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Top 5 of 2025

Which of my blog posts were the Top 5 in 2025, the posts attracting the most attention?

Looking at the analytics, these 5 articles had the most individual page views:

  1. Foreign ownership restrictions in turbulent times” [March 13, 2025]
  2. Fifteen million of other people’s money” [January 30, 2025]
  3. Is it time to disband the CRTC?” [October 6, 2025]
  4. Time to modernize outdated telecom rules” [January 29, 2025]
  5. The inefficiencies of regulatory arbitrage” [March 12, 2025]

Honourable mentions go to:

Unlike last year, where most of the top posts read in 2024 came from the archives, all of the top 5 posts were written this year. Still, the archives continue to provide interest to so many readers, with nearly 3400 posts written over the past 28 years.

Which of my blog posts resonated the most with you?

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I hope the coming holiday period provides an opportunity to connect (in person) with your family and friends. I will be back in the New Year. In the meantime, let me repeat my very best wishes for health, happiness and peace in the year ahead.

Telecom policy to support investment

Telecom policyHow should telecom policy evolve to improve the incentives for investment in infrastructure?

A recent Policy Briefing from Hill Times focused on telecom. At least two of the articles addressed the question of whether government policies will support investment in telecom infrastructure, or constrain it.

In “Major projects? Not without telecom”, Canadian Telecommunications Association CEO Robert Ghiz emphasized that none of the transformative projects under discussion (such as liquefied natural gas expansion, tide water pipelines, or the proposed high-speed rail link between Toronto and Quebec City) can succeed without investment in world-leading telecommunications networks.

Canada’s telecommunications providers have a strong record of investing in the networks that make these projects possible. Over the past decade, the industry has poured more than $130 billion into building and upgrading wireless and wireline infrastructure. That investment has delivered among the fastest and farthest-reaching networks in the world.

In short, the industry has shown it can invest at scale, drive innovation, and deliver lower prices and more value. But sustaining that record depends on the right policy environment.

When governments establish rules that discourage investment—whether through wholesale internet access frameworks that undercut incentives to build, or consumer policies that pile on compliance costs without improving outcomes—they risk diverting resources away from the very networks that Canada’s major projects will depend on.

Writing in the same edition of Policy Briefing, Erik Bohlin, the Ivey Chair in Telecommunication Economics, Policy and Regulation at Western University’s Ivey Business School, observes that investment resources are currently flowing outward from Canada, rather than attracting foreign direct investment. Why?

“Among others, Canada’s existing inventory of regulatory measures—including spectrum set-aside policies, roaming policies, mobile virtual network operator measures and more—may need to be questioned whether they may run counter to broader resilience goals.” He asks, “What are the resilience impacts of network-based competition vs. service competition?”

Both articles speak to the need to support investment in resilient, world-class telecommunications networks, aligning telecom policy with our overall national industrial policy.

Supporting investment for network resilience has been a frequent theme on these pages. As Robert Ghiz writes, “Just as governments are designing policies to reward building of other critical infrastructure, they must ensure that their policies and regulations encourage continued capital investment by facilities-based network providers.”

Last week, Brian Lilley wrote in the Sun papers, “In the United States business investment is up as they cut useless regulations and welcome companies. In Canada, we won’t cut regulation and the PM puts out a list of preferred projects that still may not happen.” In linking to that article, Senator Leo Housakos tweeted, “Canada’s challenge has been attracting foreign investment and keeping capital from fleeing. Lilley is absolutely right that the lack of investment into Canada is largely due to bureaucracy and government interventionism.”

At the very least, government policy should not discourage investment – a theme explored in my post last week.

Ideally, in Canada’s current economic climate, seeking to stimulate national infrastructure projects, there should be better support for digital infrastructure.

OECD Economic Survey of Canada

OECD Economic SurveyIn late May, we saw the release of the 2025 OECD Economic Survey of Canada.

Canada tends to perform very well in basic research, as illustrated by its strong research impact, which plays a key role in driving breakthrough innovations with broad industrial potential.

Low business R&D activity points to challenges in translating basic research into large scale commercial applications. This might reflect difficulties to bridge university research with business needs and to ramp up commercialisation. Canada’s promising start-ups are often acquired and developed abroad and the same goes for intellectual property products.

The report notes that production of patents in Canada has grown considerably over the past 30 years, but this growth has only had a weak impact on total factor productivity because of inventors leaving Canada, and foreign acquisition of the patents and intellectual property. The OECD Economic Survey observed “a propensity to assign Canadian-invented intellectual property to foreign firms rather than retain it for further development.”

To me, this points to an aversion to risk among companies developing promising innovations. The OECD Economic Survey notes that support for R&D by the Canadian government tends to favour small firms over larger ones. The largest government program to support R&D activities is the Scientific Research and Experimental Development (SR&ED) tax incentive.

SR&ED provides an enhanced and refundable tax credit of 35% of current expenditures to small and medium Canadian-controlled private corporations, compared to a non-refundable tax credit of 15% for larger businesses. The OECD report recommends harmonizing the programs to improve the overall effectiveness and reduce distortions, such as subsidizing investments that would have been made regardless of public support. We have all seen examples of ceremonial government cheques being handed over to companies doing things that they would (or should) be doing on their own.

For a long time, I have expressed concern that government attempts at picking winners can inevitably create more losers.

The OECD Economic Survey says there is room to improve Canada’s regulatory environment. It says Canada’s natural disadvantage – having dispersed and relatively
small markets – should be countered by ensuring regulatory barriers are as low as possible. The OECD calls for “ensuring telecommunications markets are competitive and thus providing the quality digital access that is essential to smooth business operations.”

Looking well beyond telecommunications and broadcasting, “regulation” and “regulatory” appear more than 100 times in the 136-page report [pdf, 5.5MB]. The OECD complains that Canada’s regulatory environment “poses a burden on productivity growth”.

Internal trade barriers remain significant and should be reduced more quickly. Barriers on foreign investment should be revisited. Additionally, improving mutual recognition, including on foreign credentials, of qualifications across provinces would lower internal barriers to labour market mobility.

The OECD Economic Survey suggests increasing the digital intensity of the economy, another theme you have frequently seen on these pages.

According to the OECD, “Boosting productivity requires a combination of policies, including rebalancing R&D support, reducing regulatory barriers in internal markets, enhancing competition and digitalisation of the economy, and fully utilising women’s skills.”

Along those lines, a recent post by Eric Fruits in Truth on the Market talks about the need to consider regulatory reform as a means to increase competitive intensity. “When many think about monopolies and unfair business practices, they typically picture large corporations squashing smaller rivals. But there’s another significant culprit restricting competition that gets far less attention: government regulations themselves.” His article refers to a number of areas, with headings like: The Permission-Slip Economy; The Licensing Trap; Legal Immunity for Anticompetitive Behavior; When Government Competes Unfairly; Inflating Public-Project Costs; Energy-Market Distortions; and, Agency Overreach.

As Dr. Fruits writes, “True competition policy requires treating government-created barriers with the same skepticism we apply to private anticompetitive conduct.”

In his keynote address a couple weeks ago at The 2025 Canadian Telecom Summit, CTA CEO Robert Ghiz said “it is market competition — not regulation — that drives companies to outdo one another in delivering exceptional customer service and innovative solutions.”

Minister of Communications

Should the next Canadian government have a Minister of Communications?

The Minister of Communications used to be a stand-alone Cabinet position, under both Conservative and Liberal governments. The Department of Communications oversaw radio, television, and telephone communications in Canada, and supervised the CRTC, under the authority of the Department of Communications Act.

In 1993, spectrum management and telecom policy was moved into the Department of Industry; broadcasting and oversight of the CRTC went to the Department of Canadian Heritage.

A recent OpEd in the Toronto Star argues “Canada urgently needs to re-establish a critical portfolio for the digital age and appoint a federal minister of communications.”

The authors, Peter MacLeod (principal of MASS LBP) and Taylor Owen (associate professor in the School of Public Policy at McGill) say that we need, but are lacking “a dedicated advocate to safeguard the integrity” of the communications tools, networks and services upon which Canadians rely.

From 1969 to 1996, Canada had a minister of communications who oversaw radio, television and telecommunications, ensuring our airwaves weren’t dominated by foreign interests. Under cultural champions such as Pierre Juneau, Canada boldly regulated media content, creating space for Canadian stories and voices. The famous “CanCon” rules that Juneau pioneered secured airtime for domestic artists, launching a golden era of Canadian music and television. This proactive approach wasn’t accidental — it required vision, political will and strong leadership. Juneau’s legacy demonstrates that assertive communications policy is vital to our sovereignty.

But here is the rub. Pierre Juneau’s vision, political will and strong leadership were all demonstrated during his memorable term as CRTC Chair. His term as Minister of Communications was short-lived. He did not win a seat in a by-election so he stepped down less than 2 months after his appointment as Minister in 1975. These were the early days for the CRTC. Pierre Juneau was the chair of the Bureau of Broadcast Governors when it became the Canadian Radio and Television Commission in 1968. He was the CRTC’s first Chair. He left the CRTC to join Cabinet before the CRTC transitioned to include telecommunications in 1976.

For the past five and a half years, mandate letters for relevant cabinet ministers sought legislation that expand the CRTC’s responsibilities even further to include all kinds of online activities and content. The last Parliament passed the Online News Act and Online Steaming Act, but failed in its attempts to pass controversial Online Harms legislation.

Macleod and Owen observed:

When Parliament was prorogued, two critical bills — concerning elections security and online harms — failed to pass. These overdue bills were designed to strengthen protections against foreign interference, limit harmful online content and hold digital platforms accountable. Their absence leaves Canada vulnerable at precisely the moment it needs new tools to fight back.

Earlier this year, I asked “Is it time to modernize Canada’s outdated telecommunications rules?” That piece concluded, suggesting “Maybe it’s time to modernize the Acts for a fresh, holistic look at the legislation guiding the digital sector.”

Should the CRTC be responsible for these various online acts, or does Canada’s information and communications sector need the leadership of a strong (and elected) Minister of Communications? As I suggested in January, it would be appropriate to have a fresh, holistic review of how we govern and regulate the digital sector.

Broadcasting’s poison pill

Do foreign ownership restrictions in Canada’s Broadcasting Act create a poison pill for foreign ownership of Canadian telecom carriers?

A number of recent articles discuss the benefits of increased foreign ownership in Canada’s telecom sector. Those articles have focused on restrictions contained in the Telecom Act. Last Friday, a detailed “explainer” appeared on The Hub, discussing “A brief history of foreign ownership restrictions in Canada’s telecom sector”.

However, most carriers in Canada also hold broadcasting licenses, even if the companies are not involved in radio or TV stations. The Broadcast Act comes into play for their TV distribution businesses (cable or IPTV). As I observed last week, I have not seen discussion of liberalization of foreign ownership limits contained in the Broadcasting Act. Under that Act, foreign control simply is not permitted:

3 (1) It is hereby declared as the broadcasting policy for Canada that
(a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and it is recognized that it includes foreign broadcasting undertakings that provide programming to Canadians

“Broadcasting undertaking” is a defined term under the Act: “includes a distribution undertaking, an online undertaking, a programming undertaking and a network”. Under the Broadcasting Act, “Network” is defined as: “includes any operation where control over all or any part of the programs or program schedules of one or more broadcasting undertakings is delegated to another undertaking or person, but does not include such an operation that is an online undertaking”.

As I noted two years ago, the 2006 report of the Telecommunications Policy Review Panel [pdf, 1.6 MB] and the 2008 Competition Policy Review Panel report [Compete to Win] each recommended liberalization of restrictions on foreign investment in order to boost competition.

The 2008 Competition panel wrote:

Telecommunications and Broadcasting

  • For several years, Canada has been reorienting its telecommunication policies to place greater reliance on market forces in recognition that competitive access to information and communications technology facilitates business productivity throughout the economy.
  • Canada’s telecommunications policy was subject to an extensive review in 2005–2006 by the Telecommunications Policy Review Panel, which concluded that reducing restrictions on foreign ownership would increase competitive intensity, improve industry productivity, and be more consistent with Canada’s open trade and investment policies.
  • Accordingly, the Panel recommends the adoption of a two-phased liberalization of foreign ownership rules pertaining to the telecommunications and broadcasting sectors. In the first phase, foreign telecommunications companies would be permitted to establish a new Canadian business or acquire an existing Canadian telecommunications company with a market share of up to 10 percent. In the second phase, liberalization of foreign ownership would be undertaken for both telecommunications and broadcasting in a way that would be competitively neutral.

The Telecom Act was updated to accommodate that first phase; the Broadcasting Act was not.

There are all sorts of cultural sovereignty issues that come to mind when considering complete liberalization of foreign ownership in the broadcast sector. However, is there really such an issue for broadcast distributors – companies that deliver cable TV or IPTV services?

Perhaps the most obvious cure would be to declare that broadcast distributors are telecom undertakings, and explicitly remove this class from the ownership restrictions in the Broadcasting Act. If we consider the metaphor of streaming video services, we do not consider an internet service provider (ISP) to be a broadcast distribution undertaking. Do we still need to maintain a different ownership regime for transporting linear channels?

There are still wholesale access issues that could need adjudication by the regulator, but we are talking about liberalization of ownership, not deregulation of the sector. Couldn’t the current regulations remain intact?

Foreign ownership restrictions under the Telecom Act apply only to Bell, Rogers and TELUS, the only service providers with telecommunications revenues exceeding 10% of the national telecommunications services market. However, broadcasting foreign ownership restrictions continue to serve as a poison pill, even for smaller telecom service providers that also provide TV distribution. Does that continue to make sense?

Looking beyond companies that own radio and TV broadcasters, perhaps it is time to examine the first steps toward creating an antidote for broadcasting’s foreign ownership poison pill.


Postscript: Writing on The Hub, Peter Menzies covered a similar theme in his post today with “When it comes to telecoms, does Canada need to get over its foreign ownership phobia?”

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