General questions and answers about the new converged Rules of Procedure
Why new rules of procedure?
Prior to April 1st, 2011, the Commission's broadcasting proceedings were conducted under the CRTC Rules of Procedure (C.R.C., c.375), and its telecom proceedings under the CRTC Telecommunications Rules of Procedure (SOR/79-544). Both sets of rules were enacted before the telecom and broadcasting industries began to converge, before increased competition led to deregulation, and before there was an Internet. To reflect these changes in the industry, bring the rules up to date and streamline the Commission’s processes, the Commission adopted new CRTC Rules of Practice and Procedure (SOR/2010-277). These new rules apply to most Commission proceedings in both broadcasting and telecom.
In what situations do the new rules of procedure apply?
The new rules of procedure apply to proceedings. Proceedings start when a person files an application or a complaint, or the Commission begins a proceeding on its own initiative by issuing a notice of consultation. The only cases where the rules do not apply are:
- When dealing with a violation of the Unsolicited Telecommunications Rules or the National Do Not Call List Rules. Procedures for these situations are included in the Telecommunications Act.
- When conducting administrative broadcasting proceedings (with the exception of the confidentiality rules, which apply to these proceedings).
What has changed?
A major change resulting from the combined rules of procedure concerns Part 1 proceedings. In broadcasting, all licence amendment applications not dealt with under the administrative process, and all undue preference complaints, are processed under the Part 1 proceedings. In telecom, former Part VII applications are processed under the Part 1 proceedings.
Under the Part 1 proceedings, parties have certain obligations, such as using the appropriate on-line form for their application, filing electronically, and serving respondents before filing their application with the Commission. The deadlines for intervening or responding, and for filing a reply in a proceeding, will be calculated from the day the application is posted on the Commission’s website.
How to find out if a proceeding has begun?
Information about proceedings is available on the Commission's website in "Today's Releases" for proceedings initiated by a notice of consultation and for applications subject to Part 1 proceedings. For the Part 1 applications a link to the "All Public Proceedings open for comments." page is provided. In addition, notice of certain proceedings will be published in the Canada Gazette Part 1, and in certain newspapers, in accordance with Section 19 of the Broadcasting Act.
How to file and serve documents?
Under the new rules, documents must be filed and served in certain ways.
To file documents:
- Applications. Applications must be filed through My CRTC Account.
- Interventions answers. These are processed most efficiently if you use the on-line options (the intervention/comment/answer by respondent form or, where the submission includes confidential information, My CRTC Account).
- Replies. These are processed most efficiently if you use My CRTC Account.
- Procedural requests. If you are filing a procedural request, such as a request to change a procedure after it has started, the preferred filing method, and the one that will result in its most efficient processing, is to use My CRTC Account.
Interventions, responses, replies and procedural requests can also be delivered to the Office of the Secretary General by hand, mail or using electronic means, such as a fax, that permit its intelligible reception.Please note that the Rules do not provide for the filing of the above documents to the individual email address of any member of the organization, including the Secretary General. Alternative filing arrangements may be made in exceptional circumstances, such as for reasons of accessibility.
To serve documents:
To ensure that those most affected by a document are aware it has been filed, the Commission requires you to serve certain documents on the respondents. A document can be served in any of three ways:
- By hand. Deliver a copy of the document to the person or their designated representative by hand.
- By mail. Mail a copy of the document to the last known address of the person or of their designated representative.
- Electronically. Send the document by any electronic means that permits its intelligible reception by the person or their designated representative.
How is the Commission managing the transition between the old and new rules?
The new rules of procedure apply to all proceedings before the Commission as of 1 April 2011, on a going-forward basis.
In order to make sure that you are made aware of any changes to the procedure, pay attention to the end tail of the notices of consultation called “procedure”, any dashes to public notices and, the column entitled “related documents” in the public proceedings open for comments page where procedural letters changing the process will be posted for part 1 proceedings.
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