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Uber seeks injunction against City of Surrey

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Surrey Mayor Doug McCallum said bylaw officers would fine the company and drivers working in the city because they do not have business licences.

Uber has filed asked the B.C. Supreme Court to issue an injunction after Surrey Mayor Doug McCallum promised bylaw officers would fine drivers and the company for operating in the city without a business licence.

Over the weekend, the city issued 18 warnings to drivers and $1,000 in fines to Uber, and the mayor said on Monday that the grace period was over and drivers would be fined, along with the company. Uber’s head of western Canada, Michael van Hemmen, said in an emailed statement that he believes the tickets are illegal.

“The city’s actions are unfair to local residents who want to earn money and support their families. It is also unfair to those who need a safe, affordable and reliable ride,” said van Hemmen.

The requested injunction would prevent the city from fining, ticketing or otherwise sanctioning the company and its drivers for working in Surrey, pending a court hearing. Uber is also asking that the city pay the company’s court costs.

“Our preference is to work collaboratively with municipalities, and we are doing so across the region,” van Hemmen said. “However, Uber must stand up when drivers and riders are being bullied and intimidated, especially when the province has confirmed drivers have the legal right to use Uber’s app, and to earn money driving with the app.”

McCallum told reporters that he wasn’t concerned about the threat of legal action, because the city receives notices about legal action regarding bylaws on a regular basis.

“We feel that the ride hailing, or especially Uber, is not abiding by our bylaws. It does not have a business licence at this time to operate in Surrey,” McCallum said. “The same as any commercial business or any retail outlet we expect that all businesses, including commercial ride hailing companies, will respect our bylaws and will get a business licence.”

He said the city’s lawyers have told him Surrey has the legal right to fine Uber and its drivers because they don’t have a business licence.

“So, we will carry it forward,” he said.

Uber has not shied away from legal fights with other jurisdictions, such as New York City, the State of California and Sokie, Illinois.

McCallum invited Uber to apply for the same kind of business licence a taxi company must obtain to operate — taxi companies pay $161.75 a year for a Surrey business licence, plus $441.50 for each taxi — but did not say whether Uber or any other ride-hailing company would be approved if it did apply.

Uber said because the city does not have a specific business licence for ride hailing, like the ones in Vancouver, Richmond, Burnaby, Delta or the Tri-Cities, there is no licence for which to apply.

“According to provincial law, ride sharing is not taxi,” it said in a previous statement.

Minister of Transportation Claire Trevena said no municipality has the authority to block ride hailing, but they do have the ability to regulate the service through business licensing.

“Surrey has obviously gone ahead and said that the companies need a business licence, and they have not issued business licenses, and so that’s really a matter of between, I would suggest, Surrey and the companies,” Trevena said.

The type of licence the municipality requires is up to them — it does not have to be a ride-hailing business licence.

“We’ve set the framework, we’ve created these legislative amendments and made sure that we’ve got the framework in place, including the ability for municipalities to have business license or to use business as they so wish,” Trevena said. “But, it’s not up to us to say what sort of business licence the municipality is issuing and isn’t issuing.”

She also said how a city enforces its business licensing and bylaws is up to them.

When asked what would happen if a municipality did try and block ride hailing in any way, Trevena said it will be up to those who have an issue with a municipality to take legal action. However the province could come up with penalties if necessary.

Uber said although it won’t get a business licence, its app will continue to be available to those who want a ride within its Surrey service area, which includes a large swath of the city.

Uber driver Aloys Mbella, who lives in Surrey, said he had no trouble getting fares on Tuesday morning, having picked up four people within his first hour on the road. As he drove through the city, Mbella said he was not concerned about being fined and would continue to pick up customers in Surrey.

Uber said it supports an inter-municipal business licence, which is being developed by TransLink. It’s expected to be drafted within the next week, at which time it will go to Metro Vancouver municipal councils for consideration. Participation in the regional licence will be voluntary.

McCallum said he is waiting for the inter-municipal licence to be considered by the Mayors’ Council before taking action in his own city. He said he supports the process, even though he was the only mayor to vote against the licensing scheme at a Mayors’ Council meeting in December.

Surrey Coun. Brenda Locke, who left McCallum’s Safe Surrey Coalition last year and has since formed Surrey Connect, said it’s unfortunate that fines are being issued. She said the city should work with the taxi industry and Uber to make things work “in a civilized way.”

“I think Uber’s got its back up against the wall and they have to take legal action because there’s a possibility that Surrey is absolutely wrong in what they’re doing,” she said. “This is what’s going to happen when cooler heads can’t prevail and people can’t act maturely about what is going to be happening in our province.”

Coun. Linda Annis, who is a Surrey First councillor, said making bylaw officers write tickets to Uber drivers is a bad use of resources, and she is upset and disappointed by what is happening in Surrey.

“I lay it at the feet of the mayor. Certainly the bylaw officers, this is not an initiative that they would take on their own, and they obviously received instruction from somewhere, and that’s just not acceptable to me,” she said.

When it comes to legal challenges, Annis echoed Locke’s comments that they’d be better off working together.

“I think when you’re starting any relationship, it’s really, really bad to be talking about lawsuits,” she said. “We have to work collaboratively with our ride-hailing partners. It’s a service we need to have in Surrey. We need to start off in a collaborative way, not a confrontational manner.”

The Consumer Choice Center, an international advocacy group, derided Surrey’s bylaw enforcement against Uber drivers, and called it taxi industry “cronyism.”

“Going after Uber drivers does nothing but hurt consumer choice and put public safety at risk,” said the centre’s Toronto-based North American affairs manager, David Clement.

“We know from peer reviewed research that for every month ride sharing is legal, impaired driving arrests decline by 0.8 per cent. Mayor McCallum may say that he is trying to protect community safety, but the reality is that he is just trying to protect the taxi industry from competition.”

The issue of ride-hailing business licences, and whether Surrey will participate in the regional inter-municipal business licence, is expected to be discussed at the Feb. 10 council meeting.

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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.

Companies in this story: (TSX:TRP)

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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.

Companies in this story: (TSX:BCE)

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