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Vol. 144, No. 31 — July 31, 2010

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:

“Notice is hereby given, pursuant to paragraphs 168(1)(b), 168(1)(d) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the organization listed below and that the revocation of the registration is effective on the date of publication of this notice.”

Business Number

Name/Address

867106528RR0001

4 PAWS RESCUE SOCIETY OF HOMELESS ANIMALS, LAMONT, ALTA.

CATHY HAWARA
Acting Director General
Charities Directorate

[31-1-o]

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of charities

Following a request from the charities listed below to have their status as a charity revoked, the following notice of intention to revoke was sent:

“Notice is hereby given, pursuant to paragraph 168(1)(a) of the Income Tax Act, that I propose to revoke the registration of the charities listed below and that by virtue of paragraph 168(2)(a) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette.”

Business Number

Name/Address

102774700RR0001

KATHLEEN MEEK FOUNDATION, NORTH VANCOUVER, B.C.

105203731RR0001

THE CLARKSON GORDON CAPITAL FOUNDATION, TORONTO, ONT.

107396905RR0020

THE GARDEN FIRST FOURSQUARE GOSPEL CHURCH OF CALGARY, CALGARY, ALTA.

107444721RR0001

GRACE LUTHERAN CHURCH, MEDICINE HAT, ALTA.

107585085RR0052

SACRED HEART PARISH, WHITEFISH RESERVE, SK, DEBDEN, SASK.

107585515RR0023

PAROISSE STE-ANGÈLE-DE-FREDERICKHOUSE, COCHRANE (ONT.)

107951618RR0162

THE SALVATION ARMY - CAMP WOODLANDS, WOODLANDS, MAN.

107991929RR0001

SŒURS DU SACRÉ-CŒUR DE JÉSUS (SAINT-HUBERT), GATINEAU (QC)

108154683RR0001

PONOKA UNITED CHURCH LARGER PARISH, PONOKA, ALTA.

118802263RR0001

BEEBE PASTORAL CHARGE, STANSTEAD, QUE.

118828185RR0001

CANAAN IN THE WOODLANDS INC., TRACY, N.B.

118840370RR0001

CASTLEGAR AND DISTRICT PROJECT SOCIETY, CASTLEGAR, B.C.

118864248RR0001

CIRCLE WEST PRESBYTERIAN CHURCH, SASKATOON, SASK.

118892074RR0001

ECHO DALE FARM SOCIETY, MEDICINE HAT, ALTA.

119076495RR0001

PARENTS AND FRIENDS BAND ASSOCIATION, BLENHEIM, ONT.

119100543RR0001

PRESBYTERIAN WOMEN’S MISSIONARY SOCIETY, WESTERN DIVISION, ASHFIELD AFTERNOON AUXILIARY, PRESBYTERIAN CHURCH, LUCKNOW, ONT.

119139384RR0001

SARNIA CURSILLO MOVEMENT, CORUNNA, ONT.

119205763RR0002

SUNDRIDGE PARISH COUNCIL, SOUTH RIVER, ONT.

119233690RR0001

THE FRANK A. LUCAS FOUNDATION/LA FONDATION FRANK A. LUCAS, MONTRÉAL, QUE.

119265957RR0001

TORONTO CENTER FOR CONTEMPORARY ART, TORONTO, ONT.

125593657RR0228

THE AIR CADET LEAGUE OF CANADA #399 WILKIE SQUADRON, SENLAC, SASK.

128015567RR0001

SENIORS ACTIVITY CENTRE (CARLINGWOOD) INC., OTTAWA, ONT.

130244973RR0001

ÉGLISE BAPTISTE ÉVANGÉLIQUE DE LACHINE, LACHINE (QC)

131921660RR0001

CALGARY NATIVE PENTECOSTAL CHURCH, CALGARY, ALTA.

135902336RR0001

OTTAWA-CARLETON FEDERATION OF TEMPLE ISRAEL YOUTH, OTTAWA, ONT.

136293339RR0001

H.I.V.-T. GROUP ONTARIO (BLOOD TRANSFUSED), TORONTO, ONT.

137654950RR0001

DRAYTON VALLEY INDOOR PLAYGROUND SOCIETY, DRAYTON VALLEY, B.C.

145283461RR0001

ODACE ÉVÉNEMENTS, MONTRÉAL (QC)

816030472RR0001

WORLD DIRECT ASSIST FOUNDATION, NORTH VANCOUVER, B.C.

817278542RR0001

CHRISTIAN RODDERS AND RACERS ASSOCIATION OF CANADA, AIRDRIE, ALTA.

827979568RR0001

SIDOO FAMILY FOUNDATION, VANCOUVER, B.C.

829278365RR0001

LA MAISON VIET-CA, MONTRÉAL (QC)

835579558RR0001

H.I.V. SOCIETY OF SOUTHEASTERN ALBERTA, MEDICINE HAT, ALTA.

837132364RR0001

VICTORIA COMMUNITY LABYRINTH SOCIETY, VICTORIA, B.C.

854137486RR0001

THE SYNTAX FOUNDATION / LA FONDATION SYNTAX, MONTRÉAL, QUE.

860521558RR0001

TORONTO GRACE FOUNDATION, TORONTO, ONT.

864320593RR0001

KAWARTHA LAKES CLEANUP COMMITTEE, LAKEFIELD, ONT.

864425657RR0001

INTERIOR EYECARE SOCIETY, ARMSTRONG, B.C.

864575899RR0001

HILLSIDE COMMUNITY CHURCH, ALDERGROVE, B.C.

866496367RR0001

ALBERTA HERITAGE FOUNDATION FOR SCIENCE AND ENGINEERING RESEARCH, EDMONTON, ALTA.

867993826RR0001

ROBSON GOSPEL FELLOWSHIP, ROBSON, B.C.

868561523RR0001

ADRIENNE CLARKSON PUBLIC SCHOOL COUNCIL, RICHMOND HILL, ONT.

868998410RR0001

L’ÉGLISE DES ŒUVRES DE JÉSUS CHRIST, ROCKLAND (ONT.)

869745364RR0001

SERVICE D’AIDE AUX PERSONNES ACCIDENTÉES DU TRAVAIL ET DE LA ROUTE “PARECHOC” DU K.R.T.B., RIVIÈRE-DU-LOUP (QC)

870231305RR0001

PROJECT GENESIS VANCOUVER SOCIETY, VANCOUVER, B.C.

870594751RR0001

NOVA SCOTIA CREDIT UNIONS CHARITABLE FOUNDATION, HALIFAX, N.S.

872055611RR0001

ALSASK CENTRE OF THE ARTS INC., ALSASK, SASK.

872346358RR0001

ROSELAWN PUBLIC SCHOOL COUNCIL, RICHMOND HILL, ONT.

874296171RR0001

THE HUNTINGDON ZABITSKY FAMILY FOUNDATION/ LA FONDATION DE LA FAMILLE ZABITSKY DE HUNTINGDON, GODMANCHESTER, QUE.

875221814RR0001

JIM MACPHERSON MEMORIAL SOCIETY, DARTMOUTH, N.S.

877320317RR0001

THE TREVOR CARSEN MILLAR LEGACY FUND, ARMSTRONG, B.C.

886469360RR0001

MANFRED KOLKING SCHOLARSHIP TRUST, CALEDON EAST, ONT.

886528876RR0001

JAMES KURTZ MEMORIAL FOUNDATION INC., REGINA, SASK.

887546596RR0001

PLYMOUTH UNITED BAPTIST CHURCH, PLYMOUTH, N.S.

889040242RR0001

OUR LADY OF FATIMA R.C. PARISH, FAIRLIGHT, SASK.

889651410RR0001

RICHMOND CHINESE SCHOOL FOUNDATION, RICHMOND, B.C.

890324379RR0001

JEAN SLADE FOUNDATION, OXFORD, N.S.

890375579RR0001

CANADIAN THOUSAND ISLANDS HERITAGE CONSERVANCY, LANSDOWNE, ONT.

890474968RR0001

FONDATION BANQUE LAURENTIENNE DU CANADA/LAURENTIAN BANK OF CANADA FOUNDATION, MONTRÉAL (QC)

890528698RR0001

PARSIFAL WALDORF SCHOOL, OTTAWA, ONT.

890910045RR0001

ARTHUR STUART TUCKER TRUST, TORONTO, ONT.

890931348RR0001

WINNIPEG FLYING CLUB CHARITABLE TRUST, ST. ANDREWS, MAN.

891433815RR0001

THE ANDY FUND OF KINGSTON, NAPANEE, ONT.

892352246RR0001

ENSEMBLE CHORÉGRAPHIQUE SPORTIF ET MUSICAL MÉTROPOLITAIN DU QUÉBEC, MONTRÉAL (QC)

892831561RR0001

THE INTERNATIONAL DYSLEXIA ASSOCIATION, BRITISH COLUMBIA BRANCH, RICHMOND, B.C.

897035804RR0001

F.A.S.D. COMMUNITY CIRCLE – VICTORIA, VICTORIA, B.C.

CATHY HAWARA
Acting Director General
Charities Directorate

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The following notices are abridged versions of the Commission’s original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:

— Central Building, Les Terrasses de la Chaudière, Room 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, 819-997-2429 (telephone), 994-0423 (TDD), 819-994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 426-6997 (TDD), 902-426-2721 (fax);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, 204-983-6306 (telephone), 983-8274 (TDD), 204-983-6317 (fax);

— 530–580 Hornby Street, Vancouver, British Columbia V6C 3B6, 604-666-2111 (telephone), 666-0778 (TDD), 604-666-8322 (fax);

— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone), 283-8316 (TDD), 514-283-3689 (fax);

— CRTC Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone), 416-954-6343 (fax);

— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, 306-780-3422 (telephone), 306-780-3319 (fax);

— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone), 780-495-3214 (fax).

Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.

Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

2010-491 July 21, 2010

Joël Lagacé, on behalf of a not-for-profit corporation to be incorporated
Iroquois Falls, Ontario

Approved — Broadcasting licence to operate an English-language, low-power Type B community FM radio station.

2010-500 July 22, 2010

Various broadcasting distribution undertakings
Across Canada

Renewed — Broadcasting licences for the broadcasting distribution undertakings set out in the appendix to the decision, from August 31, 2010, to November 30, 2010.

2010-504 July 23, 2010

RNC Media Inc.
Rouyn-Noranda and Val-d’Or, Quebec

Approved — Amendment to the broadcasting licence for the television station CKRN-TV Rouyn-Noranda in order to add a digital transmitter in Rouyn-Noranda and a digital rebroadcasting transmitter in Val-d’Or.

2010-505 July 23, 2010

RNC Media Inc.
Gatineau, Quebec

Approved — Amendment to the broadcasting licence for the television station CHOT-TV Gatineau in order to add a digital transmitter in Gatineau.

2010-506 July 23, 2010

RNC Media Inc.
Gatineau, Québec

Approved — Amendment to the broadcasting licence for the television station CFGS-TV Gatineau in order to add a digital transmitter in Gatineau.

2010-507 July 23, 2010

RNC Media Inc.
Rouyn-Noranda and Val-d’Or, Quebec

Approved — Amendment to the broadcasting licence for the television station CFEM-TV Rouyn-Noranda in order to add a digital transmitter in Rouyn-Noranda and a digital rebroadcasting transmitter in Val-d’Or.

2010-508 July 23, 2010

RNC Media Inc.
Rouyn-Noranda and Val-d’Or, Quebec

Approved — Amendment to the broadcasting licence for the television station CFVS-TV Rouyn-Noranda in order to add a digital transmitter in Val-d’Or and a digital rebroadcasting transmitter in Rouyn-Noranda.

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-406-2

Call for comments on the customer transfer process and related competitive issues — Extension of deadline and scope

1. The Commission has received a request from Rogers Communications Inc. to amend Call for comments on the customer transfer process and related competitive issues, Notice of Consultation CRTC 2010-406, June 23, 2010, as amended by Broadcasting and Telecom Notice of Consultation CRTC 2010-406-1, July 5, 2010, to include the handling of wireless customer cancellation and transfer requests.

2. Given that it is common practice for service providers to offer discounts or other incentives for bundled services, including telephone, television, Internet and wireless services, the Commission considers that it would be appropriate to include wireless service offerings as part of the Commission’s larger examination of customer transfer processes.

3. Considering the broadened scope of the proceeding, the Commission extends the deadline for comments to August 23, 2010. Parties may file reply comments by September 9, 2010.

4. Parties who have not previously registered in this proceeding and who wish to receive copies of all submissions must notify the Commission by August 6, 2010 (the registration date), of their intention to do so by filling out the online form; by writing to the Secretary General, CRTC, Ottawa, Ontario K1A 0N2; or by faxing to 819-994-0218. Parties are to provide their email addresses, where available. If parties do not have access to the Internet, they are to indicate when they notify the Commission whether they wish to receive disk versions of hard-copy filings.

5. The Commission also amends the list of interested parties established in Notice of Consultation CRTC 2010-406 to include the additional wireless service providers listed in the appendix.

July 23, 2010

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-486

Notice of application received

St. John’s, Newfoundland and Labrador
Deadline for submission of interventions and/or comments: August 23, 2010

The Commission has received the following application:

1. Newcap Inc.
St. John’s, Newfoundland and Labrador

Relating to the broadcasting licence for the English-language commercial AM radio programming undertaking CJYQ St. John’s.

July 19, 2010

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-487

Notice of applications received

Various locations
Deadline for submission of interventions and/or comments: August 23, 2010

The Commission has received the following applications:

1. Astral Media Radio inc.
Québec, Quebec

To renew the broadcasting licence for the French-language commercial FM radio programming undertaking CITF-FM Québec, expiring August 31, 2010.

2. Astral Media Radio inc.
Sherbrooke, Quebec

To renew the broadcasting licence for the French-language commercial FM radio programming undertaking CITÉ-FM-1 Sherbrooke and its transmitter CITÉ-FM-2 Sherbrooke, expiring August 31, 2010.

3. 4352416 Canada Inc.
Peterborough, Ontario

To renew the broadcasting licence for the English-language specialty FM radio programming undertaking CJMB-FM Peterborough, expiring August 31, 2010.

July 19, 2010

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-488

Notice of hearing

November 16, 2010
National Capital Region
Review of the direct-to-home satellite distribution policy Deadline for submission of interventions and/or comments: September 8, 2010

The Commission hereby initiates a public proceeding to review its policies for direct-to-home (DTH) satellite distribution.

As part of this proceeding, the Commission will hold a hearing commencing on November 16, 2010, at 9 a.m. at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec.

In the notice, the Commission invites comments and proposals on its regulatory framework for DTH satellite distribution, particularly with respect to

  • the conventional television stations that DTH distributors are required to offer to their subscribers; and
  • the manner in which DTH distributors perform simultaneous substitution.

July 20, 2010

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-489

Notice of application received

Springdale, Newfoundland and Labrador
Deadline for submission of interventions and/or comments: August 24, 2010

The Commission has received the following application:

1. Newcap Inc.
Springdale, Newfoundland and Labrador

To amend the broadcasting licence for the commercial AM radio programming undertaking CKCM Grand Falls, New Brunswick. The licensee proposes to add an FM transmitter in Springdale to broadcast the programming of CKCM, in order to adequately serve the population of Springdale.

July 20, 2010

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-497

Notice of hearing

September 20, 2010
Location to be determined
Deadline for submission of interventions and/or comments: August 23, 2010

The Commission will hold a hearing commencing September 20, 2010, at 9 a.m., at a location to be determined at a later date, to consider the following applications.

 1. Shaw Cablesystems Limited
Winnipeg, Manitoba

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Winnipeg, expiring November 30, 2010.

 2. Shaw Cablesystems Limited
Saskatoon, Saskatchewan

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Saskatoon, expiring November 30, 2010.

 3. Shaw Cablesystems Limited
Calgary, Alberta

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Calgary, expiring November 30, 2010.

 4. Shaw Cablesystems Limited
Edmonton, Alberta

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Edmonton, expiring November 30, 2010.

 5. Shaw Cablesystems Limited
Fort McMurray, Alberta

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Fort McMurray, expiring November 30, 2010.

 6. Shaw Cablesystems Limited
Lethbridge, Alberta

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Lethbridge, expiring November 30, 2010.

 7. Shaw Cablesystems Limited
Red Deer, Alberta

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Red Deer, expiring November 30, 2010.

 8. Shaw Cablesystems Limited
Chilliwack, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Chilliwack, expiring November 30, 2010.

 9. Shaw Cablesystems Limited
Coquitlam, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Coquitlam, expiring November 30, 2010.

10. Shaw Cablesystems Limited
Courtenay/Comox/Powell River, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Courtenay/ Comox/Powell River, expiring November 30, 2010.

11. Shaw Cablesystems Limited
Duncan, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Duncan, expiring November 30, 2010.

12. Shaw Cablesystems Limited
Kamloops, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Kamloops, expiring November 30, 2010.

13. Shaw Cablesystems Limited
Kelowna, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Kelowna, expiring November 30, 2010.

14. Shaw Cablesystems Limited
Langford, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Langford, expiring November 30, 2010.

15. Shaw Cablesystems Limited
Nanaimo, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Nanaimo, expiring November 30, 2010.

16.  Shaw Cablesystems Limited
New Westminster, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving New Westminster, expiring November 30, 2010.

17. Shaw Cablesystems Limited
Penticton, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Penticton, expiring November 30, 2010.

18. Shaw Cablesystems Limited
Prince George, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Prince George, expiring November 30, 2010.

19. Shaw Cablesystems Limited
Vancouver (North and West), British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Vancouver (North and West), expiring November 30, 2010.

20. Shaw Cablesystems Limited
Vancouver (Richmond), British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Vancouver (Richmond), expiring November 30, 2010.

21. Shaw Cablesystems Limited
Victoria, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Victoria, expiring November 30, 2010.

22. Shaw Cablesystems Limited
White Rock, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving White Rock, expiring November 30, 2010.

23. Videon Cablesystems Inc.
Winnipeg, Manitoba

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Winnipeg, expiring November 30, 2010.

24. Videon Cablesystems Inc.
Edmonton, Alberta

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Edmonton, expiring November 30, 2010.

25. Novus Entertainment Inc.
Metro Vancouver, British Columbia

To renew the Class 1 broadcasting licence for its terrestrial broadcasting distribution undertaking serving Metro Vancouver, expiring November 30, 2010.

July 22, 2010

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-498

Notice of hearing

September 20, 2010
Location to be determined
Deadline for submission of interventions and/or comments: August 23, 2010

The Commission will hold a hearing commencing September 20, 2010, at a location to be determined at a later date, commencing immediately following the hearing for the applications referenced in Broadcasting Notice of Consultation 2010-497.

1. CanWest Global Communications Corp.
Across Canada

To acquire, as part of a multi-step corporate reorganization, the assets of the television broadcasting undertakings and specialty services currently indirectly held by CanWest Global Communications Corp.

2. Shaw Communications Inc.
Across Canada

To transfer the effective control of CanWest Global Communications Corp.’s broadcasting entities to Shaw Communications Inc. (Shaw), through a wholly owned subsidiary of Shaw known as 7316712 Canada Inc.

July 22, 2010

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-509

Call for comments — Converged Rules of Procedure

The Commission calls for comments on changes that have been made to its proposed Rules of Procedure, which are attached as Appendix 1 to the Notice of Consultation. The Commission issued the proposed Rules of Procedure for comment in Broadcasting and Telecom Notice of Consultation CRTC 2009-602.

In addition, the Commission invites comments on proposed information bulletins that are intended to complement and clarify the proposed Rules of Procedure. The proposed information bulletins are appended to the Notice of Consultation as follows:

  • Appendix 2 — Guidelines on the CRTC Rules of Procedure
  • Appendix 3 — Broadcasting applications that do not require a public process
  • Appendix 4 — Information that can generally be designated confidential
  • Appendix 5 — Forms for requests for information and responses.

The Commission will accept comments from interested parties if it receives them on or before September 9, 2010. Parties may file replies on or before September 20, 2010.

July 23, 2010

TABLE OF CONTENTS

(This table is not part of the Rules.)

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION RULES OF PRACTICE AND PROCEDURE

DEFINITIONS

 1. Definitions

MATTERS BEFORE THE COMMISSION

 2. How matters are brought before Commission

PART 1

RULES APPLICABLE TO BROADCASTING AND TELECOMMUNICATIONS

 3. Application

GENERAL RULES

Powers of the Commission

 4.  Power to act

 5.  Information bulletins

 6.  Dispensing with or varying Rules

 7.  Return of application or complaint

 8.  Defect in form

 9.  Other powers

10. Relief

Time

11. Computation of time

Filing and Service of Documents

12. Filing of documents

13. Alternative formats

14. Filing day

15. Verification of documents

16. Deadline for service

17. Service of documents

18. Service day

19. Proof of service

Application

20. Filing and service of application

21. Posting of application

22. Restrictions

Answer to Application

23. Deadline for filing answer

Intervention

24. Deadline for intervening

Reply

25. Deadline for filing reply

Request for Information or Documents

26. Requirement for information and representations

27. Request for documents

Confidential Information

28. Documents public

29. Designation subject to filing

30. Reasons for designation

31. Request for disclosure

32. Disclosure criterion

RULES APPLICABLE TO PUBLIC HEARINGS

33. Notice of consultation

34. Obligations of applicant

35. Notice of appearance

36. Preparatory conference

37. In camera

38. Designation of confidential information

39. Order of appearance

40. Evidence

41. Administration of oaths

42. Simultaneous sittings

43. Format of subpoena

PART 2

RULES APPLICABLE TO COMPLAINTS

44. Form and content of complaint

45. Application or intervention instead of complaint

46. Sending complaint to person against whom complaint is made

47. Response

48. Measures

49. Copy placed on licensee’s file

50. Emergency telecommunications complaint

PART 3

RULES APPLICABLE TO CERTAIN BROADCASTING APPLICATIONS

APPLICATION FOR ISSUANCE OR RENEWAL OF LICENCE

51. Notice of consultation

52. Application considered an intervention

53. Order of replies at public hearing

PROCEEDING UNDER SECTION 12 OF BROADCASTING ACT

54. Licence holder considered applicant

55. Licence holder must be heard

PART 4

RULES APPLICABLE TO CERTAIN TELECOMMUNICATIONS APPLICATIONS

APPLICATION FOR REVIEW OF CANADIAN OWNERSHIP AND CONTROL

56. Procedural requirements

APPLICATION TO APPROVE OR AMEND TARIFFS OR TO APPROVE AN AGREEMENT BETWEEN CARRIERS

57. Procedural requirements

APPLICATION TO AWARD COSTS

Interim Costs

58. Application for interim costs

59. Content of application

60. Answer

61. Criteria for awarding interim costs

62. Application for final costs

Final Costs

63. Deadline for filing application for final costs

64. Content of application for final costs

65. Answer

66. Criteria for awarding final costs

67. Taxing officer

Fixing and Taxing of Costs

68. Criteria for fixing and taxing costs

APPLICATION TO REVIEW, RESCIND OR VARY A DECISION OF THE COMMISSION

69. Deadline for filing application to review, rescind or vary Commission decision

REQUEST FOR INFORMATION

70. Request for information

71. Response to request

72. Request for further response

73. Response

PART 5

REPEALS AND COMING INTO FORCE

REPEALS

74. CRTC Rules of Procedure

75. CRTC Telecommunications Rules of Procedure

COMING INTO FORCE

76. Registration

SCHEDULE 1

BROADCASTING APPLICATIONS

BROADCASTING AND TELECOMMUNICATIONS APPLICATIONS

SCHEDULE 2

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION RULES OF PRACTICE AND PROCEDURE

DEFINITIONS

Definitions

1. The following definitions apply in these Rules.

“document”
« document »

“document” has the meaning assigned by the definition “record” in section 3 of the Access to Information Act.

“party”
« partie »

“party” means an applicant, respondent or intervener.

“person”
« personne »

“person” has the same meaning as in subsection 2(1) of the Telecommunications Act.

“respondent”
« intimé »

“respondent” means a person that is adverse in interest to an applicant.

MATTERS BEFORE THE COMMISSION

How matters are brought before Commission

2. A matter may be brought before the Commission by an application or complaint or on the Commission’s own initiative.

Note: Under section 12 of the Telecommunications Act, the Governor in Council may refer back to the Commission for reconsideration a decision by the Commission, and under section 14, it may require the Commission to make a report on any matter within the Commission’s jurisdiction under the Act or any special Act. Under section 15 of the Broadcasting Act, the Governor in Council may request the Commission to hold hearings or make reports on any matter within the jurisdiction of the Commission under that Act, and under section 28, the Governor in Council may refer back to the Commission for reconsideration and hearing of the matter a decision by the Commission to issue, amend or renew a licence.

PART 1

RULES APPLICABLE TO BROADCASTING AND TELECOMMUNICATIONS

Application

3. (1) Except as otherwise provided in these Rules, this Part applies to all proceedings before the Commission.

Exception

(2) These Rules do not apply to a proceeding arising from a contravention of a prohibition or requirement of the Commission for which a person is liable to an administrative monetary penalty under sections 72.01 to 72.15 of the Telecommunications Act, or to a proceeding arising from an application listed in Schedule 1.

GENERAL RULES

Powers of the Commission

Power to act

4. (1) The Commission may exercise any of its powers under these Rules at the request of a party or interested person or on its own initiative.

Matters not provided for

(2) The Commission may provide for any matter of practice and procedure not provided for in these Rules by analogy to these Rules or by reference to the Federal Courts Rules and the rules of other tribunals to which the subject matter of the proceeding most closely relates.

Information bulletins

5. The Commission may issue information bulletins regarding matters within its jurisdiction, including

(a) the application of these Rules and the Commission’s regulatory policies and decisions; and

(b) the format and numbering of documents to be filed, the software to be used to file them and the procedure for their filing.

Dispensing with or varying Rules

6. If the Commission is of the opinion that considerations of public interest or fairness permit, it may dispense with or vary these Rules, including by way of directions.

Return of application or complaint

7. If an application or complaint does not comply with a requirement of these Rules, the Commission may return the application or the complaint to the applicant or the complainant so that the deficiencies may be remedied or it may close the file.

Defect in form

8. The Commission must not dismiss an application or complaint by reason solely of a defect in form.

Other powers

9. The Commission may

(a) if it is of the opinion that the circumstances or considerations of fairness permit, adjourn a proceeding;

(b) if it is of the opinion that the circumstances or considerations of fairness permit, combine two or more proceedings;

(c) decide whether to admit a document as evidence;

(d) order to be amended or struck out a document or part of a document that, in its opinion, might prejudice a party or delay the hearing of the matter on the merits;

(e) provide an opportunity for the parties to make written or oral representations; and

(f) in the event of a reference to the Federal Court, stay the whole or any part of a proceeding pending the decision of the Court.

Relief

10. In broadcasting matters, the Commission may approve the whole or any part of an application or grant any relief in addition to or in substitution for the relief applied for.

Note: Section 60 of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.

Time

Computation of time

11. (1) Sections 26 to 29 of the Interpretation Act apply to the computation of a time period set out in these Rules or a decision, notice of consultation, regulatory policy or information bulletin, except that

(a) Saturday is considered to be a holiday;

(b) a time period for the filing of a document with the Commission ends at midnight, Gatineau time; and

(c) the period beginning on December 21 in one year and ending on January 7 in the following year must not be included in the computation of a time period.

Calendar days

(2) A time period is computed in calendar days.

Filing and Service of Documents

Filing of documents

12. (1) A document must be filed with the Commission

(a) in the case of an application, by sending the document to the Office of the Secretary General by any electronic means that permits its intelligible reception, as set out in Information Bulletin CRTC 2010-453, as amended from time to time; and

(b) in the case of any other document, by delivering it by hand to the Office of the Secretary General, or sending it to the Office by mail or any electronic means that permits its intelligible reception.

Filing at hearing

(2) When a hearing of the Commission is in progress, a document may also be filed by delivering the document by hand to the secretary of the hearing.

Record of transmission

(3) If a document is sent by electronic means, the sender must keep proof of the sending and the receipt of the document for 30 days after the day on which the Commission’s final decision on the matter is posted on the Commission’s website.

Alternative formats

13. (1) The Commission may, on its own initiative or at the request of a person with a disability or their designated representative, request a party to file and serve a document in an alternative format.

Alternative measure

(2) Within 10 days after the day on which the Commission makes its request, the party must comply with the request or propose an alternative measure.

Filing day

14. (1) A document is filed

(a) if it is delivered by hand, on the day on which it is delivered; or

(b) if it is sent by mail or electronic means, on the day on which it is received by the Office of the Secretary General.

Holiday

(2) A document received on a holiday is considered to be received on the next business day.

Verification of documents

15. (1) The Commission may order a person that has filed a document to verify its content by affidavit and, in case of refusal, may strike out the document.

Grounds of belief

(2) If an affidavit is made as to belief, the grounds on which the belief is based must be set out in the affidavit.

Deadline for service

16. A document that is required to be served must be served, along with the documents that accompany it, on or before the day on which it is filed.

Service of documents

17. A document must be served on a person

(a) by delivering a copy of the document by hand

(i) to the person, or

(ii) if the person is a partnership, body corporate or unincorporated organization, to a partner, officer or director, or to their designated representative;

(b) by sending a copy of the document by mail to the last known address of the person or their designated representative; or

(c) by sending the document by any electronic means that permits its intelligible reception to the person or their designated representative, in which case the sender must keep proof of the sending and the receipt of the document for 30 days after the day on which the Commission’s final decision on the matter is posted on the Commission’s website.

Service day

18. Service of a document is effected

(a) if it is delivered by hand, on the day on which it is delivered; or

(b) if it is sent by mail or electronic means, on the day on which it is received.

Proof of service

19. (1) At the Commission’s request, proof of service, or, if there is none, an affidavit in lieu of proof, must be filed with the Commission.

Content of proof

(2) Proof of service or an affidavit must include or be accompanied by the following information:

(a) the name, address, telephone number and email address of the person that served the document;

(b) the day on which the document was delivered by hand or sent by mail or electronic means and, if it was sent by electronic means, the date and time it was sent and received; and

(c) if the document was served by facsimile, the total number of pages transmitted including the cover page, the facsimile number from which it was sent and the name of the person that sent it.

Application

Filing and service of application

20. (1) An application must be

(a) filed with the Commission;

(b) served on any respondent and any other persons that the Commission directs; and

(c) accompanied by a list of the persons on whom the application is served and the email address of each, if any.

Form and content of application

(2) An application must be made using the appropriate form listed in Information Bulletin CRTC 2010-453, as amended from time to time. If none of the forms listed in the Information Bulletin is appropriate, the application must

(a) set out the name, address and email address of the applicant and any designated representative;

(b) set out the applicant’s website address or, if the application is not posted on their website, the email address where an electronic copy of the application may be requested;

(c) be divided into parts and consecutively numbered paragraphs;

(d) identify the statutory or regulatory provisions under which the application is made;

(e) contain a clear and concise statement of the relevant facts, of the grounds of the application and of the nature of the decision sought;

(f) set out any amendments or additions to these Rules proposed by the applicant; and

(g) include any other information that might inform the Commission as to the nature, purpose and scope of the application, and be accompanied by any supporting documents.

Posting of application

21. The Commision must post on its website all applications that comply with the requirements set out in section 20.

Restrictions

22. An applicant must not amend an application or file any supplementary documents related to the application after the application has been posted on the Commission’s website.

Answer to Application

Deadline for filing answer

23. (1) A respondent may file an answer with the Commission within 30 days after the day on which the Commission posts the application on its website.

Form and content of answer

(2) The answer must

(a) set out the name, address and email address of the respondent and any designated representative;

(b) be divided into parts and consecutively numbered paragraphs;

(c) admit or deny the facts alleged in the application;

(d) contain a clear and concise statement of the relevant facts, of the grounds of the answer and of the nature of the decision sought;

(e) include any other information that might inform the Commission as to the nature, purpose and scope of the answer, and be accompanied by any supporting documents;

(f) be accompanied by a list of the persons on whom the answer is served and the email address of each, if any; and

(g) be served on the applicant, any other respondent and any other persons that the Commission directs.

Intervention

Deadline for intervening

24. (1) Any interested person may intervene in a proceeding in writing within 30 days after the day on which the application is posted on the Commission’s website or, if a notice of consultation is posted by the Commission on its website, within the time period set out in the notice.

Form and content of document

(2) The document of the interested person must

(a) state that the person wishes to be considered as an intervener in the proceeding;

(b) set out the name, address and email address of the person and any designated representative;

(c) be divided into parts and consecutively numbered paragraphs;

(d) admit or deny the facts alleged in the application;

(e) clearly state whether the person supports or opposes the application and the nature of the decision sought;

(f) contain a clear and concise statement of the relevant facts and of the grounds for the person’s support for or opposition to the application and the reasons for the decision sought;

(g) state whether the person wishes to participate in any future hearing in person;

(h) state any reasonable accommodation required to enable the person to participate in any future hearing;

(i) include any other information that might inform the Commission as to the nature, purpose and scope of the intervention, and be accompanied by any supporting documents;

(j) be accompanied by a list of the persons on whom the document is served and the email address of each, if any; and

(k) be served on the applicant and any other persons that the Commission directs.

Reply

Deadline for filing reply

25. (1) The applicant may file a reply to an answer or to the document of an intervener with the Commission within 10 days after the deadline for the filing of the answer or the deadline for intervening in the proceeding, as the case may be.

Form and content of reply

(2) The reply must

(a) be restricted to the points raised in the answer or the document;

(b) admit or deny the facts alleged in the answer or the document;

(c) state the grounds of objection or opposition, if any, to points raised in the answer or the document;

(d) be accompanied by a list of the persons on whom the reply is served and the email address of each, if any; and

(e) be served on the respondents and the interveners to whom the applicant is replying and any other persons that the Commission directs.

Request for Information or Documents

Requirement for information and representations

26. (1) The Commission may require a party

(a) to provide information, particulars or documents that it considers necessary to enable the Commission to reach a full and satisfactory understanding of the subject matter of the proceeding; or

(b) to make written or oral representations on any matter related to the proceeding.

Authority to represent other person

(2) The Commission may also require the representative of a person to file with it evidence of their authority to represent the person.

Request for documents

27. (1) A party may request in writing that any other party produce for the requesting party’s inspection a copy of any document that has been referred to in a document that the other party has filed with the Commission and to permit the requesting party to make copies of it.

Filing and service of request

(2) The requesting party must file its request with the Commission and serve it on the other party.

Failure to produce document

(3) A party that fails to produce a copy of the document within 10 days after the day on which the request is filed must not rely on the document.

Electronic version or link

(4) In order to comply with the request, the party may produce an electronic version of the document or provide an electronic link to the document, where it may be accessed free of charge.

Confidential Information

Documents public

28. In broadcasting matters, the Commission must make available for public inspection any information submitted to the Commission in the course of proceedings before it to the extent that the information is not designated as confidential.

Note: Section 38 of the Telecommunications Act provides for the same rule in relation to telecommunications matters.

Designation subject to filing

29. (1) In broadcasting matters, a party may designate information referred to in paragraphs 39(1)(a) to (c) of the Telecommunications Act as confidential if they file it with the Commission.

Note: Subsection 39(1) of the Telecommunications Act provides for the same rule in relation to telecommunications matters.

Timing of designation

(2) The party must make the designation at the time that they file the document that contains the information.

Reasons for designation

30. (1) The party that designates information as confidential must provide reasons, as well as any supporting documents, why the disclosure of the information would not be in the public interest, including why the specific direct harm that would be likely to result to them from the disclosure would outweigh the public interest.

Abridged version

(2) The party must either file an abridged version, intended to be made available to the public, of the document that contains the information or provide reasons, as well as any supporting documents, why an abridged version cannot be filed.

Request for disclosure

31. (1) A party that files a request with the Commission for the disclosure of information that has been designated as confidential must provide reasons, as well as any supporting documents, why the disclosure would be in the public interest, including how the information is relevant to the Commission’s regulatory responsibilities.

Service

(2) The requesting party must serve the request on the author of the designation.

Reply

(3) The author of the designation may file a reply with the Commission within 10 days after the day on which the request is filed, and must serve the reply on the requesting party.

Reply to request from Commission

(4) If the Commission requests disclosure of the information, the author of the designation may file a reply with the Commission within 10 days after the day on which they receive the request.

Disclosure criterion

32. (1) In broadcasting matters, the Commission may disclose or require the disclosure of information designated as confidential if it is of the opinion that the disclosure is in the public interest.

Note: Subsection 39(4) of the Telecommunications Act provides in part for the same rule in relation to telecommunications matters.

Information not admissible in evidence

(2) If the author of the designation confirms the designation and the Commission does not disclose or require the disclosure of the information, the information is not admissible in evidence.

RULES APPLICABLE TO PUBLIC HEARINGS

Notice of consultation

33. (1) Before holding a public hearing during which the Commission will request any of the parties to appear before it, the Commission must post a notice of consultation on its website.

Content of notice

(2) The notice must set out

(a) the nature of the matters to be considered and the deadline for intervening in the proceeding;

(b) the date and time of the commencement of the hearing; and

(c) the place of the hearing, which in telecommunications matters is fixed by the Chairperson of the Commission.

Note : Subsection 18(4) of the Broadcasting Act grants the Chairperson of the Commission the power to designate the place of a public hearing in relation to broadcasting matters.

Obligations of applicant

34. (1) If a public hearing is in respect of an application, the applicant must

(a) no later than five days after the day on which the Commission posts the notice of consultation on its website, post the notice or an electronic link to it on the homepage of their own website and keep it posted until the deadline for intervening in the proceeding; and

(b) give notice of the notice of consultation in any manner that the Commission directs, including through broadcast over the applicant’s facilities or by service to any person that the Commission directs, and the notice must set out

(i) the nature of the matters to be considered,

(ii) the deadline for intervening in the proceeding, and

(iii) the date and time of the commencement of the hearing.

Obligations of licencees and telecommunications service providers

(2) If a public hearing is in respect of a regulatory policy, the Commission must determine which licensees and telecommunications service providers must fulfill the obligations set out in subsection (1).

Notice of appearance

35. (1) No later than 10 days before the date of the commencement of the public hearing, the Commission must notify in writing any party that the Commission requests to appear before it in person or by videoconference.

List of persons appearing

(2) No later than seven days before the date of commencement of the public hearing, the party must file with the Commission a list of the persons who will represent or accompany the party.

Preparatory conference

36. The Commission may request the parties to appear prior to a public hearing before one of its members, as that term is defined in section 2 of the Canadian Radio-television and Telecommunications Commission Act, or any other person designated by the Commission, on a day and at a time and place specified by the Commission, for the purpose of formulating the issues and considering

(a) the simplification of the issues;

(b) the necessity or desirability of amending the application, answer, intervention or reply;

(c) the making of admissions of certain facts, the proof of certain facts by affidavit or the use by a party of matters of public record;

(d) the procedure to be followed at the hearing;

(e) the mutual exchange by the parties of documents and exhibits that the parties intend to submit at the hearing; and

(f) any other matters that might aid in the simplification of the evidence and disposition of the proceedings.

In camera

37. (1) The Commission may, at the request of a party or on its own initiative, order a hearing to be held in whole or in part in camera to discuss information that the party has designated, or may wish to designate, as confidential under subsection 39(1) of the Telecommunications Act or section 29.

Participants

(2) Only the party, the party’s representatives and the Commission’s representatives may participate in the in camera discussions.

Transcript of discussions

(3) Only the party that participated in the in camera discussions is to be provided with a transcript of the discussions.

Designation of confidential information

38. (1) Sections 29 to 32 apply, to the extent provided, to the designation of information as confidential in the transcript of the in camera discussions.

Filing of transcript and abridged version

(2) In broadcasting and in telecommunications matters, the party must

(a) file the transcript and the abridged version with the Commission within the time period established by the Commission; and

(b) identify any information contained in the transcript that they have already designated as confidential in another document.

Order of appearance

39. The parties must be heard in the following order at a public hearing:

(a) applicants;

(b) respondents;

(c) interveners; and

(d) applicants, in reply.

Evidence

40. Only evidence submitted in support of statements contained in an application, answer, intervention or reply, or in documents or supporting material filed with the Commission, is admissible at a public hearing.

Administration of oaths

41. The Commission may require a person who appears before it to be sworn or affirmed.

Simultaneous sittings

42. The Commission may, in relation to one proceeding, hold sittings simultaneously in more than one location.

Format of subpoena

43. A subpoena, which the Commission may refuse to issue, must be in the form set out in Schedule 2, be signed by the Secretary General and be sealed with the Commission’s seal.

PART 2

RULES APPLICABLE TO COMPLAINTS

Form and content of complaint

44. A consumer complaint that is not related to an application must

(a) be filed with the Commission;

(b) set out the name and address of the complainant and any designated representative and the email address of each, if any;

(c) set out the name of the person against whom it is made;

(d) contain a clear and concise statement of the relevant facts, the grounds of the complaint and the nature of the decision sought; and

(e) state whether the complainant wishes to receive documents related to the complaint in an alternative format.

Application or intervention instead of complaint

45. The Commission may, if it considers it just and expedient to do so, require a complainant to file their complaint as an application or to intervene in any proceeding relating to the matter raised by the complaint.

Sending complaint to person against whom complaint is made

46. If the Commission decides to consider a complaint, it must send a copy of the complaint to the person against whom it is made.

Response

47. The person against whom a complaint is made may file a response with the Commission within 20 days after the day on which they receive a copy of the complaint and they must serve the response on the complainant.

Measures

48. If the Commission is not satisfied with a response, it may take any measures that it considers necessary.

Copy placed on licensee’s file

49. The Commission may place a copy of a complaint against a licensee and the licensee’s response on the licensee’s file to be considered at the time of their licence renewal.

Emergency telecommunications complaint

50. (1) A complaint seeking relief on an emergency basis in relation to a telecommunications matter may be made orally to a designated employee of the Commission.

Interim ex parte order

(2) If an interim settlement cannot be reached, the Commission may issue an interim ex parte order, in which case the complainant must file their complaint in writing with the Commission within five days after the day on which the order is issued.

PART 3

RULES APPLICABLE TO CERTAIN BROADCASTING APPLICATIONS

APPLICATION FOR ISSUANCE OR RENEWAL OF LICENCE

Notice of consultation

51. The Commission must post on its website a notice of consultation in relation to any application made to the Commission for the issuance or renewal of a licence under subsection 9(1) of the Broadcasting Act, and must provide in the notice an electronic link to the application.

Application considered an intervention

52. If two or more applications for the issuance of a licence are made in respect of the same area or locality and it is reasonable to believe that not all applications will be approved, each application is considered to be an intervention in respect of the others but sections 24 and 25 do not apply.

Order of replies at public hearing

53. If a public hearing relates to two or more applications for the issuance of a licence made in respect of the same area or locality and it is reasonable to believe that not all applications will be approved, the applicants must reply in the reverse order to that in which they were heard.

PROCEEDING UNDER SECTION 12 OF BROADCASTING ACT

Licence holder considered applicant

54. In a proceeding initiated by the Commission’s decision to inquire into, hear and determine a matter under section 12 of the Broadcasting Act, the licensee is considered to be an applicant for the purposes of sections 25, 34 and 39.

Licence holder must be heard

55. No later than 15 days before the day on which the deadline for intervening in the proceeding expires, the Commission must allow the licensee to review the documents relied on by the Commission in its decision to review the matter, and to provide comments and file supporting documents.

PART 4

RULES APPLICABLE TO CERTAIN TELECOMMUNICATIONS APPLICATIONS

APPLICATION FOR REVIEW OF CANADIAN OWNERSHIP AND CONTROL

Procedural requirements

56. (1) An application to the Commission for the review of Canadian ownership and control under section 16 of the Telecommunications Act is subject to the procedural requirements established by the Commission in Regulatory Policy CRTC 2009-428, as amended from time to time.

Non-application of certain provisions

(2) Sections 21 and 23 do not apply to such an application.

APPLICATION TO APPROVE OR AMEND TARIFFS OR TO APPROVE AN AGREEMENT BETWEEN CARRIERS

Procedural requirements

57. (1) An application to the Commission for the approval of a new or amended tariff under section 25 of the Telecommunications Act or for the approval of an agreement between carriers referred to in section 29 of that Act is subject to the procedural requirements established by the Commission in Information Bulletin CRTC 2010-455, as amended from time to time.

Non-application of certain provisions

(2) Sections 21 and 23 do not apply to such an application.

APPLICATION TO AWARD COSTS

Interim Costs

Application for interim costs

58. A party that considers that they do not have sufficient financial resources to participate effectively in a proceeding may file an application for interim costs with the Commission under section 56 of the Telecommunications Act.

Content of application

59. (1) In the application, the party must

(a) demonstrate that they

(i) have, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,

(ii) can assist the Commission in developing a better understanding of the matters to be considered, and

(iii) do not have sufficient financial resources to participate effectively in the proceeding;

(b) undertake to participate in the proceeding in a responsible way;

(c) indicate the amount of costs requested, with receipts or detailed estimates; and

(d) identify the respondents that should pay the costs.

Service

(2) The party must serve the application on all other parties.

Answer

60. The other parties may file an answer with the Commission within 10 days after the day on which the application for interim costs is filed and they must serve their answer on all parties.

Criteria for awarding interim costs

61. The Commission must use the following criteria to determine whether to award interim costs and the amount that is to be awarded:

(a) whether the applicant has, or is the representative of a group or a class of subscribers that has, an interest in the outcome of the proceeding;

(b) the extent to which the applicant can assist the Commission in developing a better understanding of the matters to be considered;

(c) whether the applicant has sufficient financial resources to participate effectively in the proceeding; and

(d) whether the applicant undertook to participate in the proceeding in a responsible way.

Application for final costs

62. A party that has been awarded interim costs is required to file an application for final costs with the Commission.

Final Costs

Deadline for filing application for final costs

63. An application for final costs must be filed no later than 30 days after the day fixed by the Commission for the filing of final representations.

Content of application for final costs

64. (1) In the application, the applicant must

(a) demonstrate that they

(i) have, or represent a group or a class of subscribers that has, an interest in the outcome of the proceeding,

(ii) assisted the Commission in developing a better understanding of the matters that were considered, and

(iii) participated in the proceeding in a responsible way;

(b) identify the respondents that should pay the costs; and

(c) if interim costs were awarded to them, provide an explanation of any difference between those interim costs and the final costs for which they are applying.

Documents to be attached

(2) The applicant must attach to the application the appropriate taxation forms listed in Information Bulletin CRTC 2010-453, as amended from time to time.

Service

(3) The applicant must serve the application on all other parties.

Answer

65. The other parties may file an answer with the Commission within 10 days after the day on which the application for final costs is filed and they must serve their answer on all parties.

Criteria for awarding final costs

66. The Commission must use the following criteria to determine whether to award final costs and the maximum percentage of costs that is to be awarded:

(a) whether the applicant had, or was the representative of a group or a class of subscribers that had, an interest in the outcome of the proceeding;

(b) the extent to which the applicant assisted the Commission in developing a better understanding of the matters that were considered; and

(c) whether the applicant participated in the proceeding in a responsible way.

Taxing officer

67. If the Commission appoints a taxing officer, it must set out the procedure to be followed by the officer.

Fixing and Taxing of Costs

Criteria for fixing and taxing costs

68. (1) In fixing costs or taxing final costs, the Commission or the taxing officer, as the case may be, must take into consideration any financial assistance received by the applicant from all sources for the purpose of participating in Commission proceedings under the Telecommunications Act.

Limit

(2) The total amount of the costs must not exceed the total amount of costs necessarily and reasonably incurred by the applicant or the costs set out in the scale of costs established by the Commission under subsection 56(2) of the Telecommunications Act.

APPLICATION TO REVIEW, RESCIND OR VARY A DECISION OF THE COMMISSION

Deadline for filing application to review, rescind or vary Commission decision

69. An application to review, rescind or vary a decision of the Commission under section 62 of the Telecommunications Act must be filed with the Commission within 90 days after the date of the decision.

REQUEST FOR INFORMATION

Request for information

70. (1) A party may, with the Commission’s approval, request information from another party.

Filing and service

(2) The requesting party must file a request with the Commission on or before the deadline established by the Commission and they must serve the request on the party to whom it is addressed.

Response to request

71. (1) A party that is served with a request must

(a) respond fully and adequately to each interrogatory; or

(b) if the party contends that an interrogatory is not relevant or that the information necessary to respond is not available, set out the reasons in support of that contention and, in the case of the unavailability of the information, provide any available information that they consider might be of assistance to the requesting party.

Filing and service

(2) The responding party must file a response with the Commission on or before the deadline established by the Commission and they must serve the response on all parties.

Request for further response

72. (1) A requesting party may, with the Commission’s approval, request a further response to an interrogatory from the party to whom the initial interrogatory was addressed.

Content of request

(2) The requesting party must specify why a further response is necessary.

Filing and service

(3) The requesting party must file the further request with the Commission on or before the deadline established by the Commission and they must serve the request on the party to whom it is addressed.

Response

73. (1) A party that is served with a request for a further response must

(a) respond fully and adequately to each interrogatory; or

(b) if the party contends that the request for a further response is not relevant or that the information necessary to respond is not available, set out the reasons in support of that contention and, in the case of the unavailability of the information, provide any available information that they consider might be of assistance to the party requesting the further response.

Filing and service

(2) The responding party must file a response with the Commission on or before the deadline established by the Commission and they must serve the response on the requesting party.

PART 5

REPEALS AND COMING INTO FORCE

REPEALS

74. The CRTC Rules of Procedure (see footnote 1) are repealed.

75. The CRTC Telecommunications Rules of Procedure (see footnote 2) are repealed.

COMING INTO FORCE

Registration

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

SCHEDULE 1
(Subsection 3(2))

APPLICATIONS GIVING RISE TO A PROCEEDING TO WHICH THE RULES DO NOT APPLY

BROADCASTING APPLICATIONS

1. Application for the extension of a deadline for the implementation of an authority to provide a new service.

2. Application for the extension of a deadline for the filing of documentation or other information in response to a requirement made by the Commission in a decision.

3. Application for changes to the authorized contours of over-the-air programming undertakings in cases where the revised contours do not enter a new market and the proposal will not result in a change of the operating class of a low-power station.

4. Application for changes to the authorized areas of licensed broadcasting distribution undertakings.

5. Application for amendments to conditions of licence to implement a regulatory policy of the Commission or to incorporate a standard condition.

6. The following applications, if they do not raise any concerns with respect to Commission policies or regulations or conditions of licence:

(a) share transfer application that involves an intracorporate reorganization;

(b) share transfer application when effective control of the undertaking is passed between family members or to a family estate or succession;

(c) share transfer application where effective control is subject to a temporary trust arrangement;

(d) share transfer application where there is no change in the effective control of the undertaking;

(e) radio undertaking share transfer application where the value of the transaction, as determined by the Commission, is less than $15 million per station;

(f) broadcasting distribution undertaking share transfer application where the change in effective control involves a single system or a group of systems serving fewer than 100,000 subscribers in total;

(g) conventional television stations share transfer application where the value of the transaction, as determined by the Commission, is less than $30 million per station;

(h) discretionary television services share transfer application where the value of the transaction, as determined by the Commission, is less than $15 million per service.

BROADCASTING AND TELECOMMUNICATIONS APPLICATIONS

7. Application for staff-assisted mediation.

8. Application for final offer arbitration.

9. Application for expedited hearing.

SCHEDULE 2 (Section 43)

THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

Re:

To:

You are required to attend before the Canadian Radio-television and Telecommunications Commission at a hearing to be heard at ...................................... ..................................... on the ............... day of ............ 20..........., at ............., and so on from day to day until the hearing is concluded, to give evidence on oath with respect to the matters in question in the proceeding and to produce on the date and at the time and place ..........................................

(set out, in detail, the documents to be produced)

..........................................................................................................

Dated this ................. day of ............. 20

Corporate Seal of
the Canadian
Radio-television and
Telecommunications
Commission

THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

by: ........................................................

[31-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2010-499

Campus and community radio policy

In the regulatory policy, the Commission sets out its revised policy for both campus and community radio. The Commission considers it appropriate to establish a single policy for this sector that makes provision for differences in the two types of stations where appropriate.

The matters addressed by the policy include

  • the role, definition and mandate of campus and community radio stations;
  • a simplified approach to licensing campus and community stations, including elimination of the campus instructional category, elimination of the distinction between Type A and Type B community stations, and revised provisions for developmental stations;
  • programming requirements;
  • the role of volunteers;
  • a new approach to funding the campus and community radio sector through basic Canadian content development contributions from commercial radio stations and the tangible benefits packages established in ownership transactions;
  • easing of limits on advertising on campus stations;
  • technical matters, including the Commission’s approach to low-power stations;
  • how the Commission will deal with competitive applications;
  • other means of delivering programming, such as new media;
  • Canadian ownership and control requirements and collection of ownership information;
  • cultural diversity; and
  • other matters relating to the campus and community radio sector.

Finally, the Commission sets out how it will implement the various aspects of the new policy.

A summary of the new policy is provided in Appendix 1 of the policy.

July 22, 2010

[31-1-o]

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Éric Godin, Administrative Assistant (CR-04), Canada Remembers Division, Department of Veteran Affairs, Charlottetown, Prince Edward Island, to be a candidate, before and during the election period, for the position of Councillor for the Town of Stratford, Prince Edward Island, in a municipal election to be held on November 1, 2010.

July 20, 2010

KATHY NAKAMURA
Director General
Political Activities Directorate

[31-1-o]

Footnote 1
C.R.C., c. 375

Footnote 2
SOR/79-554