Redetermination on Commission's Own Initiative
31. (1) This rule and rule 32 apply in respect of a redetermination by the Commission, on its own initiative, of any decision or order or term or condition of a licence, under subsection 43(3) of the Act.
(2) Where the Commission proposes to make a redetermination referred to in subrule (1), the Commission shall send a notice of redetermination to those persons who were participants in the matter being redetermined.
(3) The notice of redetermination shall include the following information:
(a) the basis for the proposed redetermination;
(b) a statement of the powers that the Commission might exercise under subsection 43(4) of the Act;
(c) a statement of whether the Commission intends to redetermine the matter by way of public hearing or written submissions or by another manner that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner;
(d) a description of the manner in which a party and any other person participating may present information, evidence and submissions to the Commission;
(e) the date, place and time limits for giving or presenting information and written submissions; and
(f) the names and addresses of the persons to whom copies of the information and written submissions must be sent.
32. The Commission shall give notice of its decision in respect of the matter that has been the subject of an appeal or rehearing and redetermination by sending a copy of the decision to the parties and any other person who intervened in the proceedings.
ORDERS OF INSPECTORS AND DESIGNATED OFFICERS
Making of Orders
33. (1) Before making an order under section 35 or paragraph 37(2)(f) of the Act, an inspector or a designated officer, as the case may be, shall inform, either orally or in writing, the person to whom the order is given of its nature and the basis for it, as well as any proposed time limit for compliance.
(2) The inspector or designated officer shall give the order referred to in subrule (1) in writing.
Proceedings to Confirm, Amend, Revoke or Replace an Order
34. (1) As soon as practicable and, in any event, not later than 10 days after an inspector or a designated officer, as the case may be, gives an order under subrule 33(2), the inspector or designated officer shall refer it to the Commission for confirmation, amendment, revocation or replacement in accordance with subsection 35(3) or 37(6) of the Act, as the case may be.
(2) Where the Commission acts under subsection 35(3) of the Act or a designated officer is authorized by the Commission to act under paragraph 37(2)(g) of the Act, the Commission or designated officer, as the case may be, shall notify the persons named in or subject to the order of
(a) their opportunity to be heard under paragraph 39(1)(c) or 40(1)(c) or (d) of the Act, as the case may be; and
(b) the requirement that those persons who intend to present information and submissions in respect of the order so notify the Commission or designated officer within 10 days after receipt of the notice.
(3) As soon as practicable after receiving a notice referred to in paragraph (2)(b), the Commission or designated officer shall notify the person giving the notice
(a) of the manner in which and time when the person may be heard; and
(b) of the format in which the information and submissions are required to be filed with the Commission or designated officer and sent to other parties and the time limits for filing and sending the information and submissions, as well as the names and addresses of the other parties.
(4) A decision by the Commission or designated officer, as the case may be, to confirm, amend, revoke or replace an order shall be in writing and must be sent, within 10 days after being made, to the persons who are named in or subject to the decision, and to any other persons who intervened in the proceeding.
- SOR/2007-208, s. 33.
- Date modified: