Final Offer Arbitration
Final offer arbitration is a public process, reserved exclusively for disputes that are monetary, and results in a binding decision.
If you and the other party to a dispute are unable to resolve the matter through mediation, you can request final offer arbitration. In this case, each party submits a final offer and a Panel of commissioners makes a decision by choosing one of the two offers.
View all Final Offers Arbitrations.
Apply for Final Offer Arbitration
In your application, you must include the following information:
- a clear articulation of the issues to be resolved,
- a concise statement of the facts, and
- why the application meets the requirements for final offer arbitration (as set out in paragraphs 4 and 17 of the information bulletin).
You must send your application to the other party to the dispute at the same time you file it with us.
If you cannot send your application via GCKey, you can send it by mail to the CRTC's Secretary General at:
Canadian Radio-television and Telecommunications Commission
How Does the Arbitration Process Work?
Once the other party receives your application, they advise us whether or not they support final offer arbitration.
This process is frequently paused to permit a round of staff-assisted mediation before launching the formal final offer arbitration process.
If mediation proves unsuccessful, the Commission then decides whether to accept your request for arbitration, or recommend another process. For example, we might recommend an expedited hearing.
If we accept your request, each party must submit a final offer. A Panel of commissioners will then select one of the offers in its entirety. This results in a binding determination. In rare cases, the panel may determine that neither offer is in the public interest and reject both.
Certain rules and specific timelines do apply.
- In ruling on any broadcasting matter, the Commission will take into consideration the relevant sections of the Wholesale Code. More specifically, in choosing between two final offers, the Commission will examine the proposed financial terms in light of the fair market value factors set out in section 6 of the Wholesale Code.
- This is described in the Information Bulletin – Interpretation of the Wholesale Code, starting at paragraph 35.
Any information filed with us is placed on the public record, unless you or another party make a claim for confidentiality at the time of filing.
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