- Member of Parliament
- Member of Parliament
- Conservative
- Dauphin—Swan River—Neepawa
- Manitoba
- Voting Attendance: 67%
- Expenses Last Quarter: $138,707.52
- Government Page
Mr. Speaker, I rise today to speak on Bill C-26, an act respecting cybersecurity, amending the Telecommunications Act and making consequential amendments to other acts. Cybersecurity is of the utmost importance to Canadians, and I am glad to see the topic debated in the House today.
Bill C-26 would amend the Telecommunications Act. I should note that any time the Telecommunications Act is changed, I am very interested. Not only am I the shadow minister for rural economic development and connectivity, but I also have a bill before Parliament, Bill C-288, that would amend the Telecommunications Act to provide Canadians better information when it comes to the service and quality they pay for.
The dependence on telecommunications throughout our society continues to grow. The uses of Internet and cellular services are foundational to both the social and economic success of Canada, so I appreciate seeing the government move forward with a bill to secure our telecommunications network through Bill C-26. However, I must ask this: What took so long?
It was over two years ago when this House of Commons passed a Conservative motion that called on the Liberal government to ban Huawei from our 5G network. Despite this motion passing in the House of Commons and the director of the Canadian Security Intelligence Service warning the government in 2018, it took years to ban Huawei from Canada's 5G network. Therefore, is Bill C-26 important? It absolutely is. Did it take too long to get here? It absolutely did.
I should note that I recently asked if the University of British Columbia continues to work with Huawei in any form. The response was, “Yes, we do”. The government has been warned about the risks to our national security over and over again, yet we fail to see concrete action.
Analyzing Bill C-26, I have a few questions and concerns.
In its current form, Bill C-26 allows the Minister of Industry to obtain and disclose information without any checks and balances. If passed, Bill C-26 would grant the minister the power to obtain information from the Canadian telecom companies. It could, “by order, direct a telecommunications service provider to do anything or refrain from doing anything...that is, in the Minister’s opinion, necessary to secure the Canadian telecommunications system, including against the threat of interference, manipulation or disruption.”
There are no specific details on what information can be collected when it comes to personal consumer data, nor is there any clarity on who the minister could share this personal information with. Could the minister share it with other ministers or other departments? As of now, it does not say the minister could not do so.
A recent research report entitled “Cybersecurity Will Not Thrive in Darkness: A Critical Analysis of Proposed Amendments in Bill C-26 to the Telecommunications Act” stated the following on this matter:
The legislation would authorize the Minister to compel providers to disclose confidential information and then enable the Minister to circulate it widely within the federal government; this information could potentially include either identifiable or de-identified personal information. Moreover, the Minister could share non-confidential information internationally even when doing so could result in regulatory processes or private right of actions against an individual or organization. Should the Minister or [any] other party to whom the Minister shares information unintentionally lose control of the information, there would be no liability attached to the government for the accident.
I think an accident by the current government happens quite a bit.
If Parliament is going to give the minister such powers, it is imperative that checks and balances exist. It is very important that, when we discuss the ability of a government to obtain personal information from Canadians, we ensure that Canadians are protected from the unauthorized use of such information.
I should also add to this conversation the impact Bill C-26 could have on smaller Internet service providers. Small Internet companies are foundational to improving competition within Canada's telecom industry, but they are sometimes left out of the conversation.
Bill C-26 would empower the minister to “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” or “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”.
We do not know what types of telecom infrastructure and equipment will be deemed a risk to our national security in the coming decades, so imagine that a local Internet service company builds a network using a specific brand of equipment. At the time, no one raises security concerns with the equipment or the manufacturer. The local Internet company is just beginning its operations, investing heavily in equipment to build a network and to compete with larger telecom companies.
Imagine that, five years later, the government deems the equipment the company invested in to be a national security threat, forcing it to remove and dispose of such equipment. The small Internet company trying to compete, which acted in good faith, has just lost a significant amount of capital because of a government decision. There is a strong possibility that this local Internet provider can no longer afford to operate.
I am hopeful this conversation can be had at committee to ensure the government is not unfairly impacting small, local and independent Internet companies. As I said, I am glad the House is debating the issue of cybersecurity, as the discussion is long overdue, but it is imperative that the issues I raised be addressed at committee, it is imperative that the issues my colleagues have raised be addressed at committee and it is imperative that the issues experts have raised be addressed at committee. That is why I will be voting to send Bill C-26 to committee in hopes that these concerns can be addressed.
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Madam Speaker, I want to bring attention to something from Michael Geist's testimony in front of the House of Commons Standing Committee on Canadian Heritage on September 23. I would encourage the member to go back and review this testimony.
He talked about government overreach. He talked about several troubling aspects of this bill when it comes to constitutional obligations and CUSMA challenges with respect to trade. However, here is the most troubling one with respect to government overreach. He said:
With regard to constitutional concerns, the bill isn't broadcast, it isn't telecommunications, and it's not copyright. How, then, does it fit within federal powers? If the government claims powers over anything involving the Internet, there are no real limits on jurisdiction.
I would keep that in mind as we debate this bill. This is a massive amount of government overreach that we should all be concerned about.
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Madam Speaker, section 72.01 of the Telecommunications Act addresses a breach within the act, so it is covered. I do believe if a telecommunications company is breaking the law it should be held to account. I have no problems with supporting that type of concept.
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moved that Bill C-288, An Act to amend the Telecommunications Act (transparent and accurate broadband services information), be read the second time and referred to a committee.
He said: Mr. Speaker, it is my pleasure to rise in the House to speak to my private member's bill, Bill C-288, an act to amend the Telecommunications Act.
Access to quality Internet is essential, and rural Canadians, in particular, understand the devastating impacts associated with poor Internet service across our nation. If members of the House were to speak with Canadians across our country, they would realize that many feel cheated, misled and ripped-off by Internet companies. This is because millions of Canadians are frustrated to learn that the Internet quality they are paying for is nowhere near what they expected.
Consumers make purchasing decisions based on information. When it comes to the Internet, Canadians expect the highest quality of service. Unfortunately, when consumers are making decisions on what Internet provider is best for them, they do not have access to the most accurate and realistic information.
Canadians are exposed to advertisements and offers that display a maximum theoretical speed. Misleading words such as “up to” are used in these ads to convince consumers that a service is better than it is. These theoretical speeds and performance metrics that consumers are provided with do not always reflect the actual speed delivered to them.
A constituent recently told me that she signed up for a high-speed wireless Internet plan that advertised download speeds of up to 50 megabits per second. Many speed tests later, she was not even getting 10% of that speed. If she knew what speed she was actually going to receive, she would never have signed a contract for such a high price.
The problem is that the current legislative landscape allows Internet service providers to advertise theoretical speeds without providing consumers with the speeds they can realistically expect. This confuses consumers, prevents competition and contributes to customer complaints.
Sure, the speeds that companies advertise have the potential to be reached, but the highest speeds are most likely reached during the hours when the consumer is not using the Internet. Some Canadians have called this practice “false advertising”, but it is not. Internet providers are following the law, which is why we need to change the law so it will benefit Canadians.
Data released by the Canadian Internet Registration Authority found that only one-third of Canadians believed their household received the “up to” speed included in their home Internet package all or most of the time. That is it. Only 33% of Canadians believe they fully receive the quality for which they pay. These numbers are even lower in my home province of Manitoba.
Canadians deserve to know what they are paying for, which is why I have introduced Bill C-288.
Bill C-288 would implement a simple change to ensure Canadians have access to accurate and transparent information. It would require Internet service providers to present a reliable indicator of the speeds and quality metrics that are in the public’s best interest.
The first pillar of the legislation is the requirement for Internet service providers to provide Canadians with typical download and upload speeds, not maximum theoretical speed but typical speeds. Canadians want to know what they can consistently expect to receive, not what they can receive once in a blue moon.
When Canadians visit any car dealership to purchase a new vehicle, there is a standardized label on the windows displaying the fuel economy of that specific vehicle. That number does not reflect the fuel economy when driving down a hill; it is a number that reflects what a driver can realistically expect to consume in fuel on average. This information is even divided into two categories to provide Canadians with better information, city and highway consumption. This enables consumers to make more informed purchasing decisions on what product best fits their needs. Consumers expect to know what they are paying for, and rightfully so.
The second pillar of the legislation would provide Canadians with the quality metrics that they can expect during the time that they will most likely use the service. I refer to this as the “peak period”. Few Canadians care what their Internet speeds are at 3 o’clock in the morning, but they do care what they are during work hours or family movie night. This is why Bill C-288 would require Internet providers to display speeds during peak periods. Consumers should understand how their Internet will perform when they are most likely to use the service.
Finally, the third pillar of the legislation would initiate a consultation process that would empower Canadians to develop a framework that is in the public's best interest.
Bill C-288 would empower consumers and industry to participate in public hearings that would contribute to a made-in-Canada model. Developing a model that works for Canada and clearly legislating the criteria is a better process than any policy directive led by the government.
We all know that access to accurate and transparent information is the bedrock of consumer decision-making and protection. Unfortunately, Canadians do not have access to it. As I mentioned earlier, this confuses consumers, prevents competition and contributes to customer complaints. Bill C-288 is a non-partisan pro-consumer bill.
The bill would not only enable Canadians to make informed purchasing decisions by providing them with accurate and transparent information, but it would also increase Internet quality within the industry. Competition is needed to ensure companies improve quality or decrease prices. When companies get too comfortable, they fail to innovate and improve.
Studies on Internet service across the world have proven that service quality increases with an increase in product transparency. Research conducted by Dr. Reza Rajabiun and Dr. Catherine Middleton from the Ted Rogers School of Information Technology Management published work on the correlation between information transparency and overall industry quality. Their research showed that a problem existed within the telecom industry because companies could not fairly compete based on quality due to the inability to signal their authentic service to potential consumers.
Imagine two Internet companies competing in Canada. I will refer to them as company X and company Y. They both advertise the same maximum theoretical speed of 50 megabits per second download and 10 megabits per second upload.
How do consumers know which service provider is better? They do not. On paper, both companies appear to offer high-quality Internet, however, we know they are advertising theoretical speeds rather than expected speeds. Although both companies advertise the same maximum theoretical speed, one provider may have much better service during the time when consumers are more likely to use the service.
For example, company X may be able to consistently deliver speeds 60% higher than company Y. This could be a result of multiple factors, including lower over-subscription ratios, improved operations or better equipment. However, company X cannot signal this quality due to the noise produced from the theoretical speed of company Y. As a result, company Y has no reason to improve its service to compete based on quality.
The researchers I mentioned earlier called this concept the “Lemons Problem” and stated the following:
Even if there are a large number of buyers of high quality products and sellers willing to meet their demand, the existence of the so-called Lemons Problem can generate markets where low quality goods dominate since providers of high quality goods cannot credibly signal the quality of their products due to the noise from their low quality rivals.
They also stated:
In addition to usual concerns about consumer protection, these considerations indicate that the potential for misleading advertising by low quality players in the market can distort platform competition and reduce the pace of technological change in the market for Internet connectivity.
If the House wants to improve telecom competition, we must allow Canadians to compare accurate information. Consumers will take their money elsewhere if a company's service quality is worse than its competitors.
Not all connectivity solutions require money; some require common sense. This legislation is truly a pro-consumer, common sense solution. That is why countries around the world are leading the way and have introduced similar policies that even go beyond the legislation we are debating today.
Australia is leading the way on this front. After consultation with the public and industry, the Aussies have implemented clear guidance and standards on advertising with typical speeds during peak periods, and consumers have benefited.
According to the Australian Competition and Consumer Commission's 2018 report on the effectiveness of broadband speed claims, these changes have promoted more competitive and efficient markets for the supply of broadband services. Overall, the effectiveness report concluded that increased transparency resulted in better quality services and better consumer understanding of performance.
After the industry guidance was implemented, Australian bandwidth congestion began decreasing.
Section 2.23 of the effectiveness report stated:
Overall we consider the Guidance has assisted in improving the information and support available to broadband consumers and promoting competition among RSPs.
That is a powerful statement for those looking to improve connectivity in Canada.
The United States proposed a broadband disclosure label for Internet service providers that resembled a nutrition label so consumers could easily understand and compare Internet packages.
In the U.K., the Internet service providers must state the average speed that at least 50% of their consumers receive during the high-usage hours.
Furthermore, the European Union's open Internet regulation requires Internet companies to provide information relating to their normally available minimum and maximum speeds. Clearly, this is a solution that protects consumers and increases competition through better information.
I should also note that in June 2021, the Standing Committee on Industry, Science and Technology published report 7, and recommended the following:
That the [CRTC] require Internet service providers to make information available to consumers on the usual download and upload speeds they can expect during peak periods so they can make more informed purchasing decisions based on accurate and transparent information, thereby improving the industry’s competitiveness overall.
Not one party dissented in that report.
I have been extremely appreciative of the industry experts and organizations that have supported this legislation. It confirms the importance of this issue and the impact it is having on Canadians.
I want to quote a statement released by OpenMedia, an organization that works to keep Internet open and affordable. The statement reads:
When you sign up for an Internet plan, you deserve to know what you’re paying for.... It’s a simple matter of truth and transparency. If an Internet provider is advertising certain speeds, consumers have the right to know before they buy if those speeds accurately reflect average network performance. Other countries have handled this issue — Canada is falling behind. We hope to see every MP support and help pass Bill C-288.
This is not a partisan issue; this is a Canadian issue. I hope that every member of the House will join me in supporting this legislation that would provide Canadians with accurate and transparent broadband information.
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moved for leave to introduce Bill C-288, An Act to amend the Telecommunications Act (transparent and accurate broadband services information).
He said: Madam Speaker, it is a pleasure for me to table this legislation to improve access to transparent and accurate broadband service information. This legislation is a near copy of my private member's bill in the 43rd Parliament. Unfortunately, due to an unexpected election, Bill C-299 never had the opportunity to make it to second reading, despite a broad and ever-growing level of support from Canadians.
Canadians know how important access to high-quality Internet service is, but they also know that this essential service is out of reach for too many Canadians. For years, Canadians have been purchasing Internet services at sky-high prices, only to realize that the quality and speed they expected to receive are nowhere near what they actually receive. Rural Canadians, in particular, feel that they are not receiving the Internet service they are paying for. This bill would provide Canadians with more accurate and transparent information so they will have a better understanding of the Internet quality they will receive.
I sincerely look forward to working with all members of this House to advance this non-partisan legislation.
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