ARCHIVED - Compliance and Enforcement Commission Letter Addressed to Ari Rozin (Blackstone Learning Corp.)
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Ottawa, 22 January 2015
BY E-MAIL AND COURIER
Our File No.: 9102-201400305-010
Blackstone Learning Corp.
52 McLarty Gate
Aurora, Ontario L4G 0G5
Blackstone Learning Corp.
107 Weslock Cres., Unit 2B
Aurora, Ontario L4G 7Z4
Re: Notice to Produce in File No. 9102-201400305-010 - Request for review from Blackstone Learning Corp.
On 7 November 2014, pursuant to An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (the Act), a designated person for the purpose of section 17 of the Act served a notice to produce (NTP) on Blackstone Learning Corp. (Blackstone)
The NTP required Blackstone to produce certain documents by 21 November 2014. On 20 November 2014, this deadline was extended to 3 December 2014 by the designated person, at Blackstone’s request. Blackstone subsequently sought a review of the NTP.
Section 18(1) of the Act provides that an application by a person for review of an NTP must be brought before they are required to produce a document.
Part 5 of the NTP served on Blackstone also provides that a request for review must occur within the time limit set out in Part 3 of the Notice, and establishes the process for making such an application to the Commission by fax or postal mail. Blackstone was also informed by emails from the designated person dated 26 and 27 November 2014 that it needed to follow the procedure set out in Part 5, and needed to comply with the extended deadline.
On 4 December 2014, Blackstone sent an email to the designated person stating, “Please consider this a formal request for a review based on the unreasonable request to produce the documents in the given time.”
The Commission notes that Blackstone was made aware of the applicable procedure and deadline for requesting a review both by the NTP itself, and through emails exchanged with the designated person. The Commission considers that Blackstone’s request for review, which was made by email after the 3 December 2014 deadline, provides no explanation as to why it was unable to comply with the deadline, and gives no reasons why a late submission should be accepted by the Commission. The Commission notes that even if Blackstone’s request had been made within the applicable deadline, it provides no reasons or arguments to support its assertion that the NTP is unreasonable.
In light of these considerations, the Commission denies Blackstone’s request for review on the basis that it does not conform to the procedures established in the NTP, or with the requirement in section 18(1) of the Act that such an application be brought before the documents at issue are required. Blackstone is therefore required to produce the documents specified in the NTP in the form and manner set out therein, to the designated person, by 29 January 2015.
Pursuant to subsection 18(5) and section 27 of the Act, Blackstone has the right to appeal this decision by bringing an appeal in the Federal Court of Appeal within 30 days after the day on which the decision is made. An appeal on a question of fact may be brought only with the leave of the Federal Court of Appeal, an application for which must be made within 30 days after the day on which the decision is made. An appeal with leave may not be brought later than 30 days after the day on which leave to appeal is granted.
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