Vol. 145, No. 2 — January 8, 2011

ARCHIVED — COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain steel grating — Decision

On December 20, 2010, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), the President of the Canada Border Services Agency (CBSA) made a preliminary determination of dumping and a preliminary determination of subsidizing in respect of metal bar grating of carbon, alloy, or stainless steel, consisting of load-bearing pieces and cross pieces, produced as standard grating or heavy-duty grating, in panel form, whether galvanized, painted, coated, clad or plated, originating in or exported from the People’s Republic of China.

The goods in question are usually classified under the following Harmonized System classification numbers:

7308.90.90.10
7308.90.90.20
7308.90.90.30
7308.90.90.40
7308.90.90.50
7308.90.90.60
7308.90.90.91
7308.90.90.92
7308.90.90.93
7308.90.90.94
7308.90.90.95
7308.90.90.96
7308.90.90.99

The Canadian International Trade Tribunal (Tribunal) will conduct a full inquiry into the question of injury to the Canadian producers of certain steel grating, and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determinations of dumping and subsidizing.

Pursuant to section 8 of SIMA, provisional duty is payable on the dumped and subsidized certain steel grating originating in or exported from the People’s Republic of China that are released from customs during the period commencing December 20, 2010, and ending on the earlier of the day the investigations are terminated, the day on which the Tribunal makes an order or finding, or the day an undertaking is accepted. The amount of provisional duty payable is not greater than the estimated margin of dumping and the estimated amount of subsidy. The Customs Act applies with respect to the accounting and payment of provisional duty. As such, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.

Information

The Statement of Reasons regarding this decision will be issued within 15 days following the decision and will be available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi or by contacting Ian Gallant at 613-954-7186, or by fax at 613-948-4844.

Ottawa, December 20, 2010

DANIEL GIASSON
Director General
Anti-dumping and Countervailing Directorate

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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.”

CATHY HAWARA
Director General
Charities Directorate

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CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Replacement class screening report — Harbour Maintenance Re-Dredging and Disposal at Sea of Re-Dredged Sediments in Prince Edward Island — Public notice

The Canadian Environmental Assessment Agency (the Agency) declares the report titled Harbour Maintenance Re-Dredging and Disposal at Sea of Re-Dredged Sediments in Prince Edward Island to be a replacement class screening report (RCSR) pursuant to the provisions of subsection 19(1) and paragraph 19(2)(a) of the Canadian Environmental Assessment Act (the Act).

Public consultation on the RCSR took place from October 6 to November 4, 2010. The Agency received no written submissions from the public concerning the RCSR during this period. In making the declaration proposed by Environment Canada (EC) and Fisheries and Oceans Canada (DFO), the Agency has reviewed the RCSR and has determined that the project screening process, as described in the document, meets the requirements of the Act for the environmental assessment of the particular class of projects. It is also the Agency’s opinion that the class of projects described in the RCSR is not likely to cause significant adverse environmental effects when the design standards and mitigation measures described in the report are applied.

The declaration is effective December 17, 2010, and is subject to the following terms and conditions:

• Subject to subsection 19(8) of the Act, the declaration is valid until December 17, 2015;
• EC and DFO will notify the Agency, in writing, a minimum of six months prior to the date on which the declaration expires, of their intention to re-declare the RCSR or not to re-declare the RCSR and thereby allow the declaration to expire; and
• EC, DFO and the Agency will ensure that the RCSR is made available to the public in accordance with the requirements of the Act. As such, the Agency will place the RCSR in the Canadian Environmental Assessment Registry (the Registry). On a quarterly basis, DFO will post on the Registry Internet site at www.ceaa-acee.gc.ca a statement of the projects for which the RCSR was applied, as required under the Act. The quarterly schedule for posting on the Registry is contained in section 1.6 of the RCSR.

For further information, the public may contact the Class Screening Manager, Canadian Environmental Assessment Agency, 160 Elgin Street, 22nd Floor, Ottawa, Ontario K1A 0H3, 613-957-0507 or 1-866-582-1884 (telephone), 613-957-0946 (fax), ClassScreening@ceaa-acee.gc.ca (email).

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Environmental services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2010-046) on December 29, 2010, with respect to a complaint filed by Falconry Concepts (Falconry), of Madoc, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. W0125-09K129/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation was for wildlife control services.

Falconry alleged that PWGSC improperly evaluated its technical proposal.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement, the Canada-Chile Free Trade Agreement and the Canada-Peru Free Trade Agreement, the Tribunal determined that the complaint was not valid.

Further information may be obtained from the Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, December 29, 2010

DOMINIQUE LAPORTE
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

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

2010-953 December 22, 2010

Rogers Broadcasting Limited
London, Ontario

Application for authority to acquire, from CTV Limited, the assets of the English-language commercial radio station CHST-FM London and for a new broadcasting licence to continue the operation of the station under the same conditions as those in effect under the current licence.

2010-954 December 22, 2010

Radio Dégelis inc.
Dégelis and Rivière-du-Loup, Quebec

Application to amend the broadcasting licence of radio station CFVD-FM Dégelis to add a transmitter at Rivière-du-Loup.

2010-964 December 23, 2010

CTV Limited
Toronto, Ontario

Approved — Application for authority to acquire from Milestone Radio Inc. the assets of the English-language commercial radio station CFXJ-FM Toronto, and for a new broadcasting licence to continue the operation of the station under the same conditions as those in effect under the current licence.

2010-965 December 23, 2010

Bluepoint Investments Inc.
Saskatchewan

Approved — Application for authority to acquire from Saskatchewan Communications Network Corporation the assets of Saskatchewan Communications Network, a satellite-to-cable programming undertaking that distributes educational programming in Saskatchewan.

2010-972 December 23, 2010

Rogers Broadcasting Limited
Edmonton, Alberta

Approved — Application for authority to acquire from CTV Limited and Milestone Broadcasting (Edmonton) Limited, partners in a general partnership carrying on business as Edmonton Urban Partnership, the assets of the English-language commercial radio station CHBN-FM Edmonton, and for a new broadcasting licence to continue the operation of the station.

2010-973 December 23, 2010

Max Trax Music Ltd.
Across Canada

Renewed — Broadcasting licence for the national pay audio programming service operating as Max Trax from January 1, 2011, to June 30, 2011.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-952

Notice of hearing

April 4, 2011
Gatineau, Quebec
Deadline for submission of interventions and/or comments: January 28, 2011

The Commission will hold a hearing commencing on April 4, 2011, at 9 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec, to consider the following applications within the context of the new group-based approach to the licensing of private television services affiliated with larger Canadian broadcasting ownership groups:

1. CTVGlobemedia Inc., on behalf of the licensees listed under this item of the notice
Across Canada

 Application for the renewal and/or the revocation and the issuance of broadcasting licences for the stations and services listed under this item of the notice.

2. Shaw Media Inc., on behalf of the licensees listed under this item of the notice
Across Canada

 Application for the renewal and/or the revocation and the issuance of broadcasting licences for the stations and services listed under this item of the notice.

3. Corus Entertainment Inc., on behalf of the licensees listed under this item of the notice
Across Canada

 Application for the renewal and/or the revocation and the issuance of broadcasting licences for the stations and services listed under this item of the notice.

4. Shaw Cablesystems Limited
Kenora, Ontario

 Application to renew the broadcasting licence for the television station CJBN-TV Kenora, under the same conditions as those set out in its current licence.

5. Rogers Broadcasting Limited, on behalf of itself and of Rogers Sportsnet Inc.
Across Canada

 Application for the renewal and/or the revocation and the issuance of broadcasting licences for the stations and services listed under this item of the notice.

December 22, 2010

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2010-958

Implementation of new Rules of Practice and Procedure

The Commission announces that it has made the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (SOR/2010-277) [the Rules of Procedure], which were published in the Canada Gazette, Part II, on December 8, 2010. The Rules of Procedure come into force on April 1, 2011, and will apply to all proceedings before the Commission on that date, on a going forward basis. Today the Commission is also publishing Guidelines on the CRTC Rules of Practice and Procedure and other related information bulletins.

December 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

APPLICATION

 2. Application

MATTERS BEFORE THE COMMISSION

 3. How matters are brought before Commission

PART 1

RULES APPLICABLE TO BROADCASTING AND TELECOMMUNICATIONS

APPLICATION

 4. Application

GENERAL RULES

Powers of the Commission

 5. (1) Power to act

 (2) Matters not provided for

 6. Information bulletins

 7. Dispensing with or varying Rules

 8. Return of application or complaint

 9. Defect in form

10. Other powers

11. Relief

Time

12. (1) Computation of time

 (2) Calendar days

Filing and Service of Documents

13. (1) Filing of documents

 (2) Filing at public hearing

 (3) Record of transmission

14. (1) Alternative format

 (2) Response to request

 (3) Reply

 (4) Request of Commision

15. (1) Filing day

 (2) Holiday

16. (1) Verification of documents

 (2) Grounds of belief

17. Deadline for service

18. Service of documents

19. Service day

20. (1) Proof of service

 (2) Content of proof

Notice of Consultation

21. (1) Notice of consultation

 (2) Content of notice

Application

22. (1) Filing and service of application

 (2) Form and content of application

23. Posting of application

24. Restrictions

Answer to Application

25. (1) Deadline for filing answer

 (2) Form and content of answer

Intervention

26. (1) Deadline for intervening

 (2) Form and content of document

Reply

27. (1) Deadline for filing reply

 (2) Form and content of reply

Request for Information or Documents

28. (1) Requirement for information and representations

 (2) Authority to represent other person

29. (1) Request for documents

 (2) Filing and service of request

 (3) Failure to produce document

 (4) Electronic version or link

Confidential Information

30. Documents public

31. (1) Designation subject to filing

 (2) Timing of designation

32. (1) Reasons for designation

 (2) Abridged version

33. (1) Request for disclosure

 (2) Service

 (3) Reply

 (4) Reply to request from Commission

34. (1) Disclosure criterion

 (2) Information not admissible in evidence

RULES APPLICABLE TO PUBLIC HEARINGS

35. (1) Obligations of applicant

 (2) Obligations of licensees and telecommunications service providers

36. (1) Notice of appearance

 (2) List of persons appearing

37. Preparatory conference

38. (1) In camera

 (2) Participants

 (3) Transcript of discussions

39. (1) Designation of confidential information

 (2) Filing of transcript and abridged version

40. Order of appearance

41. Evidence

42. Administration of oaths

43. Simultaneous sittings

44. Format of subpoena

PART 2

RULES APPLICABLE TO COMPLAINTS AND DISPUTE RESOLUTION

RULES APPLICABLE TO PROCEEDINGS INITIATED BY A COMPLAINT

45. Form and content of complaint

46. Application or intervention instead of complaint

47. Sending complaint to person against whom complaint is made

48. Response

49. Measures

50. Copy placed on licensee’s file

51. (1) Emergency telecommunications complaint

 (2) Interim ex parte order

ALTERNATIVE DISPUTE RESOLUTION PROCESSES

52. Requirements to be followed

PART 3

RULES APPLICABLE TO CERTAIN BROADCASTING APPLICATIONS

APPLICATION FOR ISSUANCE OR RENEWAL OF LICENCE OR FOR APPROVAL OF TRANSFER OF OWNERSHIP OR CHANGE IN CONTROL

53. (1) Notice of consultation

 (2) Service not required

54. Application considered an intervention

55. Order of replies at public hearing

PROCEEDING UNDER SECTION 12 OF BROADCASTING ACT

56. Licensee considered applicant

57. Licensee must be heard

PART 4

RULES APPLICABLE TO CERTAIN TELECOMMUNICATIONS APPLICATIONS

APPLICATION FOR REVIEW OF CANADIAN OWNERSHIP AND CONTROL

58. (1) Procedural requirements

 (2) Non-application of certain provisions

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

59. (1) Procedural requirements

 (2) Non-application of certain provisions

APPLICATION TO AWARD COSTS

Interim Costs

60. Application for interim costs

61. (1) Content of application

 (2) Service

62. Answer

63. Criteria for awarding interim costs

64. Application for final costs

Final Costs

65. Deadline for filing application for final costs

66. (1) Content of application for final costs

 (2) Documents to be attached

 (3) Service

67. Answer

68. Criteria for awarding final costs

69. Taxing officer

Fixing and Taxing of Costs

70. (1) Criteria for fixing and taxing costs

 (2) Limit

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

71. (1) Deadline for filing application to review, rescind or vary a decision

 (2) Extension of deadline

REQUEST FOR INFORMATION

72. Request for information

73. Filing and service

74. (1) Response to request

 (2) Filing and service

75. (1) Request for further response

 (2) Content of request

 (3) Filing and service

76. (1) Response

 (2) Filing and service

PART 5

TRANSITIONAL PROVISION, REPEALS AND COMING INTO FORCE

TRANSITIONAL PROVISION

77. Application

REPEALS

78. 

79. 

COMING INTO FORCE

80. April 1, 2011

SCHEDULE 1

BROADCASTING APPLICATIONS THAT GIVE RISE TO A PROCEEDING TO WHICH THE RULES DO NOT APPLY

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.

APPLICATION

Application

2. Except if they otherwise provide, these Rules apply to all proceedings before the Commission other than a proceeding arising from an application listed in Schedule 1 or 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.

MATTERS BEFORE THE COMMISSION

How matters are brought before Commission

3. 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 that 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

Application

4. Sections 30 to 32, subsection 33(4) and section 34 apply to a proceeding arising from an application listed in Schedule 1.

GENERAL RULES

Powers of the Commission

Power to act

5. (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

6. 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 with the Commission, the software to be used to file them and the procedure for their filing.

Dispensing with or varying Rules

7. If the Commission is of the opinion that considerations of public interest or fairness permit, it may dispense with or vary these Rules.

Return of application or complaint

8. 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

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

Other powers

10. 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

11. 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

12. (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 5:00 p.m., Vancouver 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

13. (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 Broadcasting and Telecom 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 public hearing

(2) When a public hearing of the Commission is in progress, a document may also be filed with the Commission 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 180 days after the day on which it is filed.

Alternative format

14. (1) A person with a disability or their designated representative may request that a party whose document has been posted on the Commission’s website file the document with the Commission in the alternative format specified by the person or representative. The request must be served on the party within five days after the day on which the document was posted.

Response to request

(2) Within five days after the day on which a party was served with the request, the party must file with the Commission and serve on the person or representative

• (a) the document in the specified alternative format or in an alternative format that was agreed to by the person or representative; or
• (b) the reasons why the party cannot file the document in an alternative format.

Reply

(3) Within five days after the day on which the person or representative was served with the document or the reasons, they may file a reply with the Commission.

Request of Commission

(4) Failing an agreement between the person or representative and the party, the Commission may request the party to file the document with the Commission in the alternative format specified by the Commission and serve it on the person or representative.

Filing day

15. (1) A document is filed with the Commission

• (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

16. (1) The Commission may order a person that has filed a document with it 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

17. 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 with the Commission.

Service of documents

18. 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 180 days after the day on which it is filed with the Commission.

Service day

19. 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

20. (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.

Notice of Consultation

Notice of consultation

21. (1) If a matter is brought before the Commission on the Commission’s own initiative, 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) any deadline for filing a reply with the Commission;
• (c) if the Commission will request any parties to appear before it, the date and time of the commencement of the public hearing and the place of the hearing, which in telecommunications matters is fixed by the Chairperson of the Commission; and
  
  • 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.
  (d) in telecommunications matters, any permission granted by the Commission for a party to make a request for information from another party and the deadlines referred to in sections 73 to 76.

Application

Filing and service of application

22. (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 Broadcasting and Telecom Information Bulletin CRTC 2010-453, as amended from time to time. If none of the forms listed in the 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

23. The Commision must post on its website all applications that comply with the requirements set out in section 22.

Restrictions

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

Answer to Application

Deadline for filing answer

25. (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

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

27. (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, 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 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

28. (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

29. (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 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

30. 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

31. (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

32. (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 from the disclosure would outweigh the public interest.

Abridged version

(2) The party must either file with the Commission 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

33. (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

34. (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 is an applicant and confirms the designation, the Commission must not disclose or require the disclosure of the information and the information is not admissible in evidence.

RULES APPLICABLE TO PUBLIC HEARINGS

Obligations of applicant

35. (1) When a public hearing is held 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 a page of their own website that is accessible from the homepage of the 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, which 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 licensees and telecommunications service providers

(2) When a public hearing is held in respect of a regulatory policy, the Commission must determine, if it is in the public interest to do so, which licensees and telecommunications service providers must fulfill the obligations set out in subsection (1).

Notice of appearance

36. (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 the 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

37. The Commission may request the parties to appear prior to a public hearing before one of its members, as 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

38. (1) The Commission may, at the request of a party or on its own initiative, order a public 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 31.

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

39. (1) Sections 31 to 34 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, a 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 and, separately or distinctively, identify other information contained in the transcript that they are designating as confidential.

Order of appearance

40. 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

41. 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

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

Simultaneous sittings

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

Format of subpoena

44. A subpoena, which the Commission may refuse to issue, must be in the form set out in Schedule 2.

PART 2

RULES APPLICABLE TO COMPLAINTS AND DISPUTE RESOLUTION

RULES APPLICABLE TO PROCEEDINGS INITIATED BY A COMPLAINT

Form and content of complaint

45. 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

46. 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

47. 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

48. 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

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

Copy placed on licensee’s file

50. 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

51. (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.

ALTERNATIVE DISPUTE RESOLUTION PROCESSES

Requirements to be followed

52. An application for the resolution of a matter under an alternative dispute resolution process must be made in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2009-38, dated January 29, 2009, as amended by Broadcasting and Telecom Information Bulletin CRTC 2009-38-1, dated April 26, 2010.

PART 3

RULES APPLICABLE TO CERTAIN BROADCASTING APPLICATIONS

APPLICATION FOR ISSUANCE OR RENEWAL OF LICENCE OR FOR APPROVAL OF TRANSFER OF OWNERSHIP OR CHANGE IN CONTROL

Notice of consultation

53. (1) 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 or for the approval of the transfer of ownership or the change in control of a broadcasting undertaking, and must provide in the notice an electronic link to the application.

Service not required

(2) Paragraph 22(1)(b) does not apply to such an application.

Application considered an intervention

54. 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 26 and 27 do not apply.

Order of replies at public hearing

55. 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

Licensee considered applicant

56. 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 27, 35 and 40.

Licensee must be heard

57. 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 with the Commission.

PART 4

RULES APPLICABLE TO CERTAIN TELECOMMUNICATIONS APPLICATIONS

APPLICATION FOR REVIEW OF CANADIAN OWNERSHIP AND CONTROL

Procedural requirements

58. (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 Telecom Regulatory Policy CRTC 2009-428, as amended from time to time.

Non-application of certain provisions

(2) Paragraph 22(1)(b) and sections 23 and 25 do not apply to such an application.

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

Procedural requirements

59. (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 Telecom Information Bulletin CRTC 2010-455, as amended from time to time.

Non-application of certain provisions

(2) Paragraph 22(1)(b) and sections 23 and 25 do not apply to such an application.

APPLICATION TO AWARD COSTS

Interim Costs

Application for interim costs

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

Content of application

61. (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

62. 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

63. The Commission must determine whether to award interim costs and the amount that is to be awarded on the basis of the following criteria:

• (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

64. 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

65. 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 with it.

Content of application for final costs

66. (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 Broadcasting and Telecom Information Bulletin CRTC 2010-453, as amended from time to time.

Service

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

Answer

67. 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

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

• (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

69. 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

70. (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 a decision

71. (1) 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.

Extension of deadline

(2) The Commission may extend that deadline if it is of the opinion that it is just and equitable to do so.

REQUEST FOR INFORMATION

Request for information

72. If the Commission is of the opinion that it is in the public interest to permit requests for information from one party to another, it may give that permission in the notice of consultation.

Filing and service

73. The requesting party must file a request for information with the Commission on or before the deadline established by the Commission in the notice of consultation and they must serve the request on the party to whom it is addressed.

Response to request

74. (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 in the notice of consultation and they must serve the response on all parties.

Request for further response

75. (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

76. (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

TRANSITIONAL PROVISION, REPEALS AND COMING INTO FORCE

TRANSITIONAL PROVISION

Application

77. These Rules apply to matters that are brought before the Commission before the coming into force of these Rules.

REPEALS

COMPETITION TRIBUNAL

COMPETITION ACT

Application for an order

Notice is hereby given that on December 15, 2010, an application pursuant to section 76 of the Competition Act, R.S.C. 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by the Commissioner of Competition, relating to certain agreements or arrangements implemented or enforced by Visa Canada Corporation and MasterCard International Incorporated.

The particulars of the order sought are as follows:

• an order prohibiting each of the Respondents from entering into, imposing or enforcing, either directly or indirectly, the Merchant Restraints or any other agreements, arrangements, policies, rules or regulations or engaging in any like means, that
  
  • (i) impede or limit the ability of merchants to engage in any practice that discriminates against or discourages the use of particular credit cards in favour of any other credit card, or any other method of payment;
  • (ii) impede or limit the ability of merchants to apply surcharges on particular credit cards or set prices for customers based on the particular credit card used; and
  • (iii) impede or limit the ability of merchants to refuse to accept particular credit cards;
    
  an order directing the Respondents to pay the costs of this proceeding;
• all other orders or remedies that may be required to give effect to the foregoing prohibitions, or to reflect the intent of the Tribunal and its disposition of this matter; and
• an order granting such further and other relief as this Tribunal may consider appropriate.

Notice is hereby given that any motion for leave to intervene in this matter must be filed with the Registrar on or before February 10, 2011.

The notice of application and accompanying documents may be examined at the Registry of the Tribunal or a copy may be obtained using the Competition Tribunal Web site at www. ct-tc.gc.ca. Requests for information regarding this application of the Tribunal should be addressed to the Deputy Registrar, Competition Tribunal, 600–90 Sparks Street, Ottawa, Ontario K1P 5B4, or by telephone at 613-954-0857.

December 21, 2010

RAYNALD CHARTRAND
Registrar

[2-1-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 granted permission, pursuant to subsection 115(2) of the said Act, to Lianne Acres-Hanna, Administrative Assistant (CR-04), Classification Centre of Expertise, Correctional Service of Canada, Ottawa, Ontario, to be a candidate, before and during the election period, for the position of Councillor for the Township of North Stormont, Ontario, in a municipal election held on October 25, 2010.

December 22, 2010

KATHY NAKAMURA
Director General
Political Activities Directorate

[2-1-o]