Vol. 149, No. 17 — August 26, 2015

Registration

SOR/2015-215 August 6, 2015

BROADCASTING ACT
TELECOMMUNICATIONS ACT

Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure

Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a) and subsection 69(1) of the Telecommunications Act (see footnote b), a copy of the proposed Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, substantially in the annexed form, was published in the Canada Gazette, Part I, on April 11, 2015 and a reasonable opportunity was given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Rules;

Therefore, the Canadian Radio-television and Telecommunications Commission makes the annexed Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, pursuant to

Gatineau, August 5, 2015

JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission

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

AMENDMENTS

1. Section 2 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (see footnote 1) is replaced by the following:

Application

2. (1) Except if they provide otherwise, 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 any of sections 72.001 to 72.19 of the Telecommunications Act, unless the penalty is imposed in the course of a proceeding referred to in section 72.003 of that Act.

Non-application

(2) These Rules do not apply to proceedings before the Commission under sections 6 to 46 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.

2. The heading before section 53 of the Rules is replaced by the following:

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

3. Subsection 53(1) of the Rules is replaced by the following:

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 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.

COMING INTO FORCE

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

EXPLANATORY NOTE

(This note is not part of the Rules.)

The amendments to section 2 take into account recent amendments to the Telecommunications Act on administrative monetary penalties and also exclude provisions of Canada’s anti-spam legislation from the application of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure.

The amendment to subsection 53(1) removes the requirement that the Commission issue notices of consultation for renewal of licence applications. Notices of consultation are still required for the issuance 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.