On April 25, 2025, the Supreme Court of Canada (the Supreme Court) released its 7-2 decision in Telus Communications Inc. v. Federation of Canadian Municipalities, 2025 SCC 15 (Telus Communications). The case provides guidance to companies that are using or developing new technology and how that technology may interact with existing legislation.
In brief, businesses should not assume that existing statutes will automatically and beneficially extend to emerging circumstances or technologies. There may be cases'like this one'where a statute will be interpreted as "static" to only apply to existing technology. In contrast, some statutes may be interpreted as "dynamic" or "technologically neutral" such that they can apply to new and emerging technologies. Determining whether a statute is "static" or "dynamic"'and ultimately whether it applies to a given technology'can be challenging, as demonstrated by the dissenting opinion in this case.
Facts of the case
The case dealt with 5G technology, the next generation of wireless mobile networks, and whether the term "transmission line" under sections 43 and 44 of the Telecommunications Act (the Act) applies to the installation...
