RULES APPLICABLE TO COMPLAINTS AND DISPUTE RESOLUTION
Rules Applicable to Proceedings Initiated by a Complaint
Marginal note: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.
Marginal note: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.
Marginal note: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.
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.
49. If the Commission is not satisfied with a response, it may take any measures that it considers necessary.
Marginal note: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.
Marginal note: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.
Marginal note: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
Marginal note: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 2009-38, dated January 29, 2009, as amended by Broadcasting and Telecom Information Bulletin CRTC 2009-38-1, dated April 26, 2010.
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