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Navigating the country’s telecommunications landscape a tricky task: Peter Menzies

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From the MacDonald Laurier Institute

By Peter Menzies

On the telecom side of things, the CRTC’s long-standing focus on the fundamental issues of access and affordability is far more tangible than the ethereal cultural ambitions that have swamped the broadcasting boat

Canada’s communications policy playing field is more uncertain today than it has been in decades.

The cause is primarily the Online Streaming Act (Bill C-11), which attempts to “modernize” the Broadcasting Act by defining all internet-based audio and visual content as “broadcasting.” Promoted by a series of heritage ministers as a simple matter of ensuring that streaming companies support Canadian content, the act has alarmed a thriving community of unregulated online creators while causing targeted offshore operators to question how they can continue operating in Canada.

Canadian Radio-television and Telecommunications Commission (CRTC) chair Vicky Eatrides, appointed last January, is clearly feeling pressure to implement Bill C-11 as quickly as possible. Following a series of rushed preliminary processes that made it challenging for many companies in the regulatory “rookie” category to participate, the CRTC’s first public hearing is scheduled for Nov. 20.

It involves 127 intervenors, is scheduled to last three weeks, and Eatrides hopes to have initial decisions made by the end of 2024.

With all her staff’s hands to the pumps on that file, Eatrides has shut down dealing with new licensing matters in the traditional broadcasting fields of television and radio for at least two years. All TV licences up for renewal this year were administratively renewed until 2025 (Bell has filed a court appeal). All of those expiring next year were renewed as is until 2026, and the radio industry was informed the CRTC won’t accept applications in that genre for at least two years, putting it in a regulatory cryo-chamber.

Meanwhile, active broadcasting files have been triaged to the extent that they are backed up, in some cases for years, leaving those involved without the decisions they need. The renewal of the CBC’s licence, for instance, remains incomplete 33 months after the CRTC’s public hearing into the matter.

On the telecommunications side, life is much more steady as she goes. Early in July, the CRTC laid out what it described as a more streamlined and flexible manner for determining wholesale access rates with the goal of fostering competition. But these matters are rarely dealt with swiftly, and incumbent companies affected by this new—and, to many, refreshing—approach have a long track record of being able to drag things out.

Competitor access rates is a matter that has preoccupied the CRTC for a decade; the rates have wavered back and forth since at least 2016, and the lack of regulatory certainty has had a debilitating impact on smaller service providers. The largest of those—TekSavvy—threw in the towel early this summer and put itself up for sale.

The management of so-called mobile virtual network operator rates, particularly relevant in the shadow of Quebecor’s purchase of Freedom Mobile, has moved along efficiently. This is another positive sign involving an area in which the CRTC is attempting to foster competition with increased regulatory certainty. When it comes to the telecom side of things, the regulator’s long-standing focus on the fundamental issues of access and affordability is, while complicated in terms of implementation, far more tangible than the ethereal cultural ambitions that have swamped the broadcasting boat.

Two other matters are worth watching.

The first—the CRTC’s role in overseeing negotiations as foreseen in the Online News Act—may evaporate. Meta has moved out of the business of carrying news in Canada, with disastrous consequences for those in the business of creating it. News Media Canada, the industry’s lobbying arm, is now asking the government to bow to Google’s demands before it does the same.

That could mean significant legislative amendments which could eliminate the CRTC’s role entirely. Seeing as the commission has already delayed decisions on which news organizations would qualify until late 2024, this would be a welcome relief.

The second will be whether the CRTC, when dealing with the likes of Disney and Netflix next month, realizes what’s at stake. The United States-based companies aren’t interested in contributing solely through official funds while all the commission appears to want to talk about is how much they should pay and to which funds.

Neither has threatened, as Meta and Google did with Bill C-18, to disconnect Canada if they don’t get the outcomes they need.

Not yet, anyway.

Peter Menzies is a senior fellow with the Macdonald-Laurier Institute, a former newspaper executive, and past vice-chair of the CRTC.

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Business

Trump: Americans to receive $2,000 each from tariff revenue

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From The Center Square

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President Donald Trump on Sunday said every American with the exception of the wealthy will receive $2,000 from the revenue the U.S. has collected from tariffs.

“A dividend of at least $2000 a person (not including high-income people!) will be paid to revenue,” Trump posted on Truth Social. He did not say when or how the tariff revenue would be distributed.

“We are now the richest, most respected country in the world with almost no inflation and a record stock market price. 401Ks are highest ever,” Trump wrote. “We are taking in trillions of dollars and will soon begin paying down our enormous debt, $37 trillion. Record investment in the USA, plants and factories going up all over the place.”

Trump has said he wants to use tariffs to restore manufacturing jobs lost to lower-wage countries in decades past, shift the tax burden away from U.S. families and pay down the national debt. Economists, businesses and some public companies have warned that tariffs will raise prices on a wide range of consumer products.

Trump’s Liberation Day tariffs have been challenged in federal courts as unconstitutional by some business groups and Blue states, who argue that only Congress has the authority to enact tariffs. The U.S. Supreme Court last week heard oral arguments in a consolidated case challenging the tariffs.

Even some of the court’s conservative justices seemed skeptical of Trump’s authority to issue sweeping tariffs. Trump addressed that skepticism in his social media post.

“So let’s get this straight? The president of the United States is allowed (and fully approved by Congress) to stop ALL TRADE  with a foreign country (which is far more onerous than a tariff) and LICENSE a foreign country, but it is not allowed to put a simple tariff on a foreign country, even for the purposes of NATIONAL SECURITY,” he wrote. “That is not what our great founders had in mind. The whole thing is ridiculous! Other countries can tariff us, but we can’t tariff them?  It is their DREAM!!! Businesses are pouring into the USA ONLY BECAUSE OF TARIFFS. HAS THE UNITED STATES SUPREME COURT NOT BEEN TOLD THIS??? WHAT THE HELL IS GOING ON???”

The Center Square’s Brett Rowland contributed to this report. 

Dan McCaleb is the executive editor of The Center Square.

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Agriculture

The Canadian Food Inspection Agency’s Bloodlust for Ostriches: Part 2

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I published an article about how the Canadian Food Inspection Agency (CFIA) failed to follow the science when trying to justify their horrific extermination of hundreds of healthy ostriches on a farm in a remote location in British Columbia, Canada. I addressed their misleading claim that it was necessary to safeguard human and animal health. Both science and plain common sense demonstrated that their claim was misinformation.

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How legitimate is their claim that killing was necessary to preserve the export market?

Now, I cannot allow the CFIA’s second misleading rationale for slaughtering the ostriches to go unchallenged. Specifically, the CFIA claimed that the killing was also required to safeguard Canada’s almost billion-dollar poultry export market. The issue is that exports can be suspended if the policies of the World Organization for Animal Health are contravened. But what the CFIA failed to disclose to the public was that our country is not considered a single geographical zone when it comes to these policies. Rather, it is divided into numerous zones.

When looking at the World Organization for Animal Health’s Terrestrial Animal Health Code, Article 10.4.3 jumps out as being particularly important in this case. It states:

A country or zone may be considered free from high pathogenicity avian influenza when” “absence of infection with high pathogenicity avian influenza viruses, based on surveillance […] has been demonstrated in the country or zone for the past 12 months”.

During this twelve-month timeframe, exports from anywhere within the affected zone would presumably have to be suspended and biosecurity polices adhered to. Indeed, this could be problematic if it meant shutting down the export market of an entire country for an entire year. But that was not the case here. Consider these facts:

  1. The farmers at the heart of this case had no need to maintain an export market within their region for the viability of their farming operation.
  2. Biosecurity protocols imposed by the CFIA were already being adhered to.
  3. It is my understanding that the ostrich farm was isolated within a remote designated zone. Therefore, suspending exports from that zone would not risk harming export potential for other farmers. Even if the zone did incorporate far-away farms, the CFIA could have done the right thing and attempted negotiating redrawing of boundaries with the World Organization for Animal Health to prevent or minimize indirect harm to other farms.

In other words, the ostriches could have been tested after the flock recovered from the disease outbreak, with testing ending twelve months later. If these tests were consistently negative, the World Organization for Animal Health would have officially declared the zone housing the ostriches to be virus-free and it would lift its moratorium on exports from that isolated zone.

My assessment is that this would have allowed the ostriches to live, with no substantial negative impact on the ability to export poultry products from Canada.

Further, common sense also places the CFIA’s rationale into question. Their battle with the farmers took place over the better part of a year while they apparently ignored this subsection of the policy, yet Canada’s poultry export market continued unhindered.

So I am curious as to why the CFIA has been so hell-bent on killing healthy ostriches to purportedly preserve Canada’s export market. Why didn’t they advocate for the farmers from the very beginning by leaning on clauses like Article 10.4.3 to negotiate with the World Organization for Animal Health? I thought that government agencies were supposed to serve the public that pays them. I saw no evidence of the CFIA trying to help the farmers. Instead they seemed focused on doing everything but try to help them. The optics would have been much better for the CFIA if they could produce documentation showing that they rigorously negotiated on behalf of the farmers about Article 10.4.3 with the World Organization for Animal Health but the latter blatantly refused to honour the requests.

Ultimately, it seems to me that the CFIA not only failed to follow the science, but it was also selective in its interpretation and defense of the policies.

It also makes me wonder if Article 10.4.3 had anything to do with why the CFIA was so adamant about not allowing the birds to be tested almost one year after the outbreak. To have demonstrated an absence of the virus almost one year later would have shown that they were on the cusp of being able to use Article 10.4.3 to restore Canada’s coveted country-wide avian influenza-free status.

By the way, all countries claiming to have avian influenza-free status are misleading people. Avian influenza viruses are endemic. They are carried and transmitted by wild birds, especially waterfowl, that migrate around the globe.

The most hypocritical aspect of this is that the people responsible for the deaths of hundreds of valuable, healthy ostriches that were almost certainly virus-free (prove me wrong with data), likely let their own kids play on beaches and parks that are routinely populated by ducks, geese, and seagulls, and stipple-painted with the feces of these birds that serve as natural reservoirs for the virus.

All hail the hypocritical virtue signaling!

To be consistent with their reasoning, every person that supported what the CFIA did to the healthy ostriches should never step foot on any premises frequented by wild birds.


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