ARCHIVED - Broadcasting Decision CRTC 2013-681
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Route reference: 2013-318
Ottawa, 11 December 2013
Application 2013-0197-8, received 24 January 2013
CHEF-FM Matagami – Licence renewal
The Commission renews the broadcasting licence for the community radio station CHEF-FM Matagami, Quebec, from 1 January 2014 to 31 August 2020.
1. Radio Matagami filed an application to renew the broadcasting licence for the community radio station CHEF-FM Matagami, Quebec, which expires 31 December 2013. The Commission did not receive any interventions regarding this application.
2. In Broadcasting Notice of Consultation 2013-318, the Commission noted that the licensee was in apparent non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations) relating to the filing of annual returns for the 2010-2011 and 2011-2012 broadcast years. More specifically, the licensee did not submit the annual returns for those broadcast years by the 30 November deadline.
3. Section 9(2) of the Regulations requires licensees to file annual returns by 30 November of each year for the broadcast year ending the previous 31 August. The specific filing requirements, including the requirement to submit financial statements, are set out in Broadcasting Information Bulletin 2011-795.
4. The licensee indicated that in addition to being short-staffed, the station had had serious problems with its accounting services. The licensee had changed auditors twice, in addition to having to replace the accountant. Consequently, the accounting for the past two years had had to be completely redone.
5. The licensee indicated that a new accounting firm had been hired to prepare the missing annual returns. Given the hiring of these new accountants and the new accounting firm, the licensee was confident that the situation would not recur.
6. The Commission notes that the missing annual returns were filed in March 2013.
7. In light of the above, the Commission finds the licensee in non-compliance with section 9(2) of the Regulations relating to the filing of annual returns for the 2010-2011 and 2011-2012 broadcast years.
8. In Broadcasting Information Bulletin 2011-347, the Commission announced a revised approach for dealing with non-compliance by radio stations. Specifically, the Commission indicated that each instance of non-compliance would be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commission also indicated that it would consider the circumstances leading to the instances of non-compliance in question, the arguments provided by the licensee and the measures taken to rectify the situation.
9. The Commission notes that compliance with deadlines for the submission of annual returns is important because it enables the Commission to monitor a licensee’s performance and compliance with regulations. Accordingly, it considers the late or incomplete filing of annual returns a serious matter.
10. The Commission has reviewed the file for this application and notes the licensee’s explanation regarding its non-compliance. Given the circumstances surrounding the non-compliance, the Commission considers it appropriate to renew the station for a full licence term.
11. In light of the foregoing, the Commission renews the broadcasting licence for the community radio programming undertaking CHEF-FM Matagami, Quebec, from 1 January 2014 to 31 August 2020. The terms and conditions of licence are set out in the appendix to this decision.
12. Pursuant to section 22 of the Broadcasting Act, the Commission reminds the licensee that the broadcasting licence will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.
- Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2013-418, 19 August 2012
- Notice of applications received, Broadcasting Notice of Consultation CRTC 2013-318, 2 July 2013
- Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011
- Revised approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2011-347, 26 May 2011
*This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2013-681
Terms, conditions of licence, expectations and encouragements for the community radio programming undertaking CHEF-FM Matagami, Quebec
The licence will expire 31 August 2020.
Conditions of licence
- The licensee is subject to the conditions set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012, as amended from time to time.
As set out in Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010, the Commission expects all community and campus licensees to file yearly updates on the composition of their boards of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections or at any other time. As noted in Appendix 3 to that policy, licensees may submit this information via the Commission’s website.
The Commission considers that community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages licensees to consider these issues in its hiring practices and in all other aspects of their management of human resources.
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