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

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.