Petitions to the Governor in Council

• Context
• Eligibility
• Submission deadline
• Two-step submission Process
• Time limit for response by the Governor in Council
• Past Orders in Council
• Main contact

Context

This section explains how to submit a petition to the Governor in Council in respect of decisions made by the Canadian Radio-television and Telecommunications Commission (CRTC) to issue, amend or renew a broadcasting licence. Provisions regarding such petitions are set out in sections 28 and 29 of the Broadcasting Act.

The Minister of Canadian Heritage is responsible for advising the Governor in Council on such petitions.

TheCRTCalso has responsibilities with respect to petitions to the Governor in Council. It must forward a copy of each petition to all persons who were heard at or who made oral representations in connection with theCRTChearing that was held in the matter to which the petition relates. As well, theCRTCmust establish and maintain a public register in which shall be kept a copy of each petition. However, simply sending a document to theCRTCis not sufficient to bring a petition to the Governor in Council. Rather, the two-step submission process set out below must be followed.

Notes:

• “Petition to Governor in Council” is also sometimes referred to as an “appeal to Cabinet”.
• You may submit your petition by mail, courier, fax or e-mail.

Eligibility

Not all CRTC broadcasting decisions can be appealed to the Governor in Council. Under subsection 28(1) of the Broadcasting Act, only a CRTC decision to issue, amend or renew a licence can be appealed to the Governor in Council.

A CRTC decision to deny a licence application cannot be appealed to the Governor in Council nor can aCRTCpolicy decision.

Submission deadline

Under subsection 28(1) of the Broadcasting Act , a petition in writing must be received by the Governor in Council within forty-five (45) calendar days after the date of theCRTCdecision. This petition, addressed to the Governor in Council, must be sent to the Office of the Clerk of the Privy Council.

Two-step submission process

Step 1
The petition must be addressed to the Governor in Council and sent to the Office of the Clerk of the Privy Council by mail, courier, fax or e-mail:

Clerk of the Privy Council
1000 - 85 Sparks Street
Ottawa, Ontario
K1A 0A3
Fax: 613-995-0101
E-mail: info@pco-bcp.gc.ca

A copy should also be sent by mail, courier, fax or e-mail to:

Minister of Canadian Heritage
Floor 12, 15 Eddy Street
Gatineau, Quebec
K1A 0M5
Fax: 819-994-1267
E-mail: info@pch.gc.ca

Step 2
A copy of the petition must also be sent by mail, courier, fax or e-mail to:

Secretary General
Canadian Radio-television and Telecommunications Commission (CRTC )
Les Terrasses de la Chaudière
Central Building
Floor 7 S, 766-1 Promenade du Portage
Gatineau, Quebec
K1A 0N2
Fax: 819-994-0218
E-mail: demandegec-gicpetition@crtc.gc.ca

Time limit for a response by the Governor in Council

The Governor in Council may by order, within ninety (90) calendar days after the date of theCRTCdecision, either:

• set aside theCRTCdecision; or
• refer it back to theCRTCfor reconsideration and hearing.

The Governor in Council may also decline to set aside or refer back theCRTCdecision.

The Governor in Council may take action in response to a petition or on the Governor in Council’s own motion.

The Governor in Council may set aside the CRTC decision or refer it back to the CRTC for reconsideration and hearing if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in subsection 3(1) of the Broadcasting Act.

Please refer to sections 28 and 29 of the Broadcasting Act for more details.

Past Orders in Council

Below, in reverse chronological order with the most recent first, are links to all past Orders in Council currently available online that were made pursuant to section 28 of the Broadcasting Act since its last revision in 1991 and were published in the Canada Gazette, Part II:

• Order Declining to Refer Back to the CRTC Decision CRTC 2012-485
• Order Declining to Refer Back to the CRTC Decision CRTC 2012-308
• Order Respecting Broadcasting Decision CRTC 2011-41 (Golden West Broadcasting Ltd.)
• Order Declining to Refer Back to the CRTC Decision CRTC 2009-673
• Order Declining to Refer Back to the CRTC Decision CRTC 2009-318
• Order Referring Back to the CRTC Decision CRTC 2008-222 for a Broadcasting Licence by Astral Media Radio inc.
• Order Referring Back to the CRTC Decision CRTC 2008-222 for a Broadcasting Licence by Frank Torres
• Order Declining to Refer Back to the CRTC Decision CRTC 2008-129 to Renew Broadcasting Licences of the TQS Network and the Stations CFJP-TV Montréal, CFJP-DT Montréal, CFAP-TV Québec, CFKM-TV Trois-Rivières, CFKS-TV Sherbrooke and CFRS-TV Saguenay
• Order Declining to Refer Back to the CRTC Decision CRTC 2007-246 to Issue a Broadcasting Licence to The National Broadcasting Reading Service Inc.
• Order Referring Back to the CRTC Decision CRTC 2007-246 to Amend the Broadcasting Licence of Avis de recherche inc.
• Order Declining to Refer Back to the CRTC Decisions CRTC 2006-323 and 2006-324
• Order Declining to Refer Back to the CRTC Decision CRTC 2006-193
• Order Declining to Set Aside or to Refer Back to the CRTC Decisions CRTC 2005-338 and CRTC 2005-339
• Order Declining to Refer Back to the CRTC Decision CRTC 2005-248
• Order Declining to Set Aside or to Refer Back to the CRTC Decisions CRTC 2005-246 and CRTC 2005-247
• Order Declining to Refer Back to the CRTC Decision CRTC 2005-15
• Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2004-538
• Order Declining to Set Aside or Refer Back to the CRTC Decision CRTC 2003-115
• Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-377
• Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-82
• Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-81
• Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2002-39
• Order Referring Back to the CRTC Decision CRTC 2001-757
• Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2001-678
• Order Declining to Set Aside or to Refer Back to the CRTC Decision CRTC 2001-628
• Order Declining to Set Aside or to Refer Back to the CRTC Decisions CRTC 2001-457 and CRTC 2001-458
• Order Declining to Set Aside or to refer back to the CRTC Decision CRTC 2000-219
• Order Declining to Set Aside or to refer back to the CRTC Decision CRTC 2000-205
• Order Declining to Set Aside or to refer back to the CRTC Decision CRTC 2000-203
• Order Declining to Set Aside or to refer back to the CRTC Decisions CRTC 99-109 to CRTC 99-112
• Order Declining to Set Aside or to refer back to the CRTC Decision CRTC 99-19
• Order Declining to Set Aside or to refer back to the CRTC Certain Decisions
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting a Broadcasting Licence
• Order Referring Back to the CRTC Various Decisions
• Order Referring back to the CRTC Certain Decisions Respecting Various Undertakings (Please note that an error occurred when this order was published in the Canada Gazette Part II: the title incorrectly indicates that it was an order declining to set aside or to refer back to the CRTC certain decisions respecting various undertakings.)
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting SkyCable Inc.
• Order Declining to Set Aside or to Refer Back to the CRTC Certain Decisions Respecting Various Undertakings
• Order Declining to Set Aside or to Refer Back to the CRTC Certain Decisions Respecting Various Undertakings
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting CHAM Hamilton
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting Various Cable Distribution Undertakings
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting CTEQ Télévision Inc.
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting Radio Station CIWW Ottawa
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting Rogers Cable TV Limited, Shaw Cablesystems (B.C.) Ltd. and Shaw Cablesystems (Ontario) Ltd.
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting CHUM Limited
• Order Referring Back to the CRTC the Decisions Respecting Shaw Cablesystems Ltd. and Cogeco Radio-Télévision Inc.
• Order Declining to Set Aside or to Refer Back to the CRTC a Decision Respecting CHUM Limited

Main contact

For further information on the process of submitting a petition, please contact:

General Enquiries
Privy Council Office
1000 - 85 Sparks Street
Ottawa, Ontario
K1A 0A3
Telephone: 613-957-5153
TTY: 613-957-5741
Fax: 613-995-010
E-mail: info@pco-bcp.gc.ca