|
|
|
You have rights. |
|
Information about your local home telephone services*
|
| The Canadian Radio-television
and Telecommunications Commission (the CRTC), the federal body
responsible for regulating your telephone service, offers you this guide
to help you to understand your rights with respect to local home phone
services regulated by the CRTC. One of the CRTC's goals is for everyone
in Canada to have access to reliable and affordable local telephone
service. Your local phone service includes basic phone service and other
optional local services you subscribe to (for example call answer, call
waiting and call display). |
| The information contained in
this guide does not necessarily apply to cellular phone service,
voice over Internet Protocol (VoIP) service, or local phone service
offered by a competitive service provider. |
| Read on to find out more about: |
- Your right to local telephone service
|
- Your right to choose a phone company
|
- Your rights regarding deposits for service
|
- Your rights when the phone company wants to cut off your phone
service
|
- Your rights when you want to discontinue your phone service
|
- Your right to block outgoing long distance and 900 and 976 calls
|
- Your additional rights if you are a person with a disability
|
- Your right to keep your information confidential
|
- Your rights regarding unsolicited telephone calls
|
- Your right to protect your privacy when calling or being called
|
- Your right to control access to your home
|
- Your rights regarding the wiring and equipment inside your home
|
|
|
- Your right to detailed monthly billing information
|
- Your right to register a dispute or complaint
|
- Your right to participate in CRTC proceedings
|
| You will find more
complete information about your relationship with the phone company in
the "Terms of Service" section in the front of your telephone directory
(the white pages). You may also consult your phone company, its website,
or the CRTC to obtain further information about your rights. Contact
details for the phone company are included in your telephone directory
and your phone bill. Contact details for the CRTC can be found at the
end of this guide. |
| You also have other rights that
apply to your telephone service and that do not fall under the CRTC's
mandate. These other rights include, for example, those provided by the
Personal Information Protection and Electronic Documents Act,
under the jurisdiction of the Office of the Privacy Commissioner of
Canada, or equivalent provincial legislation. |
| Your right to local
telephone service |
|
Everyone in Canada has the right to receive basic local home
telephone services, subject to certain conditions.
|
| You have the right to receive
the following basic services as part of your local telephone service,
where they are available: |
|
|
- access to emergency services, for example through 9-1-1;
|
- access to the operator and directory assistance;
|
- access to long distance calling;
|
|
|
- access to special features, such as call display blocking;
|
- access to message relay service, which is used to facilitate
communications with persons with speech or hearing disabilities;
|
- a copy of the white and yellow pages of the local phone directory.
|
| These services may not be
available in all parts of the country but, where they are available, the
phone company must provide them. |
| When there is phone service in
your area and you have the required credit rating or credit guarantees,
or if you are required to pay a deposit (see "Your rights regarding
deposits" section), the phone company must provide local telephone
service to your home. There may be instances where the phone company
requires access to your property in order to provide phone service to
you. |
| You are entitled to pay the
initial connection charges over a period of up to six months for local
telephone service. |
| In areas where there is no
telephone service, there may be options to make phone service available,
if you agree to pay certain construction charges. If local telephone
service is currently unavailable in your area, contact a phone company
providing service in the nearest area and ask them to quote you a price
for providing phone service to your home. You are entitled to pay any
construction charges on a reasonable instalment basis. |
| Your right to choose a phone
company |
|
When more than one phone company offers service in your area, you
can choose from whom to buy phone services, you can switch phone
companies or you may be able to buy some services from one phone
company and other services from another.
|
| You have a right to choose your
phone company and to choose the services that you receive from the phone
company. You do not have to buy all of your services from the same phone
company. For example, some customers buy their local telephone service
from one company and their long distance service from another. |
| You have the right to change
companies where more than one phone company offers service in your area.
You can also change the services you are buying from any company (see
"Your rights when you want to discontinue phone service" section). |
| In most circumstances, you will
be able to keep your phone number when you change phone companies,
providing that you stay within the same local telephone service area.
When switching to a new telephone company, you should consult with that
company to see whether you can keep your existing phone number. |
| Your rights regarding
deposits for service |
|
Your phone company may only ask for a deposit in specific
circumstances and there may be alternatives to paying a deposit.
|
| The phone company may ask you
for a deposit if you do not have a credit history with the company and
you cannot provide satisfactory credit information, you have a poor
credit rating with the phone company, or you otherwise pose a high risk
of not paying your telephone bill. |
| The deposit, where required,
generally does not exceed the total of three months' phone charges from
the company, including charges for local phone service and any extra
services you decide to purchase, such as long distance service and
optional local services. |
| The phone company must inform
you of the reasons for asking you to pay a deposit and explain that
there may be other options available. For example, you can arrange for
someone else, who has a good credit rating with the phone company, to
sign a contract with the phone company, agreeing to pay your bill if you
don't. This person is called a guarantor. You can also have someone else
pay your bill for you. Another option is to get a letter of credit from
a financial institution. |
| You earn interest on deposits
that you have paid to the phone company. The amount of your deposit and
the interest you have earned will periodically be shown on your phone
bill. |
| The phone company must
periodically review the need to keep your deposit, or the alternatives
to the deposit. If the reasons that justified the need for your deposit
are no longer present, the phone company must return your deposit, and
any interest, to you promptly. |
| If you cancel your service with
your phone company, your deposit plus interest will be returned to you,
less any amounts that you still owe. |
| Your rights when the phone
company wants to cut off your phone service |
|
Your phone company can only disconnect your local phone service in
specific circumstances and after taking specific steps.
|
| Circumstances when your
local phone service cannot be cut off |
| Under no circumstances can the
phone company cut off your local phone service because you have not paid
for other phone services, such as long distance, Internet or cellular
services. |
| The phone company cannot cut
off your local phone service at one location because you have not paid
your bill for a different class of service at another location, such as
business phone service. Also, if you are a guarantor who promised to pay
someone else's bill, the phone company cannot cut off your local phone
service because you have not paid that person's bill. |
| If you are unable to pay the
full amount that you owe for your phone services, you have the right to
arrange a reasonable payment plan with the phone company. The phone
company cannot cut off your local phone service if you are willing to
enter into, and honour, a reasonable payment plan. You may also want to
consult with your phone company to find out what optional services you
can discontinue or block in order to reduce your phone bill (see "Your
right to block outgoing long distance and 900 and 976 calls" section). |
| If you believe that some of the
charges in your phone bill are incorrect, you have the right to dispute
them. You must let the phone company know that you are disputing the
phone bill and pay the part of your phone bill that is unrelated to the
disputed charges. The phone company cannot charge you interest or cut
off your local phone service because you do not pay the disputed
charges, unless it has reasonable grounds to believe that you have
disputed the charges as a way to avoid or delay making a payment. |
| Circumstances when your
local phone service can be cut off |
| The phone company may take
steps to cut off your local telephone service only in limited
circumstances, such as: |
- when you owe the company more than $50 for your local phone
service, including local optional services;
|
- when your local phone service charges have been past due for over
two months;
|
- when you fail to provide or maintain a reasonable deposit or an
agreed upon alternative (see "Your rights regarding deposits"
section);
|
- when you have failed to honour the terms of a payment plan
arrangement;
|
- when you use, or allow someone else to use, your phone for illegal
purposes or to make annoying or offensive calls.
|
| Having your local phone service
cut off is a very serious matter. Consult your telephone company's
"Terms of Service" found in your white pages or the CRTC if you would
like to clarify when your phone service can and cannot be cut off. |
| Steps the phone company must
take |
| The phone company cannot cut
off your telephone service without providing reasonable advance notice
in order to allow you the opportunity to pay outstanding bills, make
payment plan arrangements, sort out misunderstandings, or take other
actions to prevent your local phone service from being cut off. |
| The phone company must first
contact you and explain why it is planning on cutting off your service.
If the reason for ending your service is related to outstanding debt,
the phone company must also let you know that you can enter into a
reasonable payment plan, what the reconnection charge will be, and the
phone number of a company representative you can talk to if you are
disputing charges. If the phone company cannot reach you by phone, it
must provide this information to you in a written notice to your billing
address, or by fax or electronic document. |
| If the situation has not been
resolved, the phone company must provide at least 24 hours' notice prior
to cutting off your service, except in very limited circumstances. |
| Reconnection of service |
| The phone company must restore
your local phone service when the reason the service was cut off no
longer exists. There may be a charge to reconnect your phone service. |
| If the disconnection of your
local phone service was in error or otherwise improper, the phone
company must restore your service free of charge. Your phone service
will usually be reconnected during business hours on the next working
day. |
| Your rights when you want to
discontinue your phone service |
|
You can discontinue your phone service at any time. However, there
are conditions associated with ending your phone service. In most
circumstances, you will be expected to provide the phone company with
reasonable advance notice that you wish to end your phone service.
|
| Before you cancel your phone
service, you should be aware of the minimum contract period you have
entered into with your phone company. Most customers are subject to a
one-month minimum contract period. |
| If you want to end phone
service after the end of your contract period, you will only have to pay
the charges incurred up to the date that your service ends, provided
that you have given your phone company reasonable advance notice. |
| If you want to end phone
service before the end of your contract period, additional charges
may apply. |
| There are circumstances when
the rules regarding ending phone service are different, such as
when someone takes over a customer's phone service, if a customer's home
becomes uninhabitable for reasons beyond the customer's control, or in
the event of a customer's death. Since these circumstances are very
specific, you should consult your phone company or refer to the
"Terms of Service" found in your white pages for more information. |
| Your right to block outgoing
long distance and 900 and 976 calls |
|
You can have outgoing long distance calls and 900 and 976 calls
blocked. You have the right to have charges for calls to 900 and 976
services waived by the phone company the first time they are
reasonably disputed.
|
| Your phone company can set up
your phone service so that long distance phone calls cannot be made from
your telephone. This long distance blocking service is free, and there
is no monthly charge. |
| Where available, 900 and 976
services are pay-per-call services that connect you to live or
pre-recorded information such as chat lines, sports scores, or weather
forecasts. You have the right to block outgoing 900 and 976 calls from
your telephone. You will not be charged the first time you set up 900 or
976 call blocking service, and no monthly charges apply. There may be a
maximum charge of $10 each time you decide to deactivate or reactivate
the blocking service thereafter. |
| Responsibility for 900 and
976 calls |
| You have the right to
reasonably dispute 900 and 976 charges. The phone company will waive
these charges from your bill the first time they are reasonably
disputed. The phone company may offer to provide you with 900 and 976
blocking service and if you do not accept this service, you will be
responsible for paying all future 900 and 976 charges that appear on
your bill. |
| Your additional rights if
you are a person with a disability |
|
There are certain services available for persons with disabilities,
some of which may be provided at a discount or free of charge.
|
| If you are registered with the
phone company as having a disability, you may be able to receive certain
services, such as: |
- message relay service available 24 hours a day, 7 days a week, at
no charge;
|
- a 50% discount on basic long distance charges for calls within
Canada made by a registered user of a Telecommunications Device for
the Deaf (TDD); and/or
|
- free directory assistance.
|
| A customer who is blind or has
a visual impairment has the right to receive billing statements, bill
inserts and other billing information in an appropriate alternative
format. This could be in Braille, large print, electronic version, or in
another format that is agreed upon between the customer and the phone
company. |
| Speak to your phone company to
find out about these and other available services and equipment that are
specially adapted to meet the needs of persons with disabilities. |
| Your right to keep your
information confidential |
|
Except for your name, address and listed telephone number, all the
information that the phone company has about you is confidential.
|
| The phone company may not give
out personal information, other than your name, address and listed
telephone number, unless you expressly give them permission to do so.
There are however a few exceptions to this rule. The phone company may
give out your confidential information without your express permission
when it has a legal obligation to do so, as well as for very specific
purposes associated with your phone service. The specific purposes for
which your phone company may give out your confidential information
without your express permission are listed in the "Terms of Service"
found in your white pages. |
| You, or a person acting on your
behalf, always have the right to access your confidential information.
You also have the right to review any phone company records regarding
your telephone service. Specific conditions may apply. |
| Your rights regarding
unsolicited telephone calls |
|
There are rules in place to help you reduce the number of
unsolicited calls that you receive.
|
| Ways to reduce unsolicited
calls |
| You should be aware that the
phone company may make your name, address and listed telephone number
available to telephone directory publishers. The telephone directory
publisher can, in turn, provide your information to organizations which
could lead to unsolicited telephone calls to your home. |
| In order to reduce unwanted
telephone calls, you may subscribe to a non-published number service.
This service will remove your name, address and telephone number from
the telephone directory and from directory assistance. A charge of no
more than $2 per month will apply. Alternatively, you may specifically
request that the telephone directory publisher not sell or distribute
your information to any other parties. |
| Telemarketing rules |
| Subscribing to a non-published
number service or requesting that your information be removed from the
lists given out by publishers of telephone directories may not be enough
to stop unsolicited telephone calls. Other rules do exist to protect you
from unwanted telemarketing received by means of unsolicited: |
|
|
|
|
|
|
| You have the right to complain
to your phone company, or the CRTC, if a telemarketer does not comply
with any of the following telemarketing rules. The telemarketing rules
listed below are under review by the CRTC and may be subject to change.
Contact the CRTC directly for up-to-date information on the
telemarketing rules. |
| Automated calls |
| Automated calls make use of
equipment that stores and dials telephone numbers automatically and can
include a pre-recorded message that is played when the phone is
answered. Automated calls cannot be used for the purpose of
solicitation. This includes automated calls made on behalf of a charity,
calls requesting that you hold until an operator is available, or calls
referring you to a 900 or 976 number. |
| Automated calls are only
allowed when there is no attempt to solicit, for example if you are
called for public service reasons, for emergency purposes, to collect on
an overdue account, or to participate in research. Such calls are only
permitted from 9:30 a.m. to 8:00 p.m. on weekdays, 10:30 a.m. to 5:00
p.m. on Saturdays, and noon to 5:00 p.m. on Sundays. There are no hour
restrictions, however, if the automated call is made for public service
reasons. |
| Automated calls must start with
a clear message telling you who is calling, including a mailing address
and a local or toll-free telephone number. Automated calls must display
the number where the call is coming from or an alternate contact number. |
| Live calls |
| When live telemarketers contact
you, they must identify the person or organization that they represent.
The telemarketer must, if you request it, provide the name, address and
telephone number of a person whom you can contact. Telemarketers are
required to display the number where the call is coming from or an
alternate contact number. |
| There are no hour restrictions
on live telemarketing calls. |
| If you do not wish a
telemarketer to contact you again, you have the right to request that
the telemarketer place you on its "Do not call" list. Your name and
number must be removed from that telemarketer's calling list within 30
days of your request. Telemarketers are required to maintain your name
on their "Do not call" lists for 3 years. |
| Faxes |
| A fax from a telemarketer must
identify the person or organization on behalf of whom the fax is sent,
including the name, address, telephone number and fax number of a person
whom you can contact. The fax must display the number where the call is
coming from or an alternate contact number. Telemarketing faxes can only
be sent on weekdays between 9:00 a.m. and 9:30 p.m. and on weekends from
10:00 a.m. to 6:00 p.m. |
| If you do not wish to receive a
telemarketer's faxes again, you have the right to request that the
telemarketer place you on its "Do not call" list. Your name and number
must be removed from that telemarketer's calling list within 7 days of
your request. Telemarketers are required to maintain your name on their
"Do not call" lists for 3 years. |
| Your right to protect your
privacy when calling or being called |
|
You can protect your privacy when calling or being called.
|
| Protecting your privacy when
making telephone calls |
| If you don't want someone you
are calling to see your name and telephone number on a call display
system, you can make use of call blocking service. The person you are
calling will see an empty screen or a message such as "private number".
Call blocking service is provided free of charge when used on a per-call
basis, by dialling a specific set of numbers before making the call.
Automatic call blocking service on all your outgoing calls may also be
available, but monthly charges may apply. Various social service
agencies and certain subscribers may be able to receive automatic call
blocking free of charge. |
| Call blocking may not
effectively protect your identity when making international calls. For
international calls, you may wish to use another method, such as having
the operator place the call for you. Some charges may apply. |
| Protecting your privacy when
receiving telephone calls |
| If you are being harassed by
persistent and/or threatening phone calls, and believe that legal
measures are necessary, you may use call trace service. Call trace
service allows the phone company to provide the caller's telephone
number to the police. You are responsible for informing the police of
your situation and your call trace request. Charges may apply for using
call trace service, up to a maximum of $10 per month. |
| Other optional services, such
as call display which will allow you to see the name and/or number
of the caller, may be available to help you protect your privacy.
Contact your phone company, or refer to your telephone directory, to
find out more about these services, including any charges that may
apply. |
| Your right to control access
to your home |
|
You have the right to control access to your private property.
|
| Your phone company can request
permission to enter your premises during reasonable hours in order to
perform various services, such as installing, inspecting, repairing or
removing its facilities or equipment. Your phone company is required to
get permission before it is allowed to enter your home, except in cases
of emergency or legal power. The phone company representative must show
you a piece of company identification upon request. |
| Your rights regarding the
wiring and equipment inside your home |
|
You have choices when it comes to the telephone equipment and
wiring inside your home.
|
| You have the option of
purchasing or renting a telephone or other equipment from your phone
company. You can also purchase telephone equipment from anyone else that
sells such equipment. The telephone equipment must comply with Industry
Canada technical specifications. |
| Most customers are responsible
for the telephone wiring inside their homes. If you need telephone
wiring inside your home installed, repaired or maintained, you can
either hire a contractor or the telephone company to do it, or you can
do it yourself. If you live in a rental property, you should speak with
your landlord to determine who is responsible for the inside wiring of
your residence. If you have multi-line service, or if you are without a
telephone jack, the phone company is responsible for the wiring inside
your home. |
| Your right to refunds |
|
You may be entitled to receive refunds when there are problems with
your phone service, billing errors, or directory errors.
|
| Refunds for service problems |
| You have the right to a refund
for the period in which you experienced any technical problems with your
telephone services, as long as they are not related to your wiring or
equipment. To be eligible for a refund, you must inform the phone
company of the service problem. In general, you don't have to ask for a
refund if the problem lasts for 24 hours or more. However, to ensure a
timely refund, you should specifically request it from your phone
company. |
| Refunds for billing errors |
| You should inform your phone
company if you notice that your telephone bill includes a charge that
should not have been billed or that was overbilled. You have the right
to receive a refund for any billing error as long as you report it
within a set period of time. Billing errors for recurring charges, such
as monthly local telephone service, must be disputed within one year,
while billing errors for non-recurring charges, such as directory
assistance charges, must be disputed within 150 days of the date of the
bill. Any refund that you receive for a billing error should also be
credited with interest. |
| Refunds for directory errors |
| If there is an error in your
telephone directory listing or your listing has been omitted, you may be
able to receive a refund if you have paid any charges for the listing. |
| If the error relates to your
phone number, you have the right to have your incoming phone calls
referred to your correct telephone number free of charge. This service
will be provided until an updated directory is made available. Number
referral service will also generally be provided if the phone company
changes your telephone number for whatever reason, for a limited period
of time. |
| Your right to detailed
monthly billing information |
|
You have the right to receive a detailed billing statement every
month.
|
| The phone company must provide
you with a monthly billing statement which details what local and
optional services you subscribe to, and how much you are paying for each
service. |
| The prices for some of the
services that you receive may change over time, and the phone company
does not necessarily have to notify you before it decides to change
them. If you have concerns about an item in your billing statement,
contact your phone company or the CRTC. |
| Your right to register a
dispute or complaint |
|
You have the right to dispute charges and to file a complaint about
the service you receive. There are processes in place to assist you if
you are having difficulties getting service or answers from your phone
company.
|
| Disputing phone charges |
| You have the right to dispute
any telephone charges on your billing statement that you believe are
incorrect. If you dispute a telephone charge, the phone company will
investigate your claims, and will make the results of its investigation
available to you. The phone company cannot consider the charges that you
are reasonably disputing to be past due, but you are required to pay the
undisputed portion of your bill. |
| As a general rule, the phone
company cannot threaten to suspend or cut off your local phone service
over any amounts that you are reasonably disputing (see "Your rights
when the phone company wants to cut off your phone service" section). |
| Various scams and frauds exist
that may affect your telephone service and could lead to additional
charges on your phone bill. You are responsible for keeping yourself
informed and protecting yourself against various scams and fraud. For
more information about known scams and fraud, contact your phone
company. |
| Complaints |
| You also have the right to
complain to the phone company if you have any problems with the service
you receive. If you have a dispute or complaint, the first step is to
speak to your phone company. If the representative handling your call
cannot resolve the problem to your satisfaction, you can ask to speak to
the service manager or a supervisor in the customer service department. |
| If you are still not satisfied
with the answer you are getting, you can contact the CRTC. The CRTC will
ask the phone company to respond to your concern shortly thereafter. You
should receive the phone company's response within 20 working days of
the CRTC's request. If the CRTC is not satisfied with the phone
company's response, it may investigate the matter further. |
| If you wish to register a
complaint, or want to find out more about your rights in general, you
can contact the CRTC by: |
- Telephone (toll-free): 1-877-249-CRTC (2782)
|
- Telephone for TDD users (toll-free): 1-877-909-2782
|
- Facsimile: 1-819-994-0218
|
- CRTC Internet address:
www.crtc.gc.ca
|
- Mailing address: CRTC, Ottawa, Ontario, K1A 0N2
|
| Your right to participate in
CRTC proceedings |
|
Any interested person or association may participate in CRTC public
proceedings, or may submit comments or concerns to the CRTC.
|
| Any person, or group of
persons, can participate in public proceedings held by the CRTC. You can
find out about upcoming proceedings through official CRTC announcements
which are available from any CRTC office and the CRTC's website at
www.crtc.gc.ca. The CRTC may also
communicate important information through billing inserts in your phone
bill. You may contact the CRTC at any local office to find out more
information: |
Central Office
Les Terrasses de la Chaudière Central Building
1 Promenade du Portage
Gatineau, Quebec
J8X 4B1
Tel: 819-997-0313
TDD: 819-994-0423 |
Nova Scotia
Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel: 902-426-7997 |
Quebec
205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel: 514-283-6607 |
Ontario
55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel: 416-952-9096 |
Manitoba
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
R3B 2B3
Tel: 204-983-6306
TDD: 204-983-8274 |
Saskatchewan
Cornwall Professional Building
2125 11th Avenue
Suite 103
Regina, Saskatchewan
S4P 3X3
Tel: 306-780-3422 |
Alberta
10405 Jasper Avenue
Suite 520
Edmonton, Alberta
T5J 3N4
Tel: 780-495-3224 |
British Columbia
580 Hornby Street
Suite 530
Vancouver, British Columbia
V6C 3B6
Tel: 604-666-2111
TDD: 604-666-0778 |
