ARCHIVED - Telecom Order CRTC 2013-732
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Ottawa, 19 December 2013
Determination of costs award with respect to the participation of the Public Interest Advocacy Centre in the proceeding initiated by TELUS Communications Company’s application to clarify Telecom Regulatory Policy 2013-271
File numbers: 8633-T66-201310812 and 4754-430
1. By letter dated 4 October 2013, the Public Interest Advocacy Centre (PIAC), on behalf of itself, the Consumers’ Association of Canada, and the Council of Senior Citizens Organizations of British Columbia, applied for costs with respect to its participation in the proceeding initiated by TELUS Communications Company’s (TCC) application to clarify Telecom Regulatory Policy 2013-271 (the proceeding).
2. The Commission did not receive any interventions in response to the application for costs.
3. PIAC submitted that it had met the criteria for an award of costs set out in section 68 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) because it represented a group or class of subscribers that had an interest in the outcome of the proceeding, it had assisted the Commission in developing a better understanding of the matters that were considered, and it had participated in a responsible way.
4. PIAC requested that the Commission fix its costs at $3,843.18, consisting entirely of legal fees. PIAC’s claim included the Ontario Harmonized Sales Tax (HST) on fees less the rebate to which PIAC is entitled in connection with the HST. PIAC filed a bill of costs with its application.
5. PIAC submitted that TCC is the appropriate party to be required to pay any costs awarded by the Commission (the costs respondent).
Commission’s analysis and determinations
6. The Commission finds that PIAC has satisfied the criteria for an award of costs set out in section 68 of the Rules of Procedure. Specifically, the Commission finds that PIAC represented the interests of a significant body of consumers, including wireless service subscribers who will be affected by the outcome of the proceeding. Moreover, PIAC’s intervention assisted the Commission in developing a better understanding of the matters that were considered. Finally, the Commission finds that PIAC participated in the proceeding in a responsible way.
7. The Commission notes that the rates claimed in respect of legal fees are in accordance with the rates established in the Commission’s Guidelines for the Assessment of Costs, as set out in Telecom Regulatory Policy 2010-963. The Commission finds that the total amount claimed by PIAC was necessarily and reasonably incurred and should be allowed.
8. The Commission considers that this is an appropriate case in which to fix the costs and dispense with taxation, in accordance with the streamlined procedure set out in Telecom Public Notice 2002-5.
9. The Commission notes that it has generally determined that the appropriate costs respondents to an award of costs are the parties that have a significant interest in the outcome of the proceeding in question and have participated actively in that proceeding. The Commission considers that TCC, the Part 1 applicant in the proceeding, had a significant interest in the outcome of the proceeding and participated actively throughout the proceeding. The Commission therefore finds that the appropriate costs respondent to PIAC’s application for costs is TCC.
Directions regarding costs
10. The Commission approves the application by PIAC for costs with respect to its participation in the proceeding.
11. Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to PIAC at $3,843.18.
12. The Commission directs that the award of costs to PIAC be paid forthwith by TCC.
- The Wireless Code, Telecom Regulatory Policy CRTC 2013-271, 3 June 2013
- Revision of CRTC costs award practices and procedures, Telecom Regulatory Policy CRTC 2010-963, 23 December 2010
- New procedure for Telecom costs awards, Telecom Public Notice CRTC 2002-5, 7 November 2002
- Date modified: