Order in Council responding to a petition to the Governor in Council concerning Telecom Decision CRTC 2020-80

The Administrator in Council has responded to a petition, pursuant to subsection 12(1) of the Telecommunications Act, concerning the Canadian Radio-television and Telecommunications Commission (CRTC)’s Telecom Decision CRTC 2020-80.

The official text is available via the Privy Council Office. Below is the unofficial text of the Order in Council for reference:

Whereas, on March 3, 2020, the Canadian Radio-television and Telecommunications Commission (the “Commission”) rendered Telecom Decision CRTC 2020-80, Public Interest Advocacy Centre and National Pensioners Federation – Application regarding paper billing by Koodo Mobile;

Whereas, in that decision, the Commission denied a request by the Public Interest Advocacy Centre and the National Pensioners Federation that the Commission impose a condition of service requiring Koodo Mobile and other wireless service providers to provide paper bills on request, as the Commission considered that the record of the proceeding could not support the imposition of such a condition;

Whereas, on March 3, 2020, the Commission issued Broadcasting and Telecom Notice of Consultation CRTC 2020-81 to more broadly examine issues related to paper billing by telecommunications service providers and broadcasting distribution undertakings;

Whereas subsection 12(1) of the Telecommunications Act (the “Act”) provides that, within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within 90 days after the decision, or on the Governor in Council’s own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it;

Whereas, on June 1, 2020, the Public Interest Advocacy Centre and the National Pensioners Federation presented to the Governor in Council a petition in writing requesting that the Governor in Council rescind Telecom Decision CRTC 2020-80 or refer it back to the Commission for reconsideration (the “petition”);

Whereas, in accordance with subsection 12(4) of the Act, a notice of receipt of the petition was published in the Canada Gazette, Part I, by the Minister of Industry on July 4, 2020, indicating where the petition and any submission made in response to it may be inspected and copies of them obtained;

Whereas, pursuant to section 13 of the Act, the Minister of Industry has provided the provinces with an opportunity to consult with the Minister;

Whereas the Administrator in Council has considered the petition together with all of the information and advice received with respect to it;

Whereas the Administrator in Council considers that the issues raised in the petition about paper billing practices are already being examined by the Commission in the proceeding initiated by Broadcasting and Telecom Notice of Consultation CRTC 2020-81 (the “ongoing proceeding”);

Whereas the Administrator in Council considers that the Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation — which came into force on June 17, 2019, after final submissions had already been filed in the proceeding leading to Telecom Decision CRTC 2020-80 — applies in respect of the issues being examined by the Commission in the ongoing proceeding, and subparagraph 1(a)(iv) of that Order directs the Commission to consider the extent to which its decisions enhance and protect the rights of consumers in their relationships with telecommunications service providers, including rights related to accessibility;

And whereas the Administrator in Council considers that it is important to expeditiously resolve the issues being examined in the ongoing proceeding;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Industry, pursuant to subsection 12(1) of the Telecommunications Act, declines to rescind Telecom Decision CRTC 2020-80 or to refer it back to the Commission for reconsideration.