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

Regulations are current to 2013-04-29 and last amended on 2011-04-01. Previous Versions

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

SOR/2010-277

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 ActFootnote a and 69(1) of the Telecommunications ActFootnote b, 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;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to sections 10 and 21 of the Broadcasting ActFootnote a and sections 57 and 67 of the Telecommunications ActFootnote b, 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

Marginal note:Definitions

1. The following definitions apply in these Rules.

“document”

« document »

“document” has the meaning assigned by the definition “record” in section 3 of the Access to Information Act.

“party”

« partie »

“party” means an applicant, respondent or intervener.

“person”

« personne »

“person” has the same meaning as in subsection 2(1) of the Telecommunications Act.

“respondent”

« intimé »

“respondent” means a person that is adverse in interest to an applicant.

APPLICATION

Marginal note:Application

2. Except if they otherwise provide, 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 sections 72.01 to 72.15 of the Telecommunications Act.

MATTERS BEFORE THE COMMISSION

Marginal note: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

Marginal note:Application

4. Sections 30 to 32, subsection 33(4) and section 34 apply to a proceeding arising from an application listed in Schedule 1.

General Rules

Powers of the Commission

Marginal note: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.

  • Marginal note: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.