ARCHIVED -  Public Notice CRTC 1997-34

Public Notice

Ottawa, 2 April 1997

Public Notice CRTC 1997-34

Amendments to the Commission's Employment Equity Policy

In 1991, when the new Broadcasting Act came into force, the Commission's mandate was expanded to include responsibility for regulating employment equity in the Canadian broadcasting system. In order to fulfil its new responsibilities, the Commission announced its policy on employment equity on 1 September 1992 (Public Notice CRTC 1992-59 entitled Implementation of an Employment Equity Policy). In its public notice, the Commission set out its approach to the regulation and supervision of all broadcasting undertakings in matters relating to employment equity, including the establishment of a process to review the employment equity practices of its licensees and prospective licensees in the context of applications for licence renewal, for new licences, or for authority to transfer ownership or control.

The Commission's employment equity policy was intended to complement the federal Employment Equity Act, which came into force in 1986 (1986 EEA). The 1986 EEA was initially administered by Employment and Immigration Canada (EIC) and, subsequently, by Human Resources Development Canada (HRDC). The 1986 EEA applied to all federally-regulated employers with 100 or more employees. Hence, broadcasters that
employed 100 or more employees were obligated to meet the requirements of both the 1986 EEA and the Commission's employment equity policy.

On 24 October 1996, a new Employment Equity Act (1996 EEA) came into force, and the Broadcasting Act was amended to terminate the dual supervision of the employment equity practices of these broadcasters. Specifically, Section 5 of the Broadcasting Act was amended by adding the following after subsection (3):

 (4) Where a broadcasting undertaking is subject to the Employment Equity Act, the powers granted to the Commission under this Act [that is, the Broadcasting Act] do not extend to the regulation or supervision of matters concerning employment equity in relation to that broadcasting undertaking.

The term "broadcasting undertaking" includes a distribution undertaking, a programming undertaking and a network. The "licensee" of an undertaking is the legal entity to which the Commission awards a licence. A licensee may hold any number of licences. In the case of broadcasting undertakings, the "employer" for the purposes of the 1996 EEA is usually taken by HRDC to be the "licensee". Thus, any licensee/employer whose broadcasting undertaking or undertakings have a total of 100 or more employees is generally subject to the 1996 EEA. Under certain
circumstances, employers may apply to HRDC for authority to file consolidated reports.

As a result of the amendment set out above, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA. Accordingly, the Commission hereby announces that the requirements and expectations that form part of its employment equity policy no longer apply to the licensee of any broadcasting undertaking that is subject to the 1996 EEA and that therefore files reports concerning employment equity with HRDC. These undertakings are no longer required to respond to the questions relating to employment equity that are included in licensing and renewal application forms, and the Commission will not review their employment equity practices.

All licensees that are not subject to the 1996 EEA remain under the Commission's jurisdiction for matters relating to employment equity. They will continue to be expected to provide information concerning employment equity in application forms, and the Commission will continue to review their employment equity practices in the context of applications for licence renewal, for new licences, or for authority to transfer ownership or control.

Nevertheless, the Commission acknowledges that small and medium-sized undertakings (those carried on by a licensee having a total of under 25, or between 25 and 99 employees, respectively) may not have the same capacity as large undertakings to respond to concerns about employment equity. The Commission's employment equity policy has always incorporated different expectations for undertakings of different sizes, and will continue to do so. The Commission's regulatory approach to the small and medium-sized undertakings that remain within its jurisdiction for matters relating to employment equity will continue to reflect the realities and abilities of such operations.

Finally, the Commission notes that subparagraph 3(1)(d)(iii) of the Broadcasting Act states that the programming offered by the Canadian broadcasting system should "serve the needs and interests, and reflect the circumstances and aspirations, of Canadian men, women and children, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of aboriginal people within that society." Therefore, it remains the Commission's general expectation that the on-air presence of members of the four designated groups (women, aboriginal persons, disabled persons and members of visible minorities) be reflective of Canadian society. The licensees of all programming undertakings with a total of 25 or more employees are expected to respond to supplemental questions regarding the on-air presence of members of the four designated groups, based on those outlined in Public Notice CRTC 1995-98 entitled "Amendment to Reporting Requirements for Employment Equity in On-air Positions".

Allan J. Darling
Secretary General