Discussion Paper: Consultation on a Governance Framework for a Nationwide Public Safety Broadband Network

A Public Safety Broadband Network (PSBN) is a high-speed wireless data communications network designed to meet the specialized needs of public safety users. PSBN users are defined as “people, entities/agencies and their devices/machines with a role in or responsibility for the health, safety and security of the public and its property.” A nationwide PSBN in Canada would provide a much needed secure and resilient communications platform for emergency responders but would also enable new and innovative technologies and applications that enhance emergency response for Canadians, including in vulnerable and underserved communities. Additional background information about the PSBN can be found in Annex A.

In March 2022, the Temporary National Coordination Office (TNCO) released its final report, highlighting national options and recommendations for a future PSBN. Consistent with recommendations put forth by the TNCO, the Government of Canada is considering the form that a new national PSBN Authority would take if it were established. Such an authority would be uniquely responsible for overseeing the successful establishment, development, and operations of a nation-wide PSBN, if it were established. The responsibilities and functions of a PSBN Authority are outlined in Annex B.

Instructions

Public Safety Canada, on behalf of the President of the King's Privy Council for Canada and Minister of Emergency Preparedness, is initiating a consultation^{Footnote 1} to inform the development of the required governance framework for a nationwide PSBN, which would involve standing up a new authority to oversee and lead the development of the network. The purpose of this engagement is to ensure that the proposed governance framework meets the interests and requirements of stakeholders. The input gathered through this process may be used to inform the future development of this entity. Interested participants are invited to answer the questions below on behalf of themselves or a specific organization/community. Questions are open to the public and will be available on the Consulting with Canadians website. Participants are asked to submit their answers via email to PSBN-RLBSP@ps-sp.gc.ca no later than October 8, 2024.

Respondents are invited to answer as many questions as possible. Responses should correspond with the numbering system used for each theme in this document. All references to descriptive material as part of the responses should be referenced accordingly.

Two potential models to establish a Canadian PSBN Authority will be considered as part of this engagement:

Not-for-Profit (NFP) Organization with a legislated mandate: A not-for-profit entity would operate with a high degree of autonomy and would be accountable to the public safety community and overseen by the Government of Canada. The entity would engage closely with the public safety community and industry to achieve its mandate. Airport authorities and NAV CANADA are examples of not-for-profit organizations established by the Government which manage assets of significant public interest.
Crown Corporation: A Crown Corporation would operate with considerable operational autonomy, and would be accountable to Parliament through a responsible federal Minister. It would also engage the public safety community and industry to achieve its mandate. While the Crown corporation would have a distinct legal identity and would be empowered to carry out a range of activities under its own authorities, the Crown Corporation must be sensitive to the government's broad policy objectives and priorities.

Respondents should identify where their input relates to one or both of these two potential models.

Themes for Discussion

Theme #1: Priorities for Realizing a Nationwide PSBN

Clear objectives and priorities are essential to support the timely, inclusive and effective delivery of a nationwide PSBN. With respect to the NFP and Crown corporation models, views are sought on the establishment of coverage, resiliency, and user adoption targets, including for rural, remote, and Indigenous communities. These would be key for benchmarking the progress of a national PSBN Authority. Views are also sought on measures for accelerating deployment plans and mitigating delays to implementation following the establishment of the required governance structure.

A PSBN Authority would be expected to be financially self-sustaining and would be required to re-invest funds toward the overall delivery and operations of the network. Views are sought on how to shape the governance structure, deployment approach, and financial model of the PSBN to maximize investment opportunities.

Pilots leveraging the designated PSBN spectrum have tested and validated solutions and explored areas of fundamental research. There have also been significant investments made in land-mobile radio networks and wireless broadband initiatives. Views are sought on how to best leverage existing and future assets into a national network in order to realize the greatest benefit from a nationwide PSBN.

1.1 What measures can be taken before a PSBN is deployed to facilitate the achievement of a national approach?

1.2 Are there existing public assets or investments that may be integrated into a future PSBN? How can they be leveraged in the interim?

1.3 What are some potential sources of start-up funding that could support timely implementation? What partners and/or mechanisms could be leveraged to offset start-up and deployment costs?

1.4 What measures would both support the long-term financial sustainability of a national PSBN while also realizing the TNCO's Affordability Principle (Annex C)? What ways could be considered to balance private sector and public safety interests in establishing investment priorities for the network?

1.5 What other kinds of approaches should be adopted to establish coverage and capacity targets, as well as measure progress toward PSBN implementation? Should coverage, resiliency and user adoption targets be mandated?

1.6 What measures can be taken to accelerate deployment plans and mitigate delays to implementation following the establishment of a PSBN governance structure?

Theme #2: Oversight and Decision Making

Determining the national governance model for a future PSBN is foundational. Views are sought on the authority and control of a national PSBN Authority, with respect to the NFP and Crown Corporation models, including the size and composition of the board, method of appointing board members, term length, and their renumeration.

Views are also sought on recommendations on how to ensure, as far as possible, that directors are representative of Canada's diverse population and drawn from various regions of Canada, and that measures are in place to ensure board effectiveness and expertise.

Through work led by the TNCO, stakeholders have recommended that the governance also include the establishment of a public safety Advisory Committee. This engagement seeks views on the functions and composition of a potential public safety Advisory Committee and other mechanisms/requirements for public safety community input in decision-making about network deployment and evolution. Views are also being sought on whether a number of Advisory Committees should be established to provide advice to the Board of Directors on issues relating to security and resilience, network and operations, and public safety.

2.1 What should the national governance structure for a Public Safety Broadband Network (PSBN) look like?

2.2 How should the nomination, authority and control of a Board of Directors be determined (e.g., nominations by the Minister if a Crown corporation model is chosen, a committee of experts, membership, etc.)?

2.3 Are there specific powers or limitations that should be considered (e.g., consult with governments and local public safety entities)?

2.4 Should multiple public safety Advisory Committees be established to support a Board of Directors? If so, what should each of their roles be and what issues should they cover? How should Advisory Committees be constituted?

2.5 Are there any barriers to participation in PSBN governance to consider? What are some strategies for ensuring that a Board of Directors and its public safety Advisory Committee have representation from a diverse range of stakeholders?

Theme #3: Public Reporting and Accountability

Considering the NFP and Crown Corporation models, views are sought on transparency measures which could include annual public reporting, public meetings, and independent audit requirements.

Views are also sought on government authorities to intervene, including and up to possible wind-down of the board and Authority, should it be determined the entity is not fulfilling its mission or is no longer necessary.

3.1 What are some measures that should be taken into account for ensuring the transparency and accountability of the Board and PSBN Authority? It is important to note that a Crown Corporation would be subject to transparency and accountability measures set out in the Financial Administration Act (FAA), in addition to other elements included in the enabling legislation.

3.2 Are there minimum requirements for distributed/regional governance functions to address local operational challenges and requirements that should be mandated to ensure consistency, accountability, and transparency?

3.3 Are there any statutes, regulations, policies, and/or initiatives that would impact a nation-wide PSBN, if any? How can a PSBN governance structure mitigate these impacts to facilitate timely implementation?

Additional Considerations

4.1 What are some other considerations that need to be taken into account in establishing a national governance structure for the PSBN?

Privacy

Your personal information, which includes your survey responses, will be kept in confidence and used by individuals who administer the questionnaire and interpret the results. Questionnaire responses will be shared with Innovation, Science and Economic Development Canada and will not be shared with third parties. Individual responses will be kept internal. Aggregate results may be shared with provincial and territorial officials in a non-identifiable format.

Respondents should clearly mark any portions of their response that they consider proprietary or confidential. The Government of Canada will handle the responses in accordance with the federal Access to Information Act (R.S. 1985, c.A-1) and the Privacy Act (R.S., 1985, c. P-21).

Please note that comments you share could be deemed identifiable depending on the information provided. In order to protect the privacy of others, please do not add personal information of any kind.

For more information about the collection, use and retention of your personal information, refer to the Personal Information Bank PSU 915 Internal Communications.

Any question you have regarding this privacy notice, your privacy rights, or the Privacy Act, may be directed to Public Safety Canada's Access to Information and Privacy Office at atip-aiprp@ps-sp.gc.ca.

Annex A: Background

A PSBN is a high-speed wireless data communications network designed to meet the specialized needs of public safety users. Realizing a nationwide PSBN in Canada would provide a much needed secure and resilient communications platform for emergency responders but would also enable new and innovative technologies and applications that enhance emergency response for Canadians, including in vulnerable and underserved communities.

PSBN users are defined as “people, entities/agencies and their devices/machines with a role in or responsibility for the health, safety and security of the public and its property.” This definition is meant to be broader than the first responder community and is inclusive of other agencies supporting public safety such as critical infrastructure operators, transportation (air, rail and road), corrections, border services, military, intelligence, search and rescue, public works, environmental agencies and the voluntary sector. This is not an exhaustive list of potential PSBN users. It also includes a variety of machines, handheld devices, sensors and monitor networks. The definition of PSBN users does not include commercial users who remain outside the PSBN security envelope but who may consume PSBN spectrum capacity while it is unencumbered by PSBN users.

In 2017-2018, the Government of Canada, through a Federal PSBN Task Team, consulted provinces and territories, municipal governments, first responders, industry, critical infrastructure operators, representatives from small and remote communities, Indigenous community representatives and academia on implementation models for a PSBN in Canada. In November 2017, a Request for Information was released seeking industry perspectives on a viable business model; governance model; and ecosystem of applications, services and devices, to inform the Government of Canada's approach to a PSBN for Canada.

In May 2018, Federal-Provincial-Territorial (FPT) Ministers Responsible for Emergency Management collectively acknowledged the benefits of a PSBN and endorsed the establishment of a Temporary National Coordination Office (TNCO) to guide the work on the PSBN for a total of two years. The TNCO was comprised of federal government departments, Provincial/Territorial jurisdictions, the Federation of Canadian Municipalities, Tri-Services (police, firefighters, and paramedics) associations, and other potential PSBN user groups.

With a mandate to develop and propose options for the governance of a PSBN in Canada, the TNCO took steps to consider the possible structures and processes that could be designed to ensure overall responsibility, decision making, and participation in an accountable, transparent, inclusive, and responsive manner. The TNCO identified 10 core principles (Annex C) to guide the deployment, operation and evolution of the PSBN in Canada. In an effort to develop governance recommendations that best deliver on the PSBN Principles while balancing the diverse interests of stakeholders, the TNCO also established a set of considerations that have emerged as fundamental to any future governance mechanisms of the PSBN (Annex D). In conjunction with the PSBN Principles, they provide a foundation upon which a PSBN in Canada may best deliver an equitable user experience to the entire public safety community.

In March 2022, the TNCO released its report, A Public Safety Broadband Network for Canada: A Canadian Approach to Implementation of the Next Generation of Public Safety Communications. As part of its report, the TNCO recommended at minimum a centralized governance structure that includes representation from a diverse range of stakeholders and establishes and monitors adherence to national common standards that support nationwide interoperability. A range of additional roles and responsibilities were proposed which would allow for greater involvement with, and accountability to, stakeholders for the successful provision of a PSBN. This included enabling effective and efficient procurement, as well as ensure ongoing compliance and monitoring of the management and operations of the PSBN.

It was beyond the mandate of the TNCO to develop the national-level governance structure for the PSBN. The Government of Canada is now looking to engage the public safety community and industry stakeholders to inform the design of the governance structure recommended by the TNCO, including the composition of its Board of Directors and public safety Advisory Committee, as well as transparency measures, and objectives for network deployment.

Annex B: Responsibilities of a PSBN Authority

A Canadian PSBN Authority may take the form of either a not-for-profit entity or a Crown Corporation. A not-for-profit entity could be established either under new legislation or incorporated under the Canada Not-for-profit Corporation Act. A Crown Corporation is expected to be established through enabling legislation, whether by a special Act of Parliament or by articles of incorporation under the Canada Business Corporations Act.

Regardless of its form, a PSBN Authority would be accountable for a range of responsibilities and functions (below), including certain operational functions, in the interest of ensuring the success of a nation-wide PSBN. It would need to operate in the interest of the PSBN and its users.

Establish the functional, performance, and technical requirements and specifications for the evolution of the network, devices, applications, and services;
Develop deployment strategies, including rural and remote coverage targets, adopting technical requirements into a features and capability roadmap;
Establish and maintain policies that ensure the safety, security and resiliency of the network, including requirements for securing and monitoring the network to protect against malicious activity;
Ensure nationwide standards for the use and access of the network; establishing dispute resolution mechanisms;
Develop procurement strategies and approaches (e.g. Request for Information);
- Through competitive procurement processes encourage, to the extent that is technically and economically viable, the use of existing commercial wireless infrastructure to speed deployment of the network.
- Ensure the network is built in accordance with open, non-proprietary, commercial mobile industry standards and specifications (e.g. 3GPP).
Manage and oversee the implementation and execution of long-term objective-based contracts or agreements to build, deploy, operate, and maintain the network through open, transparent and competitive requests for proposals;
- Monitoring the network to ensure performance objectives are being met.
Develop investment plans to re-invest profits back in the network – including incentivizing private sector investment in the PSBN – in a manner that is informed by and supports public safety priorities/objectives and promotes an equitable experience for PSBN users nationwide;
Provide guidance and advice related to equipment and applications which may be connected to/used over the PSBN (e.g. certification of devices or applications for network use);
Support the evolution of the network, device and application ecosystem by representing the interests of PSBN users in standards development;
Consult with federal, provincial, territorial, municipal, Indigenous, and local public safety entities and authorities, as well as other relevant stakeholders and expertise in order to inform decision-making processes and ensure its decisions are reflective of the needs of the user and service delivery communities; and
Consult with industry groups and relevant stakeholders, including technology vendors, network operators, and service providers, to inform decision-making process and ensure the decisions are technically and operationally viable.

The PSBN would be delivered in a manner that is operationally and financially sustainable. Subject to decision-making, a national structure should be financially self-sustaining and forward-looking in order to respond to innovation and evolving needs.

Annex C: PSBN Principles

The TNCO recommends that the development, deployment, operation and monitoring of a PSBN satisfy the ten PSBN Principles:

Interoperability: The PSBN enables PSBN users to communicate and share information, as authorized, anytime and from anywhere it is accessible.
Equitable Service: The PSBN must deliver an equitable service to the entire community of PSBN users.
Affordability: The PSBN must be affordable to the entire community of potential PSBN users.
Sustainability: The PSBN must be realistically achievable and meet the needs of its first generation of stakeholders without compromising its ability to meet the needs of future stakeholders.
Coverage: The PSBN will, at a minimum, have equivalent to existing commercial mobile wireless broadband coverage and should establish and/or enhance coverage in underserved urban, rural, and remote areas and Indigenous communities.
Deliver Mission Critical Services: The PSBN will enable the delivery of network-hosted mission critical services (MCS) to public safety users.
Network Access Always: Whether in their daily routine, or during major events or emergencies, PSBN users must always have immediate and uninterrupted access to the PSBN where it exists. This includes, in instances where a PSBN is carried across commercial cellular networks, ensuring first responders are unaffected by network congestions caused by user density or event driven commercial carrier surges in use.
Security: The PSBN must incorporate security mechanisms meeting the trust requirements of the organizations of PSBN users and those accessing and exchanging data through it.
Resiliency and Robustness: The PSBN must be resilient and robust to meet network access requirements.
Use of Spectrum: The PSBN will efficiently and effectively use spectrum.

Annex D: TNCO's Governance Considerations

Representative

The governance approach for a nationwide PSBN should be guided by the PSBN Principles in a manner that is representative of Canada's federated structure, cross-jurisdictional public safety community, and diverse population. The governance approach should consider and reflect on Canada's constitutional landscape, distribution of legislative powers, demographics, physical geography, and telecommunications ecosystem in order to exercise national leadership while encouraging regional and municipal participation and autonomy. In this way, it should work to serve the public interest, harness user input and advice, and support the safety and security of Canadians.

Flexible

Flexibility should be central to the governance approach to allow for broad-based participation, collaboration, and cooperation among stakeholders. This may include the support of a range of expertise, including but not limited to expertise in the fields of emergency management, public safety, telecommunications, wireless technology, emergency communications networks, as well as business and legal expertise.

Self-Sustainable

Any governance approach must be financially self-sustaining. Moreover, the governance approach should be sustainable and forward-looking in order to respond to innovation, evolving needs and support deployment(s) on different timelines across various jurisdictions. It should empower users to best leverage existing and future synergies in order to realize greatest benefit from the development of a nationwide PSBN. This includes being responsive to technological advancements in wireless broadband technology, including the arrival of 5G and beyond.

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Date modified:: 2024-08-06

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