The dissent around CBC/Radio-Canada’s recent licence renewal has grown louder as the Canadian Media Producers Association (CMPA) confirms it has asked the Federal Court of Appeal to review the CRTC decision.

The request is largely due to a change in the public broadcaster’s exhibition and expenditure requirements to work with independent media producers, which CMPA president and CEO Reynolds Mastin said was an unexpected removal of a “key licence condition” in a statement to Playback Daily.

“The CBC is the most significant commissioner of independent programming in Canada and the removal of this condition is a substantial shift that will have a detrimental impact on the independent production community in Canada, future Canadian programming, and the Canadian public interest,” added Mastin.

The Commission had concluded that it was “unlikely” that the pubcaster would reduce its work with independent producers due to the high cost of in-house production and that “it is not necessary to impose any exhibition or expenditure requirements on the CBC in regard to independent productions.”

The CRTC did issue “expectations” within the broadcast licence, including that its English- and French-language networks and stations would have no less than 80% of Canadian audiovisual content. It also set expenditure requirements for “Indigenous producers, official language minority producers, and producers from other equity-seeking communities.”

The CMPA argues that the decision is a “derogation of the CRTC’s legislative authority” and an “unprecedented retreat” from its regulatory framework, according to a summary of the filing to the Federal Court of Appeal provided to Playback Daily. The association also stated that the CRTC did not provide proper notice to affected parties or give them the opportunity to file evidence or make a submission on the updated framework.

The licence renewal was not a unanimous decision within the Commission, with both vice-chairperson Caroline Simard and Ontario regional commissioner Monique Lafontaine providing dissenting opinions.

Simard wrote that “by eliminating the majority of the conditions of licence set out in 2013, the majority decision eliminates at the same time a clear, measurable, and pre-established framework of all of the applicable conditions of licence.”

Quebec association AQPM made a similar request to the court on July 22, arguing that the CRTC’s decision was “arbitrary” and not based on precedent, the existing legislation around the Broadcasting Act, or evidence presented through the licence renewal process.

CBC/Radio-Canada has told Playback Daily it has no comment on calls to review the CRTC’s decision.

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