Tracking Code Breaches
Tracking and reporting on compliance with the Codes’ requirements is a core function and provides transparency regarding our Code administration work. We assess all Code breaches we confirm according to our consideration of five factors to determine which breaches, and how many of them, have been found in the context of the complaint in which they were raised.
The CCTS tracks compliance with the Codes and reports alleged breaches and confirmed breaches of Code requirements. A requirement is a Code provision that either (i) requires a service provider to do something, or (ii) requires a service provider to not do something. A breach occurs when either a service provider (i) fails to do something required by the Codes, or, (ii) does something prohibited by the Codes.
The CCTS generally tracks and reports on compliance with Code requirements in respect of “customers”, not “consumers.” The “customer” is determined by reference to the specific definition in the relevant Code, as interpreted, and is generally the person who is liable for payment for the service. However, the CCTS will track and report on compliance with the specific sections of the TVSP Code that reference consumers in circumstances where the “consumer” becomes a “customer” by entering into a contract with the TVSP. The same applies to circumstances where existing TV customers accept an offer for new TV services from their TVSPs. Additionally, the CCTS tracks and reports on issues relating to TVSP Code requirements in respect of “consumers”.
The CCTS reports alleged breaches and confirmed breaches of Code requirements, not breaches of the elements that comprise Code requirements. Where the Code requirement that is alleged to have been breached or confirmed to have been breached contains several elements, the CCTS may track, for monitoring purposes, compliance with the elements, however, it may report only one alleged breach or confirmed breach because there is only one possible alleged breach or confirmed breach per requirement. For example, the Wireless Code and TVSP Code require the service provider to provide a Critical Information Summary (“CIS”), and require that the CIS contains “all of” the information prescribed in the paragraphs that follow. The prescribed contents of the CIS are elements of the requirement — they are not separate requirements. Failure to include any or all of the elements is counted as one alleged or confirmed breach, no matter how many elements may be missing. Each missing element may, however, be tracked for monitoring purposes. In determining if a Code provision is an “element” or a “requirement”, the CCTS considers three guidelines.
The CCTS quantifies the number of times a Code requirement is alleged or confirmed to have been breached by reference to (i) whether there are any timeframes associated with the requirement (which may be one-time, on-going, or recurring in nature); and (ii) the number of times the Code requirement applied.
In exceptional situations where there are unique facts or circumstances the CCTS may track and report Code compliance in a manner differently than described in factors 1 through 4.