ARCHIVED - Broadcasting Decision CRTC 2013-683
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Route reference: 2013-318
Ottawa, 12 December 2013
Société Radio Taïga
Yellowknife, Northwest Territories
Application 2013-0215-8, received 25 January 2013
CIVR-FM Yellowknife – Licence renewal
The Commission renews the broadcasting licence for the community radio station CIVR-FM Yellowknife, Northwest Territories, from 1 January 2014 to 31 August 2020.
1. Société Radio Taïga (Radio Taïga) filed an application to renew the broadcasting licence for the community radio station CIVR-FM Yellowknife, Northwest Territories, which expires on 31 December 2013. The Commission did not receive any interventions regarding this application.
2. In Broadcasting Notice of Consultation 2013-318, the Commission noted that the licensee was in apparent non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations) concerning the filing of the annual return for the 2010-2011 broadcast year. Specifically, the licensee failed to submit the financial statements for that broadcast year.
3. Section 9(2) of the Regulations requires that on or before 30 November of each year, a licensee shall submit to the Commission a complete annual return for the year ending on the previous 31 August. The specific filing requirements, including the requirement to submit financial statements, are set out in Broadcasting Information Bulletin 2011-795.
4. The licensee explained that the absence of the financial statements for the 2010-2011 broadcast year was due to the fact that Radio Taïga was inactive at the time. The licensee stated that it did not start managing CIVR-FM until 1 April 2011.
5. The licensee indicated that in the future, the permanent employee responsible for filing annual returns with the Commission would receive more support from management.
6. The Commission notes that the missing financial statements have since been filed.
7. In light of the above, the Commission finds the licensee in non-compliance with section 9(2) of the Regulations regarding the filing of annual returns for the 2010-2011 broadcast year.
8. In Broadcasting Information Bulletin 2011-347, the Commission announced a revised approach for dealing with non-compliance by radio stations. Specifically, the Commission indicated that each instance of non-compliance would be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commision also indicated that it would consider the circumstances, the arguments provided by the licensee and the measures taken to rectify the situation.
9. The Commission notes that compliance with the deadlines set for filing returns is important because it enables the Commission to monitor a licensee’s performance and compliance with regulations. Accordingly, it considers that annual returns that are incomplete or filed late to be a serious matter.
10. After examining the record for this application, the Commission is satisfied with the licensee’s explanation regarding the non-compliance. Given the circumstances surrounding Radio Taïga’s non-compliance for CIVR-FM, the Commission finds it appropriate to grant the station a full-term licence renewal.
11. In light of all of the above, the Commission renews the broadcasting licence for the community radio programming undertaking CIVR-FM Yellowknife, Northwest Territories, from 1 January 2014 to 31 August 2020. The terms and conditions of licence are set out in the appendix to this decision.
12. Pursuant to section 22 of the Broadcasting Act, the Commission reminds the licensee that the broadcasting licence will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.
- Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2013-418, 19 August 2013
- Notice of applications received, Broadcasting Notice of Consultation CRTC 2013-318, 2 July 2013
- Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011
- Revised approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2011-347, 26 May 2011
*This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2013-683
Terms, conditions of licence, expectations and encouragements for the community radio programming undertaking CIVR-FM Yellowknife, Northwest Territories
The licence will expire on 31 August 2020.
Conditions of licence
1. The licensee shall adhere to the conditions set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012, as amended from time to time.
As stated in Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010, the Commission expects all community and campus licensees to file yearly updates on the composition of their boards of directors. These annual updates can be filed at the time of submission of annual returns, following annual board of directors elections, or at any other time. As noted in Appendix 3 to that policy, licensees may submit such documentation via the Commission’s website.
The Commission considers that community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages the licensees to consider these issues in its hiring practices and in all other aspects of its management of human resources.
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