Telecom Order CRTC 2026-100

Gatineau, 26 May 2026

File numbers: 1011-NOC2025-0227 and 4754-831

Determination of costs award with respect to the participation of Option consommateurs in the proceeding initiated by Telecom and Broadcasting Notice of Consultation 2025-227

Application

By letter dated 12 January 2026, Option consommateurs applied for costs with respect to its participation in the proceeding initiated by Telecom and Broadcasting Notice of Consultation 2025-227 (the proceeding). In the proceeding, the Commission sought to help make it easier for Canadians to know what to expect from their Internet, cellphone, telephone, or television service providers in the event of a service outage or disruption. The Commission looked to consider additional consumer protections, including clearer communications from service providers during outages and refunds for lost services.
The Commission did not receive any interventions in response to the application for costs.
Option consommateurs 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.
With respect to the group or class of subscribers that Option consommateurs has submitted it represents, Option consommateurs explained that this group or class includes all consumers in the province of Quebec, with a particular focus on the most vulnerable consumers. With respect to the specific methods by which Option consommateurs has submitted that it represents this group or class, Option consommateurs explained that it is in regular contact with individuals who are experiencing difficulties with their telecommunications service providers (TSPs).
Option consommateurs requested that the Commission fix its costs at $3,750, consisting entirely of legal fees. Option consommateurs filed a bill of costs with its application.
Option consommateurs claimed 4.25 days at a rate of $600 per day and 1.5 days at a rate of $800 per day for in-house counsel for work reviewing the file, conducting research, and preparing its intervention and reply comments ($2,550 and $1,200, respectively).
Option consommateurs submitted that the TSPs that participated in the proceeding are the appropriate parties to be required to pay any costs awarded by the Commission (the costs respondents).
Option consommateurs suggested that the responsibility for payment of costs should be divided among the costs respondents on the basis of their gross revenues.

Commission’s analysis

The criteria for an award of costs are set out in section 68 of the Rules of Procedure, which reads as follows:
1. The Commission must determine whether to award final costs and the maximum percentage of costs that is to be awarded on the basis of the following criteria:
  
  (a) whether the applicant had, or was the representative of a group or a class of subscribers that had, an interest in the outcome of the proceeding;
  
  (b) the extent to which the applicant assisted the Commission in developing a better understanding of the matters that were considered; and
  
  (c) whether the applicant participated in the proceeding in a responsible way.
In Telecom Information Bulletin 2016-188, the Commission provided guidance regarding how an applicant may demonstrate that it satisfies the first criterion with respect to its representation of interested subscribers. In the present case, Option consommateurs has demonstrated that it meets this requirement. Option consommateurs represented the interests of all consumers in Quebec, with a particular focus on the most vulnerable consumers. Additionally, Option consommateurs is in regular contact with individuals who are experiencing difficulties with their TSPs.
Option consommateurs has also satisfied the remaining criteria through its participation in the proceeding. In particular, Option consommateurs’ submissions, especially regarding consumers’ perspectives on what rights they should have in the event of a service outage or interruption, assisted the Commission in developing a better understanding of the matters that were considered. Option consommateurs further assisted the Commission by recommending what information should be disclosed to consumers and the refunds to which they should be entitled in the event of service outages or interruptions. Option consommateurs also participated in a responsible way.
The rates claimed in respect of legal fees are in accordance with the rates established in the Guidelines for the Assessment of Costs, as set out in Telecom Regulatory Policy 2010-963. The Commission finds that the total amount claimed by Option consommateurs was necessarily and reasonably incurred and should be allowed.
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.
The Commission 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 the following parties had a significant interest in the outcome of the proceeding and participated actively in the proceeding: Bell Canada; Bragg Communications Inc., carrying on business as Eastlink; Cogeco Communications Inc.; Iristel Inc.; Quebecor Media Inc., on behalf of its affiliates Freedom Mobile Inc. and Videotron Ltd.; Rogers Communications Canada Inc., including Groupe Shaw Group and Shaw Telecom G.P. (Rogers); Saskatchewan Telecommunications; TekSavvy Solutions Inc.; TELUS Communications Inc. (TELUS); and Xplore Inc.
The Commission considers that, consistent with its practice, it is appropriate to allocate the responsibility for payment of costs among costs respondents based on their telecommunications operating revenues (TORs) as an indicator of the relative size and interest of the parties involved in the proceeding.^{Footnote 1}
However, as set out in Telecom Order 2015-160, the Commission considers $1,000 to be the minimum amount that a costs respondent should be required to pay, due to the administrative burden that small costs awards impose on both the applicant and costs respondents.

Accordingly, the Commission finds that the responsibility for payment of costs should be allocated as follows:^{Footnote 2}

Company	Proportion	Amount
Rogers	53.61%	$2,010.38
TELUS	46.39%	$1,739.62

Directions regarding costs

The Commission approves the application by Option consommateurs for costs with respect to its participation in the proceeding.
Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to Option consommateurs at $3,750.
The Commission directs that the award of costs to Option consommateurs be paid forthwith by Rogers Communications Canada Inc. and TELUS Communications Inc. according to the proportions set out in paragraph 17.

Secretary General

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