CMPA seeks to appeal CRTC terms of trade decision

The Federal Court of Appeal application states the CRTC failed to provide producers with "notice or the opportunity to make proper submissions" before its Let's Talk TV hearings and decisions.

shutterstock_gavelCanadian producers are seeking leave to appeal a recent CRTC decision to drop regulatory enforcement of the terms of trade agreement with broadcasters.

The Canadian Media Production Association (CMPA) on Monday said it filed an application for leave to appeal to the Federal Court of Appeal to set aside the CRTC decision on the terms of trade agreement, first put in place in 2011.

The CRTC last month ruled it was “no longer necessary for the commission to intervene in this relationship by requiring adherence to terms of trade agreements….As such, the commission will allow programming services to apply to remove requirements to adhere to a terms of trade agreement, effective 29 April 2016.”

Michael Hennessy, CMPA president and CEO, said in a statement the CRTC failed to raise terms of trade, an agreement that addresses the issue of IP ownership, during the Let’s Talk TV hearing last fall.

The appeal application reiterates the CRTC failed to provide producers with “notice or the opportunity to make proper submissions” before its Let’s Talk TV decision on terms of trade was made public.

“Without the current regulatory conditions to ensure fair bargaining, and in the absence of any other Codes or safeguards, thousands of jobs and hundreds of businesses are in jeopardy,” Hennessy said in his statement.

The Federal Court of Appeal is busy with other fallout from the Let’s Talk TV decisions, including Bell Media seeking leave to appeal the CRTC decision to allow U.S. commercials onto Canadian TV sets during Super Bowl broadcasters.

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