Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
SOR/2010-277
Registration 2010-11-26
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
Whereas, pursuant to subsections 10(3) of the Broadcasting ActFootnote a and 69(1) of the Telecommunications ActFootnote b, a copy of the proposed Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, substantially in the annexed form, was published in the Canada Gazette, Part I, on July31, 2010, and a reasonable opportunity was thereby given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Rules;
Return to footnote aS.C. 1991, c. 11
Return to footnote bS.C. 1993, c. 38
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to sections 10 and 21 of the Broadcasting ActFootnote a and sections 57 and 67 of the Telecommunications ActFootnote b, hereby makes the annexed Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure.
Gatineau, Quebec, November 26, 2010
Definitions
Marginal note:Definitions
1 The following definitions apply in these Rules.
- document
document has the meaning assigned by the definition record in section 3 of the Access to Information Act. (document)
- party
party means an applicant, respondent or intervener. (partie)
- person
person has the same meaning as in subsection 2(1) of the Telecommunications Act. (personne)
- respondent
respondent means a person that is adverse in interest to an applicant. (intimé)
Application
Marginal note:Application
2 Except if they otherwise provide, these Rules apply to all proceedings before the Commission other than a proceeding arising from an application listed in Schedule 1 or from a contravention of a prohibition or requirement of the Commission for which a person is liable to an administrative monetary penalty under sections 72.01 to 72.15 of the Telecommunications Act.
Matters Before the Commission
Marginal note:How matters are brought before Commission
3 A matter may be brought before the Commission by an application or complaint or on the Commission’s own initiative.
Note: Under section 12 of the Telecommunications Act, the Governor in Council may refer back to the Commission for reconsideration a decision by the Commission, and under section 14, it may require the Commission to make a report on any matter within the Commission’s jurisdiction under that Act or any special Act. Under section 15 of the Broadcasting Act, the Governor in Council may request the Commission to hold hearings or make reports on any matter within the jurisdiction of the Commission under that Act, and under section 28, the Governor in Council may refer back to the Commission for reconsideration and hearing of the matter a decision by the Commission to issue, amend or renew a licence.
PART 1Rules Applicable to Broadcasting and Telecommunications
Application
Marginal note:Application
4 Sections 30 to 32, subsection 33(4) and section34 apply to a proceeding arising from an application listed in Schedule 1.
General Rules
Powers of the Commission
Marginal note:Power to act
5 (1) The Commission may exercise any of its powers under these Rules at the request of a party or interested person or on its own initiative.
Marginal note:Matters not provided for
(2) The Commission may provide for any matter of practice and procedure not provided for in these Rules by analogy to these Rules or by reference to the Federal Courts Rules and the rules of other tribunals to which the subject matter of the proceeding most closely relates.
Marginal note:Information bulletins
6 The Commission may issue information bulletins regarding matters within its jurisdiction, including
(a) the application of these Rules and the Commission’s regulatory policies and decisions; and
(b) the format and numbering of documents to be filed with the Commission, the software to be used to file them and the procedure for their filing.
Marginal note:Dispensing with or varying Rules
7 If the Commission is of the opinion that considerations of public interest or fairness permit, it may dispense with or vary these Rules.
Marginal note:Return of application or complaint
8 If an application or complaint does not comply with a requirement of these Rules, the Commission may return the application or the complaint to the applicant or the complainant so that the deficiencies may be remedied or it may close the file.
Marginal note:Defect in form
9 The Commission must not dismiss an application or complaint by reason solely of a defect in form.
Marginal note:Other powers
10 The Commission may
(a) if it is of the opinion that the circumstances or considerations of fairness permit, adjourn a proceeding;
(b) if it is of the opinion that the circumstances or considerations of fairness permit, combine two or more proceedings;
(c) decide whether to admit a document as evidence;
(d) order to be amended or struck out a document or part of a document that, in its opinion, might prejudice a party or delay the hearing of the matter on the merits;
(e) provide an opportunity for the parties to make written or oral representations; and
(f) in the event of a reference to the Federal Court, stay the whole or any part of a proceeding pending the decision of the Court.
Marginal note:Relief
11 In broadcasting matters, the Commission may approve the whole or any part of an application or grant any relief in addition to or in substitution for the relief applied for.
Note: Section 60 of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.
Time
Marginal note:Computation of time
12 (1) Sections 26 to 29 of the Interpretation Act apply to the computation of a time period set out in these Rules or a decision, notice of consultation, regulatory policy or information bulletin, except that
(a) Saturday is considered to be a holiday;
(b) a time period for the filing of a document with the Commission ends at 5:00 p.m., Vancouver time; and
(c) the period beginning on December 21 in one year and ending on January 7 in the following year must not be included in the computation of a time period.
Marginal note:Calendar days
(2) A time period is computed in calendar days.
Filing and Service of Documents
Marginal note:Filing of documents
13 (1) A document must be filed with the Commission
(a) in the case of an application, by sending the document to the Office of the Secretary General by any electronic means that permits its intelligible reception, as set out in Broadcasting and Telecom Information Bulletin CRTC 2010-453, as amended from time to time; and
(b) in the case of any other document, by delivering it by hand to the Office of the Secretary General, or sending it to the Office by mail or any electronic means that permits its intelligible reception.
Marginal note:Filing at public hearing
(2) When a public hearing of the Commission is in progress, a document may also be filed with the Commission by delivering the document by hand to the secretary of the hearing.
Marginal note:Record of transmission
(3) If a document is sent by electronic means, the sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed.
Marginal note:Alternative format
14 (1) A person with a disability or their designated representative may request that a party whose document has been posted on the Commission’s website file the document with the Commission in the alternative format specified by the person or representative. The request must be served on the party within five days after the day on which the document was posted.
Marginal note:Response to request
(2) Within five days after the day on which a party was served with the request, the party must file with the Commission and serve on the person or representative
(a) the document in the specified alternative format or in an alternative format that was agreed to by the person or representative; or
(b) the reasons why the party cannot file the document in an alternative format.
Marginal note:Reply
(3) Within five days after the day on which the person or representative was served with the document or the reasons, they may file a reply with the Commission.
Marginal note:Request of Commission
(4) Failing an agreement between the person or representative and the party, the Commission may request the party to file the document with the Commission in the alternative format specified by the Commission and serve it on the person or representative.
Marginal note:Filing day
15 (1) A document is filed with the Commission
(a) if it is delivered by hand, on the day on which it is delivered; or
(b) if it is sent by mail or electronic means, on the day on which it is received by the Office of the Secretary General.
Marginal note:Holiday
(2) A document received on a holiday is considered to be received on the next business day.
Marginal note:Verification of documents
16 (1) The Commission may order a person that has filed a document with it to verify its content by affidavit and, in case of refusal, may strike out the document.
Marginal note:Grounds of belief
(2) If an affidavit is made as to belief, the grounds on which the belief is based must be set out in the affidavit.
Marginal note:Deadline for service
17 A document that is required to be served must be served, along with the documents that accompany it, on or before the day on which it is filed with the Commission.
Marginal note:Service of documents
18 A document must be served on a person
(a) by delivering a copy of the document by hand
(i) to the person, or
(ii) if the person is a partnership, body corporate or unincorporated organization, to a partner, officer or director, or to their designated representative;
(b) by sending a copy of the document by mail to the last known address of the person or their designated representative; or
(c) by sending the document by any electronic means that permits its intelligible reception to the person or their designated representative, in which case the sender must keep proof of the sending and the receipt of the document for 180 days after the day on which it is filed with the Commission.
Marginal note:Service day
19 Service of a document is effected
(a) if it is delivered by hand, on the day on which it is delivered; or
(b) if it is sent by mail or electronic means, on the day on which it is received.
Marginal note:Proof of service
20 (1) At the Commission’s request, proof of service, or, if there is none, an affidavit in lieu of proof, must be filed with the Commission.
Marginal note:Content of proof
(2) Proof of service or an affidavit must include or be accompanied by the following information:
(a) the name, address, telephone number and email address of the person that served the document;
(b) the day on which the document was delivered by hand or sent by mail or electronic means and, if it was sent by electronic means, the date and time it was sent and received; and
(c) if the document was served by facsimile, the total number of pages transmitted including the cover page, the facsimile number from which it was sent and the name of the person that sent it.
Notice of Consultation
Marginal note:Notice of consultation
21 (1) If a matter is brought before the Commission on the Commission’s own initiative, the Commission must post a notice of consultation on its website.
Marginal note:Content of notice
(2) The notice must set out
(a) the nature of the matters to be considered and the deadline for intervening in the proceeding;
(b) any deadline for filing a reply with the Commission;
(c) if the Commission will request any parties to appear before it, the date and time of the commencement of the public hearing and the place of the hearing, which in telecommunications matters is fixed by the Chairperson of the Commission; and
Note : Subsection 18(4) of the Broadcasting Act grants the Chairperson of the Commission the power to designate the place of a public hearing in relation to broadcasting matters.
(d) in telecommunications matters, any permission granted by the Commission for a party to make a request for information from another party and the deadlines referred to in sections 73 to 76.
Application
Marginal note:Filing and service of application
22 (1) An application must be
(a) filed with the Commission;
(b) served on any respondent and any other persons that the Commission directs; and
(c) accompanied by a list of the persons on whom the application is served and the email address of each, if any.
Marginal note:Form and content of application
(2) An application must be made using the appropriate form listed in Broadcasting and Telecom Information Bulletin CRTC 2010-453, as amended from time to time. If none of the forms listed in the Bulletin is appropriate, the application must
(a) set out the name, address and email address of the applicant and any designated representative;
(b) set out the applicant’s website address or, if the application is not posted on their website, the email address where an electronic copy of the application may be requested;
(c) be divided into parts and consecutively numbered paragraphs;
(d) identify the statutory or regulatory provisions under which the application is made;
(e) contain a clear and concise statement of the relevant facts, of the grounds of the application and of the nature of the decision sought;
(f) set out any amendments or additions to these Rules proposed by the applicant; and
(g) include any other information that might inform the Commission as to the nature, purpose and scope of the application, and be accompanied by any supporting documents.
Marginal note:Posting of application
23 The Commision must post on its website all applications that comply with the requirements set out in section 22.
Marginal note:Restrictions
24 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
25 (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
26 (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
27 (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
28 (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
29 (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
30 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
31 (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
32 (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
33 (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
34 (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
35 (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
36 (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
37 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
38 (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
39 (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
40 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
41 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
42 The Commission may require a person who appears before it to be sworn or affirmed.
Marginal note:Simultaneous sittings
43 The Commission may, in relation to one proceeding, hold sittings simultaneously in more than one location.
Marginal note:Format of subpoena
44 A subpoena, which the Commission may refuse to issue, must be in the form set out in Schedule 2.
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 2013-637, dated November 28, 2013.
- SOR/2015-92, s. 1
PART 3Rules Applicable to Certain Broadcasting Applications
Application for Issuance or Renewal 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 or renewal 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.
PART 5Transitional Provision, Repeals and Coming into Force
Transitional Provision
Marginal note:Application
77 These Rules apply to matters that are brought before the Commission before the coming into force of these Rules.
Repeals
78 [Repeal]
79 [Repeal]
Coming into Force
Marginal note:April 1, 2011
80 These Rules come into force on April 1, 2011.
SCHEDULE 1(Sections 2 and 4)Broadcasting Applications That Give Rise to a Proceeding to Which the Rules Do Not Apply
The following applications, if they do not raise any concerns with respect to Commission policies or regulations or conditions of licence:
1 Application for the extension of a deadline for the implementation of an authority to provide a new service.
2 Application for the extension of a deadline for the filing of documentation or other information in response to a requirement made by the Commission in a decision.
3 Application for changes to the authorized contours of over-the-air programming undertakings in cases where the revised contours do not enter a new market and the proposal will not result in a change of the operating class of a low-power station.
4 Application for changes to the authorized areas of licensed broadcasting distribution undertakings.
5 Application for amendments to conditions of licence to implement a regulatory policy of the Commission or to incorporate a standard condition.
6 Application by a licensee for revocation of the licensee’s licence.
7 Share transfer application referred to in paragraph 9. of Broadcasting Circular CRTC 2008-8, dated November 21, 2008.
SCHEDULE 2(Section 44)
The Canadian Radio-television and Telecommunications Commission
Re:
To:
You are required to attend before the Canadian Radio-television and Telecommunications Commission at a public hearing to be held at
on the day of 20, at , and so on from day to day until the hearing is concluded, to give evidence on oath with respect to the matters in question in the proceeding and to produce on the date and at the time and place
(set out, in detail, the documents to be produced)
Dated at this day of 20
| Corporate Seal of the Canadian Radio‑television and Telecommunications Commission | THE CANADIAN RADIO‑TELEVISION AND TELECOMMUNICATIONS COMMISSION by: Secretary General |
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