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Supreme Court dismisses BC bands' Trans Mountain appeal – BNNBloomberg.ca

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OTTAWA — Several B.C. First Nations vowed Thursday to keep their fight against the Trans Mountain pipeline expansion going, despite losing what appears to be the last known legal option to overturn federal approval of the project.

The Supreme Court of Canada dismissed an appeal from Squamish Nation, Tsleil-Waututh Nation and Coldwater Indian Band. The dismissal, which as usual came with no explanation for the decision, effectively upholds a decision by the Federal Court of Appeal in February that Ottawa’s June 2019 approval of the project was sound.

Natural Resources Minister Seamus O’Regan said the government had worked hard to hear and accommodate concerns the communities have with the project and welcomed the court’s decision.

“The government approved TMX because it is an important project for Canada,” he said in a statement.

“Construction of TMX is underway and has already created more than 4,900 good, well-paying jobs, will help us gain access to new markets for our resources and generate revenue to help fund clean energy and climate change solutions.”

The pipeline is currently expected to be in service in about two years.

Alberta Premier Jason Kenney called the dismissal another “legal vindication” for the pipeline, which was first proposed eight years ago but has been delayed by numerous legal challenges.

It clears the way for construction to continue on the project, which will nearly triple the amount of diluted bitumen that can be carried from Alberta’s oilsands to a marine terminal in Burnaby, B.C.

“This is yet another critical victory for pipelines, for our prosperity,” Kenney said at an event in Taber, Alta., Thursday morning. He said 120 of 129 First Nations affected by the pipeline either approve or do not object to it.

The First Nations behind the appeal, however, said they were disappointed but not surprised by the outcome, and vowed to fight on.

“What I can tell you today is that this is not the end of our story,” said Tsleil-Waututh Nation Chief Leah George-Wilson, at an online news conference.

George-Wilson said she will now consult with her community before deciding what to do next. She and other community leaders said there remain some legal options open to them but declined to say what they are.

Chris Lewis, a Squamish Nation councillor, said the next steps for his community will be “focused on protecting our territory to the full extent possible.” He said an ongoing study underway about diluted bitumen will be a key part of that.

Coldwater Chief Lee Spahan said his community will continue to push back about the planned route for the pipeline, which it says puts its aquifer at risk, the sole source of drinking water for the First Nation.

But Thursday’s decision is the end of the road to have the courts overturn the federal government’s approval of the project, and is the fourth court victory this year for pipeline proponents, including the February Appeal court decision at the centre of Thursday’s case.

In January, the Supreme Court ruled against the B.C. government’s attempt to regulate what can flow through the pipeline in January because as an interprovincial project it is entirely within federal jurisdiction. In March it also declined to hear an appeal over the federal approval from environment groups.

Ottawa has now approved the project twice, forced to do more Indigenous consultation and environmental review after the Federal Court of Appeal agreed with First Nations and environment groups that the first attempts were flawed. In February, however, that court said Ottawa had now lived up to its duty to consult.

The First Nations leaders speaking Thursday vowed the pipeline will never be finished, and questioned Prime Minister Justin Trudeau’s repeated assertion that there is no relationship more important to him than Canada’s relationship with Indigenous Peoples.

“This case is about more than a risky pipeline and a tanker project,” George-Wilson said. “It is a major setback for reconciliation. It reduces consultation to a purely procedural requirement that will be a serious barrier to reconciliation.”

She said the Federal Court of Appeal relied on Ottawa’s own assessment of its consultation process, which she argued was flawed since Ottawa now owns the pipeline and so had a conflict of interest.

Trudeau has repeatedly sold the project as a compromise between Canada’s need to develop and take advantage of its natural resources in order to fund a transition to a cleaner, greener future.

Most oil produced in Alberta is sold at a discount because Canada is so heavily reliant on the United States as its customer. The hope is that this pipeline will carry more Canadian oil to the Pacific, where it can make its way to Asia and raise the price companies can get for oil.

—With files from Colette Derworiz in Edmonton.

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

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