The Canadian Media Producers Association (CMPA) has filed an appeal for judicial review of the Canadian Radio-television and Telecommunications Commission’s (CRTC) recent decision to grant Corus Entertainment regulatory flexibility.

The decision reduced Corus’ programs of national interest (PNI) requirements in its broadcast license, decreasing from 8.5% to 5% of the previous year’s gross revenues.

In a statement shared with Playback Daily, the CMPA said: “On the basis of the returns filed by Corus with the Commission, there appears to be a multi-year failure by Corus to meet its spending obligations on independent content. If this was done in error, then the error should simply be corrected and the Commission’s decision to grant Corus regulatory relief amended to ensure that Corus lives up to its obligations. All of this can be done through the Commission’s own process and without an order of a court.”

Programs that fall under the PNI category in CRTC’s definition include long-form documentary, drama, comedy and certain award shows “that celebrate Canadian creative talent.”

The CRTC decision in May also approved Corus’ request, filed in October last year along with the PNI request, to extend the deadline to catch up on its CPE under-expenditures beyond the end of the license term.

The PNI expenditure of 8.5% for Corus was set in 2018 and intervenors to the company’s request for amendments to its conditions of service argued that reducing Corus’ PNI requirement would contradict the Order in Council decision that led to the 8.5% requirement.

The CRTC noted, however, that “the OIC is not relevant for the current proceeding and, in any event, cannot direct the Commission toward a specific outcome or bind the Commission from further consideration of matters at a later date.”

The CMPA added in the statement that “our appeal aims to preserve the integrity of the contribution requirements for Canada’s broadcasting system and to maintain predictability and stability for the creation of Canadian programming.”

Playback reached out to Corus for comment.