C-398
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-398
An Act to amend the Telecommunications Act (Internet neutrality)
first reading, May 29, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Angus
402281
SUMMARY
This enactment amends the Telecommunications Act to prohibit telecommunications service providers from engaging in network management practices that favour, degrade or prioritize any content, application or service transmitted over a broadband network based on its source, ownership, destination or type, subject to certain exceptions. This enactment also prohibits telecommunications service providers from preventing a user from attaching any device to their network and requires telecommunications service providers to make information about the user’s access to the Internet available to the user.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-398
An Act to amend the Telecommunications Act (Internet neutrality)
1993, c. 38
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Telecommunications Act is amended by adding the following after section 36:
NETWORK MANAGEMENT
Network management practices
36.1 (1) Telecommunications service providers shall not engage in network management practices that favour, degrade or prioritize any content, application or service transmitted over a broadband network based on its source, ownership, destination or type.
Exceptions
(2) Nothing in subsection (1) shall be construed as limiting or restricting the right of a telecommunications service provider to
(a) manage the flow of network traffic in a reasonable manner in order to relieve extraordinary congestion;
(b) provide reasonable security protection for a user's computer or the network;
(c) give priority to emergency communications;
(d) offer directly to each user service at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user's connection;
(e) offer directly to each user consumer protection services, including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities, provided that the user is given clear and accurate advance notice of his or her ability to refuse or subsequently disable each consumer protection service;
(f) handle breaches of the terms of service, provided the terms of service are not inconsistent with subsection (1); and
(g) act in accordance with federal and provincial law.
Attaching a device
(3) Telecommunications service providers shall not prevent or obstruct a user from attaching any device to their network, provided the device does not physically damage the network or substantially degrade the use of the network by other subscribers.
Information available to user
(4) Telecommunications service providers shall make available to each user information about the user’s access to the Internet, including the speed, limitations, and network management practices of the user's broadband service at any given time.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada