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2021-2022 Achievements for the implementation of section 41

Part VII of the Official Languages Act

Minister responsible:

Minister of Canadian Heritage and Multiculturalism, the Honourable Pablo Rodriguez

Deputy Head:

Ian Scott, Chairman and Chief Executive Officer

Person responsible for official languages (Parts IV, V and VI of the Official Languages Act (OLA)):

Catherine Lacasse-Joyal
Manager, Organisation & Classification/Official Languages

National coordinator or contact person responsible for the implementation of section 41 (Part VII) of the OLA:

Juliana Trapolino
Analyst, Strategic Policy and International Affairs

Regional contact person(s) for section 41 of the OLA (if applicable):

None

Introduction: Particular Context of the Canadian Radio-television and Telecommunications Commission

The Canadian Radio-television and Telecommunications (CRTC or Commission) is an independent administrative tribunal that is responsible for regulating and supervising the activities of the broadcasting and telecommunications sectors under their respective legislation. Established to develop, implement and enforce regulatory policies on the Canadian communications system, the CRTC also performs a wide range of functions, including rule making and policy development.

As an administrative tribunal, the CommissionFootnote 1 is subject to various legal requirements notably with respect to the conduct of its hearings. In line with these obligations, the Commission offers interested persons, including official language minority communities (OLMCs), the opportunity to make submissions in all proceedings on issues relevant to them. Commission decisions are made based on the record presented before it.

For several years, the CRTC has instituted a practice whereby an analysis of the record associated with a given proceeding must be prepared by Commission staff with a view to integrating, in a systemic fashion, the objectives of subsection 41(1) of the Official Languages ActFootnote 2 (OLA). This analysis forms part of the Commission’s deliberations. The CRTC has developed a tool, known internally as “Lens 41,” which has been systematically integrated into the decision process for proceedings that affect OLMCs.Footnote 3 The Lens 41 analysis serves to assess the probable effects that a given decision or policy will have on OLMCs and to better ensure that the vitality and development of these communities are fostered. This practice is consistent with the specific mandate entrusted to the CRTC under the Broadcasting ActFootnote 4 (BA) and the Telecommunications ActFootnote 5, and the limits imposed by this legislation.

All information documents regarding public hearings and all memoranda for Commission meetings also include a cover page entitled "Document at a Glance", which contains a section where Commission staff must indicate whether the record presents issues for official languages and/or minority language communities. Where such considerations exist, staff must check the appropriate box and specify exactly where in the document the relevant Lens 41 analysis can be found. This mechanism is used to draw the attention of Commission members (decision makers) to the fact that Commission staff is of the view that a given record has official languages implications for one or more OLMCs and that those implications are addressed in the related documentation.

The staff analysis included in “Lens 41” serves to raise issues for discussion by the Commission as well as ensuring that all Commissioners, including the Chairperson and Chief Executive Officer of the Commission, are informed of OLMC issues that will be the subject of deliberations and decision processes.

At the CRTC, the implementation of section 41 of the OLA is carried out through regulatory policies, regulatory amendments and the imposition of conditions of licence on broadcasting undertakings or conditions of service on telecommunications service providers. To verify compliance, the Commission may impose monitoring and reporting requirements.

If the Commission is concerned about apparent non-compliance with regulatory obligations, it may investigate, hear evidence and rule on the issue. The Commission can impose a variety of measures, such as renewing the broadcasting licence for a short period, imposing a mandatory order, denying licence renewal, suspending or revoking a licence, or imposing new conditions on telecommunications service providers.

In conclusion, we would like to draw the reader’s attention to the fact that promoting the use of English and French across Canada is part of the Commission’s "DNA", given that the Commission shall regulate and supervise the Canadian broadcasting system with a view of implementing the broadcasting policy which states, among other things, that:

Further, the Commission must exercise its functions under the Telecommunications Act with a view to implementing the Canadian telecommunications policy, one of whose objectives is to respond to the economic and social requirements of users of telecommunications services.

In addition, as a federal designated institution, the Commission has, under section 41 of the OLA, a duty to take positive measures to enhance the vitality of English and French linguistic minority communities in Canada, support and assist their development, and to foster the full recognition and use of both English and French in Canadian society.

Part VII of the Act

Enhancing the vitality and development of official language minority communities and the advancement of English and French in Canadian society

All federal institutions should answer all of the questions. Information collected through this process is used by Canadian Heritage to prepare the Annual Report on Official Languages, the Best Practices Digests for part VII and various other tools to support federal institutions with the implementation of part VII of the Official Languages Act.

Ongoing Dialogue

  1. How does your institution ensure that it is aware of the priorities and needs of French-speaking communities outside Quebec and English-speaking communities within Quebec?

    Please specify the methods used, list the organizations/communities with whom you were in contact, as well as how you took the priorities and needs of these communities into account when planning your activities.

    CRTC-CLOSM discussion group

    1. The CRTC-OLMC discussion group (discussion group) is a concrete example of the Commission’s efforts to promote the participation of OLMCs in its public processes. Since 2007, the discussion group’s activities have helped the Commission to support the vitality and development of OLMCs within its mandate and assisted in the promotion of Canada’s linguistic duality. The discussion group meets twice a year, usually at the Commission’s offices, or via teleconference or videoconference.

      Some thirty organizations (including representatives from both English- and French-language OLMCs) from across the country are members. The list of member organizations also includes the Department of Canadian Heritage, the Commission’s federal partner, the Commission’s Official Languages Champion, the Commission’s National Implementation Coordinator for Section 41 of the OLA, and the Commission’s Sector Coordinators.

      As a forum for exchange, communication and collaboration, the discussion group encourages OLMCs to share their broadcasting and telecommunications needs, concerns, and priorities, resulting in fruitful discussions. It also informs OLMCs of public processes that may affect them: licence renewals, notices of consultation, decisions, etc. while increasing the participation of OLMCs in the Commission’s public processes. The discussion group is intended to promote networking between English- and French-language organizations, thereby establishing important links between them.

      By encouraging the participation of OLMCs in the Commission’s public processes, the discussion group contributes, through its activities, to the greater participation of OLMCs in the CRTC’s public processes. It also gives the CRTC a chance to better understand the challenges they face and their priorities in order to adapt our public policies accordingly.

      Since the beginning of the COVID-19 pandemic, discussion group meetings have been held virtually. The last meeting was held virtually in October 2021 and was intended to allow OLMCs to have an open discussion about how they are dealing with the challenges inherited from the pandemic and to share the needs of their communities with the CRTC. For example, the CRTC heard that it was important for OLMCs to be consulted prior to the adoption and implementation of new proposed legislation or legislative amendments. The Commission also heard the importance of the Broadcasting Participation Fund (Fund) to independent producers from OLMCs and that they want the Fund to continue. Indeed, the OLMCs shared with the Commission that the Fund is very useful for many people who have difficulty gathering the resources necessary to intervene. However, communities are concerned about the depletion of the Fund and want to see measures taken to ensure its survival.

      The Commission also has a system for self-identification of individuals from OLMCs when they make written interventions in public processes. This allows the Commission to ensure that its decisions take into account the linguistic diversity of Canada. From April 1, 2021 to March 31, 2022, 32 individuals or organizations self-identified as members of a French-speaking OLMC outside the province of Quebec and 75 as English-speaking residents of Quebec.

Tangible Results

  1. Please highlight the positive measures taken by your institution that enhanced the vitality and development of official language minority communities. Please ensure to include activities taking place in the regions, where applicable.

    To include in your response: a description of the initiatives, the impacts, the results and the success factors.

    Radio:

    1. The Commission approved an application by Mohawk Multi Media

      One of the main initiatives supporting the promotion and development of linguistic diversity across the country is to maintain and/or improve the service offered by existing radio stations serving OLMCs, such as through the approval of applications for the acquisition of assets. One such case was the approval of the application by Mohawk Multi Media to acquire the assets of the low-power English- and Mohawk-language Indigenous (Type B Native) radio station CKHQ-FM operating in Kanesatake/Oka, Quebec from CKHQ United Voices Radio and to obtain a new broadcasting licence to continue the operation of CKHQ-FM in Broadcasting Decision CRTC 2021-168. The applicant indicated that the approval of its application would enable it to continue to serve the Anglophone and the Mohawk-speaking communities in Kanesatake/Oka, Quebec, as the sole station dedicated to the Kanesatake community.

      As part of the same proceeding that resulted in Broadcasting Decision CRTC 2021-168, Mohawk Multi Media also submitted an application to obtain a new broadcasting licence to operate CKHQ-FM and sought to change its station status from an unprotected low-power station to a class A1 protected station to protect the station’s frequency and to preserve a radio service that promotes Mohawk identity in the region. Mohawk Multi Media main objective is to protect and preserve the Mohawk identity by highlighting various aspects of the culture such as language, art, history, values and traditions. The applicant proposed to offer local programming that would consist of 89.5 hours of English-language content, 28.5 hours of Mohawk language content and one hour of French-language content. The approval of this application in Broadcasting Decision CRTC 2021-200, will enable Mohawk Multi Media to continue providing relevant and quality local programming to the Anglophone and Mohawk-speaking communities in Kanesatake/Oka, Quebec.

    2. The Commission approved an application by Radio Ntetemuk inc

      The Commission also contributed to enhancing the vitality and development of linguistic diversity by approving an application by Radio Ntetemuk inc. for a new broadcasting licence to operate an Innu-, French- and English-language, Indigenous (Type B Native) FM radio station in Pessamit, Quebec in Broadcasting Decision CRTC 2021-243. The applicant was operating a low-power Indigenous radio station (CIMB-FM) since 1982 to serve the needs of the Innu community of the Pessamit area, however the licence was not renewed in 2014 and therefore it lapsed. The applicant continued operating the station without a licence. As a result, Radio Ntetemuk inc. had to submit a new application to pursue the operation of the station in compliance with the Native broadcasting policy (Public Notice CRTC 1990-89) and requested to operate at a higher power and thus obtain a protected status. The Commission approved the application given that it is the only specialized station that serves the Innu population in the areas by broadcasting in the Innu language in addition to offering programming in English and French-languages and the applicant’s commitment to operate the station in compliance in the future. In light of the expected positive outcomes of keeping CIMB-FM on air, the Commission considers that the approval of the application is in the public interest and will ensure that the community will continue to have access to programming in both official languages and in the Innu-language.

    Television:

    1. Renewal process of the Canadian Broadcasting Corporation/Société Radio-Canada

      In Broadcasting Notice of Consultation CRTC 2019-379, the Commission announced that it would consider the applications presented by the Canadian Broadcasting Corporation/Société Radio-Canada (the Corporation) to renew the broadcasting licences for its various French-language and English-language audio and audiovisual programming services in a public hearing.

      The Commission noted that the Corporation's activities and significant contributions to the overall objectives of the Act require it to produce, commission and make available to Canadians audio and audiovisual content on multiple platforms that meets the needs and reflects the diverse population of Canada, including women, Indigenous groups, ethnic and multicultural groups, official language minority communities (OLMC), children and youth, Canadians with disabilities, and LGBTQ2 Canadians.

      For example, the Commission sought comments on a variety of issues affecting OLMCs, including:

      Q5. Does the programming offered on all of the platforms and services of the Corporation reflect the diversity of Canadians? Are the following groups adequately and appropriately represented?

      1. Women
      2. Indigenous Groups
      3. Ethnic and multicultural groups
      4. OLMCs
      5. Children and youth
      6. Canadians with disabilities
      7. LGBTQ2 Canadians

      Q6. Is programming that reflects the various groups mentioned above easily discoverable, available and identifiable? If not, what could the Corporation do to improve the discoverability, availability and identification of content that reflects these groups?

      Q7. What could the Corporation do to ensure that its programming remains representative of the regions of Canada while addressing the specific needs and interests of those regions, including Indigenous peoples in different parts of Canada, on all its platforms and services?

      The hearing began on January 11, 2021. Several organizations from or representing OLMCs or representing OLMC issues in their interventions appeared before the CRTC hearing panel, including the Société Nationale de l'Acadie, On Screen Manitoba, the Fédération des communautés francophones et acadienne du Canada, the Fédération de la jeunesse canadienne-française, the Fédération culturelle canadienne-française, the Fédération acadienne de la Nouvelle-Écosse, the Association acadienne des artistes professionnelles du Nouveau-Brunswick, the Assemblée de la francophonie de l'Ontario, the Alliance des producteurs francophones du Canada, QEPC, QCGN & ELAN, the Fédération nationale des communications, Syndicat des communications de Radio-Canada, and the Community Media Advocacy Centre. The Commissioner of Official Languages, Raymond Théberge, also appeared to comment on the effects of the Corporation on the status of French and English and on the vitality of OLMCs.

      The Corporation filed its application, related documents and all its documents related to the notice in both official languages. Simultaneous interpretation was made available at the hearing, which facilitated participation in both official languages. It should be noted that the appearance could be held by videoconference, which facilitated the participation of members of OLMCs located in remote areas.

      Finally, during the hearing, the members of the hearing panel were able to ask the OLMC participants questions in order to clarify certain issues identified in their written interventions. For example, with respect to the debate on the appropriate percentage of funds allocated to independent producers from OLMCs by the Corporation. For more details, we invite you to read the transcript of the exchange between Commissioner Lafontaine and English-speaking OLMC representatives beginning at paragraphs 12905 of the transcript of the January 27, 2021 hearing.

      In conclusion, in Broadcasting Decision CRTC 2022-92, the Commission administratively renewed the broadcasting licences of the Corporation until August 31, 2022. However, it has stated its intention to issue the renewal decision for the new licence term no later than June 30, 2022.

    2. Maintaining the level of local French-language news in the Rivière-du-Loup and Madawaska OLMC region

      In Broadcasting Decision CRTC 2021-389 (the Decision), the Commission approved an application by Télé Inter-Rives ltée to reallocate local news support funds from the Independent Local News Fund previously dedicated to the CKRT-DT Rivière-du-Loup (prior to its closure in August 2021) to CFTF-DT Rivière-du-Loup. The Madawaska French-language OLMC is located in northern New Brunswick and receives the CFTF-DT signal.

      CKRT-DT’s service area and its transmitters included the Rivière-du-Loup market and its surrounding areas, which included part of the French-language OLMC in Madawaska County, New Brunswick. Although CKRT-DT's programming was not directly targeted at this OLMC, the OLMC did have access to two hours of French-language locally reflective news offered by the station.

      To compensate for this loss, the CRTC decision increased the number of hours of local news to be broadcast by CFTF-DT. The CRTC also issued an incentive to ensure that CFTF-DT continues to provide news relevant to the Madawaska community. This decision modifies the condition of licence of CFTF-DT, and increases the number of hours of French-language local news to be broadcast each week from 2 hours 30 minutes to 4 hours 30 minutes.

      The French-speaking Madawaska OLMC in northern New Brunswick continues to have access to the same number of hours of local French-language news (2.5 hours offered by CFTF-DT up until then, plus the 2 hours previously offered by CKRT-DT), despite the closure of CKRT-DT in 2021.

  2. Please highlight the positive measures taken by your institution that contributed to fostering the full recognition and use of both English and French in Canadian society. Please include activities taking place in the regions, if applicable.

    Please include in your response a description of the initiatives, the impacts, the success factors and the results.

    The Commission approved several radio applications for technical amendments during fiscal year 2021-2022, which is one of the ways that it ensures the full recognition and use of both official languages in Canadian society. By allowing technical improvements for radio stations, the Commission is ensuring that these stations already serving OLMCs are able to continue to provide quality content to their listeners.

    One such example is the approval of technical amendment applications from the Canadian Broadcasting Corporation (CBC), which sought to improve its signal quality and the reach of the stations that they operate in certain OLMCs. The applications submitted were for technical amendments for its French-language radio station CBON-FM Sudbury and its transmitter CBON-FM-5 Elliot Lake, ON; its English-language station CBVE-FM Québec and its transmitter CBMF-FM Mont-Tremblant, QC; and its French-language station CBAF-FM Halifax and its transmitter CBAF-FM-12 Margaree, NS. All three applications submitted were requesting permission to change the authorized contours of their rebroadcasting transmitters.

    As detailed in Broadcasting Decision CRTC 2021-293, the CBC indicated that the requested technical amendments were essential to the continued service to the francophone community in Elliot Lake, ON, citing the fact that the timeworn existing tower, transmitter and antenna had to be replaced. The new rebroadcasting transmitter would also improve coverage and reach of the signal, allowing the CBC to serve a larger population. In light of the potential benefits described by the CBC, the Commission approved the application.

    Regarding CBVE-FM Québec and its transmitter in Mont-Tremblant, the CBC also cited the need to replace the existing timeworn antenna and improve the service of its Radio One station in the region. Similarly to the application submitted for CBON-FM-5 Elliot Lake, the Commission found that the CBC demonstrated need for the requested technical amendments, enabling it to continue to serve the English-speaking population in that region. Therefore, the Commission approved in application in Broadcasting Decision CRTC 2021-321.

    The third application submitted by the CBC for technical amendments concerned its French-language radio station CBAF-FM Halifax and its transmitter CBAF-FM-12 Margaree, NS. The CBC requested authorization to change the approved contours of its transmitter site in Margaree (CBAF-FM-12), stating that the site had been inaccessible for several months due to damages caused by a severe storm. The CBC was unable to restore power and make the necessary repairs to reinstate the service, as a result, it proposed to relocate the transmitter to a different site. The CBC indicated that the new site would allow it to continue serving the francophone community located in Margaree but to a lesser number of residents. In light of the circumstances, the Commission approved the application to ensure that the francophone community of this region continue receiving quality radio service in their language of choice in Broadcasting Decision CRTC 2022-12.

    The Commission also promoted the linguistic duality across Canada with the approval of a new low-power rebroadcasting transmitter for the French- and English-language community radio station CJRO-FM Carlsbad Springs, ON to operate in Sarsfield, ON. The addition of the transmitter will allow CJRO-FM to reach a larger audience, namely the residents of Sarsfield, a neighboring community. The licensee, Carlsbad Springs Community Association, stated that the addition of a transmitter in Sarsfield would be beneficial to the local community, as it is not large enough to run its own radio station. Citing that these two communities have similar interests and are located close to one another, the licensee asserts that this new transmitter would be a natural addition to Sarsfield’s community. Despite that the licensee did not cite a technical or economic need for the addition of rebroadcasting transmitter in its application, the Commission nonetheless approved the application in Broadcasting Decision CRTC 2021-336, since it considers that it is in the public interest to do so.

Key Collaborations

  1. Did your institution collaborate with other federal institutions or with partners (sectoral working groups, municipalities, provinces/territories, post-secondary institutions, the private sector) on a program, project or other initiative to enhance the vitality and development of official language minority communities and/or the advancement of English and French in Canadian society?

    Please include in your response a description of these collaborations and partnerships, the results achieved as well as the success factors.

    The CRTC maintains an ongoing dialogue between the Commission's staff and Canadian Heritage staff to keep abreast of the latest developments in the vitality of official language minority communities and/or the promotion of English and French in Canadian society. Although the impacts of these exchanges are indirect, they allow for long-term cohesiveness between the various government agencies with regards to the provision of services to OLMCs and the promotion of English and French in the public service and across Canada.

COVID-19

  1. Does your institution have measures in place to respond to the COVID-19 pandemic (including measures related to economic recovery)? If so, how did you consider the needs of official language minority communities and the advancement of English and French in the implementation of these measures?

    Please describe your activities as well as the results.

    COVID-19

    One measure that the Commission undertook over the course of the pandemic was to provide flexibility to radio broadcasters by granting extensions of time for the implementation of new radio stations or rebroadcasting transmitters to recognize the delays in the delivery of technical equipment or the lack of availability of staff to install such equipment.

    The Commission also rendered a decision on the Canadian Association of Broadcasters (CAB) application that was seeking immediate regulatory relief related to expenditure and exhibition requirements for Canadian private broadcasters due to the COVID-19 pandemic. Due to the issues raised in the CAB’s application and the number of stakeholders that could be affected by the requested relief, the Commission called for comments on the application in a Notice of consultation. After examining the CAB’s proposal in light of the four expected outcomes set out in the Notice, the Commission determined that the proposal did not meet two of the expected outcomes, in particular, those relating to ensuring that parties benefiting from the Commission’s requirements for broadcasters are not unreasonably affected by the proposed regulatory relief, and to ensuring that the proposed regulatory relief is minimally administratively burdensome for those entities seeking relief, but easily monitored and supervised by the Commission to ensure appropriate accountability.

    Consequently, the Commission denied the CAB application in Broadcasting Decision CRTC 2021-274 and proposed, instead, an extended payment approach, which will provide regulatory relief for private Canadian broadcasters in the television and radio sectors in the context of the COVID-19 pandemic. For the radio sector, in regard to Canadian content development (CCD) contributions (basic and over-and-above CCD contributions, and tangible benefits directed to CCD initiatives), the Commission requires that any licensee that incurred shortfalls in this regard for the 2019-2020 broadcast year:

    • pay 50% of the CCD contribution shortfall by no later than 31 August 2022; and
    • pay the remaining 50% of the CCD contribution shortfall by no later than 31 August 2023.

    The Commission’s decision, in this case, provides flexibility to broadcasters serving OLMCs by ensuring that they receive their fair share of financial aid and CCD contributions that were approved and is expected to be available despite the fact that the contributions will be paid over a number of additional years.

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