I'm saying that it's not compliant with the charter. It sounds to me like you're already moving in the direction of section 1, trying to rely on reasonability. I believe I've made out a prima facie case that it violates the charter.
I want to talk about the definition of “electronic service provider” and who may be bound by those ministerial orders. It's anyone who “provides electronic service” to Canadians in Canada. An “electronic service” in part 2 “involves the creation...transmission, reception...or making available of information” by “electronic...or other...means”. This means that anyone who sends emails or has a website may be caught in that definition of “electronic service provider”. Did you intend that the local bakery shop may be caught as an electronic service provider, or is that a drafting error?