Canadian Telecommunications Regulation In 2025 And Implications For The Year Ahead

• Published date: 16 March 2026
• Subject Matter: Media, Telecoms, IT, Entertainment, IT and Internet, Mobile & Cable Communications
• Law Firm: Fasken
• Author: Ms Leslie Milton and Christopher Ferguson

2025 was an active year in Canadian telecommunications regulation. Key developments in the year included the introduction and subsequent retraction of lawful access legislation, the reintroduction of cybersecurity legislation, significant judicial decisions on the jurisdiction of the Canadian Radio-television and Telecommunications Commission ("CRTC" or "Commission") and government liability in tort, as well as regulatory decisions on direct-to-cell, wholesale broadband, broadband subsidy requirements and outage reporting. Decisions remain pending in a number of CRTC proceedings related to retail consumer wireless and Internet service marketing obligations.

Bill C-2 – Strong Borders Act: A Short-lived Proposal to Mandate Lawful Access Capabilities

On June 3, 2025, the Government tabled Bill C‑2, the Strong Borders Act, an omnibus bill addressing national security, border control, and information‑sharing measures. Bill C-2 included Parts 14 and 15, which address "lawful access." Part 14 amends the Criminal Code and the Canadian Security Intelligence Service Act to expand authority for data‑production orders, exigent‑circumstance disclosures, and tracking‑data requests. These amendments would expand the scope of warrantless access to subscriber information in the possession of "any person who provides services to the public." Part 15 introduces the Supporting Authorized Access to Information Act (SAAIA), which would establish a legal framework requiring telecommunications and other electronic service providers ("ESPs") to facilitate lawful‑access requests. Under SAAIA, all ESPs would be subject to a general obligation to provide reasonable assistance to authorized persons, while "core" providers designated by the Governor in Council would face additional requirements to develop and maintain operational and technical capabilities to respond to lawful‑access requests.

Bill C‑2 faced significant opposition from civil‑liberties groups, privacy advocates, and others, who raised concerns about the breadth of the lawful‑access provisions and their potential conflict with Charter rights and Supreme Court of Canada jurisprudence on subscriber information. Critics noted that Bill C‑2's definition of "electronic service provider" was broader than comparable legislation in other Five Eyes jurisdictions. In response, Public Safety Minister Gary Anandasangaree introduced Bill C‑12, the Strengthening Canada's Immigration System and Borders Act, without Parts 14 and 15...