DOCUMENT: 800-l4/
CONFIDENTIAL
FEDERAL-PROVINCIAL CONFERENCE
OF
FIRST MINISTERS
Report of the Continuing Committee of Ministers
on the Constitution to First Ministers
COMMUNICATIONS
Ottawa
September 8-12, 1980

Communications
The Ministers studied two drafts The federal draft
is based on exclusive jurisdiction fO1 both orders of government
and provides for federal—provincial consultation.
The provincial draft supported by ten governments,
is based on virtually total concurrency with each level of gOvernment
being paramount in some areas. lt en$hrlnes the principle of
prevention of disruption of the free flow of information”. It
also provides a mechanism for the resolution of conflicts of provincial
laws where such conflicts in fact disrupt the free flow of infor
mation, irrespective of intention, by way of federal legislation
enacted pursuant to the petition of a province.
The federal draft provides for exclu?ive Federal juris-
diction over the spectrum. The intent of the draft is that the
federal government would discharge its responsibility in a way that
will not frustrate provincial jurisdiction over provincial under
takings. It was recognized that the language of the draft is
inadequate for this purpose. The provincial draft provides for
concurrency over the spectrum with federal paramountcy over matters
of a technical nature respecting management of the radio frequency
spectrum; the draft provides for provincial paramountcy over other
matters which are considered to be of a nonctechnical nature.
Broadcasting
The federal draft provides for exclusive federal juris-
diction in this area.
The provincial draft provides for full concurrency
with federal paramountcy overbroadcast network undertakings
extending to four or more provinces and foreign broadcast signals
and residual provincial paramountcy. –
Cable
The federal draft provides for exclusive federal juris-
diction over national cable undertakings operating as national
carriers and cable works and undertakings that provide programming
or other services beyond the limits of a province. The federal
draft also provides for exclusive provincial jurisdiction over
cable undertakings in the province involving off—air or closed
circuit systems, subject to exclusive federal jurisdiction over
distribution of a national program service as defined from time to
time by Parliament, carriage of telecommunications ‘for a national
purpose‘ and technical standards and non-Canadian programming.
The provincial draft provides for exclusive provincial
jurisdiction over closed circuit cable undertakings wholly situate
within the province and concurrency with provincial paramountcy
over other cable undertakings. The draft provides for federal
paramountcy over the redistribution of broadcast signals that extend
to four or more provinces and foreign broadcast signals on cable
undertakings.
Carriers
The federal draft provides for exclusive federal
jurisdiction over national carriers and space and satellite carriers
including earth stations. It also provides for priority carriage of
telecommunications ‘for a national purpose‘ on provincial undertakings.
‘ ….’/

..2_
The draft provides for exclusive provincial jurisdiction over
carrier works and undertakings in the province, except for
exclusive federal jurisdiction in interprovincial and_international
telecommunications services, interconnection, networking rates
and charges as well as technical standards and priority carriage
a national purpose‘, technical standards and earth stations.
The provincial draft provides for exclusive provincial
jurisdiction over works and undertakings wholly situate within
the province. It provides for concurrent jurisdiction with provincia-
paramountcy over other works and undertakings subject to federal
paramountcy over the space segment of communications satellites ano
the use of telecommunications works and undertakings for aeronautics,
radio—navigation, defence, and national emergencies.
Issues for Consideration by First Ministers
Spectrum:
The issue is how to frame the federal jurisdiction
in this area so as not to interfere with jurisdic-
tion conferred to provinces in the field of
communications.
Broadcasting:The issue is whether broadcasting should remain
exclusively within federal jurisdiction (as per
federal draft ~ copy attached) or whether the
field should be concurrent with federal paramountcy
over national networks (as per provincial draft —
copy attached) and residual provincial paramountcy.

Cable: Both proposals provide for provincial jurisdiction
in cable systems. The issue is the extent of
involvement of each order of government in this
area.

Carriers: The issue is whether there should be exclusive
federal jurisdiction or concurrent jurisdiction
with provincial paramountcy in interprovincial
and international carriage.
Technical
Standards: The issue is whether there should be exclusive
federal jurisdiction over all technical aspects
of telecommunications.

FEDERAL DRAFT ON COMMUNICATIONS
l. Section 91 of the B.N.A. Act would be amended by adding
the four following paragraphs:
91. (w) The frequency spectrum including
technical apsects only of frequency assignment.
(X) Interprovincial and international
telecommunications services and the technical
aspects of telecommunications.
. (y) Telecommunications works and undertakings
transmitting by broadcasting and telecommunications
works and undertaking, other than carrier works and
undertakings, providing programming or other services
beyond the limits of a province.
(2) The regulation and distribution, including
distribution in priority to all other signals through
all or any telecommunications undertakings in a province,
of a national program service as defined from time to
time by Parliament, and the regulation and distribution
of non—Canadian programming. –
2. Section 92 of the B.N.A._Act would be amended by adding the
two following paragraphs:
92. (y) Telecommunications carrier works and under-
takings in the province other than:
national and international telecommunications
carriers;
(a)
(b) space and satellite telecommunications carriers
including related earth stations;
carriage on all or any telecommunications carriers
in the province of telecommunications for a national
purpose.
(C)
(Z) Telecommunications works and undertakings
providing programming or other services in the province
and not within the jurisdiction of Parliament by virtue
of class (y) of section 91.
3. A provision to the following effect would be added:
The Government of Canada and the governments
of the provinces shall consult together at least once
in every year, bilaterally or on a regional or national
basis, on the formulation, co-ordination and implementation
of laws, policies, programmes and practices respecting
communications.
Communi-
cations
Consulta-
tions –

BEST EFFORTS DRAFT
COMMUNICATIONS
In each province the Legislature nay make laws in _
relation to telecommunication works and
undertakings in the province notwithstanding that
such works and undertakings connect the province
with any other or others of the provinces, extend
beyond the limits of the province, or emit signals
originating in the province beyond the province, or
receive or distribute in the province signals
originating outside the province.
The Parliament of Canada may make laws in relation
to telecommunication uorks and undertakings
mentioned in sub—section (l) other than works and
undertakings wholly situate within a province.
Ho law enacted by the Legislature of a province or
the Parliament of Canada under this section shall
in its pith and substance be directed to the
disruption of the free flow of information.
Any law enacted by the Legislature of a province
under sub—section (1) prevails over a law enacted
by Parliament under sub—section (2) except a law ot
Parliament in relation to:

(a)matters of technical nature respecting
management ofthe radio frequency spectrum;
(b) the space segment of communication satellites;
(C) regulation of Canadian broadcasting trans-
mitting network undertakings that extend
to four or more provinces, including the
re—distribution of their signals by other
telecommunications undertakings;
(d) foreign broadcast signals,including the re-
distrihution of these signals by other tele-
communications undertakings;
the use of telecommunication works and
undertakings for aeronautics, radio—naviqation,
defence, or in national emergencies.
(e)
In the event that the laws of two or more provinces
conflict so as to disrupt the free flow of information,
one of the provinces may petition the Parliament of
Canada to enact a law to resolve the specific conflict
and such law shall prevail.

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