CRTC weighs in on legality of Quebec online gambling law

The CRTC is looking for input on a preliminary view it’s taken regarding the legality of blocking of Internet content, as it considers how to deal with a complaint about a Quebec law mandating blocking of illegal gambling websites. In a letter Thursday, the CRTC said it holds a preliminary view that section 36 of the Telecommunications Act “prohibits the blocking by Canadian carriers of access by end-users to specific websites on the Internet, whether or not this blocking is the result” of the Internet traffic management practices (ITMPs) of service providers. It said in the letter that the commission is “exclusively responsible for the administration of this provision and will remain so, regardless of any finding with respect to the constitutionality of section 12 of Bill 74.” The commission said it is now seeking comment on that view, which should be submitted within 15 days. Legislation that would force Internet service providers (ISPs) to block some online gambling websites was passed by Quebec's national assembly in May. It is now before the Quebec Superior Court, after the Canadian Wireless Telecommunications Association (CWTA) filed an application in July claiming a constitutional violation. The CWTA argued that article 12 of Bill 74 creates a “distinct prohibitive regime for Quebec citizens and the role exclusively designated to the CRTC by the federal regulatory regime.” It said in May that the law could potentially put smaller ISPs out of business. Earlier this summer, the Public Interest Advocacy Centre (PIAC) asked the CRTC to deem the law unconstitutional. PIAC argued in a July application that the legislation “is in direct conflict” with section 36. The CRTC suspended the deadlines in that complaint after the CWTA filed its court case. The CRTC said in the letter that it had previously given guidance on issues related to section 36, and blocking of content by Internet providers would “require the prior approval of the Commission in order to be implemented.” Even then, the commission continued, that kind of application would need to “further the telecommunications policy objectives set out in section 7 of the Act,” which it said would require “exceptional circumstances.” The CRTC also said in the letter that, because the relief that PIAC is seeking is “integrally connected to the constitutionality of section 12 of Bill 74,” it is of the preliminary view that its application be suspended pending a decision on the constitutional issues before the courts. Parties can file their comments on the matter over the next 15 days, it added. — With reporting by Ahmad Hathout at ahathout@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca CLARIFICATION: This article has been edited to reflect that the Public Interest Advocacy Centre is the only consumer group to file a complaint with the CRTC about the Quebec law.

CRTC weighs in on legality of Quebec online gambling law

News | September 1, 2016

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CRTC weighs in on legality of Quebec online gambling law

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