GATINEAU – The CRTC has banned locked devices and subsequent unlocking fees charged by wireless service providers as part of its review of Canada’s Wireless Code of Conduct.

The Commission said Thursday that effective December 1, 2017, all individual and small business wireless service customers will have the right to have their devices unlocked free of charge upon request, and that all newly purchased devices must be provided unlocked from that day forward.  This will apply to all new, amended, or extended contracts.

As part of its planned three-year review of the Code, which included public opinion surveys and a four-day hearing in February, the CRTC also tweaked provisions around trial periods, allowing unhappy customers 15 days to cancel their contract and return their device in near-new condition at no costs, provided that they have used less than half of their monthly usage limits.

To ensure that users with disabilities have a reasonable opportunity to test their services, they will be able to use up to 100% of their plan’s voice, text or data during a 30 day extended trial period, continues TRP 2017-200.

The CRTC also clarified some rules that are already in place under the Wireless Code.  For example, the account holder for family or shared plans must, by default, be the one who consents to data overage and data roaming charges beyond the established caps of $50 and $100 per month, respectively.  Wireless service providers may, however, allow account holders to authorize other users on a family or shared plan to consent to additional charges.  The decision also stressed that in all instances, the caps apply on a per account basis, regardless of the number of devices associated with the account. These clarifications apply immediately.

The Commission also cleared up various interpretations of a wireless plan’s key terms in the marketplace, stressing that they include voice, text and data services. These terms cannot be unilaterally changed by the service provider during the contract period without the account holder’s express consent, and these clarifications also apply immediately.

“The Wireless Code has helped make the wireless market more dynamic to the benefit of Canadians”, said CRTC chair Jean-Pierre Blais, in a statement.  “While they appreciate the Code, they told us loudly and clearly that it could be more effective. We have listened to them. The changes and clarifications we are announcing today will give Canadians additional tools to make informed choices about their wireless services and take advantage of competitive offers in the marketplace.”

The Wireless Code is a mandatory code of conduct that came into effect December 2, 2013 in an effort to make it easier for consumers and small businesses to understand their contracts for cellphones and other mobile devices, to switch service providers, and outlines their basic rights.  The Code applies to all wireless service providers and is administered by the Commissioner for Complaints for Telecommunications Services (CCTS).

www.crtc.gc.ca

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