GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 34
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. 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.
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(4) 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 — 35
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. 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).
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 36
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 37
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 38
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 . Participants (2) Only the party, the party’s representatives and the Commission’s representatives may participate in the in camera discussions. Transcript of discussions (3) Only the party that participated in the in camera discussions is to be provided with a transcript of the discussions.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 39
Designation of confidential information 39 (1) Sections 31 to 34 apply, to the extent provided, to the designation of information as confidential in the transcript of the in camera discussions. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 40
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 41
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 42
Administration of oaths 42 The Commission may require a person who appears before it to be sworn or affirmed.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 43
Simultaneous sittings 43 The Commission may, in relation to one proceeding, hold sittings simultaneously in more than one location.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 44
Format of subpoena 44 A subpoena, which the Commission may refuse to issue, must be in the form set out in Schedule 2.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 45
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 46
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 47
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 48
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 49
Measures 49 If the Commission is not satisfied with a response, it may take any measures that it considers necessary.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 50
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 51
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 52
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. SOR/2015-92, s. 1 SOR/2021-75, s. 1
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 53
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. Service not required (2) Paragraph 22 (1)(b) does not apply to such an application. SOR/2015-215, s. 3
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 54
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 55
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 56
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 .
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 57
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 58
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. Non-application of certain provisions (2) Paragraph 22 (1)(b) and sections 23 and 25 do not apply to such an application.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 59
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. Non-application of certain provisions (2) Paragraph 22 (1)(b) and sections 23 and 25 do not apply to such an application.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 60
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 .
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 61
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. Service (2) The party must serve the application on all other parties.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 62
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 63
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 64
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 65
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 66
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. 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. Service (3) The applicant must serve the application on all other parties.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 67
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 68
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 69
Taxing officer 69 If the Commission appoints a taxing officer, it must set out the procedure to be followed by the officer.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 70
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 . 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 .
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 71
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 72
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 73
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 74
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 75
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. Content of request (2) The requesting party must specify why a further response is necessary. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 76
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. 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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 77
Application 77 These Rules apply to matters that are brought before the Commission before the coming into force of these Rules.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 80
April 1, 2011 80 These Rules come into force on April 1, 2011.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 1
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.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 1
1 Application for the extension of a deadline for the implementation of an authority to provide a new service.
Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure — 2
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.