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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ACT
NATIONAL TELECOMMUNICATIONS POWERS AND PROCEDURES ACT
RULES OF PROCEDURE OF THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
[Short Title]
1. These Rules may be cited as the CRTC Telecommunications Rules of Procedure.
[Interpretation]
2. In these Rules,
"Commission" means the Executive Committee of the Canadian Radio-television and Telecommunications Commission and includes any committee established by the Executive Committee;
(Conseil)
"interrogatory" means any request in writing for information or particulars made to a party in a proceeding;
(demande de renseignements)
"party" and "person" includes a regulated company; (partie) and (personne)
"proceeding" means any inquiry, complaint or other proceeding commenced by an application to the Commission or initiated by the Commission of its own motion by a public notice or order;
(instance)
"regulated company" means a company subject to the jurisdiction of the Commission by virtue of subsections 14(2) and (3) of the Canadian Radio-television and Telecommunications Commission Act;
(société réglementée)
"Secretary" means the Secretary General of the Canadian Radio-television and Telecommunications Commission and includes a person acting for the Secretary General and, where a proceeding involves a hearing, the secretary at the hearing;
(secrétaire)
"tariff" means any publication containing rates, charges, rules, regulations, conditions, specifications or requirements relating in any way to the furnishing by a regulated company of telecommunications services or facilities to any person.
(tarif)
[Application of Rules]
3. These Rules apply to all proceedings before the Commission by virtue of subsections 14(2) and (3) of the Canadian Radio-television and Telecommunications Commission Act.
PART I
GENERAL
[Applications]
4. Applications to the Commission are governed by these Rules as follows:
(a) applications by regulated companies for the approval of new or amended tariff pages, by Part II;
(b) applications by regulated companies for the approval of general rate increases, by Part III;
(c) applications by regulated companies for the approval of agreements and limitations of liability within agreements required to be approved by the Commission under the Railway Act, by Part IV;
(d) applications by regulated companies for the approval of capital stock issues, by Part V;
(e) applications or complaints by a subscriber or a potential subscriber of a regulated company, by Part VI; and
(f) other applications by any person, by Part VII.
[Holiday]
5. Whenever a time limit or deadline calculated under these Rules falls on a Saturday, Sunday or statutory holiday, the time limit or deadline is extended to the next following working day.
[Form of Documents]
6. (1) All applications, interventions and other documents made or submitted by any party in connection with any proceeding shall, unless special circumstances otherwise require, be 21.5 cm wide and 28 cm long.
(2) Notwithstanding subsection (1), a letter mailed or delivered under section 39 or subsection 56(2) may be in any form.
(3) The style of cause for each proceeding, unless otherwise determined by the Commission, shall, where the applicant is a regulated company, consist of the name of the applicant followed by a short phrase summarizing the nature of the order sought, for example, "Bell Canada, Increase in Rates".
(4) Where a regulated company carries on its telecommunications undertaking in the name of a department or division of the company, the name of the department or division, for example "CN Telecommunications", may be substituted for that of the regulated company for the purposes of any proceeding, except where a reference is intended to apply to the entire undertaking of the company.
[Registration of Interested Parties]
7. (1) Any person or association may be registered as an interested party
in respect of an application
(a) under Part II for which the Commission issues a public notice, or
(b) under Part III, IV or V, after filing a notice in Form 1 of the schedule with the Secretary containing the information required by that Form.
(2) Where a person or association wishes to amend any of the information contained in a notice filed under subsection (1), the person or association may file a substitute notice in Form 1 of the schedule with the Secretary, indicating therein that the former notice is to be replaced thereby.
(3) The Commission may from time to time send inquiries to persons or associations who have been registered as interested parties to verify that their interested party status should be maintained.
(4) The Secretary shall maintain a register of interested parties and shall notify regulated companies forthwith of any additions, deletions or amendments thereto.
[Directions on Procedure]
8. (1) Where it deems it appropriate in any proceeding, the Commission may issue directions on procedure, which shall govern the conduct of the proceeding and prevail over any provision of these Rules that is inconsistent with those directions.
(2) Any person intending to make an application to the Commission may, prior to filing the application, apply ex parte to the Commission for the issuing of directions on procedure relating thereto.
[Service]
9. (1) Subject to subsection (2), service of any notice or other document, including a document originated by the Commission, shall be effected either by personal service, in which case service shall be deemed to have been made on the date of delivery, or by mail, in which case service shall be deemed to have been made when the notice or other document is deposited in a post office.
(2) Proof of service by affidavit shall, at the request of the Commission, be filed with the Secretary in respect of any document required to be served.
(3) Each regulated company shall establish an address for personal service within the National Capital Region, as described in the schedule to the National Capital Act, and in at least two other principal cities within the area served by the company.
(4) Personal service may be effected on the Commission at its offices in the National Capital Region or at any of its regional offices.
[Affidavits]
10. (1) Affidavits in proceedings before the Commission shall be filed with the Secretary.
(2) Where an affidavit is made as to belief, the grounds on which the belief is based shall be set out in the affidavit.
[Verification]
11. (1) The Commission may, at any time, require the whole or any part of any application, answer, intervention or reply or a response to an interrogatory to be verified by affidavit by giving a notice to that effect to the party from whom such verification is required.
(2) If a notice given under subsection (1) is not complied with, the Commission may set aside the application, answer, intervention or reply or the response to an interrogatory or strike out any part thereof not verified in accordance with the notice.
[Stay of Proceeding]
12. Where a party to a proceeding has not complied with any requirement of these Rules or any direction on procedure issued under section 8, the Commission may stay the proceeding until satisfied that such requirement has been complied with or take such other steps as it considers just and reasonable.
[Formulation of Issues]
13. If it appears to the Commission at any time that the statements in an application, answer, intervention or reply do not sufficiently raise or disclose the issue of fact in dispute between the parties, the Commission may direct the parties to prepare issues that shall, if not agreed to by the parties, be settled by the Commission.
[Questions of Law]
14. If it appears to the Commission at any time that there is a question or issue of law, of jurisdiction or of practice and procedure that should be decided before a proceeding is continued, the Commission may direct the question or issue to be referred to the Federal Court of Appeal for decision and the Commission may, pending such decision, order the whole or any part of the proceeding to be stayed.
[Conference]
15. The Commission may, orally or in writing, direct parties or their solicitors
(a) to appear before a member or an officer of the Commission at a specified time and place for a conference; or
(b) to submit suggestions in writing to the Commission, for the purpose of formulating issues and assisting the Commission in the consideration of
(i) the simplification of issues,
(ii) the necessity of desirability of amending an application, answer, intervention or reply for the purpose of clarification, amplification or limitation,
(iii) the admission of certain facts or the proof of them by affidavit, or the use by any party of annual reports or other matters of public record,
(iv) the settling of matters connected with interrogatories,
(v) the procedure at the hearing,
(vi) the mutual exchange among the parties of documents and exhibits proposed to be submitted at the hearing, and
(vii) any other matters that may aid in the simplification of the evidence and disposition of the proceedings.
[Production]
16. (1) Any party to a proceeding may, at any time before the hearing of the proceeding, give notice in writing to any other party in whose application, answer, intervention or reply or response to an interrogatory reference has been made to a document to produce that document for inspection by the party giving the notice of his solicitor and to permit him or his solicitor to make copies thereof.
(2) Any party who fails to comply with a notice given to him pursuant to subsection (1) within 10 days from the receipt thereof shall not thereafter be at liberty to put the document referred to in the notice in evidence on his behalf in the proceeding, unless he satisfies the Commission that he had sufficient cause for not complying with the notice.
[Interrogatories]
17. (1) Where in any proceeding the Commission permits interrogatories to be directed to a party, such interrogatories shall be
(a) addressed to the party;
(b) numbered consecutively, but a series of numbers may be used for interrogatories relating to the same subject-matter;
(c) identified with a designation in the following form:
"Bell (CAC) 23 Jan. 77-100"
where
(i) the first name is an abbreviation for the party from whom the response
is sought,
(ii) the name in parentheses is an abbreviation for the party seeking the response,
(iii) the date is the date on which the interrogatory was sent, and
(iv) the final number is the number of the particular interrogatory; and
(d) served within the time limit directed by the Commission.
(2) A copy of any interrogatories directed to a party pursuant to subsection (1) shall be filed with the Secretary.
[Responses to Interrogatories]
18. (1) Subject to subsection (2), where in any proceeding the Commission permits interrogatories to be directed to a party and interrogatories have been served on the party within the time limit directed by the Commission, the party shall
(a) within the time limit directed by the Commission, provide a full and adequate response to each interrogatory on a separate page or pages, headed as indicated in Form 2 of the schedule; and
(b) file a copy of the responses with the Secretary.
(2) A party who is unable or unwilling to provide a full and adequate response to an interrogatory shall
(a) where the party contends that the interrogatory is not relevant, provide a response that sets out reasons in support of that contention,
(b) where the party contends that the information necessary to provide a response is not available, provide a response that sets out the reasons for the unavailability of such information and provide an alternative available information that the party considers would be of assistance to the person directing the interrogatory, or
(c) where the party contends that the information sought is of a confidential nature, provide a response that sets out the reasons
therefore as required by subsection 19(2), and file with the Secretary a copy of the response provided.
(3) Where an interrogatory is directed to a party in one of the official languages, the party shall provide its response in the same official language.
[Confidentiality]
19. (1) Where a document is filed with the Commission by a party in relation to any proceeding, the Commission shall place the document on the public record unless the party filing the document asserts a claim of confidentiality at the time of such filing.
(2) Any claim for confidentiality made in connection with a document filed with the Commission or requested by the Commission or any party shall be accompanied by the reasons
therefore, and, where it is asserted that specific direct harm would be caused to the party claiming confidentiality, sufficient details shall be provided as to the nature and extent of such harm.
(3) A party claiming confidentiality in connection with a document shall file with the Commission an abridged version of the document to be placed on the public record or his reasons for objecting to the filing of an abridged version thereof.
(4) A claim for confidentiality referred to in subsection (2) shall be placed on the public record and a copy thereof shall be provided on request to any party.
(5) Where a claim for confidentiality is made in connection with a document that has not been filed by a party, the Commission may require the party to file the document and, after the document has been filed, the document shall
(a) be reviewed by the Commission in confidence; and
(b) be dealt with as provided in subsection (10) or (11), whichever is applicable.
(6) Any party wishing the public disclosure of a document in respect of which there has been a claim for confidentiality may file with the Commission
(a) a request for such disclosure setting out the reasons
therefore, including the public interest in the disclosure of all information relevant to the Commission's regulatory responsibilities; and
(b) any material in support of the reasons for public disclosure.
(7) A copy of a request for the public disclosure of a document shall be served on the party claiming confidentiality and that party may, unless the Commission otherwise determines, file a reply with the Commission within 10 days after the date of service of the request and shall, where a reply is filed, serve a copy thereof on the party requesting public disclosure.
(8) Where the Commission of its own motion requests that a document be placed on the public record, the party claiming confidentiality shall have 10 days to file a reply, unless the Commission otherwise determines.
(9) The Commission may dispose of a claim for confidentiality on the basis of the documentation filed or may, if it considers such procedure to be just and proper,
(a) refer the matter to a conference under section 15;
(b) require depositions to be taken before a person appointed to take evidence under section 22; or
(c) where the proceeding includes an oral hearing,
refer the matter to the oral hearing.
(10) Where the Commission is of the opinion that, based on all the material before it, no specific direct harm would be likely to result from disclosure, or where any such specific direct harm is shown but is not sufficient to outweigh the public interest in disclosing the document, the document shall be placed on the public record.
(11) Where the Commission is of the opinion that, based on all the material before it, the specific direct harm likely to result from public disclosure justifies a claim for confidentiality, the Commission may
(a) order that the document not be placed on the public record;
(b) order disclosure of an abridged version of the document; or
(c) order that the document be disclosed to parties at a hearing to be conducted in camera.
[Subpoenas]
20. (1) A subpoena shall be sealed by the Secretary with the Commission's seal and may be served in any part of Canada.
(2) A subpoena may be issued in blank, may be completed by the solicitor or party on whose behalf it is issued and may contain the names of any number of persons required to appear before the Commission.
[Hearing]
21. (1) Witnesses at a hearing shall be examined viva voce on oath unless otherwise provided by these Rules.
(2) The Commission may, at any time, order that
(a) any particular facts be proved by affidavit;
(b) the affidavit of any witness be read at a hearing on such conditions as the Commission thinks reasonable; and
(c) any witness be examined before a Commissioner, an officer of the Commission or any other person appointed by it for that purpose.
(3) Where memoranda of evidence have been furnished prior to the commencement of a hearing, the Commission may permit the introduction of those memoranda as evidence in chief by a witness who
(a) testifies as to his qualifications; and
(b) confirms that the memoranda were prepared under his direction or control and are accurate to the best of his knowledge and belief.
[Examination]
22. (1) A person named by the Commission pursuant to section 74 of the National Transportation Act for the examination of a witness has the authority to administer oaths and any witness ordered to do so by the Commission shall attend before that person.
(2) The evidence taken by a person referred to in subsection (1) shall be confined to the subject-matter in question and any objection to the admission of evidence shall be noted and dealt with by the Commission at the hearing.
(3) Such notice of the time and place of examination as is prescribed in an order under subsection (1) shall be given to the parties required to attend.
(4) All examinations shall be returned to the Commission and the depositions certified under the hand of the person taking them may without further proof be used in evidence, saving all just exceptions.
(5) The Commission may order further evidence to be given viva voce or by depositions taken before a Commissioner or any other person appointed by it for that purpose.
[Sittings]
23. (1) When a hearing is commenced, it shall proceed, as far as may be practicable in the opinion of the Commission, from day to day. (2) The Commission may hold more than one sitting at the same time, and whenever circumstances render it expedient to hold a sitting elsewhere than in the National Capital Region, the Commission may hold the sitting in any part of Canada.
[Argument]
24. The Commission may, whenever it deems it advisable to do so, order written briefs to be submitted by the parties in addition to or in lieu of oral argument.
[Adjournment]
25. The Commission may, at any time, adjourn any proceeding before it.
[Defects in Form]
26. No proceeding shall be defeated by any objections based solely on
defects in form.
[Amendments]
27. The Commission may, on terms or otherwise,
(a) make or allow any amendments in any proceeding, or
(b) order to be amended or struck out any matters that, in the opinion of the Commission, may tend to prejudice, embarrass or delay a fair hearing of the proceeding on the merits, and may order any other amendments as may, in the opinion of the Commission, be necessary for the purpose of hearing and determining the real question in issue between the parties.
[Dispensing with Procedure]
28. In respect of any proceeding, the Commission may, where appropriate, dispense with, vary or supplement any of the provisions of these Rules.
PART II
[Applications for Approval of New or Amended Tariff Pages]
29. (1) Applications for approval of new or amended tariff pages shall be made by filing the following documentation with the Commission:
(a) a Tariff Notice consecutively numbered beginning at the number one and substantially as in Form 3 of the schedule;
(b) a copy of the proposed new or amended tariff pages for which approval is sought, in the form required by subsection (2);
(c) a letter explaining fully the reasons for the changes for which approval is sought; and
(d) any supporting documentation required by the practice of the Commission.
(2) Any proposed new or amended tariff pages shall be filed in the form in which they are proposed to be issued except that the words "PROPOSED TARIFF PAGE" shall be printed or stamped in red ink at the top of each page, and the reference required to be shown at the bottom of each page by paragraph 5(3)(c) of the CRTC Tariff Regulations shall be omitted.
[Amending Application]
30. A regulated company may amend its application under this Part by proposing further changes in the tariff pages affected and, in such cases,
(a) shall file with the Executive Director, Telecommunications, the material required to be filed by subsection 29(1), with such modifications as the circumstances require;
(b) shall number the new Tariff Notice as in the original Tariff Notice but with the addition of a letter, for example "Tariff Notice 1A";
(c) shall amend the filing date and proposed effective date in accordance with section 31; and
(d) may relate the supporting documentation only to the amendment to the original application.
[Filing and Effective Dates]
31. (1) In this Part, "filing date" means
(a) where a Tariff Notice and accompanying material is delivered by hand to the Commission, the date it is delivered; or
(b) where a Tariff Notice and accompanying material is mailed to the Commission, the date of receipt thereof by the Commission.
(2) Subject to subsection (3), the proposed effective date for any new or amended tariff pages shall be at least 30 days after the filing date.
(3) The proposed effective date referred to in subsection (2) may be less than 30 days after the filing date where the application has been filed in response to a decision of the Commission that specifies a lesser period of notice or where otherwise ordered by the Commission.
[Notice to Interested Parties]
32. (1) Where the Commission determines that a public notice shall be issued with respect to an application filed under this Part and where, by a notice in Form 1 of the schedule filed under section 7, a person or association is registered as an interested party with respect to that application, the regulated company shall, forthwith on the issue of the public notice by the Commission, serve on the person or association the following material:
(a) a copy of all material filed with the Commission under sections 29 and 30;
(b) a copy of the existing tariff pages that would be changed if the application were approved, with the words "EXISTING TARIFF PAGE" printed or stamped in red ink at the top of each page; and
(c) a covering letter in Form 4 of the schedule.
(2) Any person or association may request to be furnished by a regulated company with a copy of an application under this Part, and on receiving the request the regulated company shall thereupon serve that person or association with the material specified in subsection (1) with respect to the application.
[Letter of Intervention]
33. (1) Subject to subsection (2), any interested person or association may intervene in respect of an application under this Part by mailing or delivering by hand a letter of intervention to the Commission and serving a copy thereof on the regulated company
(a) within 30 days of the filing date; or
(b) where a public notice has been issued, on or before the date specified in the notice.
(2) Where an application under this Part is for amendments to tariff pages resulting from an earlier decision of the Commission, and the decision has made provisions for further interventions, any further intervention shall be filed with the Commission and a copy thereof shall be served on the regulated company within the period specified in the decision.
(3) A letter of intervention referred to in subsection (1)
(a) shall clearly state the intervener's views regarding the application together with any relevant information that may be useful in explaining or supporting those views;
(b) may include a statement of intention to appear at a public hearing should one be held; and
(c) may include any comments the intervener considers appropriate.
(4) A regulated company
(a) may file a reply with the Commission
(i) within 10 days after receiving a letter of intervention, or
(ii) where a public notice is issued, within 10 days after the final date for interventions; and
(b) shall, where a reply is filed, serve a copy of the reply on the intervener.
[Disposition of Application]
34. The Commission may dispose of an application under this Part on the basis of the written documentation before it or may
(a) require further information to be furnished by one or more of the parties; or
(b) issue directions on procedure if an oral hearing or other form of proceeding is warranted.
35. (1) The Commission shall dispose of an application under this Part by issuing a decision or order
(a) approving the application and ordering the proposed tariff pages to be issued by the regulated company;
(b) approving the application subject to a further amendment of the proposed tariff pages and ordering the proposed tariff pages as amended to be issued by the regulated company; or
(c) denying the application.
(2) New or amended tariff pages issued pursuant to a decision or order of the Commission under subsection (1) shall
(a) be worded and printed exactly as proposed to the Commission or as required to be amended by the Commission;
(b) have removed therefrom any printing or notices printed in red ink; and
(c) comply with the requirements of subsection 5(3) of the CRTC Tariff Regulations.
PART III
APPLICATIONS FOR GENERAL RATE INCREASES
[Interpretation]
36. In this Part,
"central hearing" means a public hearing at which
(a) the witnesses of a regulated company present evidence in support of its application and may be cross-examined thereon, and
(b) interveners, or witnesses on their behalf, may present evidence in support of their interventions and be cross-examined thereon;
"regional hearing" means a public meeting in one or more communities within the service area of a regulated company at which any person or association affected by an application under this Part may
(a) read or expand on a letter of intervention mailed or delivered to the Commission pursuant to paragraph 40(1)(a); or
(b) make any other submission to the Commission.
[Directions on Procedure]
37. (1) At least 60 days before making an application under this Part, a regulated company shall file the following with the Commission:
(a) proposed directions on procedure in Form 5 of the schedule; and
(b) a letter stating
(i) the purpose and scope of the proposed application,
(ii) the proposed effective date for any changes in rates, and
(iii) any other particulars useful in explaining the purpose and scope of the application.
(c) Revoked
(1.1) At least 30 days before making an application under this Part, a regulated company shall file a proposed notice to subscribers in Form 6 of the schedule.
(2) Except where special circumstances apply, the proposed directions on procedure filed under paragraph (1)(a) shall provide for the following time periods from the date of filing of the application:
(a) at least 45 days for the filing of letters of intervention, notices of intention to participate and interrogatories;
(b) at least 75 days for the filing of responses to interrogatories; and
(c) at least 180 days for the proposed effective date of the rate changes.
(3) The Commission shall, within 30 days after receiving the documents filed pursuant to subsection (1), provide the regulated company with
(a) directions on procedure; and
(b) an initial set of interrogatories.
(4) The Commission shall, within 15 days after receipt of the documents filed pursuant to subsection (1.1), provide the regulated company with an approved version of the notice to subscribers.
[Form of Application]
38. (1) Applications for a general increase in rates shall be made by filing with the Commission 20 copies of each of the following documents:
(a) a Request for Increase in Rates, containing a summary of the application for increase and the grounds
therefore, supplemented with a table of present and proposed rates and proposed tariff amendments;
b) Memoranda of Support, consisting of the material intended to be introduced as evidence in chief at the hearing, and filed in the form of numbered memoranda prepared by or under the direction of the persons who will be available for questioning at any ensuing hearing; and
(c) responses to the initial set of Commission interrogatories.
(2) The Memoranda of Support shall include
(a) memoranda describing in detail the progress and current status of any outstanding matters arising from the Commission's decision regarding the previous general rate application by the regulated company or any other relevant decision, order or direction issued by the Commission to the regulated company; and
(b) memoranda on any other matters required by the practice of the Commission.
[Notice]
39. (1) On filing an application under this Part, a regulated company shall
(a) publish forthwith in all newspapers of general circulation specified in the directions on procedure a notice in Form 6 of the schedule;
(b) mail within one month to each of its customers or subscribers, where applicable, a Notice in Form 6 of the schedule; and
(c) place forthwith in each of its business offices for public inspection a copy of all material furnished to the Commission under paragraph
38(1)(a) and a copy of the Commission's directions on procedure.
(2) Where, pursuant to a notice in Form 1 of the schedule filed under section 7, a person or association is registered as an interested party in respect of an application made under this Part, a regulated company shall, forthwith on filing its application, mail or deliver to that person or association and to any other person specified in the directions on procedure the following material:
(a) a copy of all material filed with the Commission under paragraphs 38(1)(a) and (b);
(b) a covering letter in Form 7 of the schedule; and
(c) a copy of the directions on procedure issued by the Commission.
(3) Any person or association may request to be furnished by a regulated company with a copy of an application under this Part and on receiving the request the regulated company shall thereupon serve that person or association with the material specified in subsection (2) with respect to the application.
[Interventions]
40. (1) Any interested person or association may intervene in respect of an application under this Part by
(a) mailing or delivering by hand a letter of intervention to the Commission pursuant to subsection (2);
(b) making a submission at a regional hearing, pursuant to subsection (3); or
(c) participating at the central hearing pursuant to subsection (4).
(2) An intervener under paragraph (1)(a) shall
(a) file with the Secretary, on or before the date prescribed in the directions on procedure, a letter of intervention that
(i) states clearly the intervener's views regarding the application together with any relevant information that may be useful in explaining or supporting those views, and
(ii) may include any comments the intervener considers appropriate; and
(b) send a copy of the letter of intervention to the regulated company.
(3) An intervener under paragraph (1)(b) shall
(a) where possible, file with the Secretary a letter of intervention described in subsection (2) that includes a clear statement of his desire to appear at a regional hearing; or
(b) notify the Commission, orally or in writing, at least 24 hours before the commencement of the hearing, of his desire to appear at a regional hearing and of the general subject-matter of his submission, but the Chairman of the hearing may waive the requirement of notice where no substantial prejudice is likely to occur.
(4) An intervener under paragraph (1)(c) shall
(a) file with the Secretary, on or before the date prescribed in the directions on procedure, a notice of intention to participate that
(i) states clearly the intervener's intention to participate at the central hearing,
(ii) sets out the name, mailing address, address for personal service and telephone number (and Telex/TWX numbers if applicable) of the intervener or agent authorized to receive documents on his behalf,
(iii) describes the nature of the intervener's interest in the application, and
(iv) includes any comments the intervener considers appropriate; and
(b) send a copy of the notice of intention to participate to the regulated company.
(5) A regulated company may, within 10 days after receiving a letter of intervention or a notice of intention to participate, serve a reply on the intervener and shall file a copy of the reply with the Commission.
[Interrogatories]
41. (1) Any interested person or association who files with the Secretary a letter of intervention or a notice of intention to participate may address interrogatories to a regulated company by the date prescribed in paragraph 37(2)(a).
(2) After the date prescribed in paragraph 37(2)(a), supplementary interrogatories in respect of questions arising out of the responses of a regulated company to previous interrogatories may, with the consent of the Commission, be addressed to the company.
[Application File]
42. A regulated company shall ensure that all interested persons or associations who have filed a notice of intention to participate pursuant to subsection 40(4) are sent a copy of the application pursuant to section 38, and the Commission's directions on procedure pursuant to section 37, and shall send such persons or associations forthwith a copy of all responses to interrogatories as soon as possible after they are filed with the Commission.
[Hearings]
43. (1) Unless otherwise directed by the Commission, all applications made under this Part shall be considered at the central hearing and at one or more regional hearings at times and locations determined by the Commission.
(2) All examinations of the witnesses of a regulated company in connection with evidence filed by the company in support of its application under this Part shall take place at the central hearing.
(3) At any regional hearing, any person or association affected by the application that is the subject of the hearing may make submissions to the Commission in respect of the application.
(4) At any regional hearing, the regulated company whose application is the subject of the hearing may
(a) ask questions of clarification concerning submissions made under subsection (3);
(b) make a submission in reply to any submission made under subsection (3), which will in turn be subject to questions; or
(c) where it considers that the evidence presented by an intervener is of an expert nature and appropriate to be considered at the central hearing, request that such evidence be submitted at the central hearing.
(5) The Commission may, where appropriate, consolidate the regional and central hearings and require all matters to be dealt with at the single consolidated hearing, in which case the alternative procedures set out in Forms 5 and 6 of the schedule shall apply.
(6) Where an intervener intends to present evidence at a central hearing, memoranda consisting of the material intended to be presented as evidence shall be filed with the Commission and a copy thereof shall be served on the regulated company whose application is the subject of the hearing and on all other parties 48 hours before the calling of the witnesses in respect thereof or such longer period as the Commission may consider necessary under the circumstances.
[Costs]
44. (1) In any proceeding under this Part, the Commission may award costs to be paid by the regulated company to any intervener who
(a) has, or is representative of a group or class of subscribers that has, an interest in the outcome of the proceeding of such a nature that the intervener or group or class of subscribers will receive a benefit or suffer a detriment as a result of the order or decision resulting from the proceeding;
(b) has participated in a responsible way; and
(c) has contributed to a better understanding of the issues by the Commission.
(2) An application for costs under this Part shall be made by filing a written application with the Secretary within 30 days of the last day of the hearing or such longer time as the Commission directs, setting out the reasons why costs should be
awarded having regard to the circumstances of the case and the factors set forth in subsection (1), and a copy thereof shall be served on the regulated company.
(3) A regulated company may, within 10 days from the date of service on it of an application for costs, file an answer with the Secretary and serve a copy thereof on the applicant for costs.
(4) An applicant for costs may, within 10 days after service on him of an answer, file a reply with the Secretary and serve a copy thereof on the regulated company.
(5) The Commission shall determine the entitlement to costs of an intervener or other party and shall issue a direction to the affected parties indicating
(a) whether the intervener is entitled to costs or whether, having regard to the circumstances of the case and the factors set forth in subsection (1), no costs or only a proportion of costs should be awarded;
(b) where there has been an interim award of costs pursuant to section 45, to what extent the amount so awarded is confirmed or varied;
(c) by whom the costs will be paid to the intervener; and
(d) any other matter the Commission considers appropriate.
(6) Costs awarded under this section
(a) shall be taxed by the General Counsel of the Commission or by such officer as may be appointed by the Commission;
(b) shall not exceed those necessarily and reasonably incurred by the intervener in connection with its intervention; and
(c) where the Commission has prescribed a scale of costs based on prevailing market rates, shall not exceed the amounts so prescribed.
(7) The taxing officer appointed by the Commission shall take into account financial assistance from government or other sources in determining the amount of costs to be awarded under this section.
(8) Within 30 days of the issue of a direction awarding costs to an intervener, the intervener shall submit for taxation a bill of costs and an affidavit of disbursements to the taxing officer and shall serve a copy thereof on the regulated company or other party directed to pay the costs.
(9) A taxing officer may direct a time and place for the affected parties to attend before him on the taxation of costs under this section.
(10) An intervener or applicant under this Part may appeal the decision of the taxing officer to the Commission by filing an appeal in writing with the Secretary and serving a copy thereof on the other affected parties within 10 days of the decision.
(11) Within 10 days after receiving an appeal under subsection (10), an intervener or regulated company who intends to oppose the appeal shall file an answer with the Secretary and serve on the appellant an answer to the appeal.
(12) Within 10 days after an intervener or applicant under this Part receives an answer to an appeal, he may file with the Secretary a reply thereto and serve a copy thereof on the other affected parties.
(13) The Commission shall determine an appeal under this Part without any further hearing.
45. (1) Within 30 days of an application made under this Part, an intervener may apply to the Commission for an interim award of costs if he
(a) has, or is representative of a group or class of subscribers that has, an interest in the outcome of the proceeding of such a nature that the intervener or other party will receive a benefit or suffer a detriment as a result of the order or decision made following the proceeding;
(b) can demonstrate to the satisfaction of the Commission that he can contribute to a better understanding of the issues by the Commission;
(c) undertakes to participate in the proceeding in a responsible way; and
(d) can satisfy the Commission that he does not have sufficient financial resources available to participate effectively in the proceeding in the absence of an award of costs under this section.
(2) On receipt of an application made under subsection (1), the Commission shall adopt the procedures set forth in subsections 44(3) to (5), subject to such modifications as the circumstances require.
(3) The Commission may direct that an interim award of costs be made to an intervener on such terms as it considers reasonable, and the regulated company shall, forthwith, pay to the intervener the amount set out in such award.
(4) Any intervener who receives an interim award of costs under subsection
(3) shall file an application for costs pursuant to subsection 44(2) and, in addition to the requirements of that subsection, the intervener shall file
(a) documentation that demonstrates that he has fulfilled all the undertakings and representations made in support of the application for interim costs; and
(b) where the amount of costs applied for pursuant to subsection 44(2) differs from the amount of costs applied for pursuant to subsection (1) of this section, an explanation of that difference.
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ACT
PART IV
[Applications for Approval of Agreements]
46. (1) This Part applies to all applications by regulated companies for approval of agreements and limitations of liability in agreements required to be approved by the Commission under the Railway Act.
(2) Applications for approval under this Part shall be made by filing the following documentation with the Commission:
(a) a letter requesting approval and setting out fully
(i) the circumstances leading up to the execution of the agreement,
(ii) the purpose and effect of the agreement,
(iii) the proposed effective date of the agreement,
(iv) the reasons why approval would be in the public interest, and
(v) any other comments that may be of assistance in reviewing the application;
(b) a copy of the proposed agreement, as executed by the parties; and
(c) any supporting documentation required by the practice of the Commission.
[Filing and Effective Dates]
47. (1) The filing date of an application under this Part shall
(a) where the application is delivered by hand to the Commission, be the date it is so delivered; or
(b) where the application is mailed to the Commission, the date it is deposited in a post office.
(2) Subject to subsection (3), the proposed effective date of the agreement shall be at least 60 days after the filing date.
(3) The proposed effective date of the agreement may be less than 60 days after the filing date where
(a) the agreement follows a standard form of agreement that has been approved by the Commission;
(b) the agreement is intended to replace an earlier agreement that expired while negotiations for the new agreement were continuing; or
(c) there are, in the opinion of the Commission, special circumstances warranting a lesser period after the filing date.
(4) Nothing in these Rules precludes the Commission from approving an agreement or limitation of liability in an agreement and ordering that it comes into force on a date before the date of the Commission's order or decision.
[Notice to Interested Party]
48. Where, by a notice in Form 1 of the schedule filed under section 7, a person or association is registered as an interested party in respect of an application made under this Part, the regulated company shall, forthwith on filing its application, mail or deliver to that person or association the following material:
(a) a copy of all material furnished to the Commission under section 46;
(b) where the agreement is intended to replace, supplant or supplement an earlier agreement, a copy of the earlier agreement; and
(c) a covering letter in the form set out in Form 8 of the schedule.
[Letter of Intervention]
49. (1) Any interested person or association may intervene in respect of an application under this Part by mailing or delivering by hand a letter of intervention to the Commission and serving a copy thereof on the regulated company
(a) within 30 days of the filing date; or
(b) where a public notice has been issued, on or before the date specified in the notice.
(2) A letter of intervention referred to in subsection (1)
(a) shall clearly state the intervener's views regarding the application together with any relevant information that may be useful in explaining or supporting those views;
(b) may include a statement of intention to appear at a public hearing should one be held; and
(c) may include any comments the intervener considers appropriate.
(3) A regulated company
(a) may file a reply with the Commission
(i) within 10 days after receiving a letter of intervention, or
(ii) where a public notice is issued, within 10 days after the final date for interventions; and
(b) shall, where a reply is filed, serve a copy of the reply on the intervener.
[Disposition of Application]
50. The Commission may dispose of an application under this Part on the basis of the written documentation before it or may
(a) require further information to be furnished by one or more of the parties; or
(b) issue directions on procedure if an oral hearing or other form of proceeding is warranted.
PART VI
[Subscribers' Applications or Complaints]
56. (1) This Part applies to any application or complaint made by a subscriber or a potential subscriber of a regulated company in connection with
(a) quality of service,
(b) accessibility of service,
(c) the application of one or more provisions of the company's tariffs to the subscriber,
(d) disconnection or reconnection of service or facilities, or
(e) any other matter respecting the relations between the company and the
subscriber, but does not apply to a complaint made as part of a letter of comment filed in connection with a proceeding under Part III.
(2) An application or complaint under this Part may be made by mailing or delivering by hand a letter to the Commission setting out the facts and requesting relief, which letter need not be served on the regulated company.
(3) Where the Commission considers that an application or complaint warrants investigation, it shall forward a copy of the letter received under subsection (2) or a summary thereof to the regulated company requesting comment, and the company shall reply within 20 days or such longer period as the Commission may specify.
(4) The Commission may deal with the application or the complaint on the basis of the written documentation before it, or may
(a) require further information to be furnished by one or more of the parties; or
(b) issue directions on procedure if the Commission considers an oral hearing or other form of proceeding warranted.
(5) Where an application or complaint under this Part seeks relief on an emergency basis, such application or complaint may be made orally to an officer of the Commission, and the Commission may, where an interim settlement cannot be reached with the regulated company, issue an interim ex parte order authorizing, requiring or forbidding anything to be done that the Commission would be empowered, on application, notice and hearing, to authorize, require or forbid, but the Commission shall, in such case, require the applicant to file a further application or complaint in written form to be disposed of according to the procedure set out in this Part.
(6) Where, by reason of the substantial moneys involved in the matter or for any other reason, the Commission considers it just and expedient to do so, it may require an application or complaint under this section to be formally refiled as an application under Part VII.
PART VII
OTHER APPLICATIONS
[Form of Application]
57. (1) This Part applies to all applications by any person other than an application made under Part II, III, IV, V or VI.
(2) An application under this Part shall
(a) contain a clear and concise statement of the nature of the order or decision applied for, and the title and section of the statute under which it is made;
(b) contain a clear and concise statement of the facts upon which the applicant relies, and any other information required to inform the Commission of the nature, purpose and extent of the application;
(c) set out proposed directions on procedure where the applicant requests a particular form of proceeding or seeks to vary or supplement these Rules;
(d) be divided into paragraphs, numbered consecutively, each of which shall be confined as nearly as possible to a distinct portion of the subject;
(e) be endorsed with the name and address of the applicant or of a solicitor or agent acting for him in the matter;
(f) be accompanied by any document that may be useful in explaining or supporting the application; and
(g) where the application is directed against another party, be endorsed with notice as to service of answer as set forth in the form of endorsement given in Form 12 of the schedule.
(3) An application under this Part shall be mailed or delivered by hand to the Secretary.
(4) Where an application under this Part is directed against another party in adverse interest to that party, in this Part designated as the "respondent", the applicant shall serve a copy of the application on each respondent.
[Notice]
58. The Commission may, in any proceeding, direct that notice of an application be given in such form as the Commission deems reasonable and, where the Commission so directs, the applicant shall file with the Secretary proof that notice has been given as directed.
[Answer]
59. (1) A respondent who intends to oppose an application shall mail or deliver by hand to the Secretary an answer to the application and serve a copy of the answer on the applicant within the period prescribed by the Commission or, where no period is prescribed by the Commission, within 30 days from the date of service of the application.
(2) The answer referred to in subsection (1) shall
(a) contain a clear and concise statement of the facts on which the respondent relies and any other information required to inform the Commission of the nature of the answer;
(b) be divided into paragraphs, numbered consecutively;
(c) be endorsed with the name and address of the respondent or of a solicitor or agent acting for him in the matter;
(d) be endorsed with notice as to service of reply as set forth in the form of endorsement given in Form 13 of the schedule; and
(e) be accompanied by any document that may be useful in explaining or supporting the answer.
(3) If a party does not mail or deliver an answer to an application in accordance with subsection (1), the Commission may dispose of the application without further notice to him.
[Intervention]
60. (1) Any interested person or association may intervene in respect of an application under this Part by mailing or delivering by hand a letter of intervention to the Commission and serving copies thereof on the applicant, the respondent, if any, and such other persons as the Commission may direct
(a) within the period prescribed by the Commission; or
(b) where a public notice has been issued, on or before the date specified in the notice.
(2) A letter of intervention referred to in subsection (1)
(a) shall clearly state the intervener's views regarding the application together with any relevant information that may be useful in explaining or supporting those views;
(b) may include a statement of intention to appear at a public hearing should one be held; and
(c) may include any comments the intervener considers appropriate.
[Reply]
61. (1) An applicant or a respondent may, within the period prescribed by the Commission or, where no time is prescribed by the Commission, within 10 days after the receipt of an answer or intervention, file a reply with the Secretary and shall serve a copy of the reply on the parties.
(2) In a reply filed pursuant to subsection (1), the applicant or respondent may object to the answer or intervention as being insufficient, stating the grounds of the objection, and may admit or deny any or all of the facts alleged in the answer or intervention.
SCHEDULE
(ss. 7, 18, 29, 32, 37, 39, 43, 48, 51, 53, 57 and 59)
FORM 1
NOTICE OF INTERESTED PARTY
(date)
Secretary General,
Canadian Radio-television and Telecommunications Commission,
(address)
TAKE NOTICE THAT (name of person or association) desires to be registered as an interested party in respect of any application(s) of the kind described below, which may be made to the Canadian Radio-television and Telecommunications Commission by (name of regulated company). This notice is filed in accordance with section 7 of the CRTC Telecommunications Rules of Procedure.
The type of application(s) for which notice is sought is as follows: (describe nature of application(s)).
(Name of person or association) is interested in such application(s) by reason of the fact that (describe nature of interest).
The name, mailing address, address for personal service, (and telephone and Telex/TWC numbers if applicable) of the individual or agent authorized to receive notices on (my, our) behalf are as follows:
(name and particulars)
Signed
*cl
(name, title)
(name of person or association)
FORM 2
RESPONSE TO INTERROGATORY
(full name of party furnishing Response to response) Interrogatory
(date of response) Bell(CAC)23 Jan. 76-100
Page 1 of 1
*cm
Q. (reproduce original interrogatory)
A. (set out response)
FORM 3
TARIFF NOTICE
(name of company)
(address)
(date)
Executive Director, Telecommunications,
Canadian Radio-television and Telecommunications Commission,
(address)
Dear (name):
[TARIFF NOTICE NO.
In compliance with the requirements of the Railway Act and section 29 of the CRTC Telecommunications Rules of Procedure, (name of company) applies herewith for approval of the following tariff amendments:
Tariff CRTC (number) (Proposed Effective Date) (Description)
Enclosed herewith are copies of the proposed new or revised tariff pages and a letter of explanation for the changes requested.
Signed
*cl
(name, title)
FORM 4
NOTICE TO INTERESTED PARTY UNDER PART II
(name of company)
(address)
(date)
(name, address of agent for interested party)
Dear (name):
(name of company), Tariff Amendment
under Notice No. ...
In accordance with section 32 of the CRTC Telecommunications Rules of Procedure, we have enclosed herewith a copy of an application filed on (date) with the Canadian Radio-television and Telecommunications Commission for the approval of new or amended tariff pages.
On (date) the Commission issued public notice (reference) with respect to the above noted tariff filing. A copy of the public notice is also enclosed.
Yours truly,
*cl
(name, title)
FORM 5
DIRECTIONS ON PROCEDURE
(date)
(style of cause)
[Directions on Procedure]
(Name of company) proposes to apply to the Canadian Radio-television and Telecommunications Commission for a general increase in rates, to be effective on (date). Having considered the submissions of the company with respect thereto, the Commission directs as follows:
1. The filing date of the application and responses to the initial set of Commission interrogatories shall be (date).
2. Letters of intervention and notices of intention to participate at the central hearing are required to be filed by (date).
3. Interrogatories addressed to the applicant are required to be filed and served by (date), provided that supplementary interrogatories may be permitted after that date with the consent of the Commission. The applicant is required to respond to interrogatories received within the specified time limit by (date).
4. A pre-hearing conference is scheduled to take place in (location) on (date).
5. Provided the application file is completed to the satisfaction of the Commission, the central hearing shall commence in (location) on (date).
6. Regional hearings will be held in the period from (date) to (date).
(Note: Where a regional and a central hearing are expected to be consolidated pursuant to subsection 43(5) of the CRTC Telecommunications Rules of Procedure, paragraph 5 above should omit the word "central", paragraph 6 should be deleted, and paragraphs 7 to 10 should be renumbered 6 to 9 respectively.)
7. The application shall be provided in (name of official language(s)).
8. In addition to those persons entitled to a copy of the application under the CRTC Telecommunications Rules of Procedure, the company shall mail or deliver a copy of all material furnished to the Commission under paragraph 38(1)(a) of those Rules and a notification that a copy of the Memoranda of Support and the company's responses to the initial set of Commission interrogatories is available on request to the following: (insert names).
9. The newspapers in which the applicant is required to publish a notice
to subscribers are as follows: (insert names)
10. These Directions supplement the CRTC Telecommunications Rules of Procedure.
(name)
Secretary General
FORM 6
NOTICE TO SUBSCRIBERS
Notice to (name of company, type of service) Subscribers
(Name of company) has filed an application with the Canadian Radio-television and Telecommunications Commission for an increase in its rates. The company has proposed that the increases come into effect on (date).
Q. BRIEFLY, WHAT IS THE APPLICATION ALL ABOUT?
A. (State highlights of application, including estimated revenue increase on an annual basis)
Q. HOW WOULD MY RATES BE AFFECTED BY THE APPLICATION?
A. Some examples of how rates would be affected by the changes being applied for are set out below. A detailed schedule of the proposed changes, which indicates specifically how rates would be affected in your community, is provided in the application itself.
(provide particulars of increases for each service category, including representative changes by rate group, if applicable)
Q. WHY IS THE COMPANY ASKING FOR A RATE INCREASE NOW?
A. The full details of the company's justification for the increases are set out in its application. By way of summary, the company has made the following statement:
"(provide brief statement)"
All of the assertions above, and the application itself, will be subject to questioning and examination at CRTC public hearings in which any (name of company) subscriber may participate.
Q. WHERE CAN I SEE A COPY OF THE APPLICATION?
A. Part A of the application, consisting of the Request for Increase in Rates, is available for public inspection during normal business hours at every (name of company) business office and at the offices of the CRTC, (addresses). Part B of the application, consisting of Memoranda of Support, and Part C of the application, consisting of responses to the initial set of Commission interrogatories are also available for inspection at the CRTC and at the following (name of company) business offices; (addresses) and will be sent to anyone filing a notice of intention to participate.
Q. HOW CAN I COMMENT ON THE APPLICATION?
A. You may express your comments in one of three ways:
1) BY SENDING A LETTER TO THE COMMISSION
If you have a comment or matter that you feel the Commission should take into account in reviewing the application, including such matters as quality of service, availability of service, billing practices, or any other matter relating to the company's operations, you can write directly to the
Commission. Your letter should clearly state your views and should include any relevant information that may be useful in explaining or supporting those views. Send your letter so it will be received by (date) to (name), Secretary General, Canadian Radio-television and Telecommunications Commission, (address). A copy of your letter should also be sent to (name, title, address). In the case of delivery by hand, you may use any of the locations listed above for public inspection of Part B of the application.
2) BY APPEARING AT A REGIONAL HEARING
The Commission will be holding regional hearings, which will take the form of public meetings normally held in the evening in a number of different communities within (name of company's) service area during (specify time period). The locations will be selected depending on the response to this notice; these locations and the precise times of the meetings will be announced later. If you would like an opportunity to appear at one of these hearings, at which you may expand on your letter or make further submissions, you should follow the procedure described above for sending comments to the Commission, making sure to include a statement of your desire to participate at a regional hearing.
3) BY APPEARING AT THE CENTRAL HEARING
In addition to the regional hearings the Commission will be conducting a more formal central hearing that is tentatively scheduled to take place in (location), commencing (day, date, time) provided the application file has been completed to the satisfaction of the Commission. Participation in this part of the hearing, which generally requires being present on a daily basis, involves presentation of evidence by both the applicant and interveners, often through expert witnesses, and includes cross-examination. If you wish to participate at the central hearing, you must file a notice of intention to participate with the Commission on or before (date), with a copy to the company. This will entitle you to receive a complete copy of the application. The deadline for the submission of interrogatories to the company, with a copy to the Commission, is also (date).
(Note: Where a regional hearing and a central hearing are expected to be consolidated pursuant to subsection 43(5) of the CRTC Telecommunications Rules of Procedure, the first sentence of the response above would read "A. You may express your comments in one of two ways:" and the following would be substituted for entries 2) and 3) above.)
2) BY APPEARING AT THE PUBLIC HEARING
The Commission will be holding a public hearing into the application that is tentatively scheduled to take place in (location), commencing (day, date, time) provided the application file has been completed to the satisfaction of the Commission. The first part of the hearing will be devoted to hearing representations from subscribers. If you would like an opportunity to appear and expand on your letter, or make further submissions, you should follow the procedure described above for sending comments to the Commission, making sure to include a statement of your desire to appear. Following these representations, the second part of the hearing will be devoted to a detailed review of the company's evidence. Participation in this part of the hearing, which generally requires being present on a daily basis, involves presentations of evidence by both the applicant and interveners, often through expert witnesses, and includes cross-examination. If you wish to participate at this stage, you must file a notice of intention to participate with the Commission with a copy to the company on or before (date). This will entitle you to receive a complete copy of the application. The deadline for the submission of interrogatories to the company, with a copy to the Commission, is also (date).
Q. WHOM MAY I CONTACT FOR FURTHER INFORMATION?
A. Read the CRTC Telecommunications Rules of Procedure to find out the rights and obligations of parties to a hearing. Copies are available at a cost of (charge) from (name and address). For additional information on the application or the hearing procedure, please contact (name of company) or the CRTC.
FORM 7
NOTICE TO INTERESTED PARTY UNDER PART III
(name of company)
(address)
(date)
(name, address of agent for interested party)
Dear (name):
(style of cause)
In accordance with section 39 of the CRTC Telecommunications Rules of Procedure, we have enclosed herewith a copy of an application filed on (date) with the Canadian Radio-television and Telecommunications Commission for the approval of a (general increase in rates, etc.).
Further, in accordance with section 39 of the said Rules and with specific directions on procedure issued by the Commission, we are publishing a notice to subscribers in several newspapers and including a copy of the notice with the regular billings to our subscribers. Copies of the directions on procedure and the text of the notice to subscribers are also enclosed.
A copy of our responses to the initial set of Commission interrogatories, also filed on (date), are available from us upon request.
Yours truly,
*cl
(name, title)
FORM 8
NOTICE TO INTERESTED PARTY UNDER PART IV
(name of company)
(address)
(date)
(name, address of agent for interested party)
Dear (name):
(name of company), Agreement with
(name of company)
*cm
In accordance with section 48 of the CRTC Telecommunications Rules of Procedure, we have enclosed herewith a copy of an application filed with the Canadian Radio-television and Telecommunications Commission for the approval of (an agreement, limitations of liability in an agreement) under section (number) of the Railway Act.
The filing date of the application is (date). The proposed agreement is intended to come into effect on (date).
If you are interested in commenting with respect to this application you may do so by mailing or delivering by hand a letter of intervention to the Commission with a copy to the undersigned.
The mailing address to be used for the CRTC is (name of Secretary General), Secretary General, CRTC, (address). Locations for delivery by hand are, in the case of the CRTC: (addresses); and in the case of (name of company): (addresses).
Your letter of intervention should clearly state your views regarding the application together with any relevant information that may be useful in explaining or supporting those views. It may also include a statement of intention to appear at a public hearing should one be held. Unless otherwise directed by the Commission, all interventions must be mailed or delivered by hand within 30 days from the filing date of the application.
Yours truly,
*cl
(name, title)
FORM 9
NOTICE TO INTERESTED PARTY UNDER PART V
(name of company)
(address)
(date)
(name, address of agent for interested party)
Dear (name):
(name of company), Issue of
(type of) Shares
In accordance with section 53 of the CRTC Telecommunications Rules of Procedure, we have enclosed herewith a copy of an application filed on (date) with the Canadian Radio-television and Telecommunications Commission for the approval of the amount, terms and conditions of an issue, sale or other disposition of capital stock by the company.
Further, in accordance with section 53 of the said Rules and with specific directions on procedure issued by the Commission, we are publishing a public notice concerning this application in several newspapers. Copies of the directions on procedure and the text of the public notice are also enclosed.
Yours truly,
*cl
(name, title)
FORM 10
DIRECTIONS ON PROCEDURE
(date)
(style of cause)
[Directions on Procedure]
(Name of company) proposes to apply to the Canadian Radio-television and Telecommunications Commission for approval of (describe type of application), to be effective on (date). Having considered the submissions of the company with respect thereto, the Commission directs as follows:
(1) The filing date of the application shall be (date).
(2) Letters of intervention are required to be filed by (date).
(3) Replies to letters of intervention are required to be filed by (date).
(4) If after having reviewed all relevant documentation submitted in connection with the application the Commission determines that it is necessary to hold a public hearing, such hearing is scheduled to take place on (date).
(5) The application shall be provided in (name of official language(s)).
(6) In addition to those persons entitled to a copy of the application under the CRTC Telecommunications Rules of Procedure, the company shall mail or deliver a copy of the application forthwith on filing to the following:
(insert names)
(7) On filing of the application, the company shall deposit and keep on file, for public inspection during normal business hours, a copy of the application in its offices at (insert location(s)).
(8) On receiving a copy of an intervention the company shall, if it has not already done so, serve on the intervener forthwith a copy of the application.
(9) The newspapers in which the company is required to publish a notice are as follows:
(insert names)
(10) These Directions supplement the CRTC Telecommunications Rules of Procedure.
(name)
Secretary General
FORM 11
PUBLIC NOTICE UNDER PART V
Ottawa, (date)
(Name of company, style of cause)
The Canadian Radio-television and Telecommunications Commission has received an application from (name of company) for approval of (describe type of application).
(Provide a summary of the proposed issue, etc. including an explanation of the reasons for it.)
The application and accompanying documents are available for public inspection during normal business hours at the offices of (name of company and appropriate address(es)), and at the offices of the CRTC, (addresses of appropriate offices).
INTERVENTIONS
Any interested person or association who wishes to comment on this application may do so by mailing or delivery by hand a letter of intervention to the Commission with a copy thereof to (name of company). The mailing addresses to be used are: (name of Secretary General), Secretary General, CRTC, (address); and (name and address of appropriate officer of the company). In the case of delivery by hand, the locations listed above for public inspection of documents should be used.
A letter of intervention should clearly state the intervener's views regarding the application together with any relevant information that may be useful in explaining or supporting those views. It may also include a statement of intention to appear at a public hearing should one be held. In order to be considered, all interventions must actually be received by (name of company) and the Commission on or before (date).
Similarly, copies of replies from (name of company) to any interventions must actually be received by the interveners concerned and by the Commission on or before (date).
PROCEDURES TO BE FOLLOWED
(Note: Two alternative texts are provided for this section of the notice. If the application is of the type where an approval in principle will be required before final details as to price, etc. are to be submitted, use text A. If the application is of the type where approval in principle is not necessary, use text B.)
(TEXT A)
Depending on the nature of the interventions and replies received within the time periods set out above, the Commission will determine whether or not a public hearing will be held to deal with the application. If, in the Commission's view, a public hearing is not necessary, the Commission will render a decision "in principle" on or before (date).
If the Commission determines that a public hearing is necessary, it will take place on (date) at an exact time and location to be specified by the Commission. All persons or associations who have expressed an interest in the application will be notified by the Commission should a public hearing be convened.
Such a hearing would be held to examine the details of the proposed (type of application), with the exception of (describe information to be filed later), which will be determined by the applicant's Board of Directors (describe when). The CRTC will render a decision in principle forthwith on completion of the hearing.
If the Commission approves the application in principle, the applicant will provide the Commission on or before (date) with (describe final details). Provided this information does not depart materially from that set out in the application, final approval will be granted on (date).
(TEXT B)
Depending on the nature of the interventions and replies received within the time periods set out above, the Commission will determine whether or not a public hearing will be held to deal with the application. If the Commission determines that a public hearing is necessary, it will take place on (date) at an exact time and location to be specified by the Commission. All persons or associations who have expressed an interest in the application will be notified by the Commission should a public hearing be convened.
The Commission will render a decision on or before (date).
FORM 12
FORM OF ENDORSEMENT ON APPLICATION UNDER PART VII NOTICE
This application is made by (name and address of person or association), (or by (name and address of solicitor), solicitor for (name of person or association)).
TAKE NOTICE that pursuant to section 59 of the CRTC Telecommunications Rules of Procedure (and the directions on procedure attached hereto, if applicable), the respondent is required to mail or deliver his answer to this application to the Secretary General of the Canadian Radio-television and Telecommunications Commission, (address), and to serve a copy of the answer on the applicant or his solicitor by (date).
Service of the copy of the answer on the applicant may be effected by personal delivery or by ordinary mail. In the case of service by personal delivery, it may be effected at the address set out above (or at any of the locations set out below).
If the respondent does not file or serve his answer within the time limit prescribed, the application may be disposed of without further notice to him.
FORM 13
FORM OF ENDORSEMENT ON ANSWER UNDER PART VII NOTICE
This answer is made by (name and address of person or association), (or by (name and address of solicitor), solicitor for (name of person or association)).
TAKE NOTICE that pursuant to section 61 of the CRTC Telecommunications Rules of Procedure (and the directions on procedure attached hereto, if applicable), the applicant is permitted to mail or deliver a reply to this answer to the Secretary General of the Canadian Radio-television and Telecommunications Commission, and to serve a copy of the reply on the respondent or his solicitor by (date).
Service of a copy of the reply may be effected by personal delivery or by ordinary mail. In the case of service by personal delivery, it may be effected at the address set out above (or at any of the locations set out below).
SCHEDULE I
(ss. 3, 14 and 17)
APPOINTMENT OF AGENT
To: The Canadian Radio-television and Telecommunications Commission The undersigned applicant hereby appoints
......................................................
his/its agent for and on his/its behalf and in his/its name to sign, serve and file an application (reply) to The Canadian Radio-television and Telecommunications Commission and the undersigned does hereby ratify, confirm and adopt as his/its own act, such application (reply).
Dated at .....................this.................day of ...................................19........The applicant
SCHEDULE II
(s. 31)
THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
RE:
To:
You are summoned and required to attend before The Canadian Radio-television and Telecommunications Commission at a hearing to be
heard at..........................................................in the ............................of..........................................on................day of............................19.........., ....................................... at the hour of............................o'clock in the......................noon, and so on from day to day until the hearing is concluded, to give evidence on oath touching the matters in question in the proceeding and to bring with you and produce at the time and place ................................
(herein set out in detail, materials to be produced)
..............................................................................................................
Dated this...........................this...........day of.........................19........
Corporate Seal of THE CANADIAN
RADIO-
The Canadian Radio- TELEVISION AND TELE-
television and Tele- COMMUNICATIONS
communications
COMMISSION
Commission by:
..................................................
ANNEXE I
(art. 3, 14 et 17)
NOMINATION D'UN MANDATAIRE
Au: Conseil de la radiodiffusion et des télécommunications canadiennes
Je soussigné, requérant, nomme par la présente ......................................................
(nom du mandataire)
mon mandataire, pour signer, signifier et déposer une demande (réplique), auprès du Conseil de la radiodiffusion et des télécommunications canadiennes pour moi et en mon nom, et je ratifie, atteste et entérine une telle demande (réplique) comme mon acte personnel.
Fait à .....................ce.................jour de ...................................19........
Le requérant
ANNEXE II
(art. 31)
LE CONSEIL DE LA RADIODIFFUSION ET DES TÉLÉCOMMUNICATIONS CANADIENNES
Objet:
À:
Vous êtes sommé et requis de comparaître devant le Conseil de la radiodiffusion et des télécommunications canadiennes à l'audience qu'il tiendra à
............dans la...........................de............................le.......................jour de............................19.........., à.......................................heures et chaque jour à la même heure jusquà la fin de l'audience, pour rendre témoignage sous serment dans cette affaire, d'apporter avec vous et de produire en temps et lieu ...........................................................
(indiquer avec précision les documents à produire)
..............................................................................................................
Fait à...........................ce...........jour de.........................19........
Sceau du Conseil de la LE CONSEIL DE LA
radiodiffusion et des RADIODIFFUSION ET DES
Télécommunications
TÉLÉCOMMUNICATIONS
canadiennes
CANADIENNES
par:
..................................................
Date modified: 2005-08-01 |
