ARCHIVED - Broadcasting Decision CRTC 2002-9

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Broadcasting Decision CRTC 2002-9

Ottawa, 24 January 2002

Canal Évasion inc.
Across Canada

Application 2001-0756-7
Public Notice CRTC 2001-97
30 August 2001

Licence amendment for Canal Évasion - addition of program categories


The Commission approves, subject to certain conditions, the application by Canal Évasion inc. to amend condition of licence 1(b) of its French-language national specialty television service known as Canal Évasion, concerning the categories from which the licensee is authorized to draw its programming.


The current condition of licence reads as follows:

1(b) The programming shall be drawn exclusively from Category 5(b) - Informal education / Recreation and leisure, Category 11 - General entertainment and human interest, Category 12 - Interstitials, Category 13 - Public service announcements, and Category 14 - Infomercials, promotional and corporate videos, as set out in item 6 of Schedule I of the Specialty Services Regulations, 1990 and as defined in Public Notice CRTC 2000-92, as amended from time to time. At least ninety percent (90%) of the programming must be programs drawn from Category 5(b).


The licensee requested that it be authorized to draw its programming from the same categories that "Travel TV" is permitted to use. Travel TV is an English-language digital specialty service in which Bell Globemedia Inc. is the majorority shareholder, just as it is in Canal Évasion. The licensee also indicated its willingness to be subject to the same restrictions imposed on Travel TV that stipulate the percentages of programming (no more than 5%) that may be drawn from each of categories 7d (feature films, theatrical releases) and 8b (music video clips).


In support of its application, the licensee indicated that this amendment would allow it to benefit from program exchanges and other possible synergies between Canal Évasion and Travel TV, and to co-operate with its French-language partner "La Chaîne Voyage".


The Commission notes that it has received numerous interventions in support of this application, the majority of which were filed by independent producers.


On the other hand, MusiquePlus inc., licensee of the French-language specialty services MusiquePlus and MusiMax, intervened to oppose adding categories 8a (Music and dance other than music video programs or clips) and 8b (Music video clips) to the programming of Canal Évasion. The intervener requested that, if the Commission were to authorize the addition of these categories, it limit their use to 5% of the broadcast week and of the evening broadcast period.


Les Chaînes Télé-Astral also opposed this application. The intervener alleged that the proposed amendments would radically transform the nature of Canal Évasion's service. It suggested that the Commission impose a condition of licence limiting to 25% the percentage of the broadcast week and of the evening broadcast period that may be devoted to entertainment programs (categories 7 to 11). It further requested that the Commission limit to 5% of the broadcast week and of the evening broadcast period the percentage that may be devoted to each of the new broadcasting categories and sub-categories added to condition of licence 1(b) of Canal Évasion's service.


The Commission considers it essential that the licensee continue to operate Canal Évasion in accordance with the same fundamental nature of service as had been proposed by the licensee at the hearing held in December 1998 concerning the licensing of new French-language specialty services. At that hearing, the licensee proposed a service devoted entirely to tourism, adventure and travel, and emphasized the informative nature of the programming it would provide.


The Commission believes that the expansion in the range of programming categories requested by the licensee could draw Canal Évasion away from the informative role it initially proposed to play. Accordingly, the Commission has decided to attach a condition of licence to the approval granted herein in order to ensure that the licensee devote at least 50% of its program service to programming of an informative nature.


Moreover, as proposed by the licensee, Canal Évasion shall limit to no more than 5% the percentage of its programming that may be devoted to each of categories 7d and 8b. The Commission also considers it necessary to restrict to no more than 5% the amount of programming that may be devoted to category 7c. This takes into account the impact that an increase in the amount of entertainment programming broadcast by this licensee could have on other French-language specialty services.


Consequently, the licence is subject to conditions 1(b), as amended, as well as to 1(c), 1(d) and 1(e), as follows:

1(b) The programming must be drawn exclusively from the following categories:

1 News
2a Analysis and interpretation
2b Long-form documentary
5b Informal education/recreation and leisure
7c Specials, mini-series, made-for-TV feature films
7d Theatrical feature films aired on TV
8a Music and dance other than music video programs or clips
8b Music video clips
9 Variety
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

1(c) The licensee must devote at least 50% of its program service to programming of an informative nature drawn from categories 1, 2a, 2b and 5b.

1(d) No more than 5% of all programming broadcast during each broadcast week shall be drawn from each of categories 7c, 7d and 8b.

1(e) All theatrical feature films broadcast by Canal Évasion must have themes related to travel, and must be limited in number to one per week.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site:

Date Modified: 2002-01-24

Date modified: