Broadcasting Information Bulletin CRTC 2019-304

PDF version

Reference: 2018-488 and 2018-488-1

Ottawa, 29 August 2019

Public record: 1011-NOC2018-0488

Production Report to be completed annually by large English- and French-language ownership groups

The Commission will replace the existing Programs of National Interest Report with a Production Report for the large English and French-language ownership groups. A template for the report is set out in the appendices to this document.

This Report will provide information on broadcasters’ spending on original, first-run programming and other content, including that produced by official language minority communities and Indigenous producers.

It will also include information that will allow interested parties to measure the efforts of broadcasters with respect to commissioning programming made by women occupying the roles of producer, director, writer, cinematographer and editor. Broadcasters will also identify programs that have women occupying the roles of first and second lead performers.

The large English- and French-language ownership groups will be required to file their first Production Report for the 2018-2019 broadcast year by no later than 29 February 2020 and their subsequent Production Reports by no later than 30 November of each year.

Introduction

1. In Broadcasting Notice of Consultation 2018-488 (the Notice), the Commission called for comments on a Production Report to be completed annually by large English- and French-language ownership groups (large ownership groups).^{Footnote 1} A proposed Production Report template was appended to the Notice. The Production Report would replace the Programs of National Interest Report (PNI Report) and include all Canadian Programming Expenditure (CPE) categories except news and sports.
2. The Commission received several comments in response to the Notice that addressed a number of matters, including the following key issues:
   • data collection pertaining to the participation of women in production;
   • women in key production leadership roles;
   • reporting on the use of “showrunner” and a related definition;
   • the definition of official language minority community producer;
   • scope of reporting;
   • type of production information to be collected;
   • expansion of the Production Report to include news and sports, and to cover all broadcasting entities with CPE obligations;
   • the first year of reporting;
   • submission of Regional Production Reports; and
   • guidance and instructions.
3. The Commission has reviewed the comments and has made changes to the Production Report template to address some of the concerns raised by parties. In the following sections of this Information Bulletin, the Commission sets out its determinations on the key issues.

Data collection pertaining to the participation of women in production

4. In Broadcasting Decisions 2017-143 and 2017-148, the introductory decisions for the most recent licence renewals for the large ownership groups, the Commission indicated that it intended to require them to provide information on a yearly basis regarding the employment of women in key leadership positions in the productions that they broadcast and commission. A section to this effect was included in the proposed template for the Production Report. The Commission also indicated that it would measure broadcasters’ efforts to commission programming made by women occupying the roles of producer, director, writer, cinematographer and editor.

Positions of parties

5. The interveners generally supported the proposal to report on women occupying key creative production roles. However, Quebecor Media Inc., on behalf of TVA Group Inc. (Quebecor), requested that a ratio of women to men for each project be applied instead of the number of women in each creative position. According to Quebecor, ratios would allow the Commission to better measure the efforts being made by broadcasters.

Commission’s analysis and decision

6. The Commission considers that Quebecor’s proposal to replace the number of women in each creative position with ratios is unnecessary given that ratios can be derived by applying simple calculations based on the information being presented in the Production Report. It is also of the view that the presentation of the number of women in each creative position, as opposed to ratios, will make it easier for members of the public to verify the information presented.
7. Accordingly, the Commission will retain how the information is displayed in the table pertaining to key creative production roles of producer, director, writer, cinematographer and editor occupied by women as proposed.

Women in key production leadership roles

8. In Broadcasting Decisions 2017-143 and 2017-148, the Commission stated that it would collect information from broadcasters to measure their efforts in commissioning programming made by women occupying the roles of producer, director, writer, cinematographer and editor. This new requirement was imposed based on concerns raised by interveners. The issue of limiting the administrative burden on broadcasters was also raised in those decisions.

Positions of parties

9. Parties commenting on this issue included The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) and the Directors Guild of Canada (DGC). ACTRA submitted that the Commission should include first and second lead performers in the list of key creative roles for which broadcasters must provide gender information.
10. The DGC submitted that all creative positions listed in the Canadian Audio-Visual Certification Office (CAVCO) creative points scales should be represented in the Production Report, including but not limited to the first and second lead performer.

Commission’s analysis and decision

11. In order to allow the Commission and the public to better identify the challenges women face in the television industry, Broadcasting Decisions 2017-143 and 2017-148 referenced five key creative roles, namely, those of women occupying the roles of producer, director, writer, cinematographer and editor. The decision to impose these new requirements was based on evidence heard at the hearing and placed on the public file.
12. After considering the representations made during the current proceeding, the Commission finds that first and second lead performers are key creative roles and will amend the Production Report template to include them.

Reporting on the use of “showrunner” and a related definition

13. In the Notice, the Commission proposed a definition for “showrunner” based on the definition found in the Writers Guild of Canada’s (WGC) Showrunner Code.^{Footnote 2} It also proposed collecting data on the use of showrunners as part of the key creative roles set out in the Production Report.

Positions of parties

14. The WGC agreed with the inclusion of showrunners, but argued that the definition must explicitly state that the showrunner is a writing role that must be held by someone who is, among other things, a writer. It then put forth an amended, more detailed definition.
15. All intervening broadcasters and the Canadian Media Producers Association (CMPA) opposed the idea of defining and collecting information on the role of showrunner, stating that the role does not align with current industry practice in Canada. Quebecor stated that the inclusion of showrunner is not pertinent as it does not make use of this role.
16. The CMPA also raised a potential issue of duplication between showrunner and producer and/or writer, as showrunners may also receive producer credits and often perform the role of head writer. It submitted that this kind of duplication could undermine the efforts of the Commission to measure the number of women occupying key creative roles in the Canadian production industry. The CMPA further submitted that the proposed definition of showrunner would not always be applicable and would lead to inconsistent and inaccurate reporting.
17. Several other parties, such as Women in Film and Television Vancouver and the Documentary Organization of Canada, supported reporting on the use of showrunners.

Commission’s analysis and decision

18. The Commission considers there is still value in collecting information regarding showrunners in order to provide data on the presence of showrunners in the Canadian marketplace and track the evolution of that role in Canada.
19. Accordingly, the Commission will not define the role of showrunner, but will retain it as a collected data point in the Production Report for all persons holding the title of showrunner in a production. In addition, the Production Report will provide an opportunity for broadcasters to identify any duplication of roles when they occur (e.g. showrunner and writer).

The definition of Official Language Minority Community (OLMC) producer

20. The Commission currently defines an Official Language Minority Community (OLMC) producer as follows:

    “Official language minority community producer” means a company that meets the definition of “independent production company” and that:

    • if operating in the province of Quebec, produces original English-language programming, or
    • if operating outside of the province of Quebec, produces original French-language programming.^{Footnote 3}

Positions of parties

21. Several parties, including On Screen Manitoba, Alliance des producteurs francophones du Canada (APFC), and the Quebec English-language Production Council/English-Language Arts Network, requested that the Commission clarify the definition of an OLMC producer. They argued that the current definition can lead to misleading interpretations, ultimately rendering the data and any eventual impact assessment inadequate.
22. The APFC proposed that the term “operating” in the current definition be replaced by “headquartered” and “owned and operated.” Many other parties offered similar amendments that include the option of “headquartered.” In support of its argument, the APFC referenced the Canada Media Fund’s “Guidelines 2018-2019” in which similar language was used regarding the eligibility criteria for linguistic minority communities.
23. The Quebec Community Groups Network submitted that the definition should be amended so that at least 51% of the ownership and control of an OLMC English-language producer must be held by Quebec residents, including a majority of its board, and that it produces original English-language programming.

Commission’s analysis and decision

24. The Commission considers that it is appropriate to clarify the definition of an OLMC producer to explain what was meant by “operating.” Accordingly, the Commission clarifies the definition of an OLMC producer as follows:

    To be considered an Official language minority community producer in Canada, a production company must:

    1. if it produces original programs in English, have its head office in Quebec and be owned and operated by a resident of Quebec;
    2. if it produces original programs in French, have its head office outside Quebec and be owned and operated by a resident outside Quebec.

Scope of reporting

25. In Broadcasting Decisions 2017-143 and 2017-148, the Commission indicated that it would revise the PNI Report and annual returns forms to require licensees to identify their spending on original, first-run programming and other content, including that produced by OLMC and Indigenous producers. The proposed Production Report included a separate (Yes/No) tag for “original, first run program” under the program information section.

Positions of parties

26. In a joint intervention, Bell Media Inc., Corus Entertainment Inc. and Rogers Media Inc. (Bell/Corus/Rogers) submitted that the Production Report should be limited to original, first-run programming. Otherwise, they would also need to report on all forms of acquired or library content, which would significantly expand the volume of programming involved and the scale of reporting required.

Commission analysis and decision

27. The Commission’s intent was that all types of programming be entered in the Production Report, and it is not convinced that this approach would unduly expand the volume of programming involved and the scale and burden of reporting.
28. While a Production Report referencing all programming would undoubtedly be larger and require more input from broadcasters, the Commission is of the view that the additional information would allow both the Commission and third parties to have a more complete view of where CPE are being allocated, how expenditures are being amortized and whether the Commission’s policies and conditions of licence are achieving their objectives efficiently. In addition, broadcasters report all programming on a title-by-title basis on their TV logs. Thus, the reporting of all program types in the Production Report—not simply the original, first-run productions—would allow for more consistency between sources of information and ensure greater accountabiltiy on the part of the broadcasters.
29. Accordingly, the Production Report will apply to all programming.

Type of production information to be collected

30. The proposed Production Report template presented a separate column for broadcasters to identify the production type (independent, affiliated or in-house) in the producer section, on a title-by-title basis.

Positions of parties

31. Bell/Corus/Rogers submitted that the collection and reporting of information in the manner proposed in the Production Report template would not be possible for in-house and affiliated productions since most in-house programs are not one-off productions, but instead include resources that can be involved in a number of different projects. Resources for these types of productions are therefore not allocated and are not available on a title-by-title basis. Bell/Corus/Rogers submitted that it is also likely that some of these resources may be shared with news and/or sports, which the Commission is specifically excluding from the reporting requirements. Accordingly, Bell/Corus/Rogers recommended that information requested in the Production Report be limited to independently produced Canadian programming.
32. Bell/Corus/Rogers further stated that if the Commission decides that in-house and affiliated productions must be included, the information should be submitted on a group-wide basis.
33. Quebecor argued that the proposed Production Report would require it to gather information from other sources and databases such as from producers themselves, which would impact the reliability of the data they could provide.
34. Other parties agreed with the proposed Production Report format under which data would be collected for all types of productions. The Conseil provincial du secteur des communications du Syndicat canadien de la fonction publiquerequested additional data points, such as information on rights holders.

Commission’s analysis and decision

35. The Commission is not convinced by broadcasters’ arguments that program-level data is unachievable for affiliated productions. Generally, when a broadcaster purchases the rights to a program, affiliation agreements containing detailed information are established. These agreements include references to the licence fees and other contributions made by broadcasters to the creation of programming. Producers seeking Canadian certification for a program are required to supply similar program-level data to the Commission during the certification process. Additionally, broadcasters are required to submit detailed TV logs to the Commission on a regular basis.
36. The Commission is of the view that requesting program-level information for affiliated productions in addition to independent productions would allow both the Commission and third parties to have a more complete view of the programming being offered in the broadcasting system.
37. The Commission agrees, however, that allocating costs for programs produced in-house poses difficulties. It will therefore allow broadcasters to submit aggregated expense information for in-house productions only, but will continue to require the reporting of other non-expense related items on a per-program basis for these productions. This will provide some relief for the broadcasters when reporting on in-house productions while allowing the public disclosure of multiple data points, thereby permitting a comprehensive analysis of the participation of women in such productions.
38. In light of the above, the Commission will require broadcasters to supply program-level data for entries pertaining to programs produced by independent producers and affiliated production companies and allow aggregated reporting related to expenses for in-house productions.

Expansion of the Production Report to include news and sports, and to cover all broadcasting entities with CPE obligations

39. In the Notice, the Commission stated that the Production Report would include all CPE categories except news and sports. The Commission also stated that the proposed Production Report would be submitted only by the large ownership groups.

Positions of parties

40. The Association québécoise de la production médiatique (AQPM) argued that the Production Report should include all program categories. It also stated that the report should be submitted by all licensed undertakings that have a CPE requirement as a condition of licence even if they are not part of a large ownership group. According to the AQPM, an all-inclusive Production Report would allow for more complete compliance checks relating to CPE and PNI.

Commission’s analysis and decision

41. The Commission collects financial data using many reports and forms. Information on all CPE categories can be found in other annual aggregate reports submitted by the large ownership groups each year. National CPE data by television service type (conventional, discretionary) can also be found in the financial summaries posted to the Commission’s open data portal.
42. The Commission is aware of the importance of publicly available data on content produced by Canadians. However, it is also mindful of the potential burden involved with expanding data collection. Further, the Commission notes that the request to expand the Production Report to all broadcasting entities having a condition of licence relating to CPE is beyond the scope of this proceeding.
43. Accordingly, the Commission will not expand the Production Report to all cover all program categories, nor will it, at this time, require broadcasting entities other than the large ownership groups to file one.

First year of reporting

44. In Broadcasting Decisions 2017-143 and 2017-148, the Commission stated that the large ownership groups would be required to file the first Production Report with the Commission by 30 November 2018 for the 2017-2018 broadcast year.

Positions of parties

45. Bell/Corus/Rogers submitted that if their proposal to limit reporting to original, first-run independently produced programs that have completed production is not adopted, licensees should not be required to file the first Production Report until the 2019-2020 broadcast year. This approach would provide them with adequate time to implement new tracking systems and data collection methods.

Commission’s analysis and decision

46. There have been recent precedents where the Commission found merit in requests by broadcasters to extend a deadline for the submission of information. In Broadcasting Regulatory Policy 2017-279, in which the Commission made the Discretionary Services Regulations, the Commission acknowledged that changes to key figures were substantial, and that significant time and resources would be required to make the necessary changes. Accordingly, the Commission found it appropriate to delay the coming into force of the revised key figures until 1 September 2018.
47. However, broadcasters have been aware of the Commission’s intent to expand the PNI Report to collect additional production information since the publication of the group-based licence renewal decisions in May 2017. Therefore, broadcasters should have been in a position to file the new data points with the Commission as of the 2017-2018 broadcast year.
48. Given the above, the Commission will grant the large ownership groups an exceptional one-time three-month extension to 29 February 2020 to submit their first Production Report for the 2018-2019 broadcast year. All subsequent reports must be submitted by 30 November of each year.

Submission of Regional Production Reports

49. In Broadcasting Decision 2011-441, the first introductory decision regarding group-based licence renewals, the Commission required each large ownership group to file detailed Regional Production Reports that include information on proposed outreach efforts related to regional production for the coming broadcast year by no later than 31 December 2011, and to file annual reports on the implementation of these plans by no later than 30 November of each subsequent year.

Positions of parties

50. Bell/Corus/Rogers stated that it is unclear in the Notice whether the Commission will continue to require Regional Production Reports as part of the large ownership groups’ annual return filings. They requested clarification on this matter and recommended that reporting be limited to one report, in line with the Commission’s objective of eliminating variances in reporting.

Commission’s analysis and decision

51. The large ownership groups have been filing Regional Production Reports with the Commission since 2012 in light of the Commission’s stated concern about the apparent decline in regional production and the need to monitor this change. These reports, which set out specific details on the number and the nature of outreach efforts with regional producers, are available on the Commission’s website.
52. The Notice did not contain any wording contemplating removal of any reporting requirements but indicated that the proposed Production Report was intended to replace the PNI Report, not the Regional Production Reports. Given that Bell/Corus/Rogers raised this issue, the public, the production community and French-language broadcasters other than Bell and Corus did not have an opportunity to comment on their proposal.
53. While there may be some overlap between the new Production Report and the Regional Production Report, the Commission is of the view that the new Production Report could not be used to fully replicate the Regional Production Report. This is because Regional Production Reports rely heavily on qualitative data and evidence describing outreach efforts made by broadcasters while the Production Report will focus more on quantitative data.
54. Accordingly, the Commission will continue to require broadcasters to file Regional Production Reports.

Guidance and instructions

Positions of parties

55. Several parties expressed concern over the apparent lack of clear guidance and instructions for completing the proposed Production Report and previous PNI Reports. Some cited differences in the past PNI reports submitted by the large ownership groups as evidence of the lack of common standards and clear instructions.
56. Bell/Corus/Rogers expressed concern that the current proposal would impose an unreasonable administrative burden. They submitted that there remains a high risk that, without further guidance, the data collected will be inconsistent. This would undermine the value of the information and the Commission’s objectives of accurately monitoring progress in advancing inclusion of underrepresented groups in the Canadian production sector.

Commission’s analysis and decision

57. The Commission acknowledges the importance of clear guidance and instructions and will provide an instruction page in the Production Report template sent to broadcasters, which includes definitions and expectations, where deemed necessary and appropriate. These instructions are included in the appendices to this Information Bulletin. Further, Commission staff will work closely with the reporting entities to ensure that the reports are being completed properly.

Other proposals

58. In light of other proposals submitted during this proceeding, the Commission has made the following changes to the Production Report:
    • to better align with CPE reporting, the Commission will add a “telecast vs. non-telecast” column;
    • to assess the practice of counting dubbing expenses as CPE, the Commission will require reporting entities to identify the language in which a production was originally produced; and
    • to ensure consistency, the Commission will ensure that all terms used in the Production Report correspond to terms found in other related Commission documents.

Conclusion

59. The Commission replaces the existing the Programs of National Interest Report with a Production Report for the large English- and French-language ownership groups that incorporates the changes discussed above. A template for the report is appended to this document as an example. The template is also available in Excel, and the Excel version should be used when filing reports.
60. Large English- and French-language ownership groups will be required to file their first Production Report for the 2018-2019 broadcast year by no later than 29 February 2020 and their subsequent Production Reports by no later than 30 November of each year.

Secretary General

Related documents

• Call for comments on a Production Report to be completed annually by large English-and French-language ownership groups, Broadcasting Notice of Consultation CRTC 2018-488, 20 December 2018
• Discretionary Services Regulations, Broadcasting Regulatory Policy CRTC 2017-279, 4 August 2017
• Renewal of licences for the television services of large English-language ownership groups – Introductory decision, Broadcasting Decision CRTC 2017-148, 15 May 2017
• Renewal of licences for the television services of large French-language ownership groups – Introductory decision, Broadcasting Decision CRTC 2017-143, 15 May 2017
• Group-based licence renewals for English-language television groups – Introductory decision, Broadcasting Decision CRTC 2011-441, 27 July 2011

Instructions

Please note that these instructions refer to the Excel version of the report, which will be provided to licensees.

1. This report must be filed with the Commission by 30 November of each year. Upon receipt, the Commission will post the abridged version of the report on its website.
2. All financial information should be reported in thousands of dollars ($000).
3. This report should be filed in both abridged and confidential versions in both Excel and PDF formats.
4. Ensure that information provided in this document is consistent with other CRTC filings when and where applicable (e.g. aggregate returns, annual return forms).
5. This report replaces the Programs of National Interest (PNI) Report for the large English- and French-language ownership groups.
6. This report must include all Canadian Programming Expenditures (CPE) categories except news and sports.
7. The “Aggregate Data,” “OLMC Producers” and “Indigenous Producers” tabs must reflect the results for the entire group.
8. The total CPE figure for all services should match the aggregate amount found in the “Aggregate Data (Group)” tab. Some cells are colour coded to ensure consistency between forms. Please ensure that cells of the same colour are identical. The total amounts set out in the colour-coded cells on the per service “Details per program” tables must equal the matching cells on the “Aggregate Data” tab.
9. CPE should be reported on the basis of accrual accounting.
10. Any eligible credits for CPE (such as OLMC and Indigenous productions) should not be applied in this report. The report should only include actual expenditures.

Program details by service (Appendix 6)

11. Each discretionary service included in the group licence renewal decision must report on a separate tab. Therefore, unique “Details per program” tabs must be created for each licensed reporting service. Over-the-air stations may report on an aggregate basis.
12. Use the dropdown menus in the “Details per program” tab where applicable.
13. Independent and affiliated productions must be reported on a project-level basis. The columns related to budget information may be reported on an aggregate level for in-house productions only.
14. For certified productions, First and Second Lead Performers reported in the “Program Details” tab must align with the Canadian Audio-Visual Certification Office (CAVCO) and CRTC Program Certification definitions.
15. With respect to reporting on “showrunner,” ensure that any person holding the title of showrunner in a production is identified as such and reported in the “Production Information” section of the “Program Details” tab. This data point should only be reported if applicable. Any form of duplication within the roles should be identified when they occur.

Definitions

The following definitions should be used when completing this report.

Official language minority community (OLMC) producer: a company that meets the definition of “independent production company” and that, if operating in the Province of Quebec, produces original English-language programming, or if operating outside of the Province of Quebec, produces original French-language programming. (Broadcasting Decision CRTC 2017-148)

Clarification for OLMC producer:

To be considered an OLMC producer in Canada, a production company must:

1. if it produces original programs in English, have its head office in Quebec and be owned and operated by a resident of Quebec;
2. if it produces original programs in French, have its head office outside Quebec and be owned and operated by a resident outside of Quebec.

Indigenous producer: an individual who self-identifies as Indigenous, which includes First Nations, Métis or Inuit, and is a Canadian citizen or resides in Canada, or an independent production company in which at least 51% of the controlling interest is held by one or more individuals who self-identify as Indigenous and are Canadian citizens or reside in Canada. (Broadcasting Decision CRTC 2017-148, footnote 5)

Independent production company: a Canadian company carrying on business in Canada, with a Canadian business address, owned and controlled by Canadians, whose business is the production of film, videotape or live programs for distribution and in which the licensee or any company related to the licensee owns or controls, directly or indirectly, in aggregate, less than 30% of the equity. (Referenced in the 2011 group-based licensing decisions)

Affiliated production company: a Canadian company carrying on business in Canada, with a Canadian business address, owned and controlled by Canadians, whose business is the production of film, videotape or live programs for distribution and, in which, the licensee, or any company related to the licensee owns, in aggregate, a 30% or greater (voting) equity interest. (Referenced in Guide to the CRTC Canadian Program Certification Application Process)

Original, first-run program: original exhibition of a program that has not been broadcast or distributed by another licensed broadcasting undertaking (Discretionary Services Regulations, Television Broadcasting Regulations)

Production Report (Sample form only, do not complete)

Overview

Broadcast Group:__________________
Broadcast Year: 20xx-20xx___________

Canadian Programming Expenditures by region, by language

All reported Canadian Programming Expenditure programs in 20XX-20XX broadcast year

Budget information for individual projects are granted confidentiality, and confidentiality for aggregate regional data will only be granted where less than three projects are involved.

Please use the space provided below to supply any comments, explanations, methodological notes, qualifiers or other important information about the data you have supplied on this form.

Programming produced by OLMC producers (sample form only, do not complete)

In paragraph 93 of Broadcasting Decision 2017-148, the Commission stated that it will be requiring the groups to provide the following information on a yearly basis: the number of official language minority community (OLMC) producers they meet with each year, a list of projects commissioned from OLMC producers that are in development, in production and completed, their budgets and the total Canadian Programming Expenditures devoted to such projects. As such, please provide the information requested below.

Overview

Budget information for individual projects are granted confidentiality, and confidentiality for aggregate regional data will only be granted where less than three projects are involved.

List of projects

Note: List of projects should only reflect the project status for the reported broadcast year.

Other details

Number of OLMC producers the group has met with during the broadcast year: _________________

Please use the space provided below to supply any comments, explanations, methodological notes, qualifiers or other important information about the data you have supplied on this form.

Programming produced by Indigenous producers (sample form only, do not complete)

In paragraph 87 of Broadcasting Decision 2017-148, the Commission stated that it will be requiring the groups to provide the following information on a yearly basis: the number of Indigenous producers they meet with each year, a list of projects commissioned from Indigenous producers that are in development, in production and completed, their budgets and the total Canadian Programming Expenditures devoted to such projects. As such, please provide the information requested below.

Overview

Budget information for individual projects are granted confidentiality, and confidentiality for aggregate regional data will only be granted where less than three projects are involved.

List of projects

Note: List of projects should only reflect the project status for the reported broadcast year.

Other details

Number of Indigenous producers the group has met with during the broadcast year: _________________
Please use the space provided below to supply any comments, explanations, methodological notes, qualifiers or other important information about the data you have supplied on this form.

Service Name (sample form only, do not complete)

Program information

Producer information

Budget information

Production information

Women occupying the role of:

Please use the space provided below to supply any comments, explanations, methodological notes, qualifiers or other important information about the data you have supplied on this form.

Date modified:

2019-08-29