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

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.