CRTC cost award delays could lead to PIAC shutdown, group says

The Public Interest Advocacy Centre (PIAC) is in danger of having to close up shop, and its executive director is laying the blame for the situation in which the consumer advocacy organization finds itself squarely at the CRTC’s feet. “This is their fault,” executive director John Lawford said in a phone interview. “The callous disregard for what I would honestly call the most vulnerable participants in their proceedings I find shocking. It will lead to the demise of public interest representation as we have known it.” Much of PIAC’s revenue comes from the CRTC’s cost award regime, which allows groups that contributed to a CRTC process to be compensated for their time, if they meet criteria specified by the regulator’s Rules of Practice and Procedure, such as helping the commission “in developing a better understanding of the matters that were considered.” PIAC, which was launched 41 years ago, represents the voice of Canadian consumers in CRTC hearings and processes. In smaller proceedings, it can be the only such group involved. But Lawford, who has been with PIAC since 2003, said the CRTC has been taking longer and longer to make cost awards, making its situation untenable. “They changed the policy. It used to be, they would look and decide whether you made a reasonable contribution to the proceeding, because that’s the test… give your cost award after the proceeding closed,” he said. Two years ago, the CRTC changed the policy to wait until the decision was made, months after the close of the proceeding, and then determine whether the party contributed to the decision. That means a longer wait for cost awards as well, Lawford said. “What it’s doing is putting all of us out of business,” he said. “No business can run waiting two years to get paid for what they do.” But CRTC spokesman Eric Rancourt said in an email that the CRTC is working on it. "There is a well-established process that must be followed, which includes the fact that cost applications must be submitted within 30 days of the close of the record of the proceeding," he said, adding parties can then comment on the application. "We continue to work diligently to process PIAC’s remaining cost applications and the decisions will be published in due course." "The CRTC is proud to be one of the few government agencies that supports the participation of consumer groups in its telecom proceedings," Rancourt added. The delay also means that if PIAC commissions a public opinion survey or hires an expert, those groups also have to wait that long to be paid, Lawford noted. If PIAC isn’t able to make the system work, that means nobody else will step up, said Lawford. “Nobody’s going to do … this work,” he said. “Because if we can’t do it, nobody else can make money on this. Nobody’s going to take PIAC’s place. It’s all over.” PIAC's role is to help provide a balance in viewpoints in front of the CRTC, Lawford said, providing a counterbalance to dozens of telecom companies. “The regulator can’t help but get captured if they don’t have another voice in there,” he said. Lawford added: “I think we’re an important conduit between arcane regulatory junk and people who have a normal life and do normal things, or are an expert in another area, like journalism.” If PIAC goes out of business, a lot of “institutional knowledge is going to be wasted,” Lawford said. “You’re losing 40 years of experience. And you’re losing at least three lawyers who trained specifically to take this side and to be able to argue it.” Lawford said the group has already had to let staff go, laying off its researcher, and isn’t able to do any unfunded work at the moment, such as public consultations or testifying in front of parliamentary committees. It has also cut expenses like subscriptions and travel. “There’s nothing more that I can squeeze,” he said. The organization has since launched a public appeal for help and is asking for donations. Lawford said in a follow-up email that the group is waiting on about $150,000 in claimed cost awards, but launched the campaign because it needs about $50,000 in order to be able to make it through to February. — With reporting by Anja Karadeglija at akarad@thewirereport.ca and editing by Ahmad Hathout at ahathout@thewirereport.ca

CRTC cost award delays could lead to PIAC shutdown, group says

News | November 10, 2017

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CRTC cost award delays could lead to PIAC shutdown, group says

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