Broadcasting Procedural Letter addressed to Ms. Nancy Chapelle (Bell Fund)

Ottawa, 24 July 2018

Procedural letter

SENT BY E-MAIL: nchapelle@bellfund.ca
Ms. Nancy Chapelle
Executive Director
Bell Fund
2 Carlton St., Suite 1709
Toronto, Ontario, M5B 1J3

Re: Complaint by CBC/Radio-Canada, CMPA, Groupe V Média, TVO, Groupe Média TFO, OUTtv, Télé-Québec and TV5/Unis TV against the Bell Fund/Fonds Bell  (2018-0315-6) – Request for information

Ms. Chapelle:

The present request for additional information relates to the complaint from CBC/Radio-Canada, the Canadian Media Producer’s Association (CMPA), Groupe V Média (Groupe V Média), the Ontario Educational Communications Authority (TVO), the Ontario French-language Educational Communications Authority (Groupe Média TFO), OUTtv, Société de télédiffusion du Québec (Télé-Québec) and TV5 Québec Canada (TV5/Unis TV) (subsequently referred to as the Applicants) against the Bell Fund/Fonds Bell regarding its governance as well as the TV production guidelines.  It is made subsequent to our first request for additional information sent to you on 11 June 2018.

OWNERSHIP

  1. Given that there is currently a vacancy on the board of directors and that independents represent less than two-thirds of board members, as required by the BRP 2016-343 policy, please address the  following:
    1. When did the position in question became vacant;
    2. When is the position expected to be filled, given that as per Bylaw 25, directors shall be elected at each annual meeting of the Corporation by the member representing a majority of the financial contributions received or receivable by the Corporation that year;
    3. Please indicate whether there are instances where independent board members casted fewer than two-thirds of the votes in board meetings since the vacancy; and
    4. Describe the mechanisms in place to ensure that the criterion in Policy framework for Certified Independent Production Funds (the policy) is respected at all times and that Independent Board members shall cast no fewer than two thirds (2/3) of the votes in a meeting.
  2. By-law 24 states: The board shall consist of a minimum of five (5) and a maximum of nine (9) directors. Unless otherwise provided by this by-law, a majority of votes shall decide any resolution arising at any meeting of the board provided that at least two thirds (2/3) of the directors present and voting are not representatives of broadcasting distribution undertakings (BDUs).

    Please confirm whether the Bell Fund would change article 24 of the Bylaws to reflect the Regulatory Policy 2016-343 (the Policy) such that it states:

    The board shall consist of a minimum of five (5) and a maximum of nine (9) directors. Unless otherwise provided in this by-law, a majority of votes shall decide any resolution at any meeting of the board provided that Independent Board members shall cast no fewer than two thirds (2/3) of the votes in a meeting.

  3. CONFIDENTIALITY

  4. In response to the Commission letter dated 22 June 2018, you requested complete confidentiality relating to charts which requested details on projects that were submitted to the Bell Fund since the publication of the Policy (for more details, see the Commission letter dated 11 June 2018).  Subsequently, in your response submitted on July 10th, you requested complete confidentiality of the updated charts since your last submission.

    Pursuant to Sections 32(2) and 34(1) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules), the information listed below should be disclosed for the projects that you listed in your submitted confidential versions, so that this information be placed on the public record of the proceeding initiated by a complaint from the Applicants in application 2018-0315-6.

    It should be noted that much of the material for which you have requested confidentiality is in fact already listed publicly in the Bell Fund reports and should in any event be made public further to the Policy.

    Approved ProjectsFootnote1

    In reference to the titles of the columns in the charts found in Broadcasting Procedural Letters dated 11 June 2018 and subsequently the updated charts submitted on 10 July 2018:

    • List publicly the titles for each of the projects that were approved for each year;
    • Publicly disclose the following information for each of those titles:
      • Applicant
      • Broadcaster
      • Analysts (only the number indicated in the column)
      • Independent (Y or N)
      • Board members
      • Approved or Denied

    Projects that were deniedFootnote2

    In reference to the titles of the columns in Broadcasting Procedural Letter dated 11 June 2018 and subsequently the updated charts submitted in 10 July 2018:

    • Publicly disclose the following information for each of the following columns:
      • Analysts (only the number indicated in the column)
      • Board members
      • Approved or Denied

Your answers to the questions in this document must be filed by no later than 27 July, 2018. Please repeat each of the above questions in your reply before answering them and use the secure service My CRTC Account” (Partner Log In or GCKey) to submit your responses and any supporting documents.

Please note that all information that you provide, except information for which confidentiality has been requested and is granted, becomes part of a publicly accessible file. This information will be posted on the Commission’s website and made available for public examination.

In light of the information sought and in order to permit adequate public participation, the intervention deadline will be amended for intervenors to consult the additional information in accordance with the following timeframe: 

Interventions Intervention deadline
Intervenors 7 August 2018
Response  from the Bell Fund (the respondent) 14 August 2018
Final reply from the Applicants 21 August 2018

Yours sincerely,

Original signed by

Manon Auger
Senior Policy Analyst
TV Policy and Applications
c.c:

Claire Dion
Associate Director
Fonds Bell

Bev Kirshenblatt
Executive Director, Corporate &
Regulatory Affairs
CBC/Radio-Canada

Brad Danks
Chief Executive Officer
OUTtv Networks Inc.

Asha Daniere
Executive Vice-President
Legal and Business Affairs
Blue Ant Media

Lisa de Wilde, C.M.
Chief Executive Officer
TVO

Erin Finlay
Chief Legal Officer
CMPA

Marie Collin
President and CEO
Télé-Québec

Glenn O’Farrell
President and CEO
Groupe Média TFO

Tony Porrello
Executive VP Procurement
Groupe V Média

Marie-Philippe Bouchard
President, Chief Executive Officer
TV5 Québec Canada

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