Part 1 of this massive bill is about regulating the private sector. This means it affects Bell's network operations and the way Bell, Rogers and Telus manage their network.
I cannot think of a comparable example of having courts substitute for a regulatory authority as a matter of daily course. It is just extremely unusual and outside the norm of how regulations are made in Canada or in any OECD country that I am aware of.
The existing regulation of the telecommunications sector via the Telecommunications Act or the Radiocommunication Act is done via regulatory means and not via the court. All other federally regulated sectors in Canada, including energy, banking and transportation, are regulated through a regulatory process and not through a court process. You involve the courts in an ex ante fashion when you're dealing with charter rights, which is fundamentally not the scope and substance of what part 1 is dealing with.
