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

PART 2Rules Applicable to Complaints and Dispute Resolution

Rules Applicable to Proceedings Initiated by a Complaint

Marginal note:Form and content of complaint

45 A consumer complaint that is not related to an application must

• (a) be filed with the Commission;

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

• (c) set out the name of the person against whom it is made;

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

• (e) state whether the complainant wishes to receive documents related to the complaint in an alternative format.

Marginal note:Application or intervention instead of complaint

46 The 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.

Marginal note:Sending complaint to person against whom complaint is made

47 If the Commission decides to consider a complaint, it must send a copy of the complaint to the person against whom it is made.

Marginal note:Response

48 The 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.

Marginal note:Measures

49 If the Commission is not satisfied with a response, it may take any measures that it considers necessary.

Marginal note:Copy placed on licensee’s file

50 The 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.

Marginal note:Emergency telecommunications complaint

• 51 (1) A complaint seeking relief on an emergency basis in relation to a telecommunications matter may be made orally to a designated employee of the Commission.

• Marginal note:Interim ex parte order

  (2) If 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

Marginal note:Requirements to be followed

52 An 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.

PART 3Rules Applicable to Certain Broadcasting Applications

Application for Issuance of Licence or for Approval of Transfer of Ownership or Change in Control

Marginal note:Notice of consultation

• 53 (1) The 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.

• Marginal note:Service not required

  (2) Paragraph 22(1)(b) does not apply to such an application.

Marginal note:Application considered an intervention

54 If 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.

Marginal note:Order of replies at public hearing

55 If 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

Marginal note:Licensee considered applicant

56 In 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.

Marginal note:Licensee must be heard

57 No 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.

PART 4Rules Applicable to Certain Telecommunications Applications

Application for Review of Canadian Ownership and Control

Marginal note:Procedural requirements

• 58 (1) An 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.

• Marginal note:Non-application of certain provisions

  (2) Paragraph 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

Marginal note:Procedural requirements

• 59 (1) An 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.

• Marginal note:Non-application of certain provisions

  (2) Paragraph 22(1)(b) and sections 23 and 25 do not apply to such an application.

Application to Award Costs

Interim Costs

Marginal note:Application for interim costs

60 A 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.

Marginal note:Content of application

• 61 (1) In the application, the party must

  • (a) demonstrate that they

    • (i) have, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,

    • (ii) can assist the Commission in developing a better understanding of the matters to be considered, and

    • (iii) do not have sufficient financial resources to participate effectively in the proceeding;

  • (b) undertake to participate in the proceeding in a responsible way;

  • (c) indicate the amount of costs requested, with receipts or detailed estimates; and

  • (d) identify the respondents that should pay the costs.

• Marginal note:Service

  (2) The party must serve the application on all other parties.

Marginal note:Answer

62 The 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.

Marginal note:Criteria for awarding interim costs

63 The Commission must determine whether to award interim costs and the amount that is to be awarded on the basis of the following criteria:

• (a) 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;

• (b) the extent to which the applicant can assist the Commission in developing a better understanding of the matters to be considered;

• (c) whether the applicant has sufficient financial resources to participate effectively in the proceeding; and

• (d) whether the applicant undertook to participate in the proceeding in a responsible way.

Marginal note:Application for final costs

64 A party that has been awarded interim costs is required to file an application for final costs with the Commission.

Final Costs

Marginal note:Deadline for filing application for final costs

65 An 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.

Marginal note:Content of application for final costs

• 66 (1) In the application, the applicant must

  • (a) demonstrate that they

    • (i) have, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,

    • (ii) assisted the Commission in developing a better understanding of the matters that were considered, and

    • (iii) participated in the proceeding in a responsible way;

  • (b) identify the respondents that should pay the costs; and

  • (c) if 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.

• Marginal note:Documents to be attached

  (2) The 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.

• Marginal note:Service

  (3) The applicant must serve the application on all other parties.

Marginal note:Answer

67 The 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.

Marginal note:Criteria for awarding final costs

68 The 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:

• (a) 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;

• (b) the extent to which the applicant assisted the Commission in developing a better understanding of the matters that were considered; and

• (c) whether the applicant participated in the proceeding in a responsible way.

Marginal note:Taxing officer

69 If the Commission appoints a taxing officer, it must set out the procedure to be followed by the officer.

Fixing and Taxing of Costs

Marginal note:Criteria for fixing and taxing costs

• 70 (1) In 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.

• Marginal note:Limit

  (2) The 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

Marginal note:Deadline for filing application to review, rescind or vary a decision

• 71 (1) An 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.

• Marginal note:Extension of deadline

  (2) The Commission may extend that deadline if it is of the opinion that it is just and equitable to do so.

Request for Information

Marginal note:Request for information

72 If 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.

Marginal note:Filing and service

73 The 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.

Marginal note:Response to request

• 74 (1) A party that is served with a request must

  • (a) respond fully and adequately to each interrogatory; or

  • (b) if 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.

• Marginal note:Filing and service

  (2) The 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.

Marginal note:Request for further response

• 75 (1) A 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.

• Marginal note:Content of request

  (2) The requesting party must specify why a further response is necessary.

• Marginal note:Filing and service

  (3) The 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.

Marginal note:Response

• 76 (1) A party that is served with a request for a further response must

  • (a) respond fully and adequately to each interrogatory; or

  • (b) if 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.

• Marginal note:Filing and service

  (2) The 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.