CRTC ordered to reconsider CBC/Radio-Canada broadcast licence decision

Industry organizations such as the CMPA, the DGC and ACTRA have applauded the federal government's decision to send back the broadcast licence after petitions.

Canada’s screen sector is lauding the federal government’s decision to order the Canadian Radio-television and Telecommunications Commission (CRTC) to reconsider CBC/Radio-Canada’s broadcast licence renewal.

The Governor in Council, under the recommendation of Minister of Canadian Heritage Pablo Rodriguez, issued a call on Thursday (Sept. 22) to send back the licence renewal to the CRTC for reconsideration. The government received 16 petitions and letters of support from the industry to have the licence either be struck down or sent back after concerns over modifications to it, including the removal of exhibition or expenditure requirements in regard to independent productions.

The federal government said the Governor in Council found the CRTC decision “derogates from the attainment of the objectives of the broadcasting policy for Canada,” referencing subsections of the Broadcasting Act that refer to the need for Canada’s broadcasting sector to be owned and controlled by Canadians with significant contributions from independent producers, as well as the need for CBC/Radio-Canada to provide distinctly Canadian programming.

The Governor in Council added that the CRTC must “ensure that, as the national public broadcaster, the Canadian Broadcasting Corporation continue to make a significant contribution to the creation, presentation, and dissemination of local news, children’s programming, original French-language programming, and programming produced by independent producers.”

“CBC plays an important role in supporting our artists, our creators and our culture. Its licence from the CRTC should ensure significant investments in the programs and music that bring us together,” said Rodriguez in a tweet posted Thursday.

The petitions argued that the CRTC had exceeded its mandate when it removed the condition of licence for CBC/Radio-Canada concerning working with independent producers. In its June 22 majority decision, the CRTC had argued that since the public broadcaster had historically exceeded its requirements, it was not necessary to further impose them, but set “expectations” to continue to work with the indie production sector. Petitions were issued by organizations such as the Canadian Media Producers Association (CMPA), the Directors Guild of Canada (DGC), ACTRA, and Quebec producer’s association AQPM.

In a statement sent to Playback Daily on Friday (Sept. 23), CBC/Radio-Canada said it shares “the government’s view that regulation needs to be adaptable in order to respond to the realities of the evolving broadcasting landscape.”

“As we said during our licence renewal, that evolution does not change our commitment to offering quality Canadian programming, including local news, children’s programming in both official languages, original French-language programming and our significant partnerships with Canadian independent producers,” the statement continued. “We will participate in the CRTC’s process to reconsider the decision.”

Earlier this month, CBC president and CEO Catherine Tait commented on the petitions during Content Canada, noting the pubcaster was “as committed — more committed — to independent producers than we have ever been.”

The broadcast licence went into effect on Sept. 1 and will remain in effect until the CRTC issues a new decision, Playback understands.

“We applaud the Minister and cabinet for referring this decision back to the CRTC and reaffirming the vital role that independent producers play in Canada’s broadcasting system, as enshrined in the Broadcasting Act,” said Reynolds Mastin, president and CEO of the CMPA, in a statement, adding that the “decision is a reminder that effective legislation, clear regulations, and an appeal process that ensures alignment between the two, will help Canada’s content sector continue to thrive in an increasingly global industry.”

DGC National president Warren P. Sonoda said the decision is “a win for Canadian audiences, stories and creators,” and that the order “will preserve [CBC/Radio-Canada’s] unique place in Canadian culture, protect its core mandate as a public broadcaster, and secure its bright future in a rapidly-evolving global marketplace.”

ACTRA National president Eleanor Noble also applauded the decision, noting in a statement: “The decision in its current form undermines both the mandate of the CBC and the Canadian broadcasting policy as set out in the Broadcasting Act. Every step must continue to be taken to ensure long-standing policy principles and protections are in place to secure high levels of Canadian programming.”

Marla Boltman, executive director for FRIENDS (formerly Friends of Canadian Broadcasting), said the organization “is thrilled” with the decision and that “the government has sent a clear message to the CRTC that the CBC plays a unique and essential role in Canadian storytelling and its licence conditions should continue to reflect that.”

“While we are disappointed that the elimination of CBC’s branded content program, Tandem, was not included in this decision, FRIENDS will continue to advocate for more CBC funding and a modernization of its mandate so that Canadians can have the national public broadcaster they deserve for today and tomorrow,” Boltman added.

AQPM president and CEO Hélène Messier said they’re “relieved that the government is thus questioning this decision, which constituted a dangerous precedent.”

With files from Victoria Ahearn

Photo: Pexels