Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
Whereas, pursuant to subsections 10(3) of the Broadcasting ActFootnote a and 69(1) of the Telecommunications ActFootnote b, 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;
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to sections 10 and 21 of the Broadcasting ActFootnote a and sections 57 and 67 of the Telecommunications ActFootnote b, hereby makes the annexed Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure.
Gatineau, Quebec, November 26, 2010
1 The 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)
2 (1) Except 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.
(2) These 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
Marginal note:How matters are brought before Commission
3 A 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.
PART 1Rules Applicable to Broadcasting and Telecommunications
4 Sections 30 to 32, subsection 33(4) and section34 apply to a proceeding arising from an application listed in Schedule 1.
Powers of the Commission
Marginal note:Power to act
5 (1) The Commission may exercise any of its powers under these Rules at the request of a party or interested person or on its own initiative.
Marginal note:Matters not provided for
(2) The 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.
Marginal note:Information bulletins
6 The Commission may issue information bulletins regarding matters within its jurisdiction, including
(a) the application of these Rules and the Commission’s regulatory policies and decisions; and
(b) the 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.
Marginal note:Dispensing with or varying Rules
7 If the Commission is of the opinion that considerations of public interest or fairness permit, it may dispense with or vary these Rules.
Marginal note:Return of application or complaint
8 If 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.
Marginal note:Defect in form
9 The Commission must not dismiss an application or complaint by reason solely of a defect in form.
Marginal note:Other powers
10 The Commission may
(a) if it is of the opinion that the circumstances or considerations of fairness permit, adjourn a proceeding;
(b) if it is of the opinion that the circumstances or considerations of fairness permit, combine two or more proceedings;
(c) decide whether to admit a document as evidence;
(d) 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;
(e) provide an opportunity for the parties to make written or oral representations; and
(f) in the event of a reference to the Federal Court, stay the whole or any part of a proceeding pending the decision of the Court.
11 In 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.
Marginal note:Computation of time
12 (1) Sections 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 that
(a) Saturday is considered to be a holiday;
(b) a time period for the filing of a document with the Commission ends at 5:00 p.m., Vancouver time; and
(c) the 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.
Marginal note:Calendar days
(2) A time period is computed in calendar days.
Filing and Service of Documents
Marginal note:Filing of documents
13 (1) A document must be filed with the Commission
(a) in 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; and
(b) in 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.
Marginal note:Filing at public hearing
(2) When 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.
Marginal note:Record of transmission
(3) If 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.
Marginal note:Alternative format
14 (1) A 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.
Marginal note:Response to request
(2) Within 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 representative
(a) the document in the specified alternative format or in an alternative format that was agreed to by the person or representative; or
(b) the reasons why the party cannot file the document in an alternative format.
(3) Within 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.
Marginal note:Request of Commission
(4) Failing 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.
Marginal note:Filing day
15 (1) A document is filed with the Commission
(a) if it is delivered by hand, on the day on which it is delivered; or
(b) if it is sent by mail or electronic means, on the day on which it is received by the Office of the Secretary General.
(2) A document received on a holiday is considered to be received on the next business day.
Marginal note:Verification of documents
16 (1) The 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.
Marginal note:Grounds of belief
(2) If an affidavit is made as to belief, the grounds on which the belief is based must be set out in the affidavit.
Marginal note:Deadline for service
17 A 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.
Marginal note:Service of documents
18 A document must be served on a person
(a) by delivering a copy of the document by hand
(i) to the person, or
(ii) if the person is a partnership, body corporate or unincorporated organization, to a partner, officer or director, or to their designated representative;
(b) by sending a copy of the document by mail to the last known address of the person or their designated representative; or
(c) by 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.
Marginal note:Service day
19 Service of a document is effected
(a) if it is delivered by hand, on the day on which it is delivered; or
(b) if it is sent by mail or electronic means, on the day on which it is received.
Marginal note:Proof of service
20 (1) At the Commission’s request, proof of service, or, if there is none, an affidavit in lieu of proof, must be filed with the Commission.
Marginal note:Content of proof
(2) Proof of service or an affidavit must include or be accompanied by the following information:
(a) the name, address, telephone number and email address of the person that served the document;
(b) 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; and
(c) if 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
Marginal note:Notice of consultation
21 (1) If a matter is brought before the Commission on the Commission’s own initiative, the Commission must post a notice of consultation on its website.
Marginal note:Content of notice
(2) The notice must set out
(a) the nature of the matters to be considered and the deadline for intervening in the proceeding;
(b) any deadline for filing a reply with the Commission;
(c) 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; and
Note : 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.
(d) 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.
Marginal note:Filing and service of application
22 (1) An application must be
(a) filed with the Commission;
(b) served on any respondent and any other persons that the Commission directs; and
(c) accompanied by a list of the persons on whom the application is served and the email address of each, if any.
Marginal note:Form and content of application
(2) An 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 must
(a) set out the name, address and email address of the applicant and any designated representative;
(b) 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;
(c) be divided into parts and consecutively numbered paragraphs;
(d) identify the statutory or regulatory provisions under which the application is made;
(e) contain a clear and concise statement of the relevant facts, of the grounds of the application and of the nature of the decision sought;
(f) set out any amendments or additions to these Rules proposed by the applicant; and
(g) include 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.
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