ARCHIVED - Public Notice CRTC 1990-86
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Public Notice |
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| Ottawa, 11 September 1990 | |
| Public Notice CRTC 1990-86 | |
| Proposed Amendments to the Television Broadcasting Regulations, 1987, Radio Regulations, 1986 and Specialty Services Regulations, 1990 | |
| I. Background | |
| In May 1986, following the issue of CRTC Public Notices 1985-209, 1986-66 and 1986-68, the Commission conducted a public hearing relating to its regulation of alcoholic beverage broadcast advertising. At that time, the focus of the Commission's examination was its pre-clearance approval scheme for scripts for beer, wine and cider commercials and the scope of the guidelines contained in its Code for Broadcast Advertising of Alcoholic Beverages (Code). The Association of Canadian Distillers (ACD) intervened to request equal treatment of broadcast advertising of all types of alcoholic beverages. | |
| In Public Notice CRTC 1986-247, the Commission announced amendments to the regulations which, among other things, would permit the broadcast of commercial messages for alcoholic beverages with 7% or less of distilled spirits (coolers), while maintaining the prohibition against broadcast advertising of spirituous liquor. | |
| II. Existing Regulatory Framework as amended in 1986 | |
| Subsection 6(3) of the Television Broadcasting Regulations, 1987 permits the broadcast advertising of beer, wine, cider and coolers provided that the advertisements comply with the Code established by the Commission as well as various other restrictions. Similar provisions are found in subsection 4(3) of the Radio Regulations, 1986 and subsection 4(3) of the Specialty Services Regulations, 1990 (all three collectively referred to as the Regulations). The Regulations ban the broadcast of commercial messages for spirituous liquors, liqueurs, alcoholic cordials and any other alcoholic beverage with more than 7% distilled spirits (collectively referred to as spirits). | |
| III. Request for Amendments to Regulations | |
| The ACD has reiterated its request to the Commission that the Regulations be amended so as to treat equally broadcast advertising of beer, wine, cider, coolers and spirits. The ACD submits that the current ban against broadcast advertising of spirits infringes its freedom of expression as guaranteed in subsection 2(b) of the Canadian Charter of Rights and Freedoms (Charter). The ACD further asserts that given the scope of permitted broadcast advertising of beer, wine, cider and coolers, the ban on broadcast advertising of spirits cannot be justified in accordance with section 1 of the Charter. Under the latter provision, a limitation on a right or freedom guaranteed in the Charter must be a reasonable one, prescribed by law and demonstrably justified in a free and democratic society. The ACD has also initiated legal proceedings challenging the constitutional validity of the prohibition against broadcast advertising of spirits on these grounds. | |
| IV. Proposed Amendments | |
| The Commission notes that, given the orientation of its 1986 public hearing, the evidence submitted to the Commission in response to CRTC Public Notices 1985-209, 1986-66 and 1986-68, relating to broadcast advertising of alcoholic beverages, did not focus upon the factual basis for banning broadcast advertising of spirits. | |
| The Commission invites the public to submit representations concerning the attached proposed amendments to the Regulations eliminating the distinction between broadcast advertising of beer, wine, cider, coolers and spirits. Under the proposed amendments, broadcast advertising of spirits would be subject to the same rules that are currently applied to commercial messages for beer, wine, cider and coolers. | |
| Public comments should relate to specific evidence (or the lack thereof) in support of or against the distinction made by the existing Regulations in the broadcast advertising of beer, wine, coolers and spirits. Without limiting the scope of the discussion, the Commission would be interested in evidence demonstrating whether there is a distinction between beer, wine and spirits as they relate to issues such as drunk driving, domestic violence and absenteeism from work. | |
| The proposed amendments are set out in the attached Appendices. Comments should be addressed to Alain-F. Desfossés, Secretary General, CRTC, Ottawa, Ontario, K1A ON2 and should be received no later than 26 October 1990. | |
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Alain-F. Desfossés Secretary General |
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