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Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (SOR/2010-277)

Regulations are current to 2022-11-16 and last amended on 2021-04-08. Previous Versions

PART 1Rules Applicable to Broadcasting and Telecommunications (continued)

General Rules (continued)

Application (continued)

Marginal note:Posting of application

 The Commision must post on its website all applications that comply with the requirements set out in section 22.

Marginal note:Restrictions

 An 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

Marginal note:Deadline for filing answer

  •  (1) A respondent may file an answer with the Commission within 30 days after the day on which the Commission posts the application on its website.

  • Marginal note:Form and content of answer

    (2) The answer must

    • (a) set out the name, address and email address of the respondent and any designated representative;

    • (b) be divided into parts and consecutively numbered paragraphs;

    • (c) admit or deny the facts alleged in the application;

    • (d) contain a clear and concise statement of the relevant facts, of the grounds of the answer and of the nature of the decision sought;

    • (e) 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;

    • (f) be accompanied by a list of the persons on whom the answer is served and the email address of each, if any; and

    • (g) be served on the applicant, any other respondent and any other persons that the Commission directs.

Intervention

Marginal note:Deadline for intervening

  •  (1) Any 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.

  • Marginal note:Form and content of document

    (2) The document of the interested person must

    • (a) state that the person wishes to be considered as an intervener in the proceeding;

    • (b) set out the name, address and email address of the person and any designated representative;

    • (c) be divided into parts and consecutively numbered paragraphs;

    • (d) admit or deny the facts alleged in the application;

    • (e) clearly state whether the person supports or opposes the application and the nature of the decision sought;

    • (f) 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;

    • (g) state whether the person wishes to participate in any future public hearing in person;

    • (h) state any reasonable accommodation required to enable the person to participate in any future public hearing;

    • (i) 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;

    • (j) be accompanied by a list of the persons on whom the document is served and the email address of each, if any; and

    • (k) be served on the applicant and any other persons that the Commission directs.

Reply

Marginal note:Deadline for filing reply

  •  (1) The 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.

  • Marginal note:Form and content of reply

    (2) The reply must

    • (a) be restricted to the points raised in the answer or the document;

    • (b) admit or deny the facts alleged in the answer or the document;

    • (c) state the grounds of objection or opposition, if any, to points raised in the answer or the document;

    • (d) be accompanied by a list of the persons on whom the reply is served and the email address of each, if any; and

    • (e) be 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

Marginal note:Requirement for information and representations

  •  (1) The Commission may require a party

    • (a) to 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; or

    • (b) to make written or oral representations on any matter related to the proceeding.

  • Marginal note:Authority to represent other person

    (2) The Commission may also require the representative of a person to file with it evidence of their authority to represent the person.

Marginal note:Request for documents

  •  (1) A 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.

  • Marginal note:Filing and service of request

    (2) The requesting party must file its request with the Commission and serve it on the other party.

  • Marginal note:Failure to produce document

    (3) A 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.

  • Marginal note:Electronic version or link

    (4) In 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

Marginal note:Documents public

 In 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.

Marginal note:Designation subject to filing

  •  (1) In 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.

  • Marginal note:Timing of designation

    (2) The party must make the designation at the time that they file the document that contains the information.

Marginal note:Reasons for designation

  •  (1) The 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.

  • Marginal note:Abridged version

    (2) The 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.

Marginal note:Request for disclosure

  •  (1) A 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.

  • Marginal note:Service

    (2) The requesting party must serve the request on the author of the designation.

  • Marginal note:Reply

    (3) The 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.

  • Marginal note:Reply to request from Commission

    (4) If 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.

Marginal note:Disclosure criterion

  •  (1) In 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.

  • Marginal note:Information not admissible in evidence

    (2) If 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

Marginal note:Obligations of applicant

  •  (1) When a public hearing is held in respect of an application, the applicant must

    • (a) no 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; and

    • (b) give 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 out

      • (i) the nature of the matters to be considered,

      • (ii) the deadline for intervening in the proceeding, and

      • (iii) the date and time of the commencement of the hearing.

  • Marginal note:Obligations of licensees and telecommunications service providers

    (2) When 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).

Marginal note:Notice of appearance

  •  (1) No 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.

  • Marginal note:List of persons appearing

    (2) No 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.

Marginal note:Preparatory conference

 The 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 considering

  • (a) the simplification of the issues;

  • (b) the necessity or desirability of amending the application, answer, intervention or reply;

  • (c) 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;

  • (d) the procedure to be followed at the hearing;

  • (e) the mutual exchange by the parties of documents and exhibits that the parties intend to submit at the hearing; and

  • (f) any other matters that might aid in the simplification of the evidence and disposition of the proceedings.

Marginal note:In camera

  •  (1) The 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.

  • Marginal note:Participants

    (2) Only the party, the party’s representatives and the Commission’s representatives may participate in the in camera discussions.

  • Marginal note:Transcript of discussions

    (3) Only the party that participated in the in camera discussions is to be provided with a transcript of the discussions.

Marginal note:Designation of confidential information

  •  (1) Sections31 to 34 apply, to the extent provided, to the designation of information as confidential in the transcript of the in camera discussions.

  • Marginal note:Filing of transcript and abridged version

    (2) In broadcasting and in telecommunications matters, a party must

    • (a) file the transcript and the abridged version with the Commission within the time period established by the Commission; and

    • (b) identify 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.

Marginal note:Order of appearance

 The parties must be heard in the following order at a public hearing:

  • (a) applicants;

  • (b) respondents;

  • (c) interveners; and

  • (d) applicants, in reply.

Marginal note:Evidence

 Only 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.

Marginal note:Administration of oaths

 The Commission may require a person who appears before it to be sworn or affirmed.

Marginal note:Simultaneous sittings

 The Commission may, in relation to one proceeding, hold sittings simultaneously in more than one location.

Marginal note:Format of subpoena

 A subpoena, which the Commission may refuse to issue, must be in the form set out in Schedule 2.

 
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