عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين المعاهدات الأحكام التصفح بحسب كل ولاية قضائية

كندا

CA232

رجوع

Canadian Radio-Television and Telecommunications Commission Rules of Practice and Procedure (SOR/2010-277) (as amended up to August 6, 2015)

 https://laws-lois.justice.gc.ca/eng/regulations/SOR-2010-277/Fu

.

Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure

(SOR/2010-277)

(as amended up to August 6, 2015)

BROADCASTING ACT

TELECOMMUNICATIONS ACT

Registration 2010-11-26

Canadian Radio-television and Telecommunications Commission Rules of Practice

and Procedure

Whereas, pursuant to subsections 10(3) of the Broadcasting Act and 69(1) of the

Telecommunications Act , 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 July 31, 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;

S.C. 1991, c. 11

S.C. 1993, c. 38

Therefore, the Canadian Radio-television and Telecommunications Commission,

pursuant to sections 10 and 21 of the Broadcasting Act and sections 57 and 67 of

the Telecommunications Act , hereby makes the annexed Canadian Radio-television

and Telecommunications Commission Rules of Practice and Procedure.

Gatineau, Quebec, November 26, 2010

JENNIFER WILSON

Acting Secretary General

Canadian Radio-television and Telecommunications Commission

Definitions

Definitions

a

b

a

b

a

b

1 The following definitions apply in these Rules.

document has the meaning assigned by the definition record in section 3 of the

Access to Information Act. (document)

party means an applicant, respondent or intervener. (partie)

person has the same meaning as in subsection 2(1) of the Telecommunications

Act. (personne)

respondent means a person that is adverse in interest to an applicant. (intimé)

Application

Application

2 (1) Except if they provide otherwise, 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

any of sections 72.001 to 72.19 of the Telecommunications Act, unless the penalty is

imposed in the course of a proceeding referred to in section 72.003 of that Act.

Non-application

(2) These Rules do not apply to proceedings before the Commission under sections

6 to 46 of An Act to promote the efficiency and adaptability of the Canadian economy

by regulating certain activities that discourage reliance on electronic means of

carrying out commercial activities, and to amend the Canadian Radio-television and

Telecommunications Commission Act, the Competition Act, the Personal Information

Protection and Electronic Documents Act and the Telecommunications Act.

SOR/2015-215, s. 1.

Matters Before the Commission

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 1

Rules Applicable to Broadcasting and Telecommunications

Application

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

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.

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.

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.

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.

Defect in form

9 The Commission must not dismiss an application or complaint by reason solely of

a defect in form.

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.

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

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.

Filing and Service of Documents

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.

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.

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.

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.

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.

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.

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.

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.

Notice of Consultation

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.

Application

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.

Posting of application

23 The Commision must post on its website all applications that comply with the

requirements set out in section 22.

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

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.

Intervention

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.

Reply

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.

Request for Information or Documents

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.

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.

Confidential Information

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.

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.

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.

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.

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.

Rules Applicable to Public Hearings

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).

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.

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.

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.

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.

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.

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.

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.

Administration of oaths

42 The Commission may require a person who appears before it to be sworn or

affirmed.

Simultaneous sittings

43 The Commission may, in relation to one proceeding, hold sittings simultaneously

in more than one location.

Format of subpoena

44 A subpoena, which the Commission may refuse to issue, must be in the form set

out in Schedule 2.

PART 2

Rules Applicable to Complaints and Dispute

Resolution

Rules Applicable to Proceedings Initiated by a Complaint

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.

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.

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.

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.

Measures

49 If the Commission is not satisfied with a response, it may take any measures that

it considers necessary.

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.

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.

Alternative Dispute Resolution Processes

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 3

Rules Applicable to Certain Broadcasting Applications

Application for Issuance of Licence or for Approval of Transfer of Ownership or Change in Control [SOR/2015-215, s. 2]

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.

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.

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

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.

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 4

Rules Applicable to Certain Telecommunications Applications

Application for Review of Canadian Ownership and Control

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.

Application to Approve or Amend Tariffs or to Approve an Agreement Between Carriers

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.

Application to Award Costs

Interim Costs

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

Application to Review, Rescind or Vary a Decision of the Commission

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.

Request for Information

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.

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.

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.

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.

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.

PART 5

Transitional Provision, Repeals and Coming into Force

Transitional Provision

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

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