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Eric Smith, Canadian Telecommunications Association Senior Vice President
Opening Statement to the Senate Standing Committee on Transport and Communications (TRCM)

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December 11, 2024
6:45 p.m. ET

Good afternoon. My name is Eric Smith. I am Senior Vice President of the Canadian Telecommunications Association.

The Canadian Telecommunications Association is dedicated to building a better future for Canadians through connectivity. Our members include service providers, manufacturers and other organizations that invest in, build, maintain and operate Canada’s world-class telecommunications networks.

I appreciate the opportunity to appear before you today to discuss the issue of copper theft and its impact on Canada’s critical communications infrastructure.

As members of this Committee are aware, the telecommunications sector is an integral part of Canada’s economy and supports the operations of nearly every business and government department across Canada. Our networks are also the backbone that connect Canadians to one another, and to health care, education, and emergency services.

While Parliament has been considering and passing laws to address the threat of foreign actors to telecommunications networks and other critical infrastructure, there is a significant domestic threat growing within Canada.

Driven by the rising value of copper, bad actors are targeting telecommunications infrastructure across the country to steal copper and sell it for financial gain. By some estimates, there was a 200% increase in theft and vandalism incidents between 2022 and the start of 2024. The number of incidents has continued to rise this year.

You will hear from other witnesses about their company’s experience with theft and vandalism and how it has affected their operations and impacted affected communities.

These acts are not mere inconveniences to telecom companies. They affect individuals and communities. They impact utilities, hospitals, airports, and businesses. And most importantly, they threaten public safety and human life.

The telecommunications sector is taking action to address this issue. Network operators are investing in additional security, including monitoring equipment and alarms. They are also making efforts to raise awareness among law enforcement about the seriousness of these crimes. But we cannot do it alone.

In March 2023, a sub-committee of the Canadian Security Telecommunications Advisory Committee, or CSTAC, issued a report in which it recommended that the federal government create a new article of federal law that maximizes criminal penalties in the event of willful or negligent damage to and/or acts of vandalism or theft of critical network infrastructure.

Now, a year and half since this recommendation was made, the need is even greater.

While some might argue that the Criminal Code already contains the offences of theft and mischief, these provisions are inadequate for prosecuting those who target critical infrastructure. In the case of copper theft, the value of stolen copper is often quite low, resulting in charges of theft under $5000. This is the same charge leveled against someone caught stealing a bicycle. Yet the consequences of copper theft are much greater.

We need new laws with greater penalties. And we don’t have to look far to find precedent. Earlier this year, Parliament recognized the importance of protecting essential infrastructure by passing Bill C-70 which, among other things, modernized the criminal offence of sabotage to protect essential infrastructure from foreign interference. We are asking for similar protections from other, equally harmful, acts.

In the U.S., at least 31 states have criminal laws addressing theft and vandalism to critical infrastructure, including telecommunications facilities.

To give just one example, in July of this year, Florida created new criminal offences to protect critical infrastructure from theft and vandalism, including penalties of imprisonment of up to 15 years and fines of up to double the losses suffered. It also established civil liability for convicted individuals, making them liable for three times the amount of actual damages.

As noted by one commentator: “Florida law previously lacked specific provisions addressing these types of offenses, relying instead on general criminal mischief and trespassing statutes. [This new law] now fills this gap by providing a clear legal framework for prosecuting those who target critical infrastructure.”

We are asking Parliament to fill the gap that exists in Canadian law. A new law and stiffer penalties would send a strong message to the public about the seriousness of these crimes and create a greater deterrent for would-be criminals.

We appreciate the Committee’s recognition of the seriousness of copper theft and vandalism and the opportunity to speak with you today. I am happy to answer any questions you have.