Copyright 2008, Blake, Cassels & Graydon LLP
Originally published in Blakes Bulletin on Information Technology, May 2008
On December 20, 2007, the Canadian Radio-television and Telecommunications Commission (the CRTC), granted conditional approval to a newly-established telecommunications consumer agency known as the Commissioner for Complaints for Telecommunications Services (the CCTS).
The CCTS is an independent agency with a mandate to receive, to facilitate the resolution of, and, if necessary, resolve eligible consumer and small business complaints relating to certain retail telecommunications services offered by CCTS members. Examples of services addressed by the CCTS are: local telephone services, including calling features, long distance telephone services, wireless telephone services, and Internet access services. CCTS is a non-profit corporation funded by, but completely independent of, Telecommunications Service Providers (the TSPs). TSPs that have become members have agreed to abide by CCTS policy in resolving complaints.
When the CCTS was established, membership in the CCTS was voluntary and open to any entity providing retail telecommunications services in Canada. However, the CRTC has since required that all TSPs with annual Canadian telecommunications services revenues exceeding C$10-million are required to become members by February 1, 2008. The current CCTS members are: Bell Aliant Regional Communications LP; Bell Canada; Cogeco Cable Canada Inc.; Eastlink, MTS Allstream Inc.; Rogers Communications Inc.; Saskatchewan Telecommunications; Telus Communications Company; Videotron Ltd.; Virgin Mobile Canada; and Vonage Canada Corporation.
If a consumer has had difficulty resolving a complaint with a TSP that is a CCTS member, the CCTS may be asked to help. If the CCTS determines that the TSP in question has not reasonably performed its obligations towards the consumer, the Commissioner may order the TSP to do certain things to resolve the complaint, within the bounds of the CCTS Procedural Code. This service is offered at no cost to consumers.
All complaints to the CCTS must be made in writing, either through mail, fax or by completing the online complaint form found on the CCTS Web site. The CCTS may proceed through four stages of complaint resolution, if the complaint falls within the scope of CCTS' mandate. These stages are as follows:
- CCTS staff receives and assesses eligibility of the
written complaint.
- If the complaint is eligible, the staff will forward a
copy of the complaint to the TSP member with a resolution
response, with a copy to the complainant. The TSP member is
granted 20 business days to address the proposed
resolution.
- If the complainant indicates after the 20 business day
period that the complaint remains unresolved, the CCTS staff
will investigate and make a non-binding recommendation to the
complainant and the TSP for the resolution of the complaint.
The TSP member may challenge the complaint.
- If either the complainant or the TSP member rejects the
CCTS recommendation and the complaint remains unresolved 20
business days following the date of the recommendation, then
the Commissioner will render a decision that becomes binding
on the TSP if the complainant accepts it. The complainant may
reject the decision and pursue redress elsewhere; however, if
the complainant accepts the decision, he/she must sign a
release. Decisions (accepted or not) will be publicly
available indicating the TSP's identity, but not the
identity of the complainant.
If the Commissioner determines that the TSP did not act reasonably pursuant to the applicable contract, then he or she may recommend that the TSP:
- provide the complainant with an explanation or apology;
and/or
- undertake to do or cease doing specified activities with
respect to the complainant; and/or
- pay the complainant monetary compensation in an amount
not to exceed C$1,000 in the aggregate in relation to any one
complaint or combined related complaints. Amounts to be
refunded or credited to the complainant as a result of
billing errors do not constitute monetary compensation and
would not be subject to the above compensation limits.
The Commissioner may order any of the remedies available at the non-binding recommendation stage, subject to any applicable contractual limitations of liability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.