The CRTC Wades Into Quebec's Internet Blocking Legislation – Does A Constitutional Collision Loom?

In May 2016, the Quebec National Assembly enacted section 12 of An Act respecting mainly the implementation of certain provisions of the Budget Speech of 26 March 2015, L.Q. 2016, c. 7 (Bill 74) Among other provisions, section 12 of Bill 74 effectively gives Lotto-Québec the power to order Internet Service Providers (ISPs) to block its online competitors. There have been a number of challenges to the Bill. In particular, the Public Interest Advocacy Centre (PIAC) filed an application with the CRTC seeking certain declaratory and other relief regarding section 12 of Bill 74 (based on a challenge to the constitutionality of section 12). Further, the Canadian Wireless Telecommunications Association filed an application with the Superior Court of Québec, also challenging section 12 of Bill 74 on constitutional grounds.