Petitions to the Governor in Council

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.

The CRTC also 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 the CRTC hearing 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 the CRTC is 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 a CRTC policy 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 the CRTC decision. 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: 613-957-5043
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 the CRTC decision, either:

  • set aside the CRTC decision; or
  • refer it back to the CRTC for reconsideration and hearing.

The Governor in Council may also decline to set aside or refer back the CRTC decision.

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.

Picture illustrating the process and  time limits for a response from the Governor in Council, as explained in the paragraphs above.

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:

Main contact

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

Canadian Heritage
15 Eddy Street
Gatineau, Quebec K1A 0M5

E-mail: info@pch.gc.ca
Telephone: 819-997-0055
Toll-Free*: 1-866-811-0055
TTY** (Toll-Free): 1-888-997-3123

*The toll-free lines have agents available to answer your questions, Monday to Friday, 8:30 a.m. to 5:00 p.m. (Eastern Time).
**The TTY is a telecommunication device for people who are deaf, hard of hearing, or speech-impaired.