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

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 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.