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2022-2023 Achievements for the implementation of section 41

Part VII of the Official Languages Act

Minister responsible:

The Honourable Pablo Rodriguez, Minister of Canadian Heritage

Deputy Head:

Vicky Eatrides, Chairperson and Chief Executive Officer

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

Catherine Lacasse-Joyal
Director, Organization & Classification – Official Languages

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

Frédéric Janelle
Senior Policy Analyst

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.

As a federal designated institution, the Commission has, under section 41 of the OLAFootnote 2, 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.

For several years, to ensure that this obligation is met, 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 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 3The Lens 41 analysis serves to assess the probable effects that a given decision or policy will have on OLMCs, to better ensure that the vitality and development of these communities are fostered, and to mitigate potential adverse impacts as much as possible.

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. In addition, since 2007, the Commission has set up a discussion group to engage in dialogue with groups representing OLMCs. The activities of this discussion group are described in the ongoing dialogue section of the report.

In concrete terms, the implementation of section 41 of the OLA includes but is not limited to regulatory policies and the Commission’s imposing conditions of licence on broadcasting undertakings or conditions of service on telecommunications service providers aimed at fostering the growth and development of OLMCs. For compliance monitoring purposes, the Commission may impose monitoring and reporting requirements.

In closing, it is worth remembering that the advancement of English and French across Canada is embedded in the DNA of the Commission, whose mandate includes regulating and monitoring the Canadian broadcasting system. It should be noted that the new Broadcasting Act, resulting from Bill C-11, provides for the expansion of the Commission's obligations to promote official languages.

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 minority communities (outside Quebec) and English-speaking communities in Quebec?

    Please specify the methods used, list the organizations and/or 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 tangible 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 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.

      For example:

      • Emails were sent to the discussion group to answer questions from members, to discuss the implementation of Bill C-11 and to provide them with information about the publication of the licence renewal application for TFO (French-language educational television) and Télévision communautaire Frontenac.
      • The Commission received the new report published by the Quebec English-language Production Council (QEPC) presenting the annual volume of film and television production within the OLMC in Quebec. QEPC also shared a letter identifying their concerns about distributor licensing compliance.

      In addition, during the renewal of Télévision communautaire Frontenac in Montréal, Commission staff answered questions from QEPC. Commission staff did the same for the Alliance des producteurs francophones du Canada (APFC), who wanted a better understanding of the issues surrounding the renewal of TFO's television licence.

      The discussion group is valued by community representatives because they can speak directly with the Commission’s senior management. On the CRTC side, the discussion group allows CRTC staff to better understand the challenges and priorities of OLMCs outside the usual consultation framework.

      The last discussion group meeting was held in the fall of 2022. In addition, it should be noted that Vicky Eatrides, the Commission’s new Chairperson and Chief Executive Officer, and Alicia Barin, the new Vice Chairperson, Broadcasting, met with members of the discussion group in January 2023 to introduce themselves as they start in their new roles and open a dialogue.

    Interventions during public hearings

    1. In addition to the discussion group, the CRTC stays informed about the priorities and concerns of OLMCs through the interventions of OLMCs during public hearings. 

      The Commission has also established a system for self-identification of individuals from OLMCs when they make written interventions in public processes. From April 1, 2022, to March 31, 2023, 396 individuals or organizations self-identified as members of an English-speaking OLMC and 313 individuals or organizations self-identified as members of a French-speaking OLMC.

      For comparison with the previous year, from April 1, 2021, to March 31, 2022, 75 individuals or organizations self-identified as members of an English-speaking OLMC and 32 individuals or organizations self-identified as members of a French-speaking OLMC. This difference can be explained by the licence renewal process for CBC/SRC television and radio services, which has generated a great deal of interest among OLMCs.

    Lens 41

    1. As mentioned in the introduction, 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 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. The Lens 41 analysis serves to assess the probable effects that a given decision or policy will have on OLMCs, to better ensure that the vitality and development of these communities are fostered, and to mitigate potential adverse impacts as much as possible.

Tangible Results

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

    Please describe the initiatives, impacts, success factors, and results.

    Radio:

    1. Summary

      The Commission revised the Commercial Radio Policy, Broadcasting Regulatory Policy CRTC 2022-332, and issued several decisions to continue to promote linguistic duality across Canada and to support existing radio stations serving OLMCs. These decisions include technical changes that generally improve the range and signal quality of radio stations, the operation of new rebroadcasting transmitters, and the renewal of numerous licences, including that of the Canadian Broadcasting Corporation (CBC). The Commission ensured the continued operation of radio stations within OLMCs across the country while ensuring that the objectives of the Broadcasting Act were met.

    2. Main radio initiatives

      • Continued operation of existing radio stations operating within OLMCs.
        • The Commission renewed the broadcasting licences of hundreds of radio stations in June 2022 and March 2023, including many commercial, community and specialty radio stations operating within OLMCs (CHPL-FM Plamondon [Alberta], CIDG-FM Ottawa/Gatineau, CKBE-FM Montréal, etc.). The renewal of these licences ensures that these different OLMCs have access to local programming in their mother tongue that reflects their distinct needs and interests.
      • In Broadcasting Decision 2022-165, the Commission renewed the broadcasting licences for the English- and French-language audiovisual and audio services of the CBC. As stated in its mandate in the Broadcasting Act, CBC programming must reflect and serve the needs of all Canadians, in both official languages, regardless of where they live. In addition to its mandate, through decision 2022-165, the Commission:
        • requires, as a condition of licence, that the CBC broadcast a least 15 hours per week of local French-language programming for its CBEF Windsor radio station.
        • expects the CBC to maintain this same minimum threshold (15 hours per week) for its ICI PREMIÈRE CBAF-FM-5 Halifax and CBAF-FM-15 Charlottetown stations.
        • expects the CBC to submit an annual report indicating the amount of local programming offered by its ICI PREMIÈRE and Radio One stations.
        • encourages the CBC to enhance its current offering of local French-language programming on ICI PREMIÈRE in Windsor, Halifax and Charlottetown.
      • Approval of technical changes to existing radio stations so that they can better serve their communities in either official language. The approval of applications for technical changes from the CBC and Radio Communautaire Missisquoi (RCM) are good examples.
      • In Broadcasting Decision 2023-18, the CBC indicated that the requested technical changes were necessary for it to maintain the excellent signal quality of its transmitter serving the French-speaking community in Hearst, Ontario, mentioning that the timeworn antenna needed to be replaced. The approval of this application allows the CBC to continue to provide a quality signal to remote French-speaking communities in Ontario.
      • In Broadcasting Decision 2022-257, the Commission approved RCM's application to correct issues related to a failed antenna and interference from another station. The approval of the application increases the signal quality of English-language radio station CIDI-FM Lac-Brome to better reach the English-speaking population of the community.

    Television:

    1. The Commission has imposed various regulatory requirements to ensure that the CBC completely fulfils its role with regard to OLMCs. For example:

      • The CBC must devote a portion of its programming expenses to acquiring content produced by OLMC producers.
      • The CBC must conduct consultations with OLMCs and other equity-seeking groups every two years to better understand programming needs.
      • Adoption of a new definition for OLMC producers and introduction of a separate programming requirement for OLMCs so that original French-language programming excludes dubbed programs and so that programming from the regions of Quebec is not included in the expenditure requirement for OLMCs.
      • Expectation that the CBC will continue to pursue its initiatives in the areas of training with OLMCs.
        • Success factor: Expenditures made as required each year to support OLMC producers, consultations held with OLMCs twice a year.
        • Impact: economic benefits and improved dialogue with OLMC producers. Public broadcaster programming relevant to Canadians living in OLMCs

    Broadband Fund

    During 2022-23, the CRTC continued to administer the Broadband Fund to bridge the digital divide. In accordance with the project selection considerations set out in the CRTC's regulatory policy, the Commission may, in making funding decisions within the framework of the Fund, give special consideration to projects that extend service to OLMCs.

    On August 4, 2022, the Commission approved the request of Sichuun Inc., Naskapi Imuun Inc. and Redline Communications Inc. for funding of up to $297,332 to build or upgrade mobile wireless infrastructure in four communities in northeastern Quebec, with some coverage extending into Newfoundland and Labrador. In selecting the project, the Commission took into account that the project will serve Indigenous communities and an OLMC (Kawawachikamach).

  1. Please highlight positive measures taken by your institution that have 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 describe the initiatives, impacts, success factors, and results.

    Radio:

    1. Summary

      Modification of existing radio stations so that they can continue to serve communities in either official language. Examples of this include the changes to the licences of the CBC and CJRO Radio Inc (CJRO Radio).

    2. Main radio initiatives

      • In Broadcasting Decision 2022-141, the Commission approved the CBC's application for a licence amendment to operate a new transmitter in Maniwaki, Quebec, to rebroadcast the service programming of CBO-FM in Ottawa, Ontario from its national English-language network Radio One. The approval of this application allows an English-language station to provide improved service and signal coverage to the English-speaking community in Maniwaki, Quebec.
      • CJRO RadioFootnote 4 operates a low-power English-language and French-language community radio station in Carlsbad Springs, Ontario, providing local news and event information to the surrounding communities in both official languages. The Commission approved, on an exceptional basis, CJRO Radio's request to add a rebroadcast transmitter in Casselman, Ontario to fill the gap in local English-language programming for English-speaking residents. The approval of this application is beneficial to residents as Casselman does not have its own radio service and the addition of a transmitter allows for local bilingual news and community events to be made available to the community by adding Casselman-based programming.

      • In the 2022-2023 broadcast year, the Commission completed its review of the Commercial Radio Policy and issued the Revised Commercial Radio PolicyFootnote 5. During this process, the Commission reviewed the various policies that are part of the proceeding to ensure that they continued to meet the needs and interests of Canadians and that they contributed to the advancement and recognition of the use of English and French in Canada.

        Among other things, the Commission maintained the French-language vocal music (FVM) quotas at 65% during each broadcast week and 55% between 6 a.m. and 6 p.m., Monday to Friday. While many broadcasters had indicated in their intervention that these quotas were not in line with listeners’ interests, the Commission noted that FVM quotas were not a reflection of Canadians’ listening habits and instead served to reflect the linguistic variety of the country.

      • The Commission maintained the payment of tangible benefits (financial contribution by the purchaser upon changes in ownership or effective control of broadcasting undertakings to funds aimed at supporting the creation, marketing and promotion of Canadian music in English and French) at a minimum of 6% of the transaction value.
        • Specific percentages will be allocated to each fund to create a source of funding for both English-language and French-language funds.

Key Collaborations

  1. Did your institution collaborate with other federal institutions or with partners (sectoral working groups, municipalities, provinces and territories, post-secondary institutions, 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 describe these collaborations and partnerships, the results achieved and the success factors.

    The CRTC maintains an ongoing dialogue between Commission staff and Canadian Heritage staff to keep abreast of the latest developments in the vitality of OLMCs and the promotion of English and French in Canadian society. Although the impact of these discussions is indirect, they allow for long-term cohesion between the various government agencies with respect to the delivery of services to OLMCs and the promotion of English and French in the Canadian 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 have you considered the needs of official language minority communities and the advancement of English and French in the implementation of these measures?

    Please describe your activities and the results.

    Public hearings: Interpreter services

    OLMC interveners in the Commission's public processes during appearing hearings have automatic access to live interpreters during virtual appearances via ZOOM, Skype or similar computer applications.

    It should be noted that the Commission has a strong track record in virtual consultation, which allows it to hold appearing public hearings on major issues such as the renewal of the CBC's licences.

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