A. Our Complaint Handling Process explained

N.B. The intent of Module 1, Section A is to provide you with a general understanding of our process as a whole. Modules 2 and 3 will provide you with detailed explanations for each stage of our complaint handling process, including Procedural Code compliance and PSP Portal instructions.

1. CCTS’ Customer Relations

Customer Relations (our Contact Centre) is the first-point of contact for those who use our services. In addition to handling inquiries from the General Public, Complainants and Participating Service Providers (PSP), it is responsible for assessing the eligibility of new complaints, and various tasks related to the handling and processing of complaints at the pre-investigation stages. Customer Relations also plays an important role in CCTS’ Public Awareness campaign and our Customer Service Representatives (CSR) will often be required to educate Canadians about the CCTS and share information about our complaint handling process.

Customers can contact the CCTS via telephone, online chat, and written correspondence (online complaint forms, emails, fax, & mail). To ensure reasonable access to the CCTS, particularly for persons with disabilities, we may accept complaints by telephone, TTY and VRS. We also receive referrals from the CRTC. For more information about how customers can submit complaints refer to our website.

1.1 Triage & Handling

Triage & Handling encompasses all pre-investigation stages of the complaint handling process (Level 1) including receiving and assessing new complaints, inquiries about existing complaints and general inquiries from the public.

1.2 Assessment (Triage)

When the CCTS receives a new complaint, and any time the CCTS receives new information, we are responsible for: assessing the information provided and determining whether we can accept a complaint, continue to handle an existing complaint, OR whether we have a duty to decline to take action, and/or whether it is better to refer the complaint to another organization or complaint-handling body.

We complete this Procedural Assessment of the complaint in order to determine its eligibility by confirming whether the complaint is complete, falls within the scope of the CCTS mandate, and ruling out a duty or discretion to decline to take action. There are 4 possible outcomes of a Procedural Assessment:

The complaint is incomplete: If we conclude that key information is missing from the complaint, we cannot complete a Procedural Assessment. We will contact the customer and put the file on hold until the customer responds.
In-scope: The complaint is complete and we have confirmed that it falls within the scope of the CCTS mandate. We will accept the complaint
Out-of-scope: The complaint is complete and we have determined that it does not fall within the scope of the CCTS mandate (e., ineligible service or subject matter), OR that we have a duty to decline to take action further to the CCTS Procedural Code. We will close the complaint and refer it to the appropriate organization if possible.
The service provider is not a Participating member of the CCTS: If the complaint is about a telecommunications service and the service provider does not participate in the CCTS, we will take the necessary steps to have the provider join the CCTS. (They are supposed to do so within 30 days of hearing from us, though sometimes it takes longer.) The CRTC also requires participation in the CCTS by some licensed TV service providers and their affiliates, effective September 1, 2017. For further details, visit Participating Service Providers.

Accepted

Once we’ve confirmed that the complaint is in-scope, we send a notice of acceptance, along with a copy of the complaint, to the customer and the PSP. The complaint will now appear in the PSP Portal.

Out-of-scope

If we’ve confirmed that the complaint is falls outside of the scope of the CCTS’ mandate, OR that we have a duty to decline to take action further to the CCTS Procedural Code, we send a notice of closure, along with a copy of the complaint, to the customer and the PSP. If applicable, we refer the customer to a more appropriate organization or complaint-handling body.

1.3 Complaint Accepted (Handling)

Once a complaint has been accepted the PSP has 30 calendar days to attempt to resolve the matter with the customer and report back to the CCTS. Alternatively, if the PSP believes that the complaint falls outside the scope of the CCTS mandate, or that the CCTS has a duty to decline to take action, the PSP may submit an Objection within 15 calendar days of the complaint acceptance.

PSPs respond to complaints via the PSP Portal, which automatically uploads the response to our complaint handling system. This triggers our system to send a copy of the PSP’s response to the customer. The next step will depend on how the PSP chose to respond to the complaint: resolved, unresolved, or objection.

However, circumstances may require a PSP to request intervention from the CCTS before the PSP can submit its official response to the complaint (Other Requests).

Resolved

When the PSP submits a Resolved response to the complaint via the PSP Portal, our complaint handling system automatically sends a copy of the PSP’s response to the customer and informs the customer that they have 20 days to contact the CCTS in the event that they disagree with the resolution.

Unresolved

When the PSP submits the Unresolved response via the PSP Portal, the complaint is automatically escalated to Investigations and assigned to a Complaint Resolution Officer (CRO) for the duration of the complaint handling process.

If the PSP fails to respond to the complaint within the 30 calendar days allotted, we will automatically escalate the complaint to Investigations.

Objection

If the PSP believes that the CCTS does not have the authority to handle the complaint, the PSP may object to the acceptance of the complaint within 15 calendar days of the complaint’s acceptance. When the PSP submits the Objection via the PSP Portal, our system automatically sends a copy of the PSP’s response to the customer and will inform both parties that the complaint is under review.

A dedicated team will review the PSP’s objection and reassess the complaint:

If we conclude that the complaint is out of scope, or that the CCTS has a duty to decline action, we will accept the objection and close the complaint.
If we conclude that the complaint remains in-scope, we will reject the objection, resume the complaint handling process and, where appropriate, we may extend the due date to compensate the PSP for the CCTS’ processing time.

Please refer to the PSP Objections module for more information.

Other Requests

From time to time a PSP may need to request an intervention from the CCTS before the PSP can submit its official response to the complaint.

Circumstances requiring special intervention by the CCTS could include: the PSP has been unable to contact the customer, the PSP believes that the customer is being uncooperative, the PSP believes that the person who filed the complaint is not authorized to act on the customer’s behalf, the PSP requests more time to resolve the complaint, etc.

2. Investigations

Unresolved complaints are escalated to Investigations (level 2) and assigned to a dedicated Complaint Resolution Officer (CRO) who will handle the complaint going forward. The CRO’s primary objective is to facilitate a mutually acceptable resolution between both parties. If this cannot be achieved, the CRO will dispose of the complaint in accordance with our Procedural Code after completing their investigation and a full analysis of the complaint.

2.1 Informal Resolution

Whenever possible we will work with the customer and the service provider to arrive at a prompt resolution of the dispute. We may need to request additional information and documentation from both parties to effectively “mediate” a resolution.

2.2 Investigation

We investigate to determine whether the service provider reasonably performed its obligations pursuant to the terms of the contract between it and the customer. Throughout the investigation stages (2.1 – 2.4), we may also continue to attempt to informally mediate a resolution of the dispute. Once the CRO has completed their investigation they will draft an internal analysis report for management, detailing the results before disposing of the complaint in accordance with our Procedural Code.

Most complaints that escalate to Investigations are resolved. However, the majority of unresolved complaints at the investigations stage are closed because we determine that the PSP reasonably fulfilling its obligations towards the customer, or we conclude that the PSP has taken reasonable steps to remedy the complaint, even if the resolution is not acceptable to the customer. As such, the merit-based closures at investigation are disposed of further to sections 9.1(d) and 9.1(f) of our Procedural Code.

2.3 Recommendation

Upon completing an investigation, we may conclude that the PSP has failed to demonstrate that it fulfilled its obligations towards the customer. If the PSP is unwilling to provide a reasonable resolution to the matter, we can make a written Recommendation for the resolution of the complaint. We will send a copy of the Recommendation to both parties and request a response within 20 days.

There are 3 possible outcomes at this stage of the complaint handling process:

Resolved: RARE; The CRO facilitates a mutually acceptable resolution that differs from the recommended resolution. The CRO will send a notice of closure to all parties informing them of details of the resolution and then close the complaint.
Accepted: A Recommendation is only considered accepted when both parties have accepted the Recommendation. Once one party indicates their acceptance of the Recommendation the CRO will notify the other party. Once both parties have indicated their acceptance, the CRO send a notice of closure to both parties and close the complaint. A Recommendation accepted by both parties is binding on the PSP.
Rejected: If one or both parties reject the Recommendation the complaint will proceed to the final stage of the complaint handling process and a Decision will be issued. The CRO will notify the other party. Once both parties have responded to the Recommendation, the CRO will proceed to 2.4 (Decision).

2.4 Decision

If the customer and/or the PSP rejects the Recommendation, we ask them to provide an explanation as well as supporting documentation outlining the reason(s) they feel that our Recommendation is flawed. The Commissioner will consider this new information, and then issue a Decision. In the Decision, the Commissioner may maintain the Recommendation, or may modify it if she/he concludes that there is substantial doubt as to the correctness of the original Recommendation. We will send a copy of the Decision to both parties and request a response from the customer within 20 days. We will also post a copy of the Decision on the CCTS website.

Unlike a Recommendation, only the customer can accept or reject a Decision. There are 3 possible outcomes at this stage of the complaint handling process:

Resolved: RARE; The CRO facilitates a mutually acceptable resolution that differs from the Decision. The CRO will send a notice of closure to all parties informing them of details of the resolution and then close the complaint.
Accepted: A Decision is only considered accepted when the customer has confirmed their acceptance in writing (i.e., if the customer fails to respond to the Decision, they are deemed to have rejected the Decision). Once the customer indicates their acceptance of the Decision the CRO will send a notice of closure to both parties and close the complaint. A Decision accepted by the customer is binding on the PSP and must be implemented immediately.
Rejected: If the customer rejects the Decision, or if they fail to respond within 20 calendar days, the complaint will be closed and the PSP will be released of their obligations. The CRO will send a notice of closure to both parties and close the complaint.