Rules Respecting the Procedure of the Canadian Radio-Television and Telecommunications Commission
2 In these Rules,
Act means the Broadcasting Act; (Loi)
intervener means a person who files an intervention pursuant to section 15; (intervenant)
party, in relation to a hearing held or to be held by or on behalf of the Commission, means the applicant and any intervener; (partie)
Secretary means the Secretary of the Commission. (secrétaire)
(2) An application referred to in subsection (1) shall be in a form satisfactory to the Commission and shall
(a) contain a clear and concise statement of the relevant facts, the grounds of the application and the nature of the order applied for or decision requested;
(b) be divided into paragraphs, numbered consecutively, each of which shall be confined as nearly as possible to a distinct subject matter;
(c) set forth the name, address and telephone number of the applicant and his agent, if any;
(d) be signed by the applicant or his agent;
(e) where it is signed by the agent of the applicant, be accompanied by a copy of the document whereby the agent was appointed, which document shall be in the form set out in Schedule I;
(f) contain a list of any documents that may be useful in explaining or supporting the application;
(g) designate a place within the area to be served, where the application may be inspected by any person in accordance with section 6; and
(h) be filed with the Commission in duplicate together with a copy of the documents described in paragraph (f).
(3) An application for a licence for a temporary network operation may be filed with the Commission by sending a telegram to the Secretary containing a clear and concise statement of the facts, the grounds of the application and the nature of the licence applied for.
4 (1) Where the Secretary is of the opinion that an application does not comply with subsection 3(2), he shall notify the applicant of the deficiencies in the application and the application shall not be considered until it is in a form satisfactory to the Commission and the Secretary is satisfied that it otherwise complies with subsection 3(2).
(2) When an application is in a form satisfactory to the Commission, the Secretary is satisfied that it otherwise complies with subsection 3(2) and the Commission proposes to hold a public hearing in respect of the application, the Secretary shall
(a) set the application down for public hearing at such date and place as the Chairperson shall direct; and
(b) publish a notice of the application, in such form as may be prescribed by the Commission,
- SOR/2000-357, s. 1
- 2001, c. 34, s. 32
5 (1) Subject to subsections (1.1), (2) and (3), if the Commission proposes to hold a public hearing in respect of an application that was filed either by a licensee who holds a licence for the area in respect of which the application was filed or by any person in respect of the broadcasting undertaking of a licensee, the licensee shall, at their own expense, broadcast, over their own facilities, if any, within the area normally served or to be served by the broadcasting undertaking to which the public hearing relates, a notice of the public hearing stating
(1.1) The notice referred to in subsection (1) shall be broadcast as follows:
(a) if the notice relates to a notice of an application that is published under subparagraph 4(2)(b)(i) 50 days or more before the day fixed for the commencement of the public hearing, at least four times during the period that begins on the date of publication of the notice of application and ends on the day that is 40 days before the day fixed for the commencement of the public hearing; and
(b) if the notice relates to a notice of an application that is published under subparagraph 4(2)(b)(i) less than 50 days before the day fixed for the commencement of the public hearing, at least four times during the period that begins on the date of publication of the notice of application and ends on the day that is 20 days before the day fixed for the commencement of the public hearing.
(2) The notice referred to in subsection (1) shall be broadcast,
(3) Where the Commission determines that broadcasts of a notice of a public hearing are not necessary, it may, in lieu of those broadcasts, require the applicant to serve on those persons that appear to have an interest in the application a notice of the public hearing stating the information set out in paragraphs (1)(a) to (c).
- SOR/2000-357, s. 2
6 Where a notice has been published pursuant to subparagraph 4(2)(b)(i), any person may examine any application listed in the notice at the office of the Secretary at Ottawa and at such other place within the area served or to be served as shall be designated in the application.
7 No application shall be considered or dealt with by the Commission until 30 days have elapsed after the day on which a notice of the application has been published under subparagraph 4(2)(b)(i).
- SOR/2000-357, s. 3
8 No application may be amended or varied and no supplementary or additional document may be filed, after a notice in respect thereof has been published pursuant to subparagraph 4(2)(b)(i), except with permission of the Commission and upon such terms and conditions as it may determine.
Complaints and Representations
9 Where a person wishes to lodge a complaint with or make any representation to the Commission with respect to any matter within the powers of the Commission that is not directed to any application, he shall mail or deliver to the Secretary a brief written submission signed by him setting out the nature of his complaint or representation.
10 Where the Commission determines that a complaint or representation made pursuant to section 9 constitutes an application or an intervention, it may require the person who made the complaint or representation to comply with the procedure relating to applications or interventions, as the case may be.
11 Where the Executive Committee is satisfied that it would be in the public interest to hold a public hearing in connection with a complaint or representation made pursuant to section 9, the Secretary shall notify the person who made the complaint or representation and the person against whom it is made of the date and place of the hearing.
12 Where a complaint or representation is made on behalf of a group of persons or an organization, the person representing the group or organization at a public hearing shall file such evidence of his authority to speak for the group or organization as the Commission may require.
13 Any person who is interested in an application, or who wishes to lodge a complaint or make a representation that has been determined by the Commission to constitute an intervention, other than the applicant, may file with the Commission an intervention for the purpose of supporting, opposing or modifying the application.
(a) describe the interest of the intervener;
(b) contain a clear and concise statement of the relevant facts and the grounds upon which the intervener’s support for, opposition to or proposed modification of the application is based;
(c) be divided into paragraphs, numbered consecutively, each of which shall be confined as nearly as possible to a distinct subject matter;
(d) set forth the name, address and telephone number of the intervener and his agent, if any;
(e) be signed by the intervener or his agent;
(f) where it is signed by the agent of the applicant, be accompanied by a copy of the document whereby the agent was appointed, which document shall be in the form set out in Schedule I;
(g) contain a list of any documents that may be useful in explaining or supporting the intervention;
(h) state whether the intervener wishes to appear; and
(i) be filed with the Commission together with a copy of the documents described in paragraph (g).
(2) An intervener shall serve a true copy of his intervention upon the applicant in relation to whom his intervention is made and upon such other persons as the Commission may designate.
15 Unless the Commission or the notice of an application published under subparagraph 4(2)(b)(i) directs otherwise, an intervention shall be filed and served
(a) if the notice of the application is published 40 days or more before the day fixed in that notice for the commencement of the public hearing, at least 20 days before that day; and
(b) if the notice of the application is published less than 40 days before the day fixed in that notice for the commencement of the public hearing, at least 15 days before that day.
- SOR/2000-357, s. 4
Reply to Interventions
16 Within 10 days after an applicant is served with a copy of an intervention pursuant to subsection 14(2), he may mail or deliver to the Secretary a reply thereto, a true copy of which he shall serve upon the intervener.
(2) A reply shall be signed by the applicant or his agent and where it is signed by an agent, it shall be accompanied by a copy of the document whereby the agent was appointed, which document shall be in the form set out in Schedule I.
Service and Filing
(2) Where a notice or document is served by registered mail, it shall be deemed to have been served on the fourth day following the day on which it was mailed.
(2) Where a notice or document is filed with the Commission by registered mail, it shall be deemed to have been filed on the date of receipt of such notice or document at the office of the Secretary.
20 The Commission may, at the request of an applicant, if in the opinion of the Commission the public interest will best be served by so doing, treat as confidential the following material or information, if such material or information can be separated from the application and is marked “Confidential”, namely
(a) financial statements of an applicant who holds a licence;
(b) evidence of the financial capacity of any person participating in an application; and
(c) the names of prospective employees of an applicant.
21 Any person authorized to administer oaths in a province may administer oaths in that province for the purpose of any matter before the Commission.
22 Declarations under oath for use in relation to any matter before the Commission shall be filed with the Commission.
23 Where a declaration under oath is made as to belief, the grounds upon which the belief is based shall be set forth.
Proof of Service
24 Where a document is required to be served by these Rules or the Commission directs service of a document, proof of service by declaration under oath or such other manner as shall be acceptable to the Commission shall, after the document has been served as required or directed, be filed forthwith with the Commission.
25 (1) The Commission may, by notice, require an applicant or intervener to verify by declaration under oath the whole or any part of an application, intervention or reply made by him or his agent or any notice broadcast over his facilities pursuant to subsection 5(2).
(2) Where an applicant or intervener fails to comply with a notice referred to in subsection (1), the Commission may set aside the application, intervention or reply made by the applicant or intervener, as the case may be, or strike out any part of the application, intervention or reply that is not verified as required by the notice.
Suspension of Proceedings
26 The Commission may require any person who is a party to any proceeding before the Commission to provide such information, particulars or documents as it may require and may adjourn the proceeding until such time as it receives the required information, particulars or documents.
Notices Relating to Hearings
27 When an application has been set down for public hearing, the Secretary shall give notice to the applicant at least 10 days before the date fixed for the commencement of the public hearing, stating whether he is required to appear.
28 Any person who tends to appear and make representations at a public hearing shall file with the Commission, at least seven days prior to the date fixed for the commencement of the hearing, a list setting forth the name, title and position of each person who intends to appear with him at the hearing.
29 The Commission may, at any time, request the parties to any proceeding to appear before a member or officer of the Commission at a specified time and place for a conference or to submit suggestions in writing for the purpose of formulating issues and considering
(a) the simplification of issues;
(b) the necessity or desirability of amending the application, intervention or reply for the purpose of clarification, amplification or limitation;
(c) the making of admissions of certain facts, the proof of facts by declaration under oath and the use by any 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 proposed to be submitted at the public hearing; and
(f) such other matters as may aid in the simplification of the evidence and disposition of the proceedings.
Production and Inspection of Documents
(2) Where a party to a hearing fails to comply with a notice given under subsection (1) within 10 days from the receipt thereof, he may not put any documents in evidence to which the notice relates unless he satisfies the Commission that he had sufficient cause for not complying with the notice.
31 (1) Where a public hearing is to be held under section 19 of the Act, the Secretary may, on behalf of and as authorized by the Commission, issue subpoenas in the form set out in Schedule II to compel the attendance of any person at the hearing as a witness.
(2) A subpoena issued under subsection (1) shall be issued in such a manner that the party to the hearing who requests the subpoena may list in the subpoena the name or names of the persons to be subpoenaed.
(3) Where a subpoena has been issued under this section it may be served on the person to whom it is directed at any place in Canada.
The Public Hearing
32 Witnesses at a public hearing may be examined orally upon oath or in such other manner as the Commission may direct.
33 No evidence may be introduced at a public hearing except in support of statements contained in an application, intervention or reply, as the case may be, or in support of documents or material filed in support thereof.
34 The Commission may, where it deems it advisable to do so, direct that written briefs be submitted by the parties to a hearing in addition to or in lieu of oral argument and, in such case, the briefs shall be served on such persons as the Commission may direct.
35 Unless the Commission directs otherwise, the order of appearance at a public hearing shall be as follows:
(a) the applicant;
(b) the interveners;
(c) persons appearing pursuant to section 11; and
(d) the applicant in reply.
36 Where two or more applications are made in respect of the same area or locality or part thereof to be served, and where it can reasonably be foreseen that if one application is approved, the others will not be granted,
(a) each application shall be deemed to be an intervention in respect of the other such application, in which case sections 13 to 15 shall not apply;
(b) the order of appearance of the applicants or interveners, as the case may be, shall be determined by the Commission; and
(c) the applicants shall reply in reverse order to that in which they made their applications.
Comments by Community Groups or Individuals
37 (1) Where, at least two clear days before the day fixed for the commencement of a public hearing, representations are made to the Commission with respect to matters of local interest in the region in which the public hearing is to be heard, the Commission may provide an opportunity at the public hearing for the hearing of comments by community groups or individuals with respect to those matters.
(2) No Saturday or holiday shall be reckoned in the computation of the time mentioned in subsection (1).
(3) Where any licensee or applicant is the object of comments by community groups or individuals heard at a public hearing pursuant to subsection (1), the licensee or applicant shall be given an opportunity to appear at the public hearing and be heard in reply.
(4) Any person who is to be heard at a public hearing pursuant to subsection (1) or (2) shall be notified by the Secretary of the day and place where he may be heard by the Commission and of the maximum time allocated to him at the public hearing.
Objections Based on Form
38 No proceedings shall be defeated by any objection based only upon defects in form.
39 The Commission may, upon such terms as it may determine, allow, or order an amendment to any application, intervention or reply that, in the opinion of the Commission, may tend to prejudice, embarrass, or delay a fair hearing of the case upon its merits or where, in the opinion of the Commission, such an amendment is necessary for the purpose of hearing and determining the real question in issue between the parties.
40 The Commission may at any time adjourn any proceeding before it.
Orders and Decisions
41 The Commission may approve the whole or any part of an application or grant such further or other relief, in addition to or in substitution for that applied for, as to the Commission seems just and proper.
42 Subject to section 24 of the Act, the Commission may give orally or in writing the reasons for its orders or decisions.
43 A decision of the Commission shall be effective the day on which it is made or on such later day as may be stated in the decision.
Change of Ownership or Control
44 (1) Where, in the opinion of the Commission, an application concerns a change of ownership of a broadcasting undertaking or a change of ownership of securities of a licensee involving a change of control, directly or indirectly, the Commission may require any person directly or indirectly concerned in such change of ownership or change of control to
(2) For the purposes of this section, “securities” include
(a) any document, pledge, hypothec, instrument or writing commonly known as a security;
(b) any document constituting evidence of title to or interest in the capital, assets, property, profits, earnings or royalties of any person;
(c) any document constituting evidence of an option, subscription, escrow certificate or other interest present or future, in or to a security;
(d) any bond, debenture, share, unit, unit certificate, participation certificate, certificate of share or interest, warrant, share purchase warrant, voting trust certificate, pre-organization certificate or subscription; and
(e) any agreement providing that money received will be repaid or treated as a subscription to shares, stock, units or interests at the option of the recipient or of any person.
To: The Canadian Radio-Television Commission
The undersigned applicant hereby appoints
his/its agent for and on his/its behalf and in his/its name to sign, serve and file an application (reply) to The Canadian Radio-Television and Telecommunications Commission and the undersigned does hereby ratify, confirm and adopt as his/its own act, such application (reply).
Dated at this day of 19
You are summoned and required to attend before The Canadian Radio-Television and Telecommunications Commission at a hearing to be
in the of on day of 19, at the hour of o’clock in the noon, and so on from day to day until the hearing is concluded, to give evidence on oath touching the matters in question in the proceeding and to bring with you and produce at the time and place
(herein set out in detail, materials to be produced)
Dated this this day of 19
Corporate Seal of
The Canadian Radio-
Television and Tele-
THE CANADIAN RADIO-
TELEVISION AND TELE-
- Date modified: