•    The offence of mischief at section 430(1) of the Criminal Code covers a wide range of conduct including the destruction, damage or interference with the lawful use, enjoyment or operation of property. This offence, when prosecuted by indictment, carries a maximum sentence of life imprisonment. 

•    Subsections 430(1.1)(a) and (b) criminalizes the destruction and alteration of computer data while subsection (c) and (d) criminalizes the obstruction, interruption or interference with the lawful use of computer data or a computer.   

•    Sections 467.12 and 83.3 of the Criminal Code create offences when crimes are committed on behalf of, or under the direction of, a criminal organization or terrorist group. When an indictable offence is committed for the benefit of, at the direction of or in association with a criminal organization, the offender is libel to imprisonment for a maximum of 14 years. However, where offences are committed at the direction of, or in association with, a terrorist organization, the maximum penalty is imprisonment for life, pursuant to section 83.2.

Canadians depend on telecommunications services in all aspects of their lives, and the security and reliability of networks has never been more crucial. The Government of Canada will continue to take action to strengthen and protect Canada’s telecommunications networks.