Briefing book for Chairperson, Vice-Chairpersons and Commissioners - Appendix

Appendix 1

Appendix 2

Key Commission decisions and regulatory policies (Updated in January 2023)

The following is a list of the important decisions, policies, regulatory instruments, etc., that the Commission has issued.

Key reference documents

• CRTC written public submission to the Legislative Review Panel – 10 January 2019
• Harnessing Change: The Future of Programming Distribution in Canada – Section 15 report on broadcasting – 31 May 2018
• Departmental Plan 2022-2023
• 2020-21 CRTC Annual Report on the Operation of the Do Not Call List – 30 September 2021

Broadcasting

• Renewal of licences for various terrestrial broadcasting distribution undertakings that will expire in August 2018 – Introductory decision – Broadcasting Decision 2018-263
• Group-based licencing decisions for television services of large French- and English-language ownership groups – Broadcasting Decisions 2017-143 (French) and 2017-148 (English)
• Reconsideration of licence renewals decisions regarding the licence renewals for the television services of large French- and English-language private ownership groups – Broadcasting Decisions 2018-334 (French) and 2018-335 (English)
• Let’s Talk TV: A conversation with Canadians about the future of television – Broadcasting Regulatory Policies 2015-86, 2015‑96 and 2015-104
• Policy framework for local and community television – Broadcasting Regulatory Policy 2016‑224
• Amendments to the Exemption order for digital media broadcasting undertakings – Broadcasting Order 2012-409
• A targeted policy review of the commercial radio sector – Broadcasting Regulatory Policy 2014‑554
• Radio Regulations, 1986
• Update on the Commission’s approach to non-compliance by radio stations – Broadcasting Information Bulletin 2014-608: Based on the requirements of the Broadcasting Act, the Radio Regulations, 1986 and a station’s conditions of licence in the context of an application for licence renewal or amendment. This includes an update published in January 2020.
• Commercial Radio Policy 2006 – Broadcasting Public Notice 2006-158: Areas addressed include airplay and financial support for Canadian music, French-language vocal music, cultural diversity, local management and local sales agreements, local programming, etc. Some sections superseded by Broadcasting Regulatory Policy 2014-554 (see above). Also see Commercial radio policy framework review – Broadcasting Notice of Proceeding CRTC 2022-332.
• Indigenous Broadcasting Policy: Includes definitions of a native undertaking, addresses the notion of Indigenous content, programming and music; types of Indigenous Stations (1990-89) and Indigenous radio undertakings (2001-70). See also Co-Development of the Indigenous Broadcasting Policy, Broadcasting Notice of Proceeding 2019-217 and the “What You Said” report: CRTC Early Engagement Sessions.
• Campus and community radio policy – Broadcasting Regulatory Policy 2010-499: Revised policy for both campus and community radio, establishing a single policy that makes provision for differences in the two types of stations, where appropriate
• Ethnic broadcasting policy – Public Notice 1999-117: Ethnic stations are required to serve a broad range of ethnic groups within their service area (“broad service requirement”)
• Religious Broadcasting Policy – Public Notice 1993-78: Recognition of alternative values; balance programming; provisions regarding the solicitation of funds; programming practices
• Practices and procedures for dispute resolution – Broadcasting and Telecom Information Bulletin 2019-184): Sets out the processes and timelines for dispute resolution in both broadcasting and telecommunications
• The Wholesale Code – Broadcasting Regulatory Policy 2015-438: Governs the negotiation of agreements between programmers and distributors
• Canadian Broadcasting Corporation – Licence renewals – Broadcasting Decision 2022-165: Sets out the licensing framework for Canada’s national public broadcaster^{Footnote 1}

Compliance and Enforcement (C&E)

Canada’s Anti-Spam Legislation (CASL)

• Canada’s Anti-Spam Legislation
• Guidelines on the Commission’s approach to section 9 of Canada’s Anti-Spam Legislation (CASL) – Compliance and Enforcement Information Bulletin 2018-415
• 3510395 Canada Inc., operating as Compu.Finder – Constitutional challenge to Canada’s Anti-Spam Legislation – Compliance and Enforcement Decision 2017-367; and 3510395 Canada Inc., operating as Compu.Finder – Violations of Canada’s Anti-Spam Legislation – Compliance and Enforcement Decision 2017-368
• Brian Conley – Liability for violations of Canada’s Anti-Spam Legislation committed by nCrowd, Inc. - Compliance and Enforcement Decision 2019-111: This was the first time the Commission held an individual liable under CASL for violations committed by a corporation
• 3510395 Canada Inc. v. Canada (Attorney General), 2020 FCA 103: The Federal Court of Appeal upheld Compliance and Enforcement Decisions 2017-367 and 2017-368
• Hydro-Québec – Application for review of a notice to produce – Compliance and Enforcement Decision 2020-196
• 1882914 Ontario Inc., operating as Datablocks Inc. and 2348149 Ontario Inc., operating as Sunlight Media Networks Inc. – Alleged violations of Canada’s Anti-Spam Legislation – Compliance and Enforcement Decision 2022-132: The Commission found insufficient evidence on the record to conclude that the companies aided in the installation of a computer program without the express consent of its owner or authorized user; refers to section 9 of CASL
• Snapshot of CASL Enforcement Activities: published twice yearly

Unsolicited Telecommunications Rules & Voter Contact Registry

• Telemarketing and unwanted calls
• Unsolicited Telecommunications Rules
• Unsolicited Telecommunications Fees – Telemarketing regulatory costs for 2020-21 and fees paid for 2019-20 – Compliance and Enforcement Order 2020-149
• Bouchard Parent Associés Inc., operating as Royal LePage Tendance – Violations of the Unsolicited Telecommunications Rules – Compliance and Enforcement Decision 2018-483
• Blue Dream HT Ltd. – Violations of the Unsolicited Telecommunications Rules – Compliance and Enforcement Decision 2019-317
• Ontario Consumers Home Services Inc. – Violations of the Unsolicited Telecommunications Rules – Compliance and Enforcement Decision 2019-318
• 9250-5114 Québec Inc., operating as Rénovation Domicili-air – Violations of the Unsolicited Telecommunications Rules – Compliance and Enforcement Decision 2020-67
• 2590054 Ontario Inc., operating as Top Tier Moving and Storage – Violations of the Unsolicited Telecommunications Rules – Compliance and Enforcement Decision 2021-205
• 2260948 Ontario Inc., operating as Smart Choice Window and Door Systems – Violations of the Unsolicited Telecommunications Rules – Compliance and Enforcement Decision 2021-399: Phone calls initiated as part of a referral system can still constitute telemarketing calls
• Voter Contact Registry (VCR)

Other C&E Decisions and Regulatory Policies

• Implementation of universal network-level blocking of calls with blatantly illegitimate caller identification – Compliance and Enforcement and Telecom Regulatory Policy 2018-484: i.e., TSP implementation of universal network-level call blocking where the caller ID does not conform to established numbering plans
• CISC Network Working Group – Consensus report NTRE064 regarding an interim call traceback process – Compliance and Enforcement and Telecom Decision 2019-215: i.e., monitoring the industry’s interim traceback trial to determine its effectiveness to reduce nuisance calls on a permanent basis
• Bell Canada – Application to block Wangiri fraud calls – Compliance and Enforcement and Telecom Decision 2020-125: Authorization to block Wangiri fraud calls from April 16 to June 1
• Bell Canada – Application to allow Bell Canada and its affiliates to block certain fraudulent and scam voice calls on a trial basis – Compliance and Enforcement and Telecom Decision 2020-185
• Establishment of the Canadian Secure Token Governance Authority – Compliance and Enforcement and Telecom Decision 2019-403
• CISC Network Working Group – Status of implementation by telecommunications service providers of authentication/verification measures for caller identification – Compliance and Enforcement and Telecom Decision 2019-402
• STIR/SHAKEN implementation for Internet Protocol-based voice calls – Compliance and Enforcement and Telecom Decision 2021-123
• Mitel Networks Corporation – Application requesting the Commission to instruct the Canadian Secure Token Governance Authority to allow all telecommunications service providers to receive a STIR/SHAKEN certificate – Compliance and Enforcement and Telecom Decision 2021-267
• CISC Network Working Group Consensus Report – Canadian traceback trial report – Compliance and Enforcement and Telecom Decision 2021-268
• Bell Canada – Application to allow Bell Canada and its affiliates to block certain fraudulent and scam voice calls on a permanent basis – Compliance and Enforcement and Telecom Decision 2021-403
• CRTC Interconnection Steering Committee – Application requesting an urgent and expedited Commission direction deferring the effective date for the implementation of STIR/SHAKEN to 9-1-1 voice calls – Compliance and Enforcement and Telecom Decision 2021-426
• Development of a network-level blocking framework to limit botnet traffic and strengthen Canadians’ online safety – Compliance and Enforcement and Telecom Decision 2022-170
• Call for comments – Codification of Commission practices in Compliance and Enforcement Proceedings – Compliance and Enforcement Notice of Consultation 2022-218

Consumer, Research and Communications

CRTC Prize for Excellence in Policy Research: most recent prize papers

Accessibility

Broadcasting and Telecom

• Accessibility of telecommunications and broadcasting services – Broadcasting and Telecom Regulatory Policy 2009-430
• Accessible Canada Act
  • Towards an Accessible Canada
  • Attestation under the Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations – Telecom and Broadcasting Information Bulletin 2022-117
  • Guidance on notification under the Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations – Telecom and Broadcasting Information Bulletin 2022-227
  • Report on accessibility 2020-21

Broadcasting – closed captioning, described video and audio description

• Quality standards for French-language closed captioning – Enforcement, monitoring and the future mandate of the French-language Closed Captioning Working Group – Broadcasting Regulatory Policy 2011-741-1
• English-language closed captioning mandatory quality standards relating to the accuracy rate for live television programming – Broadcasting Regulatory Policy 2019-308
• Amendment proposed by Bell Media Inc., Corus Entertainment Inc. and Rogers Media Inc. to their condition of licence that requires prime time programming to be broadcast with described video – Broadcasting Regulatory Policy 2019-392
• Let’s Talk TV – Navigating the Road Ahead – Making informed choices about television providers and improving accessibility to television programming – Broadcasting Regulatory Policy 2015-104
  • Paragraphs 26-46: described video
  • Paragraphs 47-58: closed captioning
  • Paragraphs 59-68: set-top boxes
  • Broadcasting Distribution Regulations (section 7.3)

Report on diversity

Financial and economic analysis

Broadcasting and Telecom – data and publications

• Communications Market Reports
• Financial Summaries for Broadcasting Sector
• Communications Market Reports – Open Data

Broadcasting – innovative research

• Broadcasting Accessibility Fund – Broadcasting Regulatory Policy 2012-430
• Broadcasting Accessibility Fund

Telecom – Message Relay Services

• Review of the regulatory framework for text-based message relay services – Telecom Regulatory Policy 2018-466
  • Message Relay Services

Telecom – Video Relay Service

• Video relay service – Telecom Regulatory Policy 2014-187
  • Video Relay Service (VRS)
• Call for comments – Review of video relay service – Telecom Notice of Consultation 2021-102

Telecom - mobile wireless service plans

• Call for comments – Accessibility – Mobile wireless service plans that meet the needs of Canadians with various disabilities – Telecom Notice of Consultation 2020-178

Telecom – TEXT with 9-1-1

• CISC Emergency Services Working Group – Consensus report regarding Text Messaging with 9-1-1 trial and service implementation – Telecom Decision 2013-22

Measuring Broadband Canada (MBC) (formerly known as the Broadband Measurement Project)

• Measuring Broadband Canada project
• SamKnows Analysis of Broadband Performance in Canada – March & April 2016
• Measuring Broadband Canada Report 2020

Consumer participation and protection

Broadcasting and Telecom - policies

• Prohibition of 30-day cancellation policies – Broadcasting and Telecom Regulatory Policy 2014‑576
• Public notification policy for the removal of the last payphone in a community – Telecom Regulatory Policy 2015-545

Broadcasting and Telecom – Ombudsman

• Review of the structure and mandate of the Commissioner for Complaints for Telecommunications Services Inc. – Broadcasting and Telecom Regulatory Policy 2016-102
  • Review of the Commissioner for Complaints for Telecommunications Services – Telecom Regulatory Policy 2011-46
  • Commissioner for the Commission for Complaints for Telecom-television Services

Broadcasting and Telecom – sales practices

• Report on Misleading or Aggressive Communications Retail Sales Practices
• CRTC Sales Practices Review – 2020 Secret Shopper Project Detailed Findings Report

Broadcasting and Telecom – paper bills

• When and how communications service providers must provide paper bills – Telecom and Broadcasting Decision 2022-28

Broadcasting – consumer participation

• Broadcasting Participation Fund – Broadcasting Regulatory Policy 2012-181
  • Broadcasting Participation Fund

Broadcasting – consumer code

• The Television Service Provider Code – Broadcasting Regulatory Policy 2016-1
  • Your Consumer Rights for TV Services (The TV Service Provider Code)

Telecom – consumer codes

• Review of the Wireless Code – Telecom Regulatory Policy 2017-200
  • The Wireless Code – Telecom Regulatory Policy 2013-271
  • Protected by the Wireless Code
• The Internet Code – Telecom Regulatory Policy 2019-269
  • The Internet Code: Protecting your rights

Equitable Portrayal

• Equitable Portrayal Code – Broadcasting Public Notice 2008-23
• Canadian Broadcast Standards Council
• Offering cultural diversity on TV and radio
• Codes for Radio and TV Broadcasters

National Public Alerting System

• Implementation of the National Public Alerting System by wireless service providers to protect Canadians – Telecom Regulatory Policy 2017-91
• Amendments to various regulations, the standard conditions of licence for video-on-demand undertakings and certain exemption orders - Provisions requiring the mandatory distribution of emergency alert messages – Broadcasting Regulatory Policy 2014-444
• The Weather Network/MétéoMédia – Licence renewal and renewal of mandatory distribution order – Broadcasting Decision 2018-342: Paragraphs 74-100
• Senior Officials Responsible for Emergency Management – Application to modify the wireless public alerting visible test schedule – Telecom Decision 2019-239

Ownership policy

• Revised guidelines for the application of the Common Ownership Policy for Radio – Broadcasting Information Bulletin 2010-341
• A guide to the CRTC application process for changes in effective control and certain transfers of shares of broadcasting undertakings as well as for the acquisition of assets of broadcasting undertakings – Change in the manner of issuing related information bulletins – Broadcasting Information Bulletin 2008-8-2
• Regulatory Policy – Diversity of Voices – Broadcasting Public Notice 2008-4
• Direction to the CRTC (Ineligibility of Non-Canadians) SOR/97-192
• Detailed Index of Multiple Ownership Charts

Tangible benefits

• Simplified approach to tangible benefits and determining the value of the transaction – Broadcasting Regulatory Policy 2014-459

Production Report

• Production Report to be completed annually by large English- and French-language ownership groups – Broadcasting Information Bulletin 2019-304

Telecommunications

Broadband Fund

• Broadband Fund – Projects selected for funding: list of all funded projects by province and associated funding decisions/statement of work approval orders
• Broadband Fund – Third call for applications – Telecom Notice of Consultation 2022-235
• Broadband Fund – Second call for applications – Telecom Notice of Consultation 2019-372
• Broadband Fund – Call for applications - Telecom Notice of Consultation 2019-191
• Development of the Commission’s Broadband Fund – Telecom Regulatory Policy 2018-377
• Modern telecommunications services – The path forward for Canada’s digital economy –Telecom Regulatory Policy 2016-496

Mobile wireless

• Review of mobile wireless services – Telecom Regulatory Policy 2021-130
• Facilities-based wholesale mobile virtual network operator (MVNO) access tariffs – Commission determinations on proposed terms and conditions – Telecom Decision CRTC 2022-288 | CRTC
• Updates to national wireless carriers’ GSM-based wholesale mobile wireless roaming tariffs to incorporate seamless hand-off and 5G roaming – Telecom Decision 2022-102
• Wholesale mobile wireless roaming service tariffs – Final terms and conditions – Telecom Decision CRTC 2017-56 | CRTC

Wholesale high-speed access (HAS)

• Notice of consultation to review wholesale high-speed access service framework –Telecom Notice of Consultation CRTC 2023-56
• Requests to review and vary Telecom Order 2019-288 regarding final rates for aggregated wholesale high-speed access services – Telecom Decision 2021-181
• Review of wholesale wireline services and associated policies – Telecom Regulatory Policy 2015-326

The Far North

• Call for comments – Telecommunications in the Far North, Phase II – Telecom Notice of Consultation 2022-147
• Call for comments – Review of the Commission’s regulatory framework for Northwestel Inc. and the state of telecommunications services in Canada’s North – Telecom Notice of Consultation 2020-367

Protecting Canadians

• Call for comments – Development of a regulatory framework to improve network reliability and resiliency – Mandatory notification and reporting about major telecommunications services outages – Telecom Notice of Consultation 2023-39
• Introduction of 9-8-8 as the three-digit abbreviated dialing code for mental health crisis and suicide prevention services and Northwestel Inc.’s application for modified implementation of ten-digit local dialing – Telecom Regulatory Policy 2022-234
• CISC Emergency Services Working Group – Changes to dates and direction set out in Telecom Decision 2021-210 regarding the implementation of handset-based location technology – Telecom Decision 2022-237
• Establishment of new deadlines for Canada’s transition to next-generation 9-1-1 – Telecom Decision 2021-199
• Next-generation 9-1-1 – Modernizing 9-1-1 networks to meet the public safety needs of Canadians – Telecom Decision 2017-182
• Emergency service obligations for local VoIP service providers – Telecom Decision 2005-21

Other policies and frameworks

• [redacted]
• Regulatory measures to make access to poles owned or controlled by Canadian carriers more efficient – Telecom Regulatory Policy 2023-31
• Practice and procedure for final offer arbitration to determine mobile virtual network operator access rates – Telecom Information Bulletin CRTC 2022-337
• Access to in-building wire in multi-dwelling units – Telecom Regulatory Policy 2021-239
• Disconnection practices between telecommunications service providers – Telecom Regulatory Policy 2017-235
• Framework for assessing the differential pricing practices of Internet service providers – Telecom Regulatory Policy 2017-104
• Regulatory framework for the small incumbent local exchange carriers and related matters – Telecom Regulatory Policy 2013-160
• Network interconnection for voice services – Telecom Regulatory Policy 2012-24
• Review of the Internet traffic management practices of Internet service providers – Telecom Regulatory Policy 2009-657
• Provision of telecommunications services to customers in multi-dwelling units – Telecom Decision 2003-45
• Review of regulatory framework – Telecom Decision 94-19

Appendix 3

Various policies and directives

Rules are in place, in accordance with Treasury Board of Canada Secretariat policies and directives, which govern matters such as travel, accommodation, privacy, security, information management and information technology.

The departmental entity that supports the Commission (as the statutory decision-making body) is included as a “department” on schedule I.1 of the Financial Administration Act (FAA). This entity is subject to general administrative, financial management and human resources regimes. For example, in addition to the FAA, the entity is subject to other legislation such as the Access to Information Act and the Privacy Act as well as Treasury Board of Canada Secretariat policies. Commissioners may not act outside these administrative, financial and human resource frameworks.

Travel

• Treasury Board of Canada Secretariat Special Travel Authorities Directive
• National Joint Council Travel Directive
• Treasury Board of Canada Secretariat Directive on Travel, Hospitality, Conference and Event Expenditures

Proactive disclosure

Refer to the government of Canada’s Open Government Portal

Privacy and access to information

• Access to Information and Privacy Policies Fact Sheet
• Privacy Act
• Directive on Privacy Practices
• Guidelines for Privacy Breaches
• Access to Information Act
• Policy on Access to Information
• Directive on Access to Information Requests

Security

• Policy on Government Security
• Directive on Identity Management
• Directive on Security Management

Information Management

• Policy on Service and Digital
• Directive on Service and Digital
• Guideline for Employees of the Government of Canada: Information Management (IM) Basics
• Commission's Directive on Email Management
• Commission's Information Technology (IT) Acceptable Use Policy (AUP)
• Commission’s IT Security – International Travel Policy

Appendix 4

Rules of conduct for voting at Commission meetings

Over the past number of years, the following voting procedures have been accepted by members of the Commission. They will be in effect at the Commission until revised.

Broadcasting

These procedures apply to both policy matters and applications. They are to be followed at all Commission and panel meetings. Commission meetings include all meetings of the Full Commission and of its sub-committees.

Any member can attend any meeting and is entitled to vote on matters dealing with broadcasting, the only exception being panel meetings.

For public hearing panel meetings, only members who have heard the hearing item can vote.

Telecommunications

These procedures apply to policy matters and applications. They are to be followed at all Commission and panel meetings. Commission meetings include all meetings of the Full Commission and of its sub-committees.

Voting Procedures

• Any member has the following options when voting:
  • to abstain
  • to approve
  • to deny
  • to concur
• Should a member vote to deny, the following options apply:
  • to request that the record of decisions only reflect that the decision was not unanimous
  • to have their negative vote registered in the minutes only
  • to have their negative vote registered in the minutes and the decision set out as a majority decision
  • to have their written dissent attached to the decision and indicated in the record of decisions

A member must signify their intention or reserve their right to dissent immediately after the result of a vote.

Procedures For Written Dissent

Upon receipt of the final text of a decision, a Commission member who has reserved the right to write a dissent will have up to 10 calendar days to submit it to the Decisions Division. Legal counsel assigned by the Senior General Counsel will be available to provide legal advice and to comment as required on drafts prepared by the dissenting member within the 10-day period.

Reopening a decision

Once a decision has been made at a meeting, it may not be reopened by members unless a majority of members agree that there are new facts and/or circumstances that must be brought to the Commission’s attention.

Members wishing to initiate this process must advise the Chairperson in a timely manner and request that a meeting be called.

In that meeting:

• a vote will be taken to determine whether there are new facts and/or circumstances
• if so, members will then vote on whether to reopen the decision
• if the decision is reopened, a discussion will take place and a final vote on the decision will be taken

Appendix 5

Blanket Travel Authority form

(Refer to the National Joint Council Travel Directive / Référez-vous à la Directive sur les voyages du Conseil national mixte)

(Refer to the applicable National Joint Council Travel Directive Appendices A, B and C for Kilometric and Allowances Rates / Référez-vous aux Annexes A, B et C pour les taux et indemnités en vigueur de la directive sur les voyages du Conseil national mixte)

(Refer to Treasury Board of Canada Secretariat Special Travel Authorities / Référez-vous aux Autorisations spéciales de voyager du Secrétariat du Conseil du Trésor du Canada)

(Refer to Treasury Board of Canada Secretariat Directive on Travel, Hospitality, Conference and Event Expenditures / Référez-vous à la Directive sur les dépenses de voyages, d'accueil, de conférences et d’événements du Secrétariat du Conseil de Trésor du Canada)

(Refer to the Public Service and Procurement Canada Accommodation and Car Rental Directory / Référez-vous au Répertoire des établissements d'hébergement et des entreprises de location de véhicules de Services publics et Approvisionnement Canada

Appendix 6

By-law No. 10 – Telecommunications Committee

Appendix 7

By-law No. 25 – Travelling expenses paid to members

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

BY-LAW NO. 25

TRAVELELLING AND LIVING EXPENSES PAID TO MEMBERS

WHEREAS the Canadian Radio-television and Telecommunications Commission is empowered by section 11 of the Canadian Radio-television and Telecommunications Act, R.S.C. 1985, c. C-22, as amended to fix the travelling and living expenses to be paid to members of the Commission subject to the approval of the Minister of Communications of Canada.

NOW THEREFORE be it, and it is hereby enacted, subject to the approval of the Minister of Communications of Canada, that

1. effective the date of the making of this by-law, each full-time member and each part-time member while in travel status on the official business of the Commission shall be paid travel and living expenses in accordance with the Treasury Board Travel Directive;
2. by-law No. 24 be revoked.

Appendix 8

By-law No. 26 – Broadcasting Committee

Appendix 9

By-law No. 29 – Broadcasting committee sub-committee for routine and non-contentious matters

Appendix 10

Stakeholder letter template

Further to your request, I am writing to confirm your meeting with Ms. Vicky Eatrides at Commission headquarters, 1 Promenade du Portage, Central Building, 7^th floor, Gatineau, Quebec, at XX on XX.

May I take this opportunity to remind you that it would not be appropriate to discuss any matter that is currently or imminently before the Commission.

In the Commission’s efforts to promote transparency in its processes and in recognition of its obligations under the Access to Information Act (ATIA), the date, the name of your company/organization and the subject matter of this meeting will be made available to anyone requesting such information. The names of meeting participants and any related documents, including those you may provide, will also be released unless they are exempt under the ATIA.

Regards,

Appendix 11

Powers under the Broadcasting Act

Policy directions

7 (1) Subject to subsection (2) and section 8, the Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to

1. any of the objectives of the broadcasting policy set out in subsection 3(1); or
2. any of the objectives of the regulatory policy set out in subsection 5(2).

Exception

(2) No order may be made under subsection (1) in respect of the issuance of a licence to a particular person or in respect of the amendment, renewal, suspension or revocation of a particular licence.

Directions binding

(3) An order made under subsection (1) is binding on the Commission beginning on the day on which the order comes into force and, subject to subsection (4), shall, if it so provides, apply with respect to any matter pending before the Commission on that day.

Exception

(4) No order made under subsection (1) may apply with respect to a licensing matter pending before the Commission where the period for the filing of interventions in the matter has expired unless that period expired more than one year before the coming into force of the order.

Hearings and reports

15 (1) The Commission shall, on request of the Governor in Council, hold hearings or make reports on any matter within the jurisdiction of the Commission under this Act.

Consultation

(2) The Minister shall consult with the Commission with regard to any request proposed to be made by the Governor in Council under subsection (1).

Setting aside or referring decisions back to Commission

28 (1) Where the Commission makes a decision to issue, amend or renew a licence, the Governor in Council may, within ninety days after the date of the decision, on petition in writing of any person received within forty-five days after that date or on the Governor in Council’s own motion, by order, set aside the decision or refer the decision back to the Commission for reconsideration and hearing of the matter by the Commission, if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in subsection 3(1).

Order on reference back

(2) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing shall set out the details of any matter that, in the opinion of the Governor in Council, may be material to the reconsideration and hearing.

Powers on reference back

(3) Where a decision is referred back to the Commission under this section, the Commission shall reconsider the matter and, after a hearing as provided for by subsection (1), may

1. rescind the decision or the issue, amendment or renewal of the licence;
2. rescind the issue of the licence and issue a licence on the same or different conditions to another person; or
3. confirm, either with or without change, variation or alteration, the decision or the issue, amendment or renewal of the licence.

Setting aside after confirmation

(4) Where, pursuant to paragraph (3)(c), the Commission confirms a decision or the issue, amendment or renewal of a licence, the Governor in Council may, within sixty days after the confirmation, on petition in writing of any person received within thirty days after that date or on the Governor in Council’s own motion, by order, set aside the decision or the issue, amendment or renewal, if the Governor in Council is satisfied as to any of the matters referred to in subsection (1).

Reasons

(5) An order made under subsection (4) to set aside a decision or the issue, amendment or renewal of a licence shall set out the reasons of the Governor in Council therefor.

Filing of petitions

29 (1) Every person who petitions the Governor in Council under subsection 28(1) or (4) shall at the same time send a copy of the petition to the Commission.

Notice

(2) On receipt of a petition under subsection (1), the Commission shall forward a copy of the petition by prepaid registered mail to all persons who were heard at or made any oral representation in connection with the hearing held in the matter to which the petition relates.

Register

(3) The Commission shall establish and maintain a public register in which shall be kept a copy of each petition received by the Commission under subsection 28(1) or (4).

Powers under the Broadcasting Act

Pursuant to section 5, the Commission shall regulate and supervise all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in subsection 3(1) and, in so doing, shall have regard to the regulatory policy which states that the Canadian broadcasting system should be regulated and supervised in a flexible manner that:

1. is readily adaptable to the different characteristics of English and French language broadcasting and to the different conditions under which broadcasting undertakings that provide English or French language programming operate;
2. takes into account regional needs and concerns;
3. is readily adaptable to scientific and technological change;
4. facilitates the provision of broadcasting to Canadians;
5. facilitates the provision of Canadian programs to Canadians;
6. does not inhibit the development of information technologies and their application or the delivery of resultant services to Canadians; and
7. is sensitive to the administrative burden that, as a consequence of such regulation and supervision, may be imposed on persons carrying on broadcasting undertakings.

Substantive powers

Classes of licence

Pursuant to paragraph 9(1)(a), the Commission may, in furtherance of its objects, establish classes of licences.

Issuance, amendment, and renewal of a licence

Pursuant to paragraph 9(1)(b), the Commission may, in furtherance of its objects, issue licences for such terms not exceeding seven years and subject to such conditions related to the circumstances of the licensee (i) as it deems appropriate for the implementation of the broadcasting policy set out in subsection 3(1), and (ii) in the case of licences issued to the CBC, as it deems consistent with the provision, through the CBC, of the programming contemplated by paragraphs 3(1)(l) and (m) of the Broadcasting Act (the Act).

Pursuant to subsection 22(1), no licence shall be issued, amended or renewed (a) if the issue, amendment or renewal of the licence is in contravention of a direction to the Commission issued by the Governor in Council under subsection 26(1); and (b) unless the Minister of Industry certifies to the Commission that the applicant for the issue, amendment or renewal of the licence (i) has satisfied the requirements of the Radiocommunication Act and the regulations made under that Act, and (ii) has been or will be issued a broadcasting certificate with respect to the radio apparatus that the applicant would be entitled to operate under the licence.

Pursuant to subsection 23(1), the Commission shall, at the request of the CBC, consult with it with regard to any conditions that the Commission proposes to attach to any licence issued or to be issued to the CBC.

Amendment to conditions of a licence

Pursuant to paragraph 9(1)(c), the Commission may, in furtherance of its objects, amend any condition of a licence on application of the licensee or, where five years have expired since the issuance or renewal of the licence, on the Commission's own motion.

Renewal of licences

Pursuant to paragraph 9(1)(d), the Commission may, in furtherance of its objects, issue renewals of licences for such terms not exceeding seven years and subject to such conditions as comply with paragraph 9(1)(b).

Prior approval

Pursuant to paragraph 9(1)(f), the Commission may, in furtherance of its objects, require any licensee to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier for the distribution of programming directly to the public using the facilities of that common carrier.

Priority to the carriage of broadcasting

Pursuant to paragraph 9(1)(g), the Commission may, in furtherance of its objects, require any licensee who is authorized to carry on a distribution undertaking to give priority to the carriage of broadcasting.

Carriage of programming services

Pursuant to paragraph 9(1)(h), the Commission may, in furtherance of its objects, require any licensee who is authorized to carry on a distribution undertaking to carry, on such terms and conditions as it deems appropriate, programming services specified by the Commission.

Exemption powers

Pursuant to subsection 9(4), the Commission must exempt, with or without conditions, persons who carry on broadcasting undertakings of any class it specifies from licensing and any or all of the requirements of a regulation where it is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in the Act. The Commission has exercised this power several times. Examples include the exemption from licensing of terrestrial broadcasting distribution undertakings serving fewer than 20,000 subscribers and the exemption from licensing of digital media broadcasting undertakings.

Other powers

Powers to issue guidelines

Pursuant to section 6, the Commission may issue non-binding policy guidelines and statements regarding any matter within its jurisdiction under the Act.

General powers to make regulations

By virtue of section 10, the Commission may make regulations governing certain subjects, such as broadcasting content, as well as anything it deems necessary in furtherance of the objectives set out in section 3 of the Act. However, the Supreme Court of Canada held that this general authority to make regulations only allows regulations that can be referenced to surrounding provisions and the scheme of the Act as whole, as well as specific regulatory tools in the Act. It does not, for example, allow the Commission to establish a value-for-signal regime, which would “stretch from the core purposes intended by Parliament and from the powers granted to the CRTC under the Broadcasting Act.”

Powers to make regulations respecting licence fees

Pursuant to subsection 11(1), the Commission may make regulations with the approval of the Treasury Board, establishing schedules of fees to be paid by licensees.

Research

Pursuant to subsection 14(1), the Commission is empowered to undertake, sponsor, promote or assist in research relating to its mandate.

Questions of fact or law

Pursuant to section 17, the Commission has authority to determine questions of fact or law in relation to any matter within its jurisdiction under the Act.

Discretionary power to hold a public hearing

Pursuant to subsection 18(3), the Commission may hold a public hearing, make a report, issue any decision and give any approval in connection with any complaint or representation made to the Commission or in connection with any other matter within its jurisdiction under the Act if it is satisfied that it would be in the public interest to do so.

Commission panels and consultation

Under subsection 20(1), the Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission.

Under subsection 20(2), a panel that is established under subsection 20(1) has and may exercise all the powers and may perform all the duties and functions of the Commission in relation to any matter before the panel.

Under subsection 20(3), a decision of a majority of the members of a panel established under subsection 20(1) is a decision of the panel.

Under subsection 20(4), the members of a panel established under subsection 20(1) shall consult with the Commission, and may consult with any officer of the Commission, for the purpose of ensuring a consistency of interpretation of the broadcasting policy set out in subsection 3(1) of the Act, the regulatory policy set out in subsection 5(2) of the Act and the regulations made by the Commission under sections 10 and 11 of the Act.

Rules

Under section 21, the Commission has made rules (a) respecting the procedure for making applications for licences, or for the amendment, renewal, suspension or revocation thereof, and for making representations and complaints to the Commission; and (b) respecting the conduct of hearings and generally respecting the conduct of the business of the Commission in relation to those hearings.

Enforcement powers

Inquiries

Pursuant to subsection 12(1), the Commission may inquire into, hear and determine the matter where it appears to the Commission that (a) any person has failed to do any act or thing that it is required to do pursuant to Part II or to any regulation, licence, decision or order made or issued by the Commission under Part II, or has done or is doing any act or thing in contravention of Part II or of any such regulation, licence, decision or order, or (b) the circumstances may require the Commission to make any decision or order or to give any approval that it is authorized to make or give under Part II or under any regulation or order made under Part II.

Mandatory orders

Pursuant to subsection 12(2), the Commission may, by order, require any person to do, without delay or within or at any time and in any manner specified by the Commission, any act or thing that the person is or may be required to do under Part II or any regulation, licence, decision or order made or issued by the Commission under Part II and may, by order, forbid the doing or continuing of any act or thing that is contrary to Part II, to any such regulation, licence, decision or order or to section 34.1 (related to paper bills).

Pursuant to subsection 13(1), any order made under subsection 12(2) may be made an order of the Federal Court or of any superior court of a province and is enforceable in the same manner as an order of the court.

Revocation or suspension of a licence

Under paragraph 9(1)(e), the Commission may, in furtherance of its objects, suspend or revoke any licence.

Pursuant to subsection 24(1), no licence shall be suspended or revoked unless the licensee applies for or consents to the suspension or revocation or, in any other case, unless, after a public hearing in accordance with section 18, the Commission is satisfied that (a) the licensee has contravened or failed to comply with any condition of the licence or with any order made under subsection 12(2) or any regulation made under Part II; or (b) the licence was, at any time within the two years immediately preceding the date of publication in the Canada Gazette of the notice of the public hearing, held by a person to whom the licence could not have been issued at that time by virtue of a direction to the Commission issued by the Governor in Council under the Act.

Pursuant to subsection 24(2), no licence issued to the CBC that is referred to in the schedule may be suspended or revoked under Part II except on application of or with the consent of the CBC. The schedule to the Act lists three types of CBC licences: the CBC and SRC network television licences; the AM and FM radio network licences held by the CBC and SRC; and finally, any licence issued in connection with the operation of any radio or television station owned and operated by the CBC.

Any other licence issued to the CBC or SRC, such as a licence for discretionary services, is not subject to the same requirement.

Pursuant to subsection 24(3), a copy of a decision of the Commission relating to the suspension or revocation of a licence, together with written reasons for the decision, shall, forthwith after the making of the decision, be forwarded by prepaid registered mail to all persons who were heard at or made any oral representations in connection with the hearing held under subsection 24(1), and a summary of the decision and of the reasons for the decision shall, at the same time, be published in the Canada Gazette and in one or more newspapers of general circulation within any area affected or likely to be affected by the decision.

Offences

Pursuant to subsection 32(1), every person who, not being exempt from the requirement to hold a licence, carries on a broadcasting undertaking without a licence is guilty of an offence punishable on summary conviction and is liable to a fine.

Pursuant to subsection 32(2), every person who contravenes or fails to comply with any regulation or order made under Part II of the Act is guilty of an offence punishable on summary conviction and is liable to a fine.

Pursuant to section 33, every person who contravenes or fails to comply with any condition of a licence issued to the person is guilty of an offence punishable on summary conviction.

Pursuant to section 34.1, no person who carries on a broadcasting undertaking shall charge a subscriber for providing the subscriber with a paper bill. Pursuant to section 34.2, every person who contravenes this section is guilty of an offence punishable on summary conviction and is liable to a fine.

These sections are not often used. To enforce these provisions, the Commission would need to establish the same burden of proof as that required for a criminal prosecution, namely beyond a reasonable doubt. The resource cost to proceed under these sections is often disproportionate to the offending conduct. Other regulatory tools are usually considered more important.

Powers under the Telecommunications Act

Pursuant to paragraph 47(a), the Commission shall exercise its powers and perform its duties with a view to implementing the Canadian telecommunications policy objectives pursuant to section 7 of the Telecommunications Act (the Act) and ensuring that Canadian carriers provide telecommunications services and charge rates in accordance with section 27 of the Act. Pursuant to paragraph 47(b), the Commission shall also exercise its powers and perform its duties in accordance with any orders made by the Governor in Council under section 8 of the Act or any standards prescribed by the Minister under section 15 of the Act. On 14 December 2006, the Governor in Council issued a direction to the Commission on implementing the Canadian telecommunications policy objectives set out in section 7 of the Act.

Substantive powers

Prior approval of telecommunications rates

Under subsection 25(1), no Canadian carrier shall provide a telecommunications service except in accordance with a tariff filed with and approved by the Commission that specifies the rate or the maximum or minimum rate, or both, to be charged for the service.

Just and reasonable rates

Under subsection 27(1), every rate charged by a Canadian carrier for a telecommunications service shall be just and reasonable.

No unjust discrimination

Under subsection 27(2), no Canadian carrier shall, in relation to the provision of a telecommunications service or the charging of a rate for it, unjustly discriminate or give an undue or unreasonable preference toward any person, including itself, or subject any person to an undue or unreasonable disadvantage.

Conditions of service

Under section 24, the Commission is empowered to impose any conditions on the offering and provision of any telecommunications services by a Canadian carrier.

Under section 24.1, the Commission is empowered to impose any conditions on the offering and provision of any telecommunications service by any person other than a Canadian carrier, including those relating to service terms and conditions in contracts with users of telecommunications services, protection of the privacy of those users, access to emergency services, and access to telecommunications services by persons with disabilities.

Works ordered by the Commission and payment of costs

Pursuant to section 42, the Commission may, by order, in the exercise of its powers under the Act, require or permit any telecommunications facilities to be provided, constructed, installed, altered, moved, operated, used, repaired or maintained or any property to be acquired or any system or method to be adopted, by any person interested in or affected by the order, and at or within such time, subject to such conditions as to compensation or otherwise and under such supervision as the Commission determines to be just and expedient. The Commission may specify by whom, in what proportion and at or within what time the cost of doing anything required or permitted to be done shall be paid.

However, the courts have interpreted this section as not providing the Commission with a standalone power. Rather, the authority under section 42 can only be used in conjunction with or in support of other powers conferred on the Commission by the Telecommunications Act.

Prior approval of inter-carrier agreements

Under section 29, no Canadian carrier shall, without the prior approval of the Commission, give effect to any agreement or arrangement, whether oral or written, with another telecommunications common carrier respecting (a) the interchange of telecommunications by means of their telecommunications facilities; (b) the management or operation of either or both of their facilities or any other facilities with which either or both are connected; or (c) the apportionment of rates or revenues between the carriers.

Prior authorization of limitations on liability

Under section 31, no limitation of a Canadian carrier’s liability is effective unless it has been authorized or prescribed by the Commission.

Interconnection

Under section 40, the Commission may order a Canadian carrier to connect any of the carrier’s telecommunications facilities to any other telecommunications facilities, at or within such time, and subject to such conditions, if any, as to compensation or otherwise, as the Commission determines to be just and expedient.

Access to supporting structures

Under subsection 43(5), where a person who provides services to the public cannot, on terms acceptable to that person, gain access to the supporting structure of a transmission line constructed on a highway or other public place, the Commission may grant a right of access to the supporting structure, subject to any conditions that it determines.

Access to highways or public places

Under subsection 43(4), where a Canadian carrier or distribution undertaking cannot, on terms acceptable to it, obtain the consent of the municipality or other public authority to construct a transmission line, the Commission may grant permission to construct it, subject to any conditions that it determines. Paragraph 44(b) states that, on application by a municipality or other public authority, the Commission may prohibit the construction, maintenance or operation by a Canadian carrier or distribution undertaking of any such transmission line except as directed by the Commission.

Telemarketing

Under section 41, the Commission may prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications. In June 2006, amendments to the Telecommunications Act introduced a legislative framework for a National Do Not Call List (DNCL) (sections 41.2 to 41.7) and an administrative monetary penalty power for contravention of a prohibition or requirement of the Commission under section 41 (section 72.01). The Telecommunications Act was further amended in June 2012 to allow for the collection of fees from subscribers to the National DNCL. These fees are used to recover costs associated with the Commission’s responsibilities in creating and enforcing the National DNCL.

Canadian ownership and control

Under section 16, the Commission is responsible for ensuring that Canadian carriers with more than 10% of the total annual revenues from the provision of telecommunications services in Canada are at all times Canadian-owned and controlled within the meaning of the Act and the regulations governing the ownership and control of Canadian telecommunications common carriers.

Content of messages

Under section 36, except where the Commission approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.

Universal services

Section 46.5 empowers the Commission to require any telecommunications service provider to contribute, subject to any conditions that the Commission may set, to a fund to support continuing access by Canadians to basic telecommunications services. In Decision 2000-745, the Commission ordered service providers to contribute to that fund. Carriers that provide basic local service in high-cost serving areas can obtain money from the fund, pursuant to the revised framework set out in Telecom Regulatory Policy 2011-291.

Numbering

Section 46.1 gives the Commission the power to oversee the interoperability of Canadian telecommunications networks. Section 46.1 also authorizes the Commission to administer the numbering resources used in the functioning of telecommunications networks, including the portion of the North American Numbering Plan resources that relates to Canadian telecommunications networks; the Commission can also determine any matter and make any order with respect to numbering resources.

Licensing powers

Pursuant to sections 16.1 to 16.4, the Commission has the power to issue, renew, amend, suspend or revoke licences for the provision of international telecommunications services.

Exemption powers

Pursuant to section 9, the Commission may, by order, exempt any class of Canadian carriers from the application of the Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives. So far, the Commission has not exercised this power.

Forbearance powers

Under subsection 34(1), the Commission may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 of the Act in relation to a telecommunications service or class of services provided by a Canadian carrier, where the Commission finds as a question of fact that to refrain would be consistent with the Canadian telecommunications policy objectives.

Under subsection 34(2), where the Commission finds as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is or will be subject to competition sufficient to protect the interests of users, the Commission shall make a determination to refrain, to the extent that it considers appropriate, conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to the service or class of services.

Under subsection 34(3), the Commission shall not make a determination to refrain in relation to a telecommunications service or class of services if the Commission finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuance of a competitive market for that service or class of services.

The Commission has, over time, forborne from regulating a number of services, including mobile, retail Internet, long distance and international services, various data and private line services, terminal equipment and inside wiring, satellite, and services provided by non-dominant carriers.

Other powers

Inquiries and determinations

Pursuant to section 48, on application by any interested person or on its own motion, the Commission is empowered to inquire into and make a determination in respect of anything prohibited, required or permitted to be done under Part II (except in relation to international submarine cables), Part III, or Part IV of the Act.

Questions of fact and law

Under section 52, the Commission may, in exercising its powers and performing its duties under the Act, determine any question of law or of fact, and its determination on a question of fact is binding and conclusive.

In-camera hearings

Under section 54, a hearing or a portion of a hearing before the Commission may, on the request of any party to the hearing, or on the Commission's own motion, be held in camera if that party establishes to the satisfaction of the Commission, or the Commission determines, that the circumstances of the case so require.

Judicial powers

Under section 55, the Commission has the powers of a superior court with respect to (a) the attendance and examination of witnesses; (b) the production and examination of any document, information or thing; (c) the enforcement of its decisions; (d) the entry on and inspection of property; and (e) the doing of anything else necessary for the exercise of its powers and the performance of its duties.

Partial or additional relief

Under section 60, the Commission may grant the whole or any portion of the relief applied for in any case, and may grant any other relief in addition to or in substitution for the relief applied for as if the application had been for that other relief. This section is similar to section 32, applicable to Part III of the Act (rates, facilities and services), under which the Commission also has broad powers, including the power to amend any tariff filed under section 25 or any agreement or arrangement submitted for approval under section 29 and the power to suspend or disallow any portion of a tariff, agreement or arrangement that is in its opinion inconsistent with Part III.

Power to review and vary

Under section 62, the Commission may, on application or on its own motion, review and rescind or vary any decision made by it or re-hear a matter before rendering a decision.

Residual powers

Under paragraph 32(g), the Commission may, in the absence of any applicable provision in Part III of the Act, determine any matter and make any order relating to the rates, tariffs or telecommunications services of Canadian carriers.

Classes of telecommunications services

Under paragraph 32(a), the Commission has the power to establish different classes of telecommunications services and to permit different rates to be charged for them.

Power to determine standards

Under paragraph 32(b), the Commission may determine standards in respect of the technical aspects of telecommunications applicable to telecommunications facilities operated by or connected to those of a Canadian carrier.

Interim decisions

Under subsection 61(2), the Commission may make an interim decision and may make its final decision effective from the day on which the interim decision came into effect.

Ex parte decisions

Under subsection 61(3), the Commission may make an ex parte decision where it considers that the circumstances of the case justify it.

Effective date of decision

Under subsection 61(1), the Commission may, in any decision, provide that the whole or any portion of the decision shall come into force on, or remain in force until, a specified day, the occurrence of a specified event, the fulfilment of a specified condition, or the performance to the satisfaction of the Commission, or of a person named by it, of a requirement imposed on any interested person.

Policy guidelines, statements

Under section 58, the Commission has the power to issue policy guidelines and statements with respect to any matter within its jurisdiction under the Act. The guidelines and statements are not binding on the Commission.

Powers to make rules, orders and regulations

Section 57 provides that the Commission may make rules, orders and regulations respecting any matter or thing within its jurisdiction.

General powers to make regulations

Section 67 empowers the Commission to make regulations establishing rules respecting its practice and procedure, establishing the criteria for the awarding of costs, and generally for carrying out the purposes and provisions of the Act.

Award of costs

Pursuant to subsection 56(1), the Commission may award interim or final costs of and incidental to proceedings before it and may fix the amount of the costs or direct that the amount be taxed. Pursuant to subsection 56(2), the Commission may order by whom and to whom any costs are to be paid and by whom they are to be taxed and may establish a scale for the taxation of costs. The Commission regularly awards costs to public interest associations and individuals for their participation in Telecommunications proceedings, provided they have contributed to a better understanding of the issues by the Commission. By contrast, the Broadcasting Act does not empower the Commission to award costs; therefore, it cannot award costs in Broadcasting proceedings. However, the Broadcasting Participation Fund, established as part of a benefits package pursuant to the Commission approving the Bell purchase of CTV in Broadcasting Decision 2011-163, is an independent fund meant to help public interest and consumer groups offset the costs of participating in the Commission’s Broadcasting proceedings (see Broadcasting Regulatory Policy 2012-181).

Powers to make regulations prescribing fees

Under subsection 68(1), the Commission may, with the approval of the Treasury Board, make regulations prescribing fees, and respecting their calculation and payment, for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities for all telecommunications activities (except the National DNCL; see below) under the Act. Under subsection 68(2), fees required to be paid under section 68 constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction. Under section 41.21, the Commission may make regulations prescribing fees, for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under section 41.2 and that are not recovered under any regulation made under section 68.

Powers to obtain information and make inquiries

Section 37 provides the Commission with broad powers to require a Canadian carrier or a person other than a Canadian carrier to submit information considered necessary for the administration of the Act.

Pursuant to subsection 70(1), the Commission may appoint any person to inquire into and report to the Commission on any matter pending before the Commission or within the Commission's jurisdiction under the Act, or on which the Commission is required to report under section 14.

Confidentiality

Pursuant to subsection 39(1), a person who submits any of the following information to the Commission may designate it as confidential: (a) information that is a trade secret; (b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or (c) information the disclosure of which could reasonably be expected (i) to result in material financial loss or gain to any person, (ii) to prejudice the competitive position of any person, or (iii) to affect contractual or other negotiations of any person.

Pursuant to section 39, the Commission is allowed, but not required, to disclose information it has received which has been designated as confidential to the Commissioner of Competition appointed under the Competition Act or to a person whose duties and functions involve carrying out that Act, if such disclosure is in the public interest. Information disclosed is to be used only to facilitate the Commissioner of Competition’s participation in proceedings or matters before the Competition under the Act.

Enforcement powers

Mandatory orders and restraining orders

Under section 51, the Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under the Act, and may forbid a person to do anything that the person is prohibited from doing under the Act and under Division 1.1 of Part 16.1 of the Canada Elections Act (related to the Voter Contact Registry).

Inspection

Pursuant to subsection 71(1), the Commission may designate any qualified person as an inspector for the purpose of verifying compliance with the provisions of the Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act and with the decisions of the Commission under the Telecommunications Act.

Power to impose administrative monetary penalties (AMPs)

The Telecommunications Act provides the Commission with the power to impose administrative monetary penalties (AMPs) in the context of violations of the Unsolicited Telecommunications Rules and the National DNCL regime. Under section 72.01 of the Act, the Commission may impose AMPs when a contravention of a prohibition or requirement of the Commission under section 41 of the Act occurs. Since section 72.01 applies to any contravention of a requirement of the Commission, it also applies to any requirement to implement the National DNCL, including other telemarketing rules, and to the Voter Contact Registry regime.

Therefore, pursuant to section 72.01, every contravention of a prohibition or requirement of the Commission under section 41 constitutes a violation and the person who commits the violation is liable (a) in the case of an individual, to an AMP of up to $1,500; or (b) in the case of a corporation, to an AMP of up to $15,000.

General AMPs scheme

The Act was recently amended to provide the Commission with a general AMP scheme and with the power to impose AMPs for violations of the Voter Contact Registry regime.

Under the new general AMP provisions, section 72.001 empowers the Commission to impose an AMP for any contravention of the Act or of any Commission regulation or decision made under the Act. AMPs will be added to the Commission’s toolbox of remedies to deal with situations of non-compliance with Commission decisions, orders and regulations.

Section 72.003 empowers the Commission to impose AMPs in the course of a proceeding. For example, a party, as part of a Part 1 application, might allege a situation of non-compliance with the Act [such as a breach of the undue discrimination provision of subsection 27(2)] and ask the Commission to impose an AMP as part of the remedy for the situation.

Under section 72.005, a person who is designated to issue notices of violation may impose an AMP (similar to the current process for National DNCL and CASL AMPs). Under the rules of natural justice, all the investigation work and the matter of confronting the target with a proposed AMP amount must be done as part of the proceeding leading up to a Commission decision, where an AMP is a potential remedy among a range of remedies.

Subsection 72.002(1) lists the following factors for calculating the amount of the penalty: (a) the nature and scope of the violation; (b) the history of compliance by the person who committed the violation; (c) any benefit that the person obtained; (d) the person’s ability to pay; (e) any factors established by any regulations; and (f) any other relevant factor.

Such a provision is not contained in the legislation that created the National DNCL and Voter Contact Registry regimes, but the provision is similar to subsection 20(3) of CASL, where the factors are also expressly listed. New section 72.0093 of the Act provides that the Governor in Council (but not the Commission) may make regulations to establish factors other than those in Bill C-43 to be considered in determining the amount of the penalty.

The general AMP provision (new section 72.001) provides for the maximum amounts of the AMPs that can be imposed: (a) for an individual, up to $25,000, and for a subsequent contravention, up to $50,000; and (b) in any other case, up to $10 million, and for a subsequent contravention, up to $15 million.

Notices of violation

The addition of a general AMP scheme creates a regime that is similar to the existing AMP provisions for enforcing the National DNCL and Voter Contact Registry regimes. The new provisions substantially replicate the existing process for issuing an AMP via a notice of violation for breach of the National DNCL rules.

As with the existing National DNCL regime, the general AMP provisions contemplate that staff authorized to issue a notice of violation will conduct (or supervise) much of the process leading to an AMP. Staff conducts an investigation to see if the Commission’s rules have been breached. Section 72.005 provides that a notice of violation confronts the target with the results of the investigation and a proposed AMP amount. A new provision, section 72.006, contemplates that the target may enter into an undertaking, with conditions, which would cease the violation. Further, like under the current process for notices of violation, new section 72.007 provides that if a person served with a notice of violation pays the penalty proposed in the notice, the person is deemed to have committed the violation. If the person makes representations, section 72.007 also provides that the Commission is to decide whether the person committed the violation and the amount of the penalty. If the target neither makes representations nor pays the penalty, the person is deemed to have committed the violation.

As is currently the case, under the general AMP regime, a Commission decision is subject to a review and vary application and/or a motion for leave to appeal to the Federal Court of Appeal.

Offences

Pursuant to section 73, every person who contravenes any provision of the Act, or any regulation or decision made under the Act, or who fails to do anything required or does anything prohibited under a provision, regulation or decision made under the Act, is guilty of an offence punishable on summary conviction and liable to fines. However, section 73 is not often used, since the Commission’s focus is on regulatory compliance rather than punishment. Further, to enforce this provision the Commission would need to establish the same burden of proof as that required for a criminal prosecution, namely beyond a reasonable doubt. The resource cost to proceed under these sections is often disproportionate to the offending conduct. Other regulatory tools are usually considered more important.

Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules (UTRs) – designated person

Under section 41 of the Act, the Commission may, by order, prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications to the extent that the Commission considers it necessary to prevent undue inconvenience or nuisance, giving due regard to freedom of expression.

Under the Act, a designated person conducts investigations into possible contraventions.

Powers of designated person (inspector)

Pursuant to section 71 (4) an inspector may, subject to section 71 (5), for the purposes for which the inspector was designated an inspector,

1. [...] enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act or any special Act, and examine the document, information or thing or remove it for examination or reproduction;
2. make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;
3. reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and
4. use any copying equipment or means of communication in the place

Authority to use search power in certain circumstances

Pursuant to section 71(6), on an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

1. the dwelling-house is a place described in paragraph (4)(a);
2. entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act; and
3. entry has been refused or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

Requirement to submit information

Section 71(9) of the Act stipulates that an inspector who believes that a person is in possession of information considered necessary for the purpose of verifying compliance or preventing non-compliance with the Act or any special Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

Compliance and Enforcement Powers

Powers under Canada’s Anti-Spam Legislation (CASL)

Violations under CASL

Under section 6 of Canada’s Anti-Spam Legislation (CASL), it is generally prohibited to send commercial electronic messages to an electronic address without the recipient's consent (permission).

Section 7 of CASL prohibits the alteration of transmission data in an electronic message that results in the message being delivered to a different destination without express consent.

Section 8 of CASL prohibits the installation of computer programs without the express consent of the owner of the computer system or their agent, such as an authorized employee.

Under section 9 of CASL, it is prohibited to aid, induce, procure or cause to be procured the doing of any act contrary to any of sections 6 to 8.

Designated person

Pursuant to section 14 of CASL, the Commission designates Commission employees or classes of Commission employees to exercise any power under CASL. In particular, designated persons can use all the information-gathering tools, which include the issuance of a preservation demand (section 15) or a notice to produce (section 17). The designated person can also execute warrants pursuant to section 19.

Enforcement and information gathering powers

Pursuant to section 15, a person who is designated for the purpose of section 15 may cause a demand to be served on a telecommunications service provider requiring it to preserve transmission data that is in, or comes into, its possession or control.

Pursuant to section 17, a person who is designated for the purpose of section 17 may cause a notice to be served on a person requiring them to produce a copy of a document that is in their possession or control, or to prepare a document based on data, information or documents that are in their possession or control and to produce that document.

Warrants

Pursuant to section 19, on an ex parte application, a justice of the peace may issue a warrant authorizing a designated person to enter a place if proven that entry to the place is necessary to verify compliance, determine whether any of sections 6 to 9 of CASL has been contravened or assist an investigation or proceeding in respect of a contravention of similar laws of a foreign state.

Injunction powers

Pursuant to section 41 if, on the application of a designated person, a court of competent jurisdiction is satisfied that a person is about to do or is likely to do anything that constitutes or is directed toward the contravention of any of sections 6 to 9 of CASL, the court may issue an injunction ordering any person named in the application to refrain or to prevent those violations.

Power to impose administrative monetary penalties (AMPs)

CASL provides for three categories of remedies or penalties:

1. notices of violation accompanied by AMPs for violations of sections 6 to 9 of up to $1,000,000 for individuals and $10,000,000 for other entities;
2. criminal offences for obstructing an investigation; and
3. a private right of action for persons suffering actual loss or damage as a result of non-compliance with CASL or with the related prohibitions contained in the Competition Act and the Personal Information Protection and Electronic Documents Act. The private right of action is not in force and will only become available once it is brought in force through an order in council issued by the Governor in Council on the advice of the department of Innovation, Science and Economic Development.

Information sharing provisions

Under section 60 of CASL, the Commission may enter into agreements to share information with:

1. the government of a foreign state
2. an international organization of states
3. an international organization established by the governments of states
4. any institution of any such government or organization

Voter Contact Registry – A new mandate under the Canada Elections Act and the Telecommunications Act

Together, the Canada Elections Act and the Telecommunications Act give the Commission the responsibility of administering and enforcing a Voter Contact Registry regime.

Registration with the Commission is required for certain entities making voter contact calls during an election for any purpose related to the election.

The totality of the provisions came into force on the day the previous parliamentary session was dissolved (4 August 2015).

Under the Canada Elections Act, the Commission

• must establish and maintain the Voter Contact Registry
• must keep all documents provided to it through the registration process
• must disclose documents and information to the Commissioner of Canada Elections upon request
• must publish the registration notices as soon as feasible but no later than 30 days after polling day
• may delegate powers, duties, and functions to any person
• may authorize the types of and copies of pieces of identification that will be accepted, most notably for the purposes of registration with the Commission

Obligations regarding voter contact calls

The obligations are related to making calls to voters during an election period, known as voter contact calling services.

Obligations depend on the types of calls being made and who is making them (e.g., using a calling service provider or internal services, making live or Automatic Dialing-Announcing Device [ADAD] calls).

Definition of voter contact calling services

Under section 348.01 of the Canada Elections Act, the definition of voter contact calling services is very broad. The definition provided is non-exhaustive. These services involve the making of calls during an election period for any purpose related to an election, including (a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated; (b) encouraging electors to vote or to refrain from voting; (c) providing information about the election, including information about voting hours and the location of polling stations; (d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and (e) raising funds for a registered party, a registered association, a candidate or a nomination contestant.

Using a calling service provider to make calls

A calling service provider is a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group.

Under section 348.02 of the Canada Elections Act, only the following persons or groups can enter into an agreement with a calling service provider for voter contact calling services: (a) a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group; (b) a candidate; and (c) an individual who is an unregistered third party. For each of the first two persons or groups, the Canada Elections Act states that there is a person who is authorized to enter into the agreement on behalf of these persons or groups (i.e., the official representative).

Using a calling service provider – before entering into an agreement

Under section 348.03 of the Canada Elections Act, there is an obligation for a person to inform the calling service provider with which it plans to enter into an agreement that the agreement is for voter contact calling services.

Under section 348.04 of the Canada Elections Act, there is an obligation for calling service providers to obtain and keep identification information from the person or group with whom they plan to enter into an agreement to provide voter contact calling services. The calling service provider must obtain the client’s name, address and telephone number and a copy of a piece of identification authorized by the Commission. The calling service provider must keep a record of the information and a copy of the identification for one year after the end of the election period.

Using a calling service provider – before the first call is made

Under subsection 348.05(1) of the Canada Elections Act, there is an obligation for calling service providers to confirm the nature of services that will be provided. The calling service provider must ask the client whether the calls to be made are voter contact calls.

Under subsection 348.05(2) of the Canada Elections Act, there is an obligation for the client to authorize the provision of voter contact calling services pursuant to an agreement. This authorization can be done by anyone who is allowed to enter into an agreement.

Under subsections 348.05(3) and (4) of the Canada Elections Act, there are obligations for calling service providers related to obtaining and keeping identification information, which vary depending on whether an existing contract for calling services is in place.

Online registry

The Commission has set up a secure online registry that accepts registrations and copies of identification information.

Registration requirements are set out in the Canada Elections Act and depend on who is making the calls and how.

Using a calling service provider – registration requirements under sections 348.06 and 348.07 of the Canada Elections Act

• Who must register:
  • everyone using a calling service provider must file a registration notice; and
  • the calling service provider itself must also file a registration notice.
• The registration notice must be filed not later than 48 hours after the first call is made.
• The person who files the registration notice on behalf of the client must provide the Commission with the client’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains the client’s name.
• Identification information must be provided at the same time the registration notice is filed.
• A calling service provider must file a registration notice but is not required to provide a copy of identification upon registration.

Using internal services to make live calls – registration requirements under section 348.08 of the Canada Elections Act

• Who must register:
  • a third party that is a corporation or group that uses its internal services to make live voice calls must file a registration notice with the Commission.
• The registration notice must be filed not later than 48 hours after the first call is made.
• The official representative who files the registration notice must provide the Commission with a piece of identification authorized by the Commission that contains their name.
• Identification information must be provided at the same time the registration notice is filed.

There are no registration requirements for live voice calls made by political parties, candidates, etc. when they use their internal services to make the calls.

Using internal services to make ADAD calls – registration requirements under section 348.09 of the Canada Elections Act

• Who must register:
  • anyone using internal services to make calls by means of an ADAD must file a registration notice with the Commission.
• The registration notice must be filed not later than 48 hours after the first ADAD call is made.
• The official representative must provide the Commission with a copy of a piece of identification authorized by the Commission that contains their name.
• Required information must be provided at the same time the registration notice is filed.

Enforcement powers

The Commission’s enforcement powers are found in Part V of the Telecommunications Act.

The Commission has designated

• inspectors for the purpose of verifying compliance [subsection 71(1)]
• persons, or classes of persons, who are authorized to issue notices of violation (section 72.04)

Compliance and Enforcement officers

• conduct inspections and investigations to verify compliance with the Voter Contact Registry provisions
• issue notices of violation
• impose AMPs to encourage compliance

Notices of violation

Under section 72.07 of the Telecommunications Act, a person authorized to issue notices of violation who believes on reasonable grounds that a person has committed a violation may issue a notice of violation. The notice of violation must set out

• the name of the person believed to have committed a violation
• the violation(s)
• the penalty for the violation
• the right of the person to pay the penalty or to make representations
• the fact that, if the person does not pay the penalty or make representations, the person will be deemed to have committed the violation and the Commission may impose the penalty

Representations

A Commission panel will decide, on a balance of probabilities, whether the person committed the violation and, if so, whether to impose the penalty [subsection 72.08(2)].

A Commission panel will consider the representations made by the person against whom the notice of violation has been served.

Subsection 72.15(1) provides for a defence of due diligence.

Review and vary

There is a right to review and rescind or vary any Commission decision under section 62 of the Telecommunications Act. The Commission will consider applications to review and vary its decisions.

Administrative monetary penalties

The maximum penalty that can be assigned for each violation with respect to the Voter Contact Registry is $1,500 for individuals and $15,000 for corporations or groups (sections 72.01 and 72.2).

The total amount of an AMP can accumulate, as the amount set out in the Telecommunications Act applies to each violation and each day of non-compliance constitutes a violation.

The purpose of an AMP is to promote compliance, rather than to punish non-compliance.

The amount of any penalty should take into account the following factors:

• the nature and scope of the violation;
• any benefit that the person obtained from the commission of the violation;
• the person’s ability to pay the penalty;
• the person’s history of compliance with the requirements of the Voter Contact Registry and any relevant history of compliance with the Rules; and
• any other relevant factor.

Appendix 12

Code of Conduct for CRTC members

A. Introduction

Purpose

Parliament has mandated the CRTC to regulate and supervise Canada’s communications system. At the core of this mandate is the duty to serve the public interest by putting Canadians at the centre of that system.

Members of the CRTC play a critical role in carrying out this mandate. As Governor in Council appointees, members are expected to uphold the highest ethical standards and to respect the principles of any code of conduct that is applicable to them^{Footnote 2}.

The provisions of this Code of Conduct (the Code) support the CRTC’s commitment to provide fair, transparent, credible and impartial public processes that are efficient and effective.

This Code aims to provide guidance on the standards of conduct that specifically apply to members in their role as independent and impartial decision-makers. The Code is meant to supplement any obligations contained in the Canadian Radio-television and Telecommunications Commission Act as well as those set out in applicable legislation, guidelines, codes or other instruments.

Scope

• This Code applies to all the members of the CRTC.
• Nothing in the Code shall adversely affect the members’ independence in their decision-making.
• Although the Code cannot cover all situations, members are expected to act at all times with professionalism and integrity, in good faith, in an ethical manner and in accordance with the requirements of procedural fairness.

Administration of the Code

• The Chairperson is responsible for the administration of the Code.
• Where there is a question as to the interpretation of the Code, members should direct themselves to the Chairperson, the Secretary General and/or the champions for Conflict of Interest or for Values and Ethics.^{Footnote 3}
• Members are encouraged to identify as soon as possible any situation that may adversely affect the integrity of the CRTC.

B. Members’ responsibilities to the tribunal

Compliance with laws, guidelines and policies

• Members are invited to familiarize themselves with the obligations contained in the following documents:
  • Canadian Radio-television and Telecommunications Commission Act
  • Conflict of Interest Act
  • Ethical Guidelines and Statutory Standards of Conduct
  • Guidelines for the Political Activities of Public Office Holders
  • Values and Ethics Code for the Public Sector
  • Work Place Harassment and Violence Prevention Regulations
  • CRTC Code of Conduct
  • CRTC Policy on Workplace Harassment and Violence Prevention
• Members must comply with applicable laws, guidelines and Treasury Board of Canada Secretariat policies (e.g., for travel, confidentiality of information, security and information management).
• Members shall not commit or condone any illegal or unethical act and shall not encourage such acts by anyone.

Collegiality, civility and prevention of harassment and violence in the workplace

• Members should strive to maintain and improve the CRTC’s workplace as an inclusive, collegial and stimulating environment for everyone.
• Members shall lead by showing, at all times, respect, professionalism, civility and courtesy to their fellow members, CRTC staff, parties and their representatives, and public servants in general.
• Members shall also lead by example by adhering to the CRTC Policy on Workplace Harassment and Violence Prevention and completing the related mandatory training for CRTC executives.

Expertise

• In fulfillment of the CRTC’s mandate to regulate and supervise Canada’s communications system in the public interest, it is incumbent on each member to maintain a high level of professional competence and expertise in the field.
• Members should be willing to share their knowledge, professional competence and expertise with fellow members and CRTC staff with a view to enhancing the quality of the CRTC’s work.

Consistency in decisions

• In making decisions, members must take into account any applicable decisions by the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal and any other court.
• Members are responsible for promoting the institutional interest of the CRTC in ensuring that its decisions are consistent.
• Members shall provide a rationale when they intend to deviate from previous CRTC decisions.

Communications

• Communications and comments by members may have an impact on the CRTC’s reputation or its proceedings. In some cases, such communications or comments may raise a reasonable apprehension of bias.
• For this reason, members shall obtain prior authorization from the Chairperson before communicating with the media, government, elected officials or their staff, regarding issues related to the work of the CRTC on any matter that might raise a reasonable apprehension of bias or might adversely reflect on the reputation of the CRTC. Members shall also obtain authorization from the Chairperson before making public comments or stating their opinion regarding issues related to the work of the CRTC. Types of communication include the Internet, radio, blogs, social media, virtual communities or online forums of organizations and their relevant or related websites.

Social media

• Members should exercise discretion when using social media for personal purposes and should not identify themselves as members of the CRTC on social media sites. However, they may identify themselves as members of the CRTC on professional social networks such as LinkedIn.

C. Members’ responsibilities to the parties^{Footnote 4} in proceedings^{Footnote 5}

Communication with the parties

• To maintain their independence and impartiality, members shall not communicate, directly or indirectly, with parties, witnesses or representatives with regard to a proceeding, except during a hearing when all parties and their representatives are present, unless the other parties have chosen not to participate in the proceeding.
• It would be inappropriate for members to make comments about the merits of a case.

Natural justice and procedural fairness

• Members shall abide by the principles of natural justice.
• Members are encouraged to properly prepare before hearings and to be objective and open during hearings.
• Members show leadership by acting with dignity, respect, courtesy, fairness, discretion and impartiality during proceedings before the CRTC.
• All parties appearing before the CRTC are entitled to be treated without discrimination or favouritism.

D. Members’ responsibilities to the public

Conflict of interest

Members of the CRTC are subject to the Conflict of Interest Act. The following provides complementary clarifications relevant to members in their capacity as independent and impartial decision-makers:

• Members shall identify any actual, potential or apparent conflict of interest or anything that may be perceived as a conflict involving them that could arise in the course of their duties.
• Where any actual, potential or apparent conflict of interest is identified, members must faithfully and honestly consider the relevant facts and circumstances and determine an appropriate course of action, up to and including recusing themselves from a matter.^{Footnote 6}
• Members shall refrain from taking part in activities that are or could appear to be incompatible with their role as CRTC members or that could raise doubts about their ability to exercise independent judgment, their integrity or their impartiality.^{Footnote 7}
• Former members are subject to post-employment restrictions upon leaving the CRTC. Members are prohibited from being influenced by prospects of future employment in their decision-making and are subject to a cooling-off period that restricts their professional activities upon leaving office.

Gifts

• Members are expected to comply with the legislative requirements of the Conflict of Interest Act and the guidelines applicable to public office holders with respect to the acceptance of gifts. These requirements are intended to ensure that members do not accept gifts where these might reasonably be seen to have been given to influence them in the exercise of their official duties.

E. Acknowledgement

Upon their initial appointment and each year thereafter, on the anniversary of their appointment to the CRTC, members will review the Code (as amended) and sign it to reaffirm their commitment to respect its principles.

I ACKNOWLEDGE that I have read and understood the Code of Conduct for CRTC members, and I agree to respect the principles of the Code.

(Member’s name and signature)

(Date)

Appendix 13

Detailed training program for new Commission chairperson and CEO

*The training included in this table includes Canada School of Public Service (CSPS) courses. Registration to the school’s system is required, as is the use of Microsoft Chrome or Edge browsers.

Date modified:

2023-05-24