CRTC Overview
Standing Committee on Canadian Heritage
Charles Dalfen, Chairman, CRTC
Ottawa
February 1, 2005
Overview
Mandate
The CRTC regulates and supervises the broadcasting and telecommunications
industries in accordance with the policy objectives set out in sections 3 and 5
of the Broadcasting Act and in section 7 of the Telecommunications Act.
Broadcasting Act
The objectives of the Broadcasting Act are as follows:
Section 3. (1)
3. (1) It is hereby declared as the broadcasting policy for Canada that
(a) the Canadian broadcasting system shall be effectively owned and controlled
by Canadians;
(b) the Canadian broadcasting system, operating primarily in the English and
French languages and comprising public, private and community elements, makes use
of radio frequencies that are public property and provides, through its
programming, a public service essential to the maintenance and enhancement of
national identity and cultural sovereignty;
(c) English and French language broadcasting, while sharing common aspects,
operate under different conditions and may have different requirements;
(d) the Canadian broadcasting system should
(i) serve to safeguard, enrich and strengthen the cultural, political,
social and economic fabric of Canada,
(ii) encourage the development of Canadian expression by providing a wide range
of programming that reflects Canadian attitudes, opinions, ideas, values and
artistic creativity, by displaying Canadian talent in entertainment programming
and by offering information and analysis concerning Canada and other countries
from a Canadian point of view,
(iii) through its programming and the employment opportunities arising out of
its operations, serve the needs and interests, and reflect the circumstances
and aspirations, of Canadian men, women and children, including equal rights,
the linguistic duality and multicultural and multiracial nature of Canadian
society and the special place of aboriginal peoples within that society, and
(iv) be readily adaptable to scientific and technological change;
(e) each element of the Canadian broadcasting system shall contribute in an
appropriate manner to the creation and presentation of Canadian programming;
(f) each broadcasting undertaking shall make maximum use, and in no case less
than predominant use, of Canadian creative and other resources in the creation
and presentation of programming, unless the nature of the service provided by the
undertaking, such as specialized content or format or the use of languages other
than French and English, renders that use impracticable, in which case the
undertaking shall make the greatest practicable use of those resources;
(g) the programming originated by broadcasting undertakings should be of high
standard;
(h) all persons who are licensed to carry on broadcasting undertakings have a
responsibility for the programs they broadcast;
(i) the programming provided by the Canadian broadcasting system should
(i) be varied and comprehensive, providing a balance of information,
enlightenment and entertainment for men, women and children of all ages,
interests and tastes,
(ii) be drawn from local, regional, national and international sources,
(iii) include educational and community programs,
(iv) provide a reasonable opportunity for the public to be exposed to the
expression of differing views on matters of public concern, and
(v) include a significant contribution from the Canadian independent production
sector;
(j) educational programming, particularly where provided through the
facilities of an independent educational authority, is an integral part of the
Canadian broadcasting system;
(k) a range of broadcasting services in English and in French shall be
extended to all Canadians as resources become available;
(l) the Canadian Broadcasting Corporation, as the national public broadcaster,
should provide radio and television services incorporating a wide range of
programming that informs, enlightens and entertains;
(m) the programming provided by the Corporation should
(i) be predominantly and distinctively Canadian,
(ii) reflect Canada and its regions to national and regional audiences, while
serving the special needs of those regions,
(iii) actively contribute to the flow and exchange of cultural expression,
(iv) be in English and in French, reflecting the different needs and
circumstances of each official language community, including the particular
needs and circumstances of English and French linguistic minorities,
(v) strive to be of equivalent quality in English and in French,
(vi) contribute to shared national consciousness and identity,
(vii) be made available throughout Canada by the most appropriate and efficient
means and as resources become available for the purpose, and
(viii) reflect the multicultural and multiracial nature of Canada;
(n) where any conflict arises between the objectives of the Corporation set
out in paragraphs (l) and (m) and the interests of any other broadcasting
undertaking of the Canadian broadcasting system, it shall be resolved in the
public interest, and where the public interest would be equally served by
resolving the conflict in favour of either, it shall be resolved in favour of the
objectives set out in paragraphs (l) and (m);
(o) programming that reflects the aboriginal cultures of Canada should be
provided within the Canadian broadcasting system as resources become available
for the purpose;
(p) programming accessible by disabled persons should be provided within the
Canadian broadcasting system as resources become available for the purpose;
(q) without limiting any obligation of a broadcasting undertaking to provide
the programming contemplated by paragraph (i), alternative television programming
services in English and in French should be provided where necessary to ensure
that the full range of programming contemplated by that paragraph is made
available through the Canadian broadcasting system;
(r) the programming provided by alternative television programming services
should
(i) be innovative and be complementary to the programming provided for mass
audiences,
(ii) cater to tastes and interests not adequately provided for by the
programming provided for mass audiences, and include programming devoted to
culture and the arts,
(iii) reflect Canada's regions and multicultural nature,
(iv) as far as possible, be acquired rather than produced by those services,
and
(v) be made available throughout Canada by the most cost-efficient means;
(s) private networks and programming undertakings should, to an extent
consistent with the financial and other resources available to them,
(i) contribute significantly to the creation and presentation of Canadian
programming, and
(ii) be responsive to the evolving demands of the public; and
(t) distribution undertakings
(i) should give priority to the carriage of Canadian programming services
and, in particular, to the carriage of local Canadian stations,
(ii) should provide efficient delivery of programming at affordable rates,
using the most effective technologies available at reasonable cost,
(iii) should, where programming services are supplied to them by broadcasting
undertakings pursuant to contractual arrangements, provide reasonable terms for
the carriage, packaging and retailing of those programming services, and
(iii) may, where the Commission considers it appropriate, originate
programming, including local programming, on such terms as are conducive to the
achievement of the objectives of the broadcasting policy set out in this
subsection, and in particular provide access for underserved linguistic and
cultural minority communities.
Section 3. (2)
3. (2) It is further declared that the Canadian broadcasting system
constitutes a single system and that the objectives of the broadcasting policy
set out in subsection (1) can best be achieved by providing for the regulation
and supervision of the Canadian broadcasting system by a single independent
public authority.
Section 5. (2)
5. (2) The Canadian broadcasting system should be regulated and supervised in
a flexible manner that
(a) is readily adaptable to the different characteristics of English and
French language broadcasting and to the different conditions under which
broadcasting undertakings that provide English or French language programming
operate;
(b) takes into account regional needs and concerns;
(c) is readily adaptable to scientific and technological change;
(d) facilitates the provision of broadcasting to Canadians;
(e) facilitates the provision of Canadian programs to Canadians;
(f) does not inhibit the development of information technologies and their
application or the delivery of resultant services to Canadians; and
(g) is sensitive to the administrative burden that, as a consequence of such
regulation and supervision, may be imposed on persons carrying on broadcasting
undertakings.
Telecommunications Act Section 7
7. It is hereby affirmed that telecommunications performs an essential role in
the maintenance of Canada's identity and sovereignty and that the Canadian
telecommunications policy has as its objectives
(a) to facilitate the orderly development throughout Canada of a
telecommunications system that serves to safeguard, enrich and strengthen the
social and economic fabric of Canada and its regions;
(b) to render reliable and affordable telecommunications services of high
quality accessible to Canadians in both urban and rural areas in all regions of
Canada;
(c) to enhance the efficiency and competitiveness, at the national and
international levels, of Canadian telecommunications;
(d) to promote the ownership and control of Canadian carriers by Canadians;
(e) to promote the use of Canadian transmission facilities for
telecommunications within Canada and between Canada and points outside Canada;
(f) to foster increased reliance on market forces for the provision of
telecommunications services and to ensure that regulation, where required, is
efficient and effective;
(g) to stimulate research and development in Canada in the field of
telecommunications and to encourage innovation in the provision of
telecommunications services;
(h) to respond to the economic and social requirements of users of
telecommunications services; and
(i) to contribute to the protection of the privacy of persons.
What is the CRTC?
- An independent public authority that regulates and supervises the Canadian
broadcasting system and telecommunication carriers and service providers;
- As a quasi-judicial tribunal, all CRTC processes must adhere to the rules
of natural justice, including fairness and transparency;
- Governed by the Canadian Radio-television and Telecommunications Act,
the Broadcasting Act and the Telecommunications Act;
- Reports to Parliament via the Minister of Canadian Heritage.
Who is Regulated by the CRTC?
- Over 2,000 licensees, including conventional television stations, pay and
specialty television services, cable television systems, Direct-to-Home
satellite systems and AM and FM radio stations;
- an $11 billion broadcasting industry within Canada
- Close to 80 telecommunications carriers, including major Canadian telephone
companies.
- a $32 billion telecommunications industry within Canada
Commissioners
Current full-time Commissioners, including Regional Commissioners
- Charles Dalfen, Chairperson
- Andrée Wylie, Vice-Chairperson, Broadcasting
- Stuart Langford
- Joan Pennefather
- Barbara Cram, Manitoba and Saskatchewan Region
- Andrée Noël, Quebec Region
- Ronald D. Williams, Alberta and Northwest Territories Region
Terms are for a maximum of 5 years and are renewable
Senior Management Structure
418 Employees
Current 2004-2005 budget is $43.7 million
CRTC’s Responsibilities in Broadcasting
The CRTC:
Decides upon the issuance, renewal, amendment, suspension and revocation of
licences for Canadian broadcasting undertakings;
Decides upon applications for changes of ownership and control in the
broadcasting sector;
Develops and implements regulations and policies to meet the objectives of
the Act;
Resolves disputes and complaints arising under the Broadcasting
Act and the regulations;
Monitors compliance with the Act and the regulations;
Monitors the state of the industry;
Exempts broadcasting undertakings where regulation is not required to
achieve the objectives of the Act; and
Decides upon requests for the distribution of foreign broadcasting
services.
CRTC Broadcasting Activity
2003-2004
Received 853 applications
Held 11 public hearings
Issued 74 public notices
Processed 30,000 interventions
Issued 729 decisions
Received 18,273 inquiries from the public, including 10,575 complaints
Appeals from CRTC Decisions to the
Federal Court of Appeal
Broadcasting Act, Section 31
31. (1) Except as provided in this Part, every decision and order of the
Commission is final and conclusive.
(2) An appeal lies from a decision or order of the Commission to the Federal
Court of Appeal on a question of law or a question of jurisdiction if leave
therefore is obtained from that Court on application made within one month after
the making of the decision or order sought to be appealed from or within such
further time as that Court under special circumstances allows.
(3) No appeal lies after leave therefore has been obtained under subsection
(2) unless it is entered in the Federal Court of Appeal within sixty days after
the making of the order granting leave to appeal.
(4) Any document issued by the Commission in the form of a decision or order
shall, if it relates to the issue, amendment, renewal, revocation ,or suspension
of a licence, be deemed for the purposes of this section to be a decision or
order of the Commission.
Government’s Powers Under the Broadcasting Act
Power to issue directions
7. (1) Subject to subsection (2) and section 8, the Governor in Council may,
by order, issue to the Commission directions of general application on broad
policy matters with respect to
(a) any of the objectives of the broadcasting policy set out in subsection 3(1);
or
(b) any of the objectives of the regulatory policy set out in subsection 5(2).
(2) No order may be made under subsection (1) in respect of the issuance of a
licence to a particular person or in respect of the amendment, renewal,
suspension or revocation of a particular licence.
Section 26
26. (1) The Governor in Council may, by order, issue directions to the
Commission
(a) respecting the maximum number of channels or frequencies for the use of which
licences may be issued within a geographical area designated in the order;
(b) respecting the reservation of channels or frequencies for the use of the
Corporation or for any special purpose designated in the order;
(c) respecting the classes of applicants to whom licences may not be issued or to
whom amendments or renewals thereof may not be granted; and
(d) prescribing the circumstances in which the Commission may issue licences to
applicants that are agents of a province and are otherwise ineligible to hold a
licence, and the conditions on which those licences may be issued.
Section 22
22. (1) No licence shall be issued, amended or renewed under this Part
(a) if the issue, amendment or renewal of the licence is in contravention of a
direction to the Commission issued by the Governor in Council under subsection
26(1).
Power to set aside or refer decisions back
Section 28
28. (1) Where the Commission makes a decision to issue, amend or renew a
licence, the Governor in Council may, within ninety days after the date of the
decision, on petition in writing of any person received within forty-five days
after that date or on the Governor in Council's own motion, by order, set aside
the decision or refer the decision back to the Commission for reconsideration and
hearing of the matter by the Commission, if the Governor in Council is satisfied
that the decision derogates from the attainment of the objectives of the
broadcasting policy set out in subsection 3(1).
(2) An order made under subsection (1) that refers a decision back to the
Commission for reconsideration and hearing shall set out the details of any
matter that, in the opinion of the Governor in Council, may be material to the
reconsideration and hearing.
(3) Where a decision is referred back to the Commission under this section,
the Commission shall reconsider the matter and, after a hearing as provided for
by subsection (1), may
(a) rescind the decision or the issue, amendment or renewal of the licence;
(b) rescind the issue of the licence and issue a licence on the same or different
conditions to another person; or
(c) confirm, either with or without change, variation or alteration, the decision
or the issue, amendment or renewal of the licence.
(4) Where, pursuant to paragraph (3)(c), the Commission confirms a decision or
the issue, amendment or renewal of a licence, the Governor in Council may, within
sixty days after the confirmation, on petition in writing of any person received
within thirty days after that date or on the Governor in Council's own motion, by
order, set aside the decision or the issue, amendment or renewal, if the Governor
in Council is satisfied as to any of the matters referred to in subsection (1).
(5) An order made under subsection (4) to set aside a decision or the issue,
amendment or renewal of a licence shall set out the reasons of the Governor in
Council therefore.
Power to request reports
Section 15
15. (1) The Commission shall, on request of the Governor in Council, hold
hearings or make reports on any matter within the jurisdiction of the Commission
under this Act.
Section 14
14. (2) The Commission shall review and consider any technical matter relating
to broadcasting referred to the Commission by the Minister and shall make
recommendations to the Minister with respect thereto.
Power to approve fees regulations
Section 11
11. (1) The Commission may make regulations
(a) with the approval of the Treasury Board, establishing schedules of fees to be
paid by licensees of any class;
(b) providing for the establishment of classes of licensees for the purposes of
paragraph (a);
(c) providing for the payment of any fees payable by a licensee, including the
time and manner of payment;
(d) respecting the interest payable by a licensee in respect of any overdue fee;
and
(e) respecting such other matters as it deems necessary for the purposes of this
section.
Powers relating to conditions of licence imposed on CBC
Section 23
23. (1) The Commission shall, at the request of the Corporation, consult with
the Corporation with regard to any conditions that the Commission proposes to
attach to any licence issued or to be issued to the Corporation.
(2) If, notwithstanding the consultation provided for in subsection (1), the
Commission attaches any condition to a licence referred to in subsection (1) that
the Corporation is satisfied would unreasonably impede the Corporation in
providing the programming contemplated by paragraphs 3(1)(l) and (m), the
Corporation may, within thirty days after the decision of the Commission, refer
the condition to the Minister for consideration.
(3) Subject to subsection (4), the Minister may, within ninety days after a
condition is referred to the Minister under subsection (2), issue to the
Commission a written directive with respect to the condition and the Commission
shall comply with any such directive issued by the Minister.
Key Documents
- Departmental Performance Reports
- Reports on Plans and Priorities
- CRTC 3-Year Work Plan 2004-2007
- Broadcasting Monitoring Report
- Telecommunications Monitoring Report
- Statistical and Financial Summaries
These reports and others are available on the CRTC Web site at:
http://www.crtc.gc.ca/eng/publications/reports.htm
Annex 1
Canadian Television Services
| |
English
language* |
French
language |
Third
language |
Total |
| Canadian conventional (over-the-air) (1) |
National public broadcaster (CBC)
- Owned & operated |
15 |
8 |
|
23 |
| - Transitional digital |
1 |
1 |
|
2 |
| Private commercial |
73 |
23 |
4 |
100 |
| Religious |
5 |
|
|
5 |
| Educational |
4 |
3 |
|
7 |
| Native |
10 |
|
|
10 |
| Transitional digital |
6 |
1 |
2 |
9 |
| Canadian specialty, pay, pay-per-view (PPV)
and video-on-demand (VOD) |
| Analog specialty services |
30 |
14 |
5 |
49 |
| Category 1 digital specialty services (2) |
15 |
3 |
|
18 |
| Category 2 digital specialty services (2) |
33 |
|
15 |
48 |
| Pay television services (3) |
5 |
1 |
1 |
7 |
| Terrestrial PPV services (3) |
5 |
1 |
|
6 |
| Direct-to-home (DTH) PPV services (3) |
5 |
1 |
|
6 |
| VOD services (3) |
11 |
|
|
11 |
| Other Canadian services |
| Community channels (4) |
187 |
48 |
|
235 |
| Community programming services |
11 |
1 |
|
12 |
| House of Commons – Cable Public Affairs Channel (CPAC) |
1 |
1 |
|
2 |
| Non-Canadian services (5) |
Non-Canadian satellite services
Authorized for distribution in Canada |
82 |
6 |
19 |
107 |
| Total number of television services |
499 |
112 |
46 |
657 |
Excludes rebroadcasters and exempt television services. Also excludes
network lilcences.
* Includes bilingual (English and French) and native services.
(1) Includes satellite to cable services. (2) Includes only category 1 & 2
services launched prior to 1 October 2004. / (3) Number of services licensed. /
(4) Excludes Class 3 licensees / (5) Carriage of authorized services is at the
discretion of the broadcast distribution undertaking. / Sources: CRTC APP 1205
report run 30July 2004 and CRTC decisions
Annex 2
Canadian Radio and Audio Services
| |
English
language* |
French
language |
Third
language |
Total |
Over-the-air radio services
|
| National public broadcaster: |
|
|
|
|
| CBC: Radio One / Première chaîne |
36 |
20 |
|
56 |
| CBC: Radio Two / Espace musique |
14 |
11 |
|
25 |
| CBC network licences |
2 |
2 |
|
4 |
| CBC digital: Radio One / Première chaîne |
5 |
4 |
|
9 |
| CBC digital: Radio Two / Espace musique |
5 |
4 |
|
9 |
| Private commercial |
|
|
|
|
| AM stations |
172 |
18 |
9 |
199 |
| FM stations |
298 |
80 |
8 |
386 |
| AM & FM network licences |
26 |
11 |
|
37 |
| Digital radio (transitional) |
42 |
9 |
7 |
58 |
| Community: |
|
|
|
|
| - Type A stations |
12 |
28 |
|
40 |
| - Type B stations |
20 |
20 |
1 |
41 |
| Campus: |
|
|
|
|
| - Community-based |
34 |
6 |
|
40 |
| - Instructional |
9 |
|
|
9 |
| Native: Type B stations: |
40 |
6 |
|
46 |
| Religious (spoken word and/or music): |
31 |
25 |
|
56 |
| Other (tourist/traffic; Environ. Canada; sp. event,
etc.) |
107 |
16 |
1 |
124 |
| Total number of over-the-air Canadian radio services |
853 |
260 |
26 |
1,139 |
Audio services delivered by BDUs
|
| Specialty audio (com. / non-profit, regional /
national) |
3 |
|
11 |
14 |
| Pay audio (English & French national services) |
2 |
|
|
2 |
| Total number of Canadian audio services delivered by BDUs |
5 |
|
11 |
16 |
Total number of Canadian radio & audio services |
858 |
260 |
37 |
1,155 |
* Includes bilingual (English and French) and native services. / Excludes
rebroadcasters and exempt radio services.
Sources: CRTC APP 1205 report run April 2004 and CRTC decisions
Annex 3
Canadian Broadcasting Distribution
Undertakings (BDUs)
Number of Canadian BDUs:
| • Cable: |
class 1 |
139 |
| |
class 2 * |
102 |
| |
class 3 * |
1,744 |
| |
|
1,985 |
| • DTH |
|
2 |
| • MDS |
|
29 |
| • STV |
|
12 |
• Total number of broadcasting
distribution undertakings |
2,028 |
* Most class 2 and 3 cable undertakings are eligible for exemption from
licensing requirements. (Exemption order respecting cable systems having
fewer than 2,000 subscribers, Public Notice CRTC 2001-121, Ottawa, 7 December
2001 / Exemption of cable broadcasting distribution undertakings that serve
between 2,000 and 6,000 subscribers, Broadcasting Public Notice CRTC 2003-23,
Ottawa, 30 April 2003)
Sources: Cable systems - CCTA’s 03-04 annual report. This information is as of
September 2003 and is based on Mediastats; DTH, MDS & STV systems - CRTC APP 1205
report run 14 October 2004
Date Modified: 2005-02-01 |
