Whereas, on February 9, 2023, the Governor in Council issued a direction to the Canadian Radio-television and Telecommunications Commission ("Commission") in an order entitled Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy ("Order");
Whereas sections 2 and 8 of the Order set out the key objectives that should guide the Commission in the making of decisions of an economic nature;
Whereas sections 9 to 13 of the Order set out instructions with respect to fixed Internet competition;
Whereas, on August 13, 2024, the Commission issued Telecom Regulatory Policy CRTC 2024-180, entitled Competition in Canada's Internet service markets ("Framework Decision"), in which it established an updated regulatory framework for mandated wholesale high-speed access services ("Framework");
Whereas, on November 8, 2024, Bragg Communications Incorporated, carrying on business as Eastlink, Cogeco Communications Inc., on behalf of its subsidiary Cogeco Connexion Inc., Saskatchewan Telecommunications and the Competitive Network Operators of Canada presented to the Governor in Council a petition in writing ("Framework Petition") requesting that the Governor in Council vary the Framework Decision for the reasons set out in the petition;
Whereas, in November 2024, the Commission received, under section 62 of the Telecommunications Act ("Act"), three applications to review and vary the Framework Decision;
Whereas, on June 20, 2025, the Commission issued Telecom Decision CRTC 2025-154, entitled Consolidated applications to review and vary Telecom Regulatory Policy 2024-180 ("Decision"), in which it found that there was no substantial doubt as to the correctness of the Framework Decision and therefore declined to vary it;
Whereas, on August 6, 2025, the Minister of Industry announced the government's decision to decline the measures sought in the Framework Petition;
Whereas subsection 12(1) of the Act provides that, within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within 90 days after the decision, or on the Governor in Council's own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it;
Whereas, on September 18, 2025, petitions in writing ("petitions") were presented to the Governor in Council by Bragg Communications Incorporated, carrying on business as Eastlink, Cogeco Communications Inc., on behalf of its subsidiary Cogeco Connexion Inc., and Saskatchewan Telecommunications (jointly), the Competitive Network Operators of Canada and TekSavvy Solutions Inc. (jointly), and Rogers Communications Canada Inc. requesting a variance of the Decision for the reasons set out in the petitions and, in the case of Rogers' petition, a request for a partial referral back for reconsideration;
Whereas, under subsection 12(4) of the Act, a notice of receipt of the petitions was published in the Canada Gazette, Part I, by the Minister of Industry on October 18, 2025, indicating where the petitions and any petition or submission made in response to them may be inspected and copies of them obtained;
Whereas, under section 13 of the Act, the Minister of Industry has provided the provinces with an opportunity to consult with the Minister;
Whereas the Governor in Council has considered the petitions together with all of the information and advice received with respect to them;
Whereas the Governor in Council considers that bringing down costs for Canadians is a key priority and that restricting larger telecommunications service providers from accessing mandated wholesale high-speed access services, as requested in the petitions, would reduce the level of competition and consumer options in the retail high-speed Internet services market;
Whereas the Governor in Council considers that continued investment and innovation in telecommunications networks are crucial and notes the Commission put in place investment protection measures in the Framework Decision and reiterated them in the Decision, and has set cost-based interim rates which include a profit margin;
Whereas the Governor in Council believes the Commission is well placed to monitor the impact of the Framework and notes the Commission's commitment to continue to do so and to adjust its approach as necessary, including in response to market impacts that undermine the key objectives of the Order;
