Telecommunications Act (S.C. 1993, c. 38)

Marginal note:Variation, rescission or referral

• 12 (1) Within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within ninety days after the decision, or on the Governor in Council’s own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it.

• Marginal note:Copy of petition to Commission

  (2) A person who presents a petition to the Governor in Council shall, at the same time, send a copy of the petition to the Commission.

• Marginal note:Copies to other parties

  (3) On receipt of a petition, the Commission shall send a copy of it to each person who made any oral representation to the Commission in relation to the decision that is the subject of the petition.

• Marginal note:Notice of petition

  (4) On receipt of a petition, the Minister shall publish in the Canada Gazette a notice of its receipt indicating where the petition and any petition or submission made in response to it may be inspected and copies of them obtained.

• Marginal note:Order for reference back

  (5) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing

  • (a) shall set out the details of any matter that the Governor in Council considers to be material to the reconsideration; and

  • (b) may specify a date before which the Commission shall complete its reconsideration.

• Marginal note:Reconsideration

  (6) The Commission shall, before any date specified under paragraph (5)(b), reconsider a decision referred back to it under subsection (1) and may confirm, vary or rescind the decision.

• Marginal note:Variation or rescission by Governor in Council

  (7) Where the Commission confirms or varies a decision under subsection (6) or does not complete its reconsideration of the decision before any date specified under paragraph (5)(b), the Governor in Council may, by order, vary or rescind the decision within ninety days after the confirmation or variation of the decision or the specified date, as the case may be.

• Marginal note:Reasons

  (8) In an order made under subsection (1) or (7), the Governor in Council shall set out the reasons for making the order.