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BROADCASTING ACTTELECOMMUNICATIONS ACTCanadian Radio-television and Telecommunications Commission Rules of Practice and ProcedureWhereas, pursuant to subsections 10(3) of the Broadcasting Acta and 69(1) of the Telecommunications Actb, a copy of the proposed Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 31, 2010, and a reasonable opportunity was thereby given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Rules;S.C. 1991, c. 11S.C. 1993, c. 38Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to sections 10 and 21 of the Broadcasting Acta and sections 57 and 67 of the Telecommunications Actb, hereby makes the annexed Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure.Gatineau, Quebec, November 26, 2010JENNIFER WILSONActing Secretary GeneralCanadian Radio-television and Telecommunications CommissionDefinitions
DefinitionsThe following definitions apply in these Rules.document has the meaning assigned by the definition record in section 3 of the Access to Information Act. (document)party means an applicant, respondent or intervener. (partie)person has the same meaning as in subsection 2(1) of the Telecommunications Act. (personne)respondent means a person that is adverse in interest to an applicant. (intimé)
Application
ApplicationExcept if they provide otherwise, these Rules apply to all proceedings before the Commission other than a proceeding arising from an application listed in Schedule 1 or from a contravention of a prohibition or requirement of the Commission for which a person is liable to an administrative monetary penalty under any of sections 72.001 to 72.19 of the Telecommunications Act, unless the penalty is imposed in the course of a proceeding referred to in section 72.003 of that Act.Non-applicationThese Rules do not apply to proceedings before the Commission under sections 6 to 46 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.SOR/2015-215, s. 1
Matters Before the Commission
How matters are brought before CommissionA matter may be brought before the Commission by an application or complaint or on the Commission’s own initiative.Note: Under section 12 of the Telecommunications Act, the Governor in Council may refer back to the Commission for reconsideration a decision by the Commission, and under section 14, it may require the Commission to make a report on any matter within the Commission’s jurisdiction under that Act or any special Act. Under section 15 of the Broadcasting Act, the Governor in Council may request the Commission to hold hearings or make reports on any matter within the jurisdiction of the Commission under that Act, and under section 28, the Governor in Council may refer back to the Commission for reconsideration and hearing of the matter a decision by the Commission to issue, amend or renew a licence.
Rules Applicable to Broadcasting and TelecommunicationsApplication
ApplicationSections 30 to 32, subsection 33(4) and section34 apply to a proceeding arising from an application listed in Schedule 1.
General RulesPowers of the Commission
Power to actThe Commission may exercise any of its powers under these Rules at the request of a party or interested person or on its own initiative.Matters not provided forThe Commission may provide for any matter of practice and procedure not provided for in these Rules by analogy to these Rules or by reference to the Federal Courts Rules and the rules of other tribunals to which the subject matter of the proceeding most closely relates.
Information bulletinsThe Commission may issue information bulletins regarding matters within its jurisdiction, includingthe application of these Rules and the Commission’s regulatory policies and decisions; andthe format and numbering of documents to be filed with the Commission, the software to be used to file them and the procedure for their filing.
Dispensing with or varying RulesIf the Commission is of the opinion that considerations of public interest or fairness permit, it may dispense with or vary these Rules.
Return of application or complaintIf an application or complaint does not comply with a requirement of these Rules, the Commission may return the application or the complaint to the applicant or the complainant so that the deficiencies may be remedied or it may close the file.
Defect in formThe Commission must not dismiss an application or complaint by reason solely of a defect in form.
Other powersThe Commission mayif it is of the opinion that the circumstances or considerations of fairness permit, adjourn a proceeding;if it is of the opinion that the circumstances or considerations of fairness permit, combine two or more proceedings;decide whether to admit a document as evidence;order to be amended or struck out a document or part of a document that, in its opinion, might prejudice a party or delay the hearing of the matter on the merits;provide an opportunity for the parties to make written or oral representations; andin the event of a reference to the Federal Court, stay the whole or any part of a proceeding pending the decision of the Court.
ReliefIn broadcasting matters, the Commission may approve the whole or any part of an application or grant any relief in addition to or in substitution for the relief applied for.Note: Section 60 of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.
Time
Computation of timeSections 26 to 29 of the Interpretation Act apply to the computation of a time period set out in these Rules or a decision, notice of consultation, regulatory policy or information bulletin, except thatSaturday is considered to be a holiday;a time period for the filing of a document with the Commission ends at 5:00 p.m., Vancouver time; andthe period beginning on December 21 in one year and ending on January 7 in the following year must not be included in the computation of a time period.Calendar daysA time period is computed in calendar days.
Filing and Service of Documents
Filing of documentsA document must be filed with the Commissionin the case of an application, by sending the document to the Office of the Secretary General by any electronic means that permits its intelligible reception, as set out in Broadcasting and Telecom Information Bulletin CRTC 2010-453, as amended from time to time; andin the case of any other document, by delivering it by hand to the Office of the Secretary General, or sending it to the Office by mail or any electronic means that permits its intelligible reception.Filing at public hearingWhen a public hearing of the Commission is in progress, a document may also be filed with the Commission by delivering the document by hand to the secretary of the hearing.Record of transmissionIf a document is sent by electronic means, the sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed.
Alternative formatA person with a disability or their designated representative may request that a party whose document has been posted on the Commission’s website file the document with the Commission in the alternative format specified by the person or representative. The request must be served on the party within five days after the day on which the document was posted.Response to requestWithin five days after the day on which a party was served with the request, the party must file with the Commission and serve on the person or representativethe document in the specified alternative format or in an alternative format that was agreed to by the person or representative; orthe reasons why the party cannot file the document in an alternative format.ReplyWithin five days after the day on which the person or representative was served with the document or the reasons, they may file a reply with the Commission.Request of CommissionFailing an agreement between the person or representative and the party, the Commission may request the party to file the document with the Commission in the alternative format specified by the Commission and serve it on the person or representative.
Filing dayA document is filed with the Commissionif it is delivered by hand, on the day on which it is delivered; orif it is sent by mail or electronic means, on the day on which it is received by the Office of the Secretary General.HolidayA document received on a holiday is considered to be received on the next business day.
Verification of documentsThe Commission may order a person that has filed a document with it to verify its content by affidavit and, in case of refusal, may strike out the document.Grounds of beliefIf an affidavit is made as to belief, the grounds on which the belief is based must be set out in the affidavit.
Deadline for serviceA document that is required to be served must be served, along with the documents that accompany it, on or before the day on which it is filed with the Commission.
Service of documentsA document must be served on a personby delivering a copy of the document by handto the person, orif the person is a partnership, body corporate or unincorporated organization, to a partner, officer or director, or to their designated representative;by sending a copy of the document by mail to the last known address of the person or their designated representative; orby sending the document by any electronic means that permits its intelligible reception to the person or their designated representative, in which case the sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed with the Commission.
Service dayService of a document is effectedif it is delivered by hand, on the day on which it is delivered; orif it is sent by mail or electronic means, on the day on which it is received.
Proof of serviceAt the Commission’s request, proof of service, or, if there is none, an affidavit in lieu of proof, must be filed with the Commission.Content of proofProof of service or an affidavit must include or be accompanied by the following information:the name, address, telephone number and email address of the person that served the document;the day on which the document was delivered by hand or sent by mail or electronic means and, if it was sent by electronic means, the date and time it was sent and received; andif the document was served by facsimile, the total number of pages transmitted including the cover page, the facsimile number from which it was sent and the name of the person that sent it.
Notice of Consultation
Notice of consultationIf a matter is brought before the Commission on the Commission’s own initiative, the Commission must post a notice of consultation on its website.Content of noticeThe notice must set outthe nature of the matters to be considered and the deadline for intervening in the proceeding;any deadline for filing a reply with the Commission;if the Commission will request any parties to appear before it, the date and time of the commencement of the public hearing and the place of the hearing, which in telecommunications matters is fixed by the Chairperson of the Commission; andNote : Subsection 18(4) of the Broadcasting Act grants the Chairperson of the Commission the power to designate the place of a public hearing in relation to broadcasting matters.in telecommunications matters, any permission granted by the Commission for a party to make a request for information from another party and the deadlines referred to in sections 73 to 76.
Application
Filing and service of applicationAn application must befiled with the Commission;served on any respondent and any other persons that the Commission directs; andaccompanied by a list of the persons on whom the application is served and the email address of each, if any.Form and content of applicationAn application must be made using the appropriate form listed in Broadcasting and Telecom Information Bulletin CRTC 2010-453, as amended from time to time. If none of the forms listed in the Bulletin is appropriate, the application mustset out the name, address and email address of the applicant and any designated representative;set out the applicant’s website address or, if the application is not posted on their website, the email address where an electronic copy of the application may be requested;be divided into parts and consecutively numbered paragraphs;identify the statutory or regulatory provisions under which the application is made;contain a clear and concise statement of the relevant facts, of the grounds of the application and of the nature of the decision sought;set out any amendments or additions to these Rules proposed by the applicant; andinclude any other information that might inform the Commission as to the nature, purpose and scope of the application, and be accompanied by any supporting documents.
Posting of applicationThe Commision must post on its website all applications that comply with the requirements set out in section 22.
RestrictionsAn applicant must not amend an application or file any supplementary documents related to the application with the Commission after the application has been posted on the Commission’s website.
Answer to Application
Deadline for filing answerA respondent may file an answer with the Commission within 30 days after the day on which the Commission posts the application on its website.Form and content of answerThe answer mustset out the name, address and email address of the respondent and any designated representative;be divided into parts and consecutively numbered paragraphs;admit or deny the facts alleged in the application;contain a clear and concise statement of the relevant facts, of the grounds of the answer and of the nature of the decision sought;include any other information that might inform the Commission as to the nature, purpose and scope of the answer, and be accompanied by any supporting documents;be accompanied by a list of the persons on whom the answer is served and the email address of each, if any; andbe served on the applicant, any other respondent and any other persons that the Commission directs.
Intervention
Deadline for interveningAny interested person may intervene in a proceeding in writing within 30 days after the day on which the application is posted on the Commission’s website or, if a notice of consultation is posted by the Commission on its website, within the time period set out in the notice.Form and content of documentThe document of the interested person muststate that the person wishes to be considered as an intervener in the proceeding;set out the name, address and email address of the person and any designated representative;be divided into parts and consecutively numbered paragraphs;admit or deny the facts alleged in the application;clearly state whether the person supports or opposes the application and the nature of the decision sought;contain a clear and concise statement of the relevant facts and of the grounds for the person’s support for or opposition to the application and the reasons for the decision sought;state whether the person wishes to participate in any future public hearing in person;state any reasonable accommodation required to enable the person to participate in any future public hearing;include any other information that might inform the Commission as to the nature, purpose and scope of the intervention, and be accompanied by any supporting documents;be accompanied by a list of the persons on whom the document is served and the email address of each, if any; andbe served on the applicant and any other persons that the Commission directs.
Reply
Deadline for filing replyThe applicant may file a reply to an answer or to the document of an intervener with the Commission within 10 days after the deadline for the filing of the answer or the deadline for intervening in the proceeding, as the case may be, or, if a notice of consultation is posted by the Commission on its website, within the time period set out in the notice.Form and content of replyThe reply mustbe restricted to the points raised in the answer or the document;admit or deny the facts alleged in the answer or the document;state the grounds of objection or opposition, if any, to points raised in the answer or the document;be accompanied by a list of the persons on whom the reply is served and the email address of each, if any; andbe served on the respondents and the interveners to whom the applicant is replying and any other persons that the Commission directs.
Request for Information or Documents
Requirement for information and representationsThe Commission may require a partyto provide information, particulars or documents that it considers necessary to enable the Commission to reach a full and satisfactory understanding of the subject matter of the proceeding; orto make written or oral representations on any matter related to the proceeding.Authority to represent other personThe Commission may also require the representative of a person to file with it evidence of their authority to represent the person.
Request for documentsA party may request in writing that any other party produce for the requesting party’s inspection a copy of any document that has been referred to in a document that the other party has filed with the Commission and permit the requesting party to make copies of it.Filing and service of requestThe requesting party must file its request with the Commission and serve it on the other party.Failure to produce documentA party that fails to produce a copy of the document within 10 days after the day on which the request is filed must not rely on the document.Electronic version or linkIn order to comply with the request, the party may produce an electronic version of the document or provide an electronic link to the document, where it may be accessed free of charge.
Confidential Information
Documents publicIn broadcasting matters, the Commission must make available for public inspection any information submitted to the Commission in the course of proceedings before it to the extent that the information is not designated as confidential.Note: Section 38 of the Telecommunications Act provides for the same rule in relation to telecommunications matters.
Designation subject to filingIn broadcasting matters, a party may designate information referred to in paragraphs 39(1)(a) to (c) of the Telecommunications Act as confidential if they file it with the Commission.Note: Subsection 39(1) of the Telecommunications Act provides for the same rule in relation to telecommunications matters.Timing of designationThe party must make the designation at the time that they file the document that contains the information.
Reasons for designationThe party that designates information as confidential must provide reasons, as well as any supporting documents, why the disclosure of the information would not be in the public interest, including why the specific direct harm that would be likely to result from the disclosure would outweigh the public interest.Abridged versionThe party must either file with the Commission an abridged version, intended to be made available to the public, of the document that contains the information or provide reasons, as well as any supporting documents, why an abridged version cannot be filed.
Request for disclosureA party that files a request with the Commission for the disclosure of information that has been designated as confidential must provide reasons, as well as any supporting documents, why the disclosure would be in the public interest, including how the information is relevant to the Commission’s regulatory responsibilities.ServiceThe requesting party must serve the request on the author of the designation.ReplyThe author of the designation may file a reply with the Commission within 10 days after the day on which the request is filed, and must serve the reply on the requesting party.Reply to request from CommissionIf the Commission requests disclosure of the information, the author of the designation may file a reply with the Commission within 10 days after the day on which they receive the request.
Disclosure criterionIn broadcasting matters, the Commission may disclose or require the disclosure of information designated as confidential if it is of the opinion that the disclosure is in the public interest.Note: Subsection 39(4) of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.Information not admissible in evidenceIf the author of the designation is an applicant and confirms the designation, the Commission must not disclose or require the disclosure of the information and the information is not admissible in evidence.
Rules Applicable to Public Hearings
Obligations of applicantWhen a public hearing is held in respect of an application, the applicant mustno later than five days after the day on which the Commission posts the notice of consultation on its website, post the notice or an electronic link to it on a page of their own website that is accessible from the homepage of the website and keep it posted until the deadline for intervening in the proceeding; andgive notice of the notice of consultation in any manner that the Commission directs, including through broadcast over the applicant’s facilities or by service to any person that the Commission directs, which notice must set outthe nature of the matters to be considered,the deadline for intervening in the proceeding, andthe date and time of the commencement of the hearing.Obligations of licensees and telecommunications service providersWhen a public hearing is held in respect of a regulatory policy, the Commission must determine, if it is in the public interest to do so, which licensees and telecommunications service providers must fulfill the obligations set out in subsection (1).
Notice of appearanceNo later than 10 days before the date of the commencement of the public hearing, the Commission must notify in writing any party that the Commission requests to appear before it in person or by videoconference.List of persons appearingNo later than seven days before the date of the commencement of the public hearing, the party must file with the Commission a list of the persons who will represent or accompany the party.
Preparatory conferenceThe Commission may request the parties to appear prior to a public hearing before one of its members, as defined in section 2 of the Canadian Radio-television and Telecommunications Commission Act, or any other person designated by the Commission, on a day and at a time and place specified by the Commission, for the purpose of formulating the issues and consideringthe simplification of the issues;the necessity or desirability of amending the application, answer, intervention or reply;the making of admissions of certain facts, the proof of certain facts by affidavit or the use by a party of matters of public record;the procedure to be followed at the hearing;the mutual exchange by the parties of documents and exhibits that the parties intend to submit at the hearing; andany other matters that might aid in the simplification of the evidence and disposition of the proceedings.
In cameraThe Commission may, at the request of a party or on its own initiative, order a public hearing to be held in whole or in part in camera to discuss information that the party has designated, or may wish to designate, as confidential under subsection 39(1) of the Telecommunications Act or section 31.ParticipantsOnly the party, the party’s representatives and the Commission’s representatives may participate in the in camera discussions.Transcript of discussionsOnly the party that participated in the in camera discussions is to be provided with a transcript of the discussions.
Designation of confidential informationSections31 to 34 apply, to the extent provided, to the designation of information as confidential in the transcript of the in camera discussions.Filing of transcript and abridged versionIn broadcasting and in telecommunications matters, a party mustfile the transcript and the abridged version with the Commission within the time period established by the Commission; andidentify any information contained in the transcript that they have already designated as confidential in another document and, separately or distinctively, identify other information contained in the transcript that they are designating as confidential.
Order of appearanceThe parties must be heard in the following order at a public hearing:applicants;respondents;interveners; andapplicants, in reply.
EvidenceOnly evidence submitted in support of statements contained in an application, answer, intervention or reply, or in documents or supporting material filed with the Commission, is admissible at a public hearing.
Administration of oathsThe Commission may require a person who appears before it to be sworn or affirmed.
Simultaneous sittingsThe Commission may, in relation to one proceeding, hold sittings simultaneously in more than one location.
Format of subpoenaA subpoena, which the Commission may refuse to issue, must be in the form set out in Schedule 2.
Rules Applicable to Complaints and Dispute ResolutionRules Applicable to Proceedings Initiated by a Complaint
Form and content of complaintA consumer complaint that is not related to an application mustbe filed with the Commission;set out the name and address of the complainant and any designated representative and the email address of each, if any;set out the name of the person against whom it is made;contain a clear and concise statement of the relevant facts, the grounds of the complaint and the nature of the decision sought; andstate whether the complainant wishes to receive documents related to the complaint in an alternative format.
Application or intervention instead of complaintThe Commission may, if it considers it just and expedient to do so, require a complainant to file their complaint as an application or to intervene in any proceeding relating to the matter raised by the complaint.
Sending complaint to person against whom complaint is madeIf the Commission decides to consider a complaint, it must send a copy of the complaint to the person against whom it is made.
ResponseThe person against whom a complaint is made may file a response with the Commission within 20 days after the day on which they receive a copy of the complaint and they must serve the response on the complainant.
MeasuresIf the Commission is not satisfied with a response, it may take any measures that it considers necessary.
Copy placed on licensee’s fileThe Commission may place a copy of a complaint against a licensee and the licensee’s response on the licensee’s file to be considered at the time of their licence renewal.
Emergency telecommunications complaintA complaint seeking relief on an emergency basis in relation to a telecommunications matter may be made orally to a designated employee of the Commission.Interim ex parte orderIf an interim settlement cannot be reached, the Commission may issue an interim ex parte order, in which case the complainant must file their complaint in writing with the Commission within five days after the day on which the order is issued.
Alternative Dispute Resolution Processes
Requirements to be followedAn application for the resolution of a matter under an alternative dispute resolution process must be made in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2019-184, dated May 29, 2019.SOR/2015-92, s. 1SOR/2021-75, s. 1
Rules Applicable to Certain Broadcasting ApplicationsApplication for Issuance of Licence or for Approval of Transfer of Ownership or Change in ControlSOR/2015-215, s. 2
Notice of consultationThe Commission must post on its website a notice of consultation in relation to any application made to the Commission for the issuance of a licence under subsection 9(1) of the Broadcasting Act or for the approval of the transfer of ownership or the change in control of a broadcasting undertaking and must provide in the notice an electronic link to the application.Service not requiredParagraph 22(1)(b) does not apply to such an application.SOR/2015-215, s. 3
Application considered an interventionIf two or more applications for the issuance of a licence are made in respect of the same area or locality and it is reasonable to believe that not all applications will be approved, each application is considered to be an intervention in respect of the others but sections 26 and 27 do not apply.
Order of replies at public hearingIf a public hearing relates to two or more applications for the issuance of a licence made in respect of the same area or locality and it is reasonable to believe that not all applications will be approved, the applicants must reply in the reverse order to that in which they were heard.
Proceeding Under Section 12 of Broadcasting Act
Licensee considered applicantIn a proceeding initiated by the Commission’s decision to inquire into, hear and determine a matter under section 12 of the Broadcasting Act, the licensee is considered to be an applicant for the purposes of sections 27, 35 and 40.
Licensee must be heardNo later than 15 days before the day on which the deadline for intervening in the proceeding expires, the Commission must allow the licensee to review the documents relied on by the Commission in its decision to review the matter, and to provide comments and file supporting documents with the Commission.
Rules Applicable to Certain Telecommunications ApplicationsApplication for Review of Canadian Ownership and Control
Procedural requirementsAn application to the Commission for the review of Canadian ownership and control under section 16 of the Telecommunications Act is subject to the procedural requirements established by the Commission in Telecom Regulatory Policy CRTC 2009-428, as amended from time to time.Non-application of certain provisionsParagraph 22(1)(b) and sections 23 and 25 do not apply to such an application.
Application to Approve or Amend Tariffs or to Approve an Agreement Between Carriers
Procedural requirementsAn application to the Commission for the approval of a new or amended tariff under section 25 of the Telecommunications Act or for the approval of an agreement between carriers referred to in section 29 of that Act is subject to the procedural requirements established by the Commission in Telecom Information Bulletin CRTC 2010-455, as amended from time to time.Non-application of certain provisionsParagraph 22(1)(b) and sections 23 and 25 do not apply to such an application.
Application to Award CostsInterim Costs
Application for interim costsA party that considers that they do not have sufficient financial resources to participate effectively in a proceeding may file an application with the Commission for interim costs to be awarded under section 56 of the Telecommunications Act.
Content of applicationIn the application, the party mustdemonstrate that theyhave, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,can assist the Commission in developing a better understanding of the matters to be considered, anddo not have sufficient financial resources to participate effectively in the proceeding;undertake to participate in the proceeding in a responsible way;indicate the amount of costs requested, with receipts or detailed estimates; andidentify the respondents that should pay the costs.ServiceThe party must serve the application on all other parties.
AnswerThe other parties may file an answer with the Commission within 10 days after the day on which the application for interim costs is filed and they must serve their answer on all parties.
Criteria for awarding interim costsThe Commission must determine whether to award interim costs and the amount that is to be awarded on the basis of the following criteria:whether the applicant has, or is the representative of a group or a class of subscribers that has, an interest in the outcome of the proceeding;the extent to which the applicant can assist the Commission in developing a better understanding of the matters to be considered;whether the applicant has sufficient financial resources to participate effectively in the proceeding; andwhether the applicant undertook to participate in the proceeding in a responsible way.
Application for final costsA party that has been awarded interim costs is required to file an application for final costs with the Commission.
Final Costs
Deadline for filing application for final costsAn application for final costs must be filed no later than 30 days after the day fixed by the Commission for the filing of final representations with it.
Content of application for final costsIn the application, the applicant mustdemonstrate that theyhave, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,assisted the Commission in developing a better understanding of the matters that were considered, andparticipated in the proceeding in a responsible way;identify the respondents that should pay the costs; andif interim costs were awarded to them, provide an explanation of any difference between those interim costs and the final costs for which they are applying.Documents to be attachedThe applicant must attach to the application the appropriate taxation forms listed in Broadcasting and Telecom Information Bulletin CRTC 2010-453, as amended from time to time.ServiceThe applicant must serve the application on all other parties.
AnswerThe other parties may file an answer with the Commission within 10 days after the day on which the application for final costs is filed and they must serve their answer on all parties.
Criteria for awarding final costsThe Commission must determine whether to award final costs and the maximum percentage of costs that is to be awarded on the basis of the following criteria:whether the applicant had, or was the representative of a group or a class of subscribers that had, an interest in the outcome of the proceeding;the extent to which the applicant assisted the Commission in developing a better understanding of the matters that were considered; andwhether the applicant participated in the proceeding in a responsible way.
Taxing officerIf the Commission appoints a taxing officer, it must set out the procedure to be followed by the officer.
Fixing and Taxing of Costs
Criteria for fixing and taxing costsIn fixing costs or taxing final costs, the Commission or the taxing officer, as the case may be, must take into consideration any financial assistance received by the applicant from all sources for the purpose of participating in Commission proceedings under the Telecommunications Act.LimitThe total amount of the costs must not exceed the total amount of costs necessarily and reasonably incurred by the applicant or the costs set out in the scale of costs established by the Commission under subsection 56(2) of the Telecommunications Act.
Application to Review, Rescind or Vary a Decision of the Commission
Deadline for filing application to review, rescind or vary a decisionAn application to review, rescind or vary a decision of the Commission under section 62 of the Telecommunications Act must be filed with the Commission within 90 days after the date of the decision.Extension of deadlineThe Commission may extend that deadline if it is of the opinion that it is just and equitable to do so.
Request for Information
Request for informationIf the Commission is of the opinion that it is in the public interest to permit requests for information from one party to another, it may give that permission in the notice of consultation.
Filing and serviceThe requesting party must file a request for information with the Commission on or before the deadline established by the Commission in the notice of consultation and they must serve the request on the party to whom it is addressed.
Response to requestA party that is served with a request mustrespond fully and adequately to each interrogatory; orif the party contends that an interrogatory is not relevant or that the information necessary to respond is not available, set out the reasons in support of that contention and, in the case of the unavailability of the information, provide any available information that they consider might be of assistance to the requesting party.Filing and serviceThe responding party must file a response with the Commission on or before the deadline established by the Commission in the notice of consultation and they must serve the response on all parties.
Request for further responseA requesting party may, with the Commission’s approval, request a further response to an interrogatory from the party to whom the initial interrogatory was addressed.Content of requestThe requesting party must specify why a further response is necessary.Filing and serviceThe requesting party must file the further request with the Commission on or before the deadline established by the Commission and they must serve the request on the party to whom it is addressed.
ResponseA party that is served with a request for a further response mustrespond fully and adequately to each interrogatory; orif the party contends that the request for a further response is not relevant or that the information necessary to respond is not available, set out the reasons in support of that contention and, in the case of the unavailability of the information, provide any available information that they consider might be of assistance to the party requesting the further response.Filing and serviceThe responding party must file a response with the Commission on or before the deadline established by the Commission and they must serve the response on the requesting party.
Transitional Provision, Repeals and Coming into ForceTransitional Provision
ApplicationThese Rules apply to matters that are brought before the Commission before the coming into force of these Rules.
Repeals
[Repeal]
[Repeal]
Coming into Force
April 1, 2011These Rules come into force on April 1, 2011.
(Sections 2 and 4)Broadcasting Applications That Give Rise to a Proceeding to Which the Rules Do Not ApplyThe following applications, if they do not raise any concerns with respect to Commission policies or regulations or conditions of licence:Application for the extension of a deadline for the implementation of an authority to provide a new service.Application for the extension of a deadline for the filing of documentation or other information in response to a requirement made by the Commission in a decision.Application for changes to the authorized contours of over-the-air programming undertakings in cases where the revised contours do not enter a new market and the proposal will not result in a change of the operating class of a low-power station.Application for changes to the authorized areas of licensed broadcasting distribution undertakings.Application for amendments to conditions of licence to implement a regulatory policy of the Commission or to incorporate a standard condition.Application by a licensee for revocation of the licensee’s licence.Share transfer application referred to in paragraph 9. of Broadcasting Circular CRTC 2008-8, dated November 21, 2008.(Section 44)The Canadian Radio-television and Telecommunications CommissionRe:To:You are required to attend before the Canadian Radio-television and Telecommunications Commission at a public hearing to be held aton the day of 20, at , and so on from day to day until the hearing is concluded, to give evidence on oath with respect to the matters in question in the proceeding and to produce on the date and at the time and place (set out, in detail, the documents to be produced)Dated at this day of 20Corporate Seal of the Canadian Radio‑television and Telecommunications CommissionTHE CANADIAN RADIO‑TELEVISION AND TELECOMMUNICATIONS COMMISSIONby:Secretary General
SOR/2021-752021-04-08