New technology, like streaming services, has changed the way that Canadians connect with each other, do business and discover, access and consume content. Now more than ever, Canadians go online. To keep up with these changes we must modernize our legislative framework so that Canadian artists, artisans, businesses, consumers and broadcasters can adapt and thrive in a changing environment.
As committed to in Budget 2017, the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, and the Honourable Mélanie Joly, Minister of Canadian Heritage, today announced the launch of a review of the Broadcasting Act and the Telecommunications Act. The Radiocommunication Act will also be reviewed.
The review will update and modernize the legislative framework in a balanced way that takes into account the realities of Canadian consumers and businesses, and our artists, artisans and broadcasters without increasing the cost of services to Canadians.
The review will also address how to best promote competition and affordability for internet and mobile wireless.
It will examine how to best support the creation, production and distribution of Canadian content in both French and English—and focus on updating and modernizing the broadcasting system by exploring how all players are reflected within it and can contribute to it.
As a response to a unanimously passed motion in the House of Commons, the review will be guided by the principle of net neutrality and will explore opportunities to further enshrine in legislation the principles of net neutrality in the provision and carriage of all telecommunications services.
The review will be led by a panel of external experts and will be chaired by Janet Yale. Ms. Yale currently serves as president and CEO of The Arthritis Society. She has a long history in the communications sector, having previously served as executive vice president at TELUS and the president and CEO of the Canadian Cable Television Association. Ms. Yale also served as a Director General at the CRTC and as General Counsel at the Consumers Association of Canada. She is recognized as a leader in the not-for-profit sector, and currently serves on the boards of Samara, the Ottawa Art Gallery and Business for the Arts.
The panel is also composed of:
Mr. Peter S. Grant, who is Counsel and past Chair of the Technology, Communications and Intellectual Property Group at law firm McCarthy Tétrault LLP in Toronto. He is considered a pioneer in the field of communications law in Canada. His practice touches all areas of communications law – broadcasting and cable television, satellite services, copyright, mass media and press law, cultural industries and telecommunications.
Mr. Hank Intven, who is an Adjunct Professor at the University of Victoria in the areas of telecommunications, broadcasting and Internet law. For more than 30 years, he has been recognized as a leading advisor to business, governments and regulators in the telecommunications and broadcasting industries.
Ms. Marina Pavlovic, who joined the Faculty of Law at the University of Ottawa in July 2007 as an Assistant Professor. She is a member of the Centre for Law, Technology and Society at the university. She is an expert in dispute resolution, access to justice, conflict of laws, consumer protection, comparative law, and technology regulation and policy.
Ms. Monique Simard, who has a long and distinguished track record in the cultural industries. She was President and CEO of the Société de développement des entreprises culturelles (SODEC) from 2014 to 2018 and was previously Director General of the National Film Board of Canada’s French Program. In April 2018, she was appointed as Chair of the Board of the Quebecor Fund.
Ms. Monica Song, who is the head of Denton’s Communications Law group. She has nearly 20 years of experience as a leading Canadian lawyer in telecommunications and broadcasting, with in-depth knowledge of the Department of Innovation, Science and Economic Development (ISED) and the Canadian Radio-television and Telecommunications Commission (CRTC).
Mr. Pierre Trudel, who is a law professor at the Université de Montréal. He has also been a guest lecturer at Université Laval (Québec City), at Université de Paris II (Panthéon-Assas) and at Université de Namur (Belgium). From 1986 to 1988, he was the research director for the working group commissioned by the federal government to look at broadcasting policies.
The panel is expected to engage with the industry, creators, and Canadians—including those from Indigenous and official-language minority communities—in order to ensure that Canada’s communications legislation takes full advantage of the benefits that the digital age brings to our country. The Government looks forward to receiving the Panel’s final report and recommendations by January 31, 2020.
For more information, see the www.canada.ca/broadcasting-telecom-review for the review. Further updates on process will be available in the coming weeks.
“In Budget 2017, we committed to reviewing Canada’s communications legislation. Today we are delivering on that commitment. We want to ensure that our laws keep pace with Canada’s rapidly evolving telecommunications landscape so that Canadians can continue to receive world-class services. The review will consider whether changes need to be made to support affordability and availability. The panel will also examine how to build on Canada’s existing net neutrality framework to ensure that all Canadians continue to benefit from an open and innovative Internet.”
– The Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development
“The Broadcasting Act has always been one of the most important tools we have to protect and promote our culture and our diversity. This review will help us fulfill our commitments in Creative Canada to invest in our artists and artisans, promote Canadian content at home and globally, and strengthen our national public broadcaster. The principle guiding this review is clear: if you profit, you contribute—there is no free ride. We look forward to hearing from the panel on how we can best achieve these goals.
– The Honourable Melanie Joly, Minister of Canadian Heritage
- The Canadian communications industry generated revenues of $66.6 billion in 2016 ($48.7 billion for telecommunications and $17.9 billion for broadcasting).
- Canadian households spent an average of $223 every month on communications services in 2016.
- A 2017 study revealed that cellphone plan rates for Canadians are much more affordable in regions with aggressive competition.
- In September 2017, the Government announced its vision for Canada’s cultural and creative industries in a digital world, built on three pillars:
- Invest in our creators and cultural entrepreneurs.
- Promote discovery and distribution of Canadian content at home and abroad.
- Strengthen public broadcasting and support local news.
Seven lessons from 2020
Rebeca Ehrnrooth, Equilibrium Capital and CEMS Alumni Association President
Attending a New Year’s luncheon on 31 December 2019, we played a game that involved predicting the world in 2020. Some of the questions included: would Uber become profitable? Would the three-decade bond rally finally come to an end? Would the US hit a recession?
Unlike any of our predictions based on a traditional approach to business and predicting, we now know that 2020 became the year where business, professional and personal plans were turned upside down, reshaped and put-on hold. The proverbial black swan had arrived.
As revealed in a new CEMS Guide to Leadership in a Post-COVID-19 World, to which I contributed, the COVID-19 pandemic has exposed deficiencies in the 20th Century vision of leadership, giving a rare opportunity to question the status quo.
So, what are the main lessons from 2020?
- Humans are enormously adaptive. This is not an extinction scenario. The world is getting used to dealing with global human disaster which may become a recurring event. Life continues guided by new parameters.
- No sector or country is immune to rapid change. Just as the leveraged finance and equity markets ground to a halt during the Global Financial Crisis, we have seen a disruption in the financial markets (including M&A) in 2020, including a significant redistribution of wealth between sectors; think tech vs airlines and the hospitality industry. When a market is disrupted it has secondary and tertiary effects such as less work for accountants, lawyers, financiers etc.
- Location is not as important anymore. The belief that finance staff need to be based in one of the financial capitals to be effective has been forever altered. Pursuing a career in finance from anywhere is becoming possible. However, it’s likely that over time, financial controls and human interaction will move the work model back towards the traditional office approach, as work is a critical sanctuary for people. While working from home may allow more time for family, chores and sports, it is mainly effective for people who already have their internal and external networks. For junior employees it presents a notable challenge as they may be forced to spend their formative years without a chance to really build their networks.
- Change is likely to be lasting. The opportunity for alternative finance and tech focused providers is enormous and 2020 will accelerate this shift. For example, many retail banks are providing rather poor customer service, blaming the pandemic. Even the most loyal customers will be heading elsewhere. For recent graduates and current students this is a major shift; future winners and key employers may not be names we are used to seeing in the headlines.
- There will be a spotlight on leaders with visionary strategy and understanding of the operations. 2020 showed many politicians and business leaders behaving like they were playing a game of snakes and ladders, rather than executing a thought-out strategy. The next wave of thoughtful leadership is urgently required.
- Collaboration leads to success. The definition of a pandemic is an infectious disease prevalent worldwide. A global problem requires a collaborative solution rather than each country and industry on their own. Quoting Steven Riley, professor of infectious disease dynamics at Imperial College London: “Once you have the knowledge and you share the knowledge, then you are able to take measures to push transmission much lower”. This principle is transferable to management education. In a world more complex than ever, investing in a degree is hard currency. Combined with the full global alumni network, corporate partners and schools, CEMS is capital that doesn’t depreciate.
- Resilience has become a watch word. Saint-Exupéry’s quote resonates with me: “If you want to build a ship, don’t drum up people to collect wood and don’t assign them tasks and work, but rather teach them to long for the endless immensity of the sea.” We are in a new paradigm – so prepare for the next change. For COVID-19, while we hope that the vaccine will soon upon us, the broader long-term positive challenge remains.
Data after Brexit: How does the end of the transition affect GDPR?
By John Flynn, Principal Security Consultant at Conosco
The UK has officially left the European Union now that the transition period has ended on January 1st 2021. But this could raise issues with one of the biggest bugbears for many companies – the international transfer of personal data.
Businesses can relax, somewhat – GDPR, which took businesses months to get their heads around, is not being replaced. It will continue as the UK GDPR 2018, and will still be based on the criteria of the Data Protection Act of 2018. However, the UK will retain the right to change the UK GDPR as it sees fit in the future.
The main changes apply to those who receive data coming into the UK from Europe. Transfers from the UK to other countries can continue under existing arrangements.
We know it can be difficult to cut through the legal jargon, so we have simplified what you need to know to protect yourself and your data:
1 – Update your privacy notice
Most businesses do not have the correct clauses in place ahead of January 1st, potentially exposing their liability, should something happen to their data. All company privacy notices online will need to be updated to specifically state ‘UK GDPR’, as opposed to ‘EU GDPR’. You will also need standard contractual clauses in place, which cover both parties – those transferring and those receiving the data.
The Information Commissioner’s Office (ICO) has a list of what needs to be included in the standard contractual clause here. The ICO will remain the UK regulator for data protection, regularly liaising with each EU member state.
This also applies to Multi Corporate Groups who operate in multiple countries, who need to update their documentation and privacy notice to expressly cover the data transfers. The UK has applied for an adequacy assessment, which would negate the need for contractual clauses, however this has not yet been approved by the EU.
2 – Data privacy assessments
Any company which runs applications and software should always perform a Data Privacy Impact Assessment. This was also in the guidelines before, but these assessments are now more important for those who outsource their IT operations internationally.
For example, when using a service such as a cloud-based system, the company must be sure that its service provider adheres to UK GDPR and stores the data within the European Economic Area (EEA), or has a binding corporate agreement with the company, where data is stored outside of the EEA. You should also, as mentioned above, make sure that a contractual clause is in place.
3 – Review local legislation
Contracts should now have contractual clauses that specify the responsibilities of the data controller and the data processor. If you are receiving personal data from a country territory or sector covered by a European Commission adequacy decision, the sender of the data will need to consider how to comply with its local laws on international transfers. You should check local legislation and guidance in this case.
4 – Cyber Security health check
The ICO is increasing its capacity and efforts to crack down on data breaches, post-Brexit. Now is a great time for all companies to have a health check to understand their Information Security posture and GDPR compliance. Nobody wants to be caught handling data improperly and fined when it could have been prevented with education and training.
A gap analysis performed by an expert is money well-spent. It’s also a fact that companies that have cybersecurity and Information Security controls are not only able to better defend against attacks but are also far better placed to recover from an attack.
It’s important that all businesses – large and small – are properly preparing their data storage and transferring for the 1st January. ICO has been busy setting examples by fining large, high-profile companies for failing to keep millions of customers’ personal data safe.
It will continue to come down hard on the data breaches of personal identifiable information and special categories of data. The saying ‘prevention is better than a cure’ rings truer than ever this year, and you will thank yourself if you make the efforts to properly store your data now, and not when it’s too late.
2020 reflections and 2021 outlook
By John Hunter, Head of Banking and Fiduciaries, Finance Isle of Man
Reflections on the most surreal year
The Covid-19 pandemic has completely changed the world as we knew it, resulting in catastrophic loss of life and fears of a downturn hang over global economies like a sword of Damocles. In the UK, the new strain has further exacerbated the situation. As I am sure many have already said we are living in what could be called the most surreal times. People have been trying to cope with this “new normal”, by changing their lifestyles and evolving behaviours.
The Isle of Man responded swiftly to the pandemic by closing its borders and enforcing social restrictions which everyone respected and adhered to. Socially and culturally the Island demonstrated all the good things that come from living on a relatively small Island where community still means so much.
The Isle of Man’s financial services sector adapted quickly, seamlessly transitioning to working from home. The banks too adopted flexible remote working practices and continued to support clients around the world helping them navigate the challenging situation and making the most of any opportunities that arose.
Although there is no substitute for face-to-face interactions, we all embraced web-conferencing platforms like Microsoft Teams and Zoom to stay connected with contacts around the world and build and nurture business relationships, whether it was with financial services firms or high net worth individuals looking to relocate to the Island.
Furthermore, a priority for the Isle of Man has been to reinvigorate the business and cultural ties with South Africa. In a normal world, we would have travelled to the country, held in-person meetings with businesses and industry representatives and talked about building on our wonderful historic ties. However, because of the scale and breadth of disruption we had to change all our plans! We hosted a virtual roadshow which comprised a series of webinars exploring why it has never been more important for South African businesses and individuals to choose the right jurisdiction for long term financial planning.
Looking ahead to the future
We are all hoping that the global rollout of vaccines will provide the pathway to some form of return to normality and all the things people are missing will be back. Like amidst all periods of immense turmoil, interesting, new possibilities have emerged such as the revolution in work culture and a renewed importance of being close to nature and green spaces is. And these possibilities can help reshape society for the better.
The global economic recovery and rebuild might seem further away in the current environment especially amidst the new lockdowns. But we are confident in the resilience of economies and are hopeful that different industrial sectors and governments working together would result in green shoots.
The financial services industry has an important role to play in getting the world economy back on its feet. It is a core component of the solution to continue facilitating the financing of corporates, as well as to develop sustainable finance and nurture digital technologies which have proven to be vital during the pandemic. The sector should continue its cooperation and collaboration with governments and regulators to ensure efficient capital flows and financial stability for businesses and individuals.
Banks too have a crucial role to play as they are instrumental to the effective transmission of monetary policies and stimulus packages. As mentioned in a report by EY: “Financial insecurity in the wake of COVID-19 will require banks to boost consumer confidence and help build a more resilient working world.”
We expect the Isle of Man’s financial services sector and banks to continue navigating the situation with resilience as they have been doing thus far and contributing to the global recovery process. Also, we truly hope this will be our busiest year ever (subject to our ability to travel), with an extensive global schedule of planned activity to promote the Island as an international financial centre of excellence and innovation. Personally, I had planned to be in South Africa for the British & Irish Lions tour, but regrettably, it might not take place and as such we will look forward to catching up with friends there as and when we can.
No doubt, there are significant challenges for the world ahead but as Albert Einstein said: “in the midst of every crisis lies great opportunity”. And it is this opportunity that we all need to work together to identify and make the most of. We are confident that in 2021 the Isle of Man will continue to support financial services businesses help their clients, employees, and the wider society through these surreal times. We are all in this together.
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