ARCHIVED - Public Notice CRTC 2000-141

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Public Notice CRTC 2000-141
Ottawa, 6 October 2000

Amendments to CRTC Rules of Procedure

1.

The Commission hereby announces that it has made amendments to the CRTC Rules of Procedure, the rules that govern procedure in broadcasting matters. The amendments reduce the minimum period that must elapse between the time that notice of an application is published in the Canada Gazette and the date of a public hearing to consider the application. Before the amendments, the Rules specified that this minimum period was 50 days; now the minimum period is 30 days.

2.

The amendments, adopted as proposed, are set out in Rules Amending the CRTC Rules of Procedure, a copy of which is appended to this notice.

3.

As the Commission stated in Public Notice CRTC 2000-111, in which it proposed the amendment, a 50-day minimum publication period is appropriate in many cases. In other cases, however, it has limited the flexibility and planning ability of the Commission.

4.

The Commission stresses that it will not utilize the shorter publication period without considering whether it is warranted, taking into account all of the circumstances surrounding an application.

5.

The Commission called for comments on the proposed amendments in Public Notice CRTC 2000-111 on 3 August 2000. The deadline for receipt of comments was 5 September 2000. Twelve comments were received, including one that opposed the proposed amendments. The Commission acknowledges those who filed comments and thanks them for their interest.

Secretary General


This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca.

 

SOR/2000-357

RULES AMENDING THE CRTC RULES OF PROCEDURE

AMENDMENTS

1. The portion of paragraph 4(2)(b) of the CRTC Rules of Procedure1 before subparagraph (ii) is replaced by the following:
(b) publish a notice of the application, in such form as may be prescribed by the Commission,
(i) in the Canada Gazette not less than 30 days before the day fixed for the commencement of the public hearing, and
2. (1) Subsection 5(1) of the Rules is replaced by the following:
5. (1) Subject to subsections (1.1), (2) and (3), if the Commission proposes to hold a public hearing in respect of an application that was filed either by a licensee who holds a licence for the area in respect of which the application was filed or by any person in respect of the broadcasting undertaking of a licensee, the licensee shall, at their own expense, broadcast, over their own facilities, if any, within the area normally served or to be served by the broadcasting undertaking to which the public hearing relates, a notice of the public hearing stating
(a) the day fixed for the commencement of the public hearing;
(b) the nature of the matters to be heard at the public hearing; and
(c) the rights of all persons in respect of the public hearing, including the time for filing an intervention.
(1.1) The notice referred to in subsection (1) shall be broadcast as follows:
(a) if the notice relates to a notice of an application that is published under subparagraph 4(2)(b)(i) 50 days or more before the day fixed for the commencement of the public hearing, at least four times during the period that begins on the date of publication of the notice of application and ends on the day that is 40 days before the day fixed for the commencement of the public hearing; and
(b) if the notice relates to a notice of an application that is published under subparagraph 4(2)(b)(i) less than 50 days before the day fixed for the commencement of the public hearing, at least four times during the period that begins on the date of publication of the notice of application and ends on the day that is 20 days before the day fixed for the commencement of the public hearing.
(2) Subsection 5(3) of the Rules is replaced by the following:
(3) Where the Commission determines that broadcasts of a notice of a public hearing are not necessary, it may, in lieu of those broadcasts, require the applicant to serve on those persons that appear to have an interest in the application a notice of the public hearing stating the information set out in paragraphs (1)(a) to (c).
3. Section 7 of the Rules is replaced by the following:
7. No application shall be considered or dealt with by the Commission until 30 days have elapsed after the day on which a notice of the application has been published under subparagraph 4(2)(b)(i).
4. Section 15 of the Rules is replaced by the following:
15. Unless the Commission or the notice of an application published under subparagraph 4(2)(b)(i) directs otherwise, an intervention shall be filed and served
(a) if the notice of the application is published 40 days or more before the day fixed in that notice for the commencement of the public hearing, at least 20 days before that day; and
(b) if the notice of the application is published less than 40 days before the day fixed in that notice for the commencement of the public hearing, at least 15 days before that day.

COMING INTO FORCE

5. These Rules come into force on the day on which they are registered.


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1 C.R.C., c. 375

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