Consider cost applications on Accessibility Canada Act regulations, CRTC urged

The CRTC is under criticism for saying it may not award costs to groups who participate in a public consultation on regulations under the Accessibility Canada Act, with stakeholder groups arguing such a move would “contradict” the objectives of the new accessibility legislation. The Public Interest Advocacy Centre and the Forum for Research and Policy in Communications both sent letters to the regulator asking it to immediately provide clarity around funding, arguing the uncertainty “creates risks for all public-interest organizations that would normally engage in this important CRTC proceeding.” In its call for comments on how draft regulations should look, published to its website on Tuesday, the CRTC said parties “should be aware that there may be no authority for the Commission to consider costs for participation in this proceeding.” The Act came into force on July 11 last year and the CRTC has until July 10, 2021 to make at least one regulation relating to broadcasting undertakings and at least one relating to telecommunications common carriers and service providers. The regulator is initially seeking comments on how to structure draft regulations and what the key procedural requirements should be. It will seek feedback on the draft regulations in a secondary process. In the call for comments, the CRTC further stated the act does not include a mechanism for awarding costs to parties in proceedings taking place under the act. That argument has been rejected as “flatly wrong” by PIAC legal counsel John Lawford. In his letter to the regulator, Lawford said the act didn’t require the CRTC to set up the regulations through its regular call for comments process, and that once the regulator had initiated the process, that regular rules, including reimbursement for costs, should apply. “No rationale for this derogation from the usual process is given; rather, the Commission’s Notice simply raises of its own motion, and threatens without argument, a lack of Commission jurisdiction to award costs,” Lawford’s letter argues. Lawford argued that by asking parties to comment on matters that will directly affect people with disabilities while warning they may not be compensated “fails to lead by example, represents a very poor model for ensuring that Canada’s broadcasting and telecommunications sectors serve the interest of the accessibility community, promotes unequal participation, and is exclusionary.” Lawford asked the CRTC to make a decision about whether it would consider costs for the proceeding by April 20, and postpone deadlines if it required more time in order to make a decision. In a separate letter, FRPC executive director Monica Auer said the CRTC’s final regulations would be strengthened if comments were received from a “wider range of parties” and said a decision to consider cost applications would “facilitate the development of this record.”

Consider cost applications on Accessibility Canada Act regulations, CRTC urged

Brief | April 16, 2020

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Consider cost applications on Accessibility Canada Act regulations, CRTC urged

Brief | April 16, 2020

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