Teachers pass CRTC’s final exams

BellThe CRTC has given approval to the acquisition of BCE by the Ontario Teachers Pension Plan (et al), subject to some conditions that do not appear to be onerous, subject to Teachers’ US partners being willing to be subservient to the Canadians.

Of significance is the guidance for structuring foreign ownership that this CRTC decision provides. The CRTC appears to have affirmed that the bar requires control by Canadians. Some had felt that simply being not controlled by non-Canadians was sufficient. Section 3(1) of The Broadcast Act states a positive requirement for ownership and control by Canadians. Contrast this with 16(3) of The Telecom Act, that uses a double negative: not controlled by non-Canadians.

This discussion, defining how Canadian do you have to be to pass scrutiny of foreign ownership, is likely to be helpful as alliances solidify for the AWS spectrum auction.

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