CRTC Makes ADR Procedure Mandatory

Summary#

These are the Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (SOR/2021-75). They make the CRTC’s published procedure for alternative dispute resolution the required way to apply for ADR, and they came into force on the day they were registered (April 8, 2021, with the Canada Gazette publication on April 28, 2021).

What it does#

• Replaces the existing text of section 52 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure.
• Requires that an application to resolve a matter by an alternative dispute resolution (ADR) process must follow the procedural requirements set out in Broadcasting and Telecom Information Bulletin CRTC 2019-184, dated May 29, 2019.
• States that the rules come into force on the day they are registered (registration shown as April 8, 2021).

Who's affected#

• Canadian Radio-television and Telecommunications Commission licensees in broadcasting and telecommunications (for example, broadcasters, cable/distribution companies, and telecom service providers).
• Parties who might ask the CRTC to use ADR to settle disputes — that includes companies, groups, or individuals involved in CRTC matters.
• If it’s unclear who exactly is covered in a particular case, the affected parties are those involved in disputes where ADR is an option.

Why it matters#

• It makes the CRTC’s ADR procedure official and mandatory: if you want the CRTC to handle a matter through ADR, you must follow the steps in the named bulletin.
• That can reduce uncertainty about how to start and run ADR with the CRTC, and may change filing or procedural expectations for disputes.
• For most people the change is administrative and affects mainly organizations that appear before the CRTC or use ADR to resolve regulatory disputes.