ARCHIVED -  Public Notice CRTC 1995-98

Public Notice

Ottawa, 19 June 1995

Public Notice CRTC 1995-98

Amendment to Reporting Requirements for Employment Equity in On-air Positions

I. Background

On 10 June 1994, following written consultations with the broadcasting industry and with representatives of the four groups designated by the Employment Equity Act as disadvantaged in their opportunities for employment, the Commission issued Public Notice CRTC 1994-69 entitled "Consultations Regarding On-air Job Categories to be Included in the Employment Equity Plans of Broadcasters". The notice summarized the results of the consultations and outlined the Commission´s new policy guidelines regarding on-air employment equity.

At that time, the Commission identified four Standard Occupational Classification (SOC) categories as representing relevant on-air positions: 3332 (Musicians and Singers), 3334 (Dancers), 3335 (Actors/Actresses) and 3337 (Radio and Television Announcers). The Commission also set out specific guidelines regarding reporting requirements and expectations for licensees of small, medium and large programming undertakings. Under these guidelines, undertakings with over 25 employees are required to report on the mechanisms they have in place to ensure equitable representation of the four designated groups in on-air positions. Undertakings with 100 or more employees are required to provide further data regarding the number of staff members employed in the on-air SOC categories identified.

The notice outlined the following additional requirement for large broadcasters (100 employees and over):

 With respect to free-lance employees in the four SOC categories noted above, large broadcasters will be required to report on the number of hours of programming produced and broadcast on their undertakings that involve the on-air participation of such employees who are members of the designated groups, and the percentage of the total that this number of hours represents.

II. Response From Broadcasters

Following the release of Public Notice CRTC 1994-69, the Commission received letters from the Canadian Association of Broadcasters (CAB) and the Canadian Broadcasting Corporation (CBC) expressing concerns about the new on-air policy guide- lines. Some individual broadcasters also contacted the Commission to bring attention to certain difficulties arising from the reporting requirements.

The primary concern was the requirement to report data regarding free-lancers. The CAB and the CBC emphasized that, although the Department of Human Resources Development (HRDC) requires reporting on the number of full-time, part-time and temporary employees, broadcasting licensees are not required to report data to HRDC regarding free-lancers. Accordingly, licensees do not compile such data. Both the CAB and the CBC indicated that a requirement to report these data would represent a substantial administrative burden. They suggested that the resources needed to track this information would be better spent on specific initiatives designed to improve on-air representation of the four designated groups, such as education programs for managers who hire on-air staff, or training opportunities for members of the designated groups.

III. Amendment to Reporting Requirements for Large Broadcasters

The Commission has considered the matters raised by broadcasters. It acknowledges the difficulties created by the requirement to report on-air employment equity data for free-lancers, and agrees that this requirement could direct resources away from other initiatives that may be more effective in achieving the Commission´s goals.

Accordingly, the Commission has decided to amend the on-air employment equity guidelines set out in Public Notice CRTC 1994-69. Henceforth, programming undertakings with 100 or more employees will not be required to provide quantitative employment equity data for free-lancers. Nevertheless, given that most television program production, other than news and public affairs, involves free-lancers rather than permanent or contract employees, the Commission remains concerned about the equitable representation of free-lancers in on-air positions. For this reason, the Commission has decided to replace the existing reporting requirements regarding free-lancers with a qualitative approach that will apply to both employees and free-lancers. Specifically, it will require broadcasters with 100 or more employees to provide information about the particular measures and initiatives they have undertaken to ensure equitable on-air representation among all workers. The Commission considers that this approach will require licensees to develop measures to provide equitable on-air representation in broadcasting, while providing them with flexibility to adopt the measures they believe to be most effective in achieving that goal.

Programming undertakings with 100 or more employees will still be required to provide quantitative information respecting their on-air employees, but will no longer have to include free-lancers in their calculations. They will be required to report employment data based on the SOC categories identified in Public Notice CRTC 1994-69 until HRDC begins to use the National Occupational Classification (NOC) categories. At that time, broadcasters will be required to report employment data to the Commission using the NOC categories. Licensees are reminded that they are not required to provide data for each of the four job categories identified individually, but rather for the four categories identified in aggregate.

The appendix outlines the specific questions that medium broadcasters (25 or more employees) and large broadcasters (100 or more employees) will be required to answer when they apply for new licences, licence renewals and transfers of ownership or control. These questions will replace the questions that have been asked in the context of licence renewal applications over the last year.

As stated in Public Notice CRTC 1994-69, although programming undertakings with fewer that 25 employees will not be required to report on the mechanisms they use to ensure on-air employment equity, the Commission considers that such broadcasters have a responsibility to promote employment equity in the work place, and they are encouraged to ensure equitable representation in on-air positions.

Allan J. Darling
Secretary General

Appendix

Supplementary on-air employment equity questions for programming undertaking licensees with 25 or more employees

Preamble

In Public Notice CRTC 1994-69, the Commission announced its policy regarding on-air portrayal and voice-overs using members of the four designated groups. The policy requires programming undertakings with 25 or more employees to provide their plans and policies in this area. Undertakings with 100 or more employees are required to submit information on the use of members of the designated groups on-air or for voice-overs.

Question 1 (All undertakings with 25 or more employees)

Please provide the Commission with an outline of policies and procedures in place, or plans in this regard, for the hiring of on-air staff, including voice-overs where applicable, for the four designated groups. These policies, procedures and plans should include references to programs produced by the licensee, as well as to acquired programming and advertising.

Question 2 (All undertakings with 100 or more employees)

Please provide the Commission with the total number of employees (full-time, part-time and temporary) from each designated group, as well as the total number of employees, who were employed in the last year in which reports were submitted to Human Resources Development Canada in the following on-air SOC categories:

 3332: Musicians and singers

 3334: Dancers

 3335: Actors and actresses (to include staff performing voice-overs)

 3337: Radio and television announcers (to include video jockeys and on-air hosts)

It is not required to provide a breakdown for each SOC category, but rather an aggregate total for all the categories. Please also include the percentage of the total number of on-air employees that each of these numbers represents.

Number of on-air employees/ Percentage of all on-air

All employees 100%

Women

Aboriginal Peoples

Persons with Disabilities

Visible Minorities

Question 3 (All undertakings with 100 or more employees)

Please describe in detail the specific initiatives undertaken over the past licence term that are designed to improve the on-air representation of members of the four designated groups, with respect to both employees and free-lancers.

For example, have you:

 identified specific target areas as subjects for research and as areas in which change will be measured?

 devised a method for assessing progress, such as periodic sample content analyses of station-produced or acquired programming?

 helped to increase awareness of the issue through educational efforts, such as seminars and workshops?

 met with organizations representing the designated groups in order to help develop resources for on-air positions?

 tracked the number of free-lancers contracted on an annual basis and the number of those from designated groups (based on self-identification)?