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Home > Our Organization > Statutes and Regulations > New Rules of Practice and Procedure

Presentation to Industry on the New Converged Rules of Procedure

 

17-18 March, 2011

 

The Rules: The Foundation of the CRTC’s Activities

Policies
Complaints Alternative Dispute Resolution Mandatory Orders
Tariffs Licences Ownership Costs Awards
Participation of the public and industry in an efficient, transparent and predictable manner
Rules of Procedure

The Objectives/Benefits of New Rules

Convergence

  • The same rules for almost all of our proceedings (application, notice of consultation, or complaint)

Modernization

  • Greater use of the internet and our website

Simplification

  • Reflects actual practices that have evolved over the years
  • Filing of complete applications (on-line forms); reduction of questions from staff

Flexibility

  • Commission can adapt rules to a particular circumstance
  • Use of existing procedural documents incorporated by reference

Drafting Principles

Can’t repeat the Act in a Regulation

  • In order to provide a ‘one-stop-shop’, rules use notes that point to relevant sections of the Acts (e.g. confidentiality: sections 30, 31 and 34)

Can’t repeat within a Regulation

  • Eg. Section 7 permits the Commission to modify any rule therefore statements such as “unless the Commission directs otherwise” were not used

Incorporation of Documents (Static vs dynamic)

  • Form an integral part of the Rules
  • Some can be ‘amended from time to time’ and others require regulatory amendments

Commission’s discretion is not absolute

  • Public interest or equity tests were inserted to circumscribe the discretion (i.e.: sections 7, 71(2) etc)

Consult the documents in this order of priority !

  • The Rules of Procedure
    • Rules of General application (Part 1)
    • Rules specific to certain proceedings (Parts 2, 3, 4)
  • Documents incorporated by reference (ex. ADR IB 2009-38/2009-38-1)
  • The Guidelines (IB 2010-959)
  • Associated information bulletins (ex. Confidentiality IB 2010-961)

Links to all of these documents can be found on the Rules of Procedure page on the Commission’s website

To Which Proceedings do the Rules of Procedure Apply?

The Rules of Procedure apply to all proceedings before the Commission as of 1 April 2011 on a going forward basis.

Exceptions:

Exceptions in the Regulation:

  • Applications processed administratively in broadcasting listed in Schedule 1 (other than confidentiality)
  • DNCL and unsollicited telecommunications rules, sections 72.01 to 72.15 of the Telecommunications Act

Exceptions related to an issue of implementation:

  • Part 1 Process
    • Applications  in broadcasting (amendments and additions to the eligible satellite list) received before 1 April 2011 will be published by way of Notice of Consultation. 
    • Rules of Procedure apply in all other respects
  • Review and Vary (R&V)
    • An application to R&V a decision published on or before 31 March 2011 will be subject to the 6 month deadline to file the application in the current policy. For all decisions published on 1 April 2011 or after, the new 90 day deadline will apply

4-Part Structure

Part 1 – Converged

  • Powers of the Commission
  • Part 1 Process (30-10)
  • Rules of general application that complement Part 2, 3 & 4

Part 2 – Converged

  • Consumer complaints and ADR

Part 3 – Rules specific to broadcasting

  • New licences and renewals, ownership and mandatory order hearings

Part 4 – Rules specific to telecom

  • ownership, tariffs, requests for information (interrogs), cost awards and R&V applications

Don’t forget that Part 1 includes the general rules of application which fulfill parts 2, 3 and 4.

Part 1 Process


The steps in the process:

  • Filed with Commission and served on Respondents (IB 2010-959: para 59 & following)
  • Complete applications posted on Commission’s website
  • Interveners and Respondents have 30 days to file their intervention or answer
  • Applicant has 10 days to reply

Applies to applications for:

  • Amendment of a licence
  • Addition to the eligible satellite list
  • Undue preference and unjust discrimination
  • Old Part VIIs
  • Any other application that doesn’t fit into Parts 2, 3 or 4

Process for treatment of confidential information

The steps in the process :

  • IB on Confidentiality 2010-961
  • A party designates information as confidential and files reasons for the designation and an abridged version of the document
  • Designated information remains confidential unless the Commission or another party requests disclosure of the information
  • The author of the designation has 10 days to reply to any request for disclosure
  • The Commission makes a decision about whether to disclose
  • An applicant in broadcasting who does not agree with the order to disclose can maintain the designation, in which case the information is not diclosed and it is not considered in the proceeding (Former withdrawal right in Circular 429)

Applies to :

  • All proceedings to which the Rules of Procedure apply
  • Applications dealt with administratively, except that only the Commission can request disclosure

How to Change the Procedure

Section 7: The Commission can change or vary the Rules

  • Either at the request of a party (Procedural Request) or on our own initative
  • The Rules of Procedure do not include a formal process to be followed in considering a procedural request (IB 2010-959: paras 24 to 27)
  • Exceptions  to the Rules should be rare, and must be justified by the circumstances

How the Procedure is Changed

  • Commission creates or changes procedure in the Notice of Consultation
  • The Commision changes procedure by:
    • If there is a Notice of Consultation, a dash (-1)
    • If there is no Notice of Consultation, a procedural letter

The New Terminology

Still calling documents Public Notices instead of NOCs?  Well, here are some new terms you can add to the list of things to forget  :-)

  1. Interested Party becomes Interested Person OR Party (applicant, intervener or respondent)
  2. Deficiency/clarification or Interrog becomes Request for Information
  3. Right of Withdrawal of confidential information becomes Confirmation of designation of confidentiality

Top 10 to surviving the Transition

  1. Read the Procedure section of Notices of Consultation
  2. Set your clocks for 5 pm Vancouver time (8 pm Ottawa time)
  3. Pay close attention to application forms in broadcasting and application cover pages and make sure you’ve done your homework
  4. Always check Part 1 for rules that might apply
  5. Learn to LOVE Access Key and the online form
  6. When making a procedural request, provide detailed rationale for why an exception is warranted.
  7. Learn the new terminology
  8. Watch the Rules of Procedure webpage for additional information
  9. Watch the Part 1 Public Proceedings webpage for procedural letters and changes in process
  10. Ask questions –Client Services

Best advice: Keep calm and carry on

Where do I go if I have questions?

  1. Rules of Procedure website (including the Guidelines in IB 2010-959)
  2. The Commission: within Canada: 1-877-249-CRTC
  3. The Commission: outside of Canada: 1-819-997-0313
  4. By Mail: CRTC, Ottawa, Ontario, Canada, K1A 0N2
  5. By Fax: 819-994-0218

Appendix 1: Key Rules to Remember

  • Section 5: Power to act when matters not provided for in the Rules by analogy with rules of other tribunals including the Federal Court
  •  Section 6:publication of information bulletins to complement the Rules
  • Section 7: power to dispense with or vary the Rules
  • Section 8: incomplete applications and complaints can be returned
  • Section 10: powers of the Commission: to adjourn a proceeding, combine proceedings, decide on the admissibility of evidence, etc.
  • Section 11 (and s. 60 of Telecom Act): power to grant relief in whole or in part or to grant any other necessary relief
  • Section 12:  holiday break (21 Dec – 7 Jan) not counted in deadlines
  • Section 14: process to obtain a document filed by a party in an alternative format
  • Section 21: minimum content of a Notice of Consultation (includes notice of any final reply)
  • Sections 22, 25, 26, 27: content to be adressed in application, response, intervention and reply
  • Section 28: power to require a party to file information or make submissions
  • Section 37: preparatory conferences
  • Section 38: in camera hearings
  • Section 41: parties must get Commission permission to provide new evidence at a hearing
  • Sections 42 & 44: power to require sworn testimony and issue subpoenas
  • Section 71: deadline for filing R&V application in Telecom: 90 days after the decision, unless extended by the Commission
  Date Modified: 2011-03-28

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