The AUC has a comprehensive, flexible dispute resolution and compliance process which contributes to a broader goal of increasing efficiency and limiting regulatory burden. The AUC approaches its compliance and enforcement work through three steps:
Complaints and referrals are received through:
Complaints and referrals that are determined to include a possible contravention of an AUC decision, order or rule are forwarded to the Commission’s enforcement staff.
Enforcement staff then conduct a preliminary examination to review the circumstances and evaluate the seriousness of the identified conduct.
Commission enforcement staff may close the preliminary examination if:
If Commission enforcement staff determine that a preliminary examination may require further action, then a Commission member is assigned. The Commission member will review the matter and determine whether a contravention can be proven and if the information is sufficient to warrant a formal investigation.
As part of the investigation AUC enforcement staff may:
At the conclusion of the investigation, the assigned Commission member will review the evidence and determine one of three potential outcomes:
When considering whether to commence enforcement action (i.e. an enforcement proceeding), the Commission member will consider whether:
If a formal enforcement proceeding is initiated, the AUC will issue a notice to the alleged contraveners, setting out the particulars of the suspected contravention and the nature of the sanctions being sought.
A division of the Commission will conduct a proceeding to determine the merits of the allegations set out in the notice and decide what, if any, sanctions are warranted.
The April to December 2019 Enforcement Report summarizes
results of the AUC’s compliance and enforcement activities in 2019 under a
number of categories. The 2019
report provides a transparent look at the organizations involved in these, the
specific type of contravention (e.g. incorrect bill, disconnection in error)
and the bottom-line enforcement outcome of these specified penalty
investigations (64 penalties issued).
The Commission intends to issue an enforcement report twice