GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 3
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 4
Application 4 Sections 30 to 32 , subsection 33 (4) and section 34 apply to a proceeding arising from an application listed in Schedule 1.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 5
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 6
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 7
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 8
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 9
Defect in form 9 The Commission must not dismiss an application or complaint by reason solely of a defect in form.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 10
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 11
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
Note: Section 60 of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 12
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. Calendar days (2) A time period is computed in calendar days.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 13
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. 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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 14
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. 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. 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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 15
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. Holiday (2) A document received on a holiday is considered to be received on the next business day.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 16
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 17
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 18
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 19
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 20
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 21
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. 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 .
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 22
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 23
Posting of application 23 The Commision must post on its website all applications that comply with the requirements set out in section 22 .
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 24
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 25
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 26
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 27
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 28
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 29
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. Filing and service of request (2) The requesting party must file its request with the Commission and serve it on the other party. 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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 30
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
Note: Section 38 of the Telecommunications Act provides for the same rule in relation to telecommunications matters.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 31
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. Timing of designation (2) The party must make the designation at the time that they file the document that contains the information.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
Note: Subsection 39(1) of the Telecommunications Act provides for the same rule in relation to telecommunications matters.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 32
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 33
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. Service (2) The requesting party must serve the request on the author of the designation. 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. 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.