Add after posting:
Hmm I realize I might be wrong in 1 assumption: Form a radio interview with the CRTC director of communications on 985fm.ca, I was under the impression that they could retrieve more then just the cost of the phone, for the first 24 months. Someone just told me here that it's not the case. I think I stand corrected. But I'll leave the post still. Maybe it will help someone that tought like me that for the first 24 months, penalties were still in place, over the cost of the phone.
Note: I have started writing before TorontoColin replied so I maybe late. Didin't push send for a while.
That's my point. There is no more cancellation fee, after two years with the new code (here in Quebec, none at all). The only thing they can charge you it's the "subsidy" part for the reminder of the contract. Or if you prefer, the residual value of the phone.
One way or the other you are paying for your phone, in full, in your monthly plan, or in one shot (wich will give you the rebate for BYOD). The terminology subsidy should'nt even be used. It's an installment plan, a loan, but subsidy? Not really.
(BTW, if I can digress alittle, I can even tell you that I was able to change my monthly plan, because there was a promotion wich save me 20$ a month, and I didn't have to break my contract, and did not have to buy the phone back to do so. I pay now 55$/month for 3Go of data and unlimited calls in north America. So that's not a given that prices, on phones or on plans will raise because of the code implementation).
As I understand it, If canadians want a 36 month contract, nothing stops the providers to sell one, in the new code. There is just one thing that change: After two years, you don't have to pay for the 12 month reminding on your contract, of your monthly plan charges. You still have to pay for the rest of the value of the phone.
If price goes up, then I was wrong, but from what happened in Quebec, if it is any indication, it should not make any differences. In fact, the new code give providers still get a two years window for charging penalties for leaving (over the the cost of the phone) wich they don't have in Quebec, and prices didn't rise in Quebec, at least on phone cost. On monthly plan I'm not sure.