Broadcasting - Staff Letter addressed to Monica Auer (Forum for Research and Policy in Communications (FRPC))
Ottawa, 15 June 2023
Our Reference(s): 1011-NOC2023-0139, 1011-NOC2023-0140
BY E-MAIL
Monica Auer, M.A., LL.M.
Executive Director
Forum for Research and Policy in Communications (FRPC)
Ottawa, Ontario
execdir@frpc.net
Re: Broadcasting Notices 2023-139 and -140 – Procedural request to allow parties to submit new information or evidence in their replies
On 13 June 2023, the Commission received a procedural request filed by Forum for Research and Policy in Communications (FRPC) for the following two proceedings: Broadcasting Notice of Consultation 2023-139 (BNC 2023-139) and Broadcasting Notice of Consultation 2023-140 (BNC 2023-140).
FRPC requested that the Commission grant parties that submitted comments by 12 June 2023 (comment period) the explicit opportunity to submit new information or evidence in their replies, because they were unable to gather, analyze, and include evidence in their comments. By letter dated 14 June 2023, the Public Interest Advocacy Centre supported this request.
Commission staff confirms that parties that submitted comments in the comment period may submit new information or evidence when they file a reply, by 27 June 2023, to matters raised during the comment period. Such an approach is consistent with the Rules of Practice and Procedure as well as the procedure established in BNC 2023-139 and BNC 2023-140, which does not preclude parties having filed comments in the comment period from filing new information or evidence in response to matters raised during the comment period.
Having said that, Commission staff clarifies that allowing parties to file new information or evidence in relation to matters not raised in the comment period would effectively amount to granting an extension of the deadline to file comments in the comment period, which the Commission has already denied.
On 9 June 2023, the Commission responded to another request sent jointly by twelve groups to extend the deadlines for BNC 2023-139 (Secretary General letter) and BNC 2023-140 (Secretary General letter). That request was supported by several parties. In its responses, the Commission acknowledged comments received on the request and expressed the view that the deadlines set out for those two proceedings provided the parties with sufficient time to make initial submissions and did not grant an extension.
Considering the Commission decisions noted above, Commission staff is of the view that it would be inappropriate to allow parties to file new information or evidence with regards to matters that were not raised during the comment period.
A copy of this letter and all related correspondence will be added to the public records of the BNC 2023-139 and BNC 2023-140 proceedings.
Sincerely,
Amy Hanley for Scott Shortliffe
Executive Director, Broadcasting, CRTC
CC:
John Lawford
Counsel to PIAC
jlawford@piac.ca
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