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2003 Annual Return Reporting Guide

Pay & Specialty Television Services

Introduction

All licensees of the CRTC are required to submit an annual financial and operating report. These "Annual Returns" provide the Commission with a means of monitoring, on an annual basis, the compliance of licensees with conditions of licence, as well as providing a base for industry statistical information.

Reporting Year

Annual Returns report on the 12 months broadcast year ending August 31, 2003.

Financial Statements

The following are the requirements for the filing of financial statements with Annual Returns for Pay and Specialty Services licensees, as set out in the Commission's Circular No. 404 dated August 23, 1994:

i) subject to (ii) below, all licensees of Pay and Specialty Service undertakings must file audited financial statements at the licensee level for the 12 month period ending August 31, 2003 (See also Notes 2 and 3 in Appendix A of this Guide).

ii) other than licensees who are public companies, those Pay and Specialty Service licensees who do not have a condition of licence related to financial performance and who do not have total advertising and subscription revenues of more than $10 million for all of their licensed undertakings combined may, in lieu of audited financial statements, file non-audited financial statements at the licensee level for the 12 month period ending August 31, 2003 (See Note 1 in Appendix A of this Guide).

Further definition guidance for individual licensees is included in Appendix B of this Guide. Please provide a reconciliation schedule for any variances between your Financial Statements and the Annual Return.

Submission of Return

Two copies of your completed Annual Returns and Financial Statements are to be submitted no later than November 30, 2003 to:

CRTC
Industry Statistics and Analysis Group (4th Floor)
Ottawa, Ontario
K1A 0N2

Questions concerning completion of the Annual Return should be directed to the Industry Statistics and Analysis Group, telephone (819) 997-4538, fax (819) 994-0218.


REPORTING GUIDE - General Instructions

This Annual Return consists of (i) pages 1 - 3 inclusive for the reporting of information related to the licensee, and (ii) page 4 through to and including the schedules of financial and other information related to the licensed undertaking’s conditions of licence.

The two cover pages of the Return requests general information on the licensee's corporate organisation.

Page 1 is for reporting the Balance Sheet of the licensee and it should reconcile with the Balance Sheet in the Financial Statements. Any variances between the assets, liabilities and/or shareholder's equity must be fully explained on a reconciliation schedule.

Page 2 is for reporting the Statement of Changes in Financial Position of the licensee. Any variances between cash provided by operations, investment and/or financing activities as reported on this statement and what is reported in the Financial Statements must be fully explained on a reconciliation schedule.

Page 3 requests general information on employment equity.

Page 4 is a Summary of the operating results of the individual licensed undertaking. Any variances between revenues and/or expenses reported on this Summary and what is reported in the Financial Statements must be fully explained on a reconciliation schedule.

Page 5 provides for the breakdown of the licensed undertaking's major operating expense categories into their detailed expense components.

Page 6 is a Schedule in the Return to provide a breakdown of fixed assets and accumulated depreciation by three main categories plus a reconciliation from the amounts at the beginning of the year.

Schedule A is a reconciliation of asset balances, expenditures, recoveries and amortization for each category of program acquisitions and production (see Appendix B of this Guide for the definitions of program acquisitions and production). Any variances between total program expense and/or asset balances reported on this Schedule and what is reported in the Financial Statements must be fully explained on a reconciliation schedule.

Schedule B is a reconciliation of asset balances, expenditures, disposals, losses and write-downs of program equity investments (see Appendix B of this Guide for the definition of investment). Any variances between total investment expenditures and/or asset balances reported on this Schedule and what is reported in the Financial Statements must be fully explained on a reconciliation schedule.

Schedule C-1 please provide on this Schedule a complete accounting of the licensed undertaking's actual Canadian programming expenditures during the year as well as the expenditures otherwise required by condition(s) of licence, all reconciled, as applicable, to Schedules A and B of this Annual Return. Any over or under expenditures must be fully explained. If an expense item includes music licence fees or a portion of the licence fee contributed by the Canadian Television Fund (CTF), please identify each item separately. In the case that the music licence fees were included, please provide evidence to demonstrate that these fees were included in the Canadian programming expenditure projections accepted by the Commission as the base year for the conditions of licence formula. If a portion of a licence fee was contributed by CTF, please provide a copy of the CTF certificates for each program.

Schedule C-2 please provide on this Schedule, if applicable, a reconciliation of the actual Canadian programming expenditures as reported on Schedule C-1 to those as reported on an accrual basis on Schedules A and B of this Annual Return.

Schedule D-1 excluding conditions of licence related to Canadian program expenditures (Schedule C-1), please address on this Schedule each of the licensed undertaking's other conditions of licence and show how the licensee complied with each condition.

Alcohol advertising requests general information on alcohol advertising.


Appendix A – Reporting Guide

Requirements for the Filing of Financial Statements

1. Non-audited Financial Statements: Although not subject to an audit by the licensee's external auditors, they must nevertheless be prepared in accordance with Generally Accepted Accounting Principles (G.A.A.P)* and be signed and dated by the licensee as follows:

"I, _______________________________, am authorized to certify on behalf of
         (Name)                            (Title)

______________________________________________ 
         (Licensee)

that these financial statements have _______________
                                      have not * __________

been prepared in accordance with Generally Accepted Accounting Principles (G.A.A.P.) and are true and complete in all respects to the best of my knowledge and belief."

___________________________________     ___________________
        (Signed)                                                          (Date)

* Where the statements have not been prepared in accordance with G.A.A.P., please indicate the areas involved and how you treated them.

2. Licensees who are otherwise required to file audited financial statements and whose fiscal year-end does not coincide with August 31 may, as an alternative to filing audited financial statements as at August 31, file non-audited financial statements at the licensee level for the 12 month period ending August 31, on which the licensee's auditor has performed a "Review Engagement" in accordance with section 8200 of the Canadian Institute of Chartered Accountant's Handbook (the C.I.C.A. Handbook). Licensees who elect to provide Review Engagement financial statements must also file, with their annual returns, their audited financial statements for the most recently completed fiscal year ending immediately prior to the 31 August of the annual return being filed.

3. Licensees otherwise required to file audited financial statements and whose statements are included in the audited consolidated statements of a Parent company may, where audited statements at the licensee level are not prepared, file financial statements as follows:

i) where the year-end of the Parent company is August 31, file non-audited statements at licensee level and the audited consolidated statements of the Parent company both for the 12 month period ending August 31.

ii) where the year-end of the Parent company is other than August 31, file non-audited financial statements at the licensee level for the 12 month period ending August 31 on which the licensee's auditor has performed a Review Engagement and the audited consolidated financial statements for the Parent company's most recently completed fiscal year ending immediately prior to the 31 August of the annual return being filed.

4. Nothing in this Appendix is to be read as limiting the Commission from requesting a licensee to provide audited financial statements at the licensee level should circumstances so require.


Appendix B – Reporting Guide

Definitions

The following definitions will apply for the purpose of the Annual Return:

"Acquisitions" means expenditures for the acquisition of exhibition rights for the licensed territory, excluding overhead costs.

"Production" means expenditures for:

(a) script and concept development, means those expenditures, excluding overhead costs, that are incurred prior to the commencement of pre-production and before the financing of the project is in place. Spending on programs that are assured of going to air at the time of the expenditure is not considered as script and concept development expenditures;

(b) the production of filler programming (interstitials), means programming, in no case longer than 30 minutes in duration, the purpose of which is to fill in the time between the presentation of the major programs distributed by the licensee, and includes material that promotes the programs or services provided by the licensee, excluding indirect overhead costs;

(c) the production of programming (other than filler programming). The following production costs are included:

  • talent fees (on air and other)
  • directly attributable salaries and benefits
  • film and tape
  • studio sets, props and other production materials
  • use of remote and other production materials
  • delivery of remote programs to the satellite uplink or main studio
  • any other matter directly related to the production of a program.

"Investment" means expenditures for equity investment or advances on account of an equity investment and does not include overhead or interim financing by way of loan.

"Revenue" means revenue from residential, bulk and SMATV subscribers and advertising revenue, and does not include revenue from DTH subscribers or any return on an investment in programming.

"Direct to Home (DTH)" means if providing DTH services, then DTH operations should be reported separately. If DTH operations are included in the Financial Statements provided with the Annual Return, then DTH revenue, expense and asset amounts included should be indicated in supporting notes.

"Officer" means the chairperson, president, vice-president, secretary, treasurer, comptroller, general counsel, general manager, managing director or any individual who performs functions for the licensee similar to those normally performed by an individual occupying any such office, and each of the licensee's five highest paid employees, including the above.

"Semester" means each 6-month period thereafter beginning 1 March and 1 September.

Date Modified: 2003-10-14

 
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