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Broadcasting Notice of Consultation CRTC 2020-75

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Reference: 2020-75-1, 2020-75-2 and 2020-75-3

Ottawa, 26 February 2020

Public record: 1011-NOC2020-0075

Notice of hearing

12 May 2020
Gatineau, Quebec

Deadline for submission of interventions/comments/answers: 27 March 2020

[Submit an intervention/comment/answer or view related documents]

The Commission will hold a hearing starting on 12 May 2020 at 9:00 a.m., at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec.

Attend the hearing or listen to it online.

The Commission will consider the following applications:

Applicant/Licensee and Locality

  1. Parrsboro Radio Society
    Parrsboro, Nova Scotia
    Application 2019-0796-6
  2. La radio communautaire du comté
    Rimouski and Mont-Joli, Quebec
    Application 2019-0650-5
  3. CPAM Radio Union.com inc.
    Montréal, Quebec
    Application 2019-0732-0
  4. Groupe Médias Pam inc.
    Saint-Constant, Quebec
    Application 2019-0733-8
  5. 9116-1299 Québec inc.
    Maniwaki, Quebec
    Application 2019-1143-8
  6. Peace River Broadcasting Corporation Ltd.
    Peace River, Alberta
    Application 2019-0787-5
  7. Northern Lights Entertainment Inc.
    Iqaluit, Nunavut
    Application 2019-0864-1
  8. Northern Lights Entertainment Inc.
    Iqaluit, Nunavut
    Application 2019-0865-9
  9. I.T. Productions Ltd.
    Vancouver, British Columbia
    Application 2019-0943-3
  10. TELUS Communications Inc.
    Across Canada
    Application 2019-1253-5
  11. Radio Bas-St-Laurent inc.
    Rimouski, Quebec
    Application 2019-0994-6

Preamble for items 1 to 5

The Commission announces that it has received applications to renew the broadcasting licences for certain radio stations expiring on 31 August 2020. Specifically, the present notice of consultation relates to the renewal of the broadcasting licences for licensees of certain radio stations that, during the current licence term, appear to be in serious, and in some cases repeated non-compliance with regulatory requirements set out in the Radio Regulations, 1986 (the Regulations), with certain of their conditions of licence, or with mandatory orders issued by the Commission (these instances of non-compliance are detailed below). The current broadcasting licences for these stations were previously renewed for a short-term period due to non-compliance during the previous licence term.

The Commission is concerned with the seriousness and, in some cases, the recurring nature of the apparent non-compliance. The licensees were notified of their respective instances of apparent non-compliance and the potential impact of that non-compliance on their current licence renewal applications. All of the licensees were given opportunities to provide comments and respond to the Commission. The relevant correspondence is available on the public file for each licence renewal application.

Given the quantity, the seriousness and the recurrence of the instances of apparent non-compliance, the Commission calls the licensees to appear at the public hearing to address these issues and to show cause why the Commission should renew their broadcasting licences. In addition, the Commission expects the licensees to show cause at the hearing why:

The Commission will want to discuss with the licensees all of the measures they have taken to address their respective instances of apparent non-compliance. Specifically, as set out in Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014 (Broadcasting Information Bulletin 2014-608), each instance of non-compliance will be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commission will also consider the circumstances, the arguments provided by the licensees and the actions taken to rectify the situation in order to operate their stations in accordance with their respective regulatory obligations.

Additional information may be added to the public files for of each of these licence renewal applications as it becomes available. The Commission encourages interested persons to monitor the public files and the Commission’s website for additional information that they may find useful when preparing their submissions.

Preamble for items 6 to 9

The Commission announces that it has also received applications to renew the broadcasting licences for four radio stations expiring on 31 August 2020 for which the applications will be considered, subject to interventions, without the appearance of the parties.

In accordance with the information contained in the renewal applications, the four licensees propose to continue the operation of their stations under the same terms and conditions as those in effect under the current licences, which includes the conditions set out in Conditions of licence for commercial AM and FM radio station, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009.

The four stations were in non-compliance with one or more regulatory requirements in the previous licence term. The licences for these stations were therefore renewed for short-term periods at the time of their last licence renewal to allow for an earlier review of their compliance with regulatory requirements. In addition, for CJRJ Vancouver, the Commission imposed an additional requirement to broadcast on the station an announcement regarding its non-compliance.

The Commission notes the serious and, in some cases, recurring nature of those instances of apparent non-compliance in the current licence term. The four licensees were notified of their respective instances of apparent non-compliance and of the potential impact of that non-compliance on their current licence renewal applications. All of the licensees were given the opportunity to provide comments and respond to the Commission. This correspondence is available on the public record of each of the renewal applications set out in the present notice.

The Commission intends to consider the renewal of the broadcasting licences for these stations in accordance with the approach set out in Broadcasting Information Bulletin 2014-608. Subject to the requirements of the Act, the Commission will consider recourse to the following measures set out in paragraph 7 of that information bulletin, as appropriate, given the facts underlying each application:

Specifically, as set out in Broadcasting Information Bulletin 2014-608, each instance of non-compliance will be evaluated in its context and in light of factors such as the quantity, recurrence and seriousness of the non-compliance. The Commission will also consider the circumstances, the arguments provided by the licensees, and the measures taken to rectify the situation so that they may continue operating their undertakings in compliance with regulatory requirements.

Preamble for items 10 and 11

The Commission intends to consider, subject to interventions, items 10 and 11 during the non-appearing phase of the hearing.

1. Parrsboro Radio Society
Parrsboro, Nova Scotia
Application 2019-0796-6

Application by Parrsboro Radio Society to renew the broadcasting licence for the English-language community radio station CICR-FM Parrsboro, expiring 31 August 2020.

In CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2018-110 and Broadcasting Orders CRTC 2018-111 and 2018-112, 3 April 2018 (Broadcasting Decision 2018-110 and Broadcasting Orders 2018-111 and 2018-112), the Commission renewed the broadcasting licence for CICR-FM for a short-term period and imposed mandatory orders requiring the licensee to comply at all times with sections 8(1), 8(4) and 8(6) of the Radio Regulations, 1986 (the Regulations) relating to the provision of a complete and accurate program log and an exact audio recording with clearly intelligible sounds or other exact copy of all matter broadcast, and with section 9(2) of the Regulations relating to the submission of complete annual returns. 

In Broadcasting Decision 2018-110, the Commission expressed its concern regarding the serious and recurring nature of the non-compliance as well as the licensee’s apparent lack of cooperation with Commission staff requests. The Commission further noted that should the licensee again breach regulatory requirements, including the mandatory orders, it would consider the suspension, non-renewal or revocation of CICR-FM’s broadcasting licence under sections 9 and 24 of the Broadcasting Act (the Act).

Commission records indicate that, for the current licence term, the licensee is in apparent non-compliance with the following: 

Should the Commission once again find the licensee in non-compliance, this would be the third consecutive licence term in which it will have been found in non-compliance with regulatory requirements.

Given the number of instances of apparent non-compliance noted above, the seriousness and the recurrence of that non-compliance over the past licence terms, and the licensee’s apparent failure to respect the mandatory orders imposed by the Commission at the time of the station’s last licence renewal, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner. Consequently, should the Commission conclude that the licensee is once again in non-compliance, it may consider the possibility of suspending, not renewing or revoking the broadcasting licence for CICR-FM pursuant to sections 9 and 24 of the Act.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

396 Main Street, Apt #2
Parrsboro, Nova-Scotia
B0M 1S0
Email: alaincouture52@xplornet.com
Email to request electronic version of application: alaincouture52@xplornet.com

2. La radio communautaire du comté
Rimouski and Mont-Joli, Quebec
Application 2019-0650-5

Application by La radio communautaire du comté to renew the broadcasting licence for the French-language community radio station CKMN-FM Rimouski/Mont-Joli, expiring 31 August 2020. 

In CKMN-FM Rimouski/Mont-Joli – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2018-468 and Broadcasting Orders CRTC 2018-469, 2018-470, 2018-471, 2018-472, 2018-473 and 2018-474, 14 December 2018 (Broadcasting Decision 2018-468) the Commission renewed the broadcasting licence for CKMN-FM for a short-term period and imposed mandatory orders requiring the licensee to comply at all times during the licence term with sections 8(1), 8(2), 8(5), 8(6) and 9(3)(b) of the Radio Regulations, 1986 (the Regulations). Further, the Commission re-imposed a mandatory order requiring the licensee to comply at all times with section 9(2) of the Regulations relating to the filing of annual returns.

In Broadcasting Decision 2018-468, the Commission expressed its concern regarding the serious and recurring nature of the licensee’s non-compliance and the fact that the licensee was in non-compliance with regulatory requirements for a fourth consecutive licence term. In addition, the Commission noted that should the licensee again fail to comply with regulatory requirements, including mandatory orders, it would consider the possibility of suspending, not renewing or revoking the broadcasting licence for CKMN-FM pursuant to sections 9 and 24 of the Broadcasting Act (the Act).

Commission records indicate that, for the current licence term, the licensee is in apparent non-compliance with the following:

Should the Commission once again find the licensee in regulatory non-compliance during the current licence term, this would be the fifth consecutive term in which it will have been found in non-compliance with regulatory requirements. Consequently, and in light of the Commission’s warning in Broadcasting Decision 2018-468 regarding the imposition of more stringent penalties at the next licence renewal, the Commission may consider the possibility of suspending, not renewing or revoking the broadcasting licence for CKMN-FM pursuant to sections 9 and 24 of the Act.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

323 montée Industrielle-et-Commerciale
Rimouski, Quebec
G5M 1A7
Email: gestion@ckmn.fm
Email to request electronic version of application: gestion@ckmn.fm

3. CPAM Radio Union.com inc.
Montréal, Quebec
Application 2019-0732-0

Application by CPAM Radio Union.com inc. to renew the broadcasting licence for the French-language ethnic commercial AM radio station CJWI Montréal, expiring 31 August 2020.

In CJWI Montréal – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2018-168 and Broadcasting Orders CRTC 2018-169, 2018-170 and 2018-171, 18 May 2018 (Broadcasting Decision 2018-168 and Broadcasting Mandatory Orders 2018-169, 2018-170 and 2018-171), the Commission renewed the broadcasting licence for CJWI for a short-term period and imposed three mandatory orders requiring the licensee to comply at all times with sections 8(1), 8(4), 8(6) and 9(3)(b) of the Radio Regulations, 1986 (the Regulations) relating to the keeping and filing of a complete program log, a clear and intelligible audio recording or other exact copies of all matter broadcast and complete and accurate music lists, section 9(2) relating to the filing of a complete annual return by 30 November of each year, and section 9(4) relating to the requirement to respond to Commission requests for information.

In Broadcasting Decision 2018-168, the Commission expressed its concern regarding the seriousness and recurrence of the licensee’s non-compliance over several licence terms, its apparent lack of cooperation, and the fact that the licensee is in non-compliance with regulatory requirements for the third consecutive licence term. The Commission also expressed its concern regarding the licensee’s ability and willingness to meet regulatory requirements. The Commission stated that should the licensee once again fail to comply with regulatory requirements, including the mandatory orders, it would consider the possibility of suspending, not renewing or revoking the broadcasting licence for CJWI pursuant to sections 9 and 24 of the Broadcasting Act (the Act).

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following: 

Should the Commission once again find the licensee in non-compliance, this would be the fourth consecutive licence term in which it will have been found in non-compliance with regulatory requirements. Consequently, and in light of the Commission’s warning in Broadcasting Decision 2018-168 regarding the imposition of more stringent penalties in the next renewal, the Commission may consider the possibility of suspending, not renewing or revoking the broadcasting licence for CJWI pursuant to sections 9 and 24 of the Act.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

7104 des Pivoines Street
Saint-Hubert, Quebec
J3Y 9H5
Fax: 514-287-3299
Email:jeanernestpierre1410@gmail.com
Email to request electronic version of application: abruneau_2000@yahoo.com

4. Groupe Médias Pam inc.
Saint-Constant, Quebec
Application 2019-0733-8

Application by Groupe Médias Pam inc. to renew the broadcasting licence for the French-language commercial AM radio station CJMS Saint-Constant, expiring 31 August 2020.

In CJMS Saint-Constant – Licence renewal and amendment and issuance of mandatory orders, Broadcasting Decision CRTC 2018-172 and Broadcasting Orders CRTC 2018-173, 2018-174 and 2018-175, 18 May 2018 (Broadcasting Decision 2018-172 and Broadcasting Orders 2018-173, 2018-174 and 2018-175), the Commission renewed the broadcasting licence for CJMS for a short-term period and re-imposed mandatory orders requiring the licensee to comply at all times with sections 8(1), 8(5) and 8(6) of the Radio Regulations,1986 (the Regulations) relating to the filing of complete and accurate program logs and clear and intelligible audio recordings, and with the requirement set out in section 9(4) of the Regulations relating to responding to Commission requests for information. It also imposed a mandatory order requiring the licensee to comply at all times with the section 9(2) of the Regulations relating to the filing of complete annual returns by no later than 30 November of each year.

In Broadcasting Decision 2018-172 , the Commission expressed its concern regarding the serious and recurring nature of the licensee’s non-compliance and the fact that the licensee was in non-compliance with regulatory requirements for a fifth consecutive licence term.

The Commission also considered the recurring nature of the non-compliance, as well as the non-compliance with the mandatory orders, to be clearly indicative of the licensee’s unwillingness to comply with regulatory requirements, and expressed concern regarding the licensee’s ability to continue to operate the station. The Commission further noted that should the licensee again breach regulatory requirements, including the mandatory orders, it would consider suspending, not renewing or revoking the broadcasting licence for CJMS under sections 9 and 24 of the Broadcasting Act (the Act).

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following: 

Should the Commission once again find the licensee in non-compliance, this would be the sixth consecutive licence term in which it will have been found in non-compliance with regulatory requirements. Consequently, and in light of the Commission’s warning in Broadcasting Decision 2018-172 regarding the imposition of more stringent penalties in the next renewal, the Commission may consider the possibility of suspending, not renewing or revoking the broadcasting licence for CJMS pursuant to sections 9 and 24 of the Act.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

7104 des Pivoines Street
Saint-Hubert, Quebec
J3Y 9H5
Fax: 514-287-3299
E-mail:jeanernestpierre@gmail.com
E-mail to request electronic version of application: abruneau_2000@yahoo.com

5. 9116-1299 Québec inc.
Maniwaki, Quebec
Application 2019-1143-8

Application by 9116-1299 Québec inc. to renew the broadcasting licence for the French-language commercial radio station CFOR-FM Maniwaki, expiring 31 August 2020.

In CFOR-FM Maniwaki – Licence renewal and issuance of a mandatory order, Broadcasting Decision CRTC 2018-231 and Broadcasting Order CRTC 2018-232,10 July 2018 (Broadcasting Decision 2018-231 and Broadcasting Order 2018-232), the Commission renewed the broadcasting licence for CFOR-FM for a short-term period and imposed a mandatory order requiring the licensee to comply at all times with its condition of licence requiring an over-and-above contribution of $880 to Canadian content development (CCD), and to provide proof of payment regarding that contribution (condition of licence 2 set out in Appendix 1 to Broadcasting Decision 2018-231).

In Broadcasting Decision 2018-231, the Commission noted that the licensee had not proposed specific measures to ensure its compliance with regulatory requirements in the future. The Commission also expressed its concern regarding the serious and recurring nature of the instances of non-compliance, particularly those related to the absence of the over-and-above CCD contributions, and the fact that the licensee had failed to meet these requirements for a third consecutive licence term.

In the same decision, the Commission noted that the licensee had made two changes to its effective control without the Commission’s prior approval, and reminded the licensee that, pursuant to section 11(4) of the Radio Regulations, 1986 (the Regulations), a licensee must obtain the Commission’s prior approval for any transaction that would result in a change to the undertaking’s effective control.

The Commission also stated that given the recurring nature of the non-compliance and the licensee’s apparent lack of cooperation, it was concerned with the licensee’s ability and commitment to operate the station in a compliant manner. The Commission further noted that should the licensee again breach regulatory requirements, including the mandatory order, it would consider the possibility of suspending, not renewing or revoking of CFOR-FM’s broadcasting licence under sections 9 and 24 of the Broadcasting Act (the Act).

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following:

Should the Commission once again find the licensee in non-compliance, this would be the fourth consecutive licence term in which it will have been found in non-compliance with regulatory requirements. Consequently, and in light of the Commission’s warning in Broadcasting Decision 2018-231 regarding the imposition of more stringent penalties in the next renewal, the Commission may consider the possibility of suspending, not renewing or revoking the broadcasting licence for CFOR-FM pursuant to sections 9 and 24 of the Act.

Additional information may be added to the public record for this renewal application as such information becomes available, including the licensee’s responses to the Commission’s requests for information should such responses be received (see the Commission staff letter placed on the public record). The Commission encourages interested persons to monitor record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

139 Principale Street South
Maniwaki, Quebec
J9E 1Z8
E-mail: cfor993@gmail.com
E-mail to request electronic version of application: cfor993@gmail.com

6. Peace River Broadcasting Corporation Ltd.
Peace River, Alberta
Application 2019-0787-5

Application by Peace River Broadcasting Corporation Ltd. to renew the broadcasting licence for the English-language commercial radio station CKKX-FM Peace River and its transmitters CFKX-FM High Level, CJHP-FM High Prairie, CKKF-FM Fairview and CKKX-FM-1 Manning, expiring 31 August 2020.

In CFQK-FM Kaministiquia and its transmitter CKED-FM Shuniah Township; CKKX-FM Peace River and its transmitters CFKX-FM High Level, CJHP-FM High Prairie, CKKF-FM Fairview and CKKX-FM-1 Manning; and CKRA-FM Edmonton – Licence renewals, Broadcasting Decision CRTC 2017-315, 30 August 2017 (Broadcasting Decision 2017-315), the Commission renewed the broadcasting licence for CKKX-FM for a short-term period due to the licensee’s non-compliance with sections 8(1) and 9(3)(b) of the Radio Regulations, 1986 (the Regulations).

In Broadcasting Decision 2017-315, the Commission noted that although past issues of non-compliance, which related to regulatory requirements different from those currently at issue, had been resolved, it was the licensee’s third consecutive licence term in which it had been found in non-compliance. The Commission also noted that should the licensee again breach regulatory requirements, it may consider recourse to additional measures, including the imposition of mandatory orders, or the non-renewal or revocation of the broadcasting licence for its station under sections 9 and 24 of the Broadcasting Act (the Act).

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with section 9(3)(a) of the Regulations relating to the submission of an accurate self-assessment report.

Should the Commission once again find the licensee in non-compliance, this would be the fourth consecutive licence term in which it will have been found in non-compliance with regulatory requirements.

Given the above-noted instance of apparent non-compliance and prior instances of non-compliance identified in CKKX-FM Peace River and its transmitters – Licence renewal, Broadcasting Decision CRTC 2014-268, 23 May 2014, CKKX-FM Peace River and its transmitters – Licence renewal, Broadcasting Decision CRTC 2010-778, 21 October 2010, and Broadcasting Decision 2017-315, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

9807-100th Ave Bag 300
Peace River, Alberta
T8S 1T5
Fax: 780-624-5424
Email: chrisblack@rivercountry.fm
Email to request electronic version of application: chrisblack@rivercountry.fm

7. Northern Lights Entertainment Inc.
Iqaluit, Nunavut
Application 2019-0864-1

Application by Northern Lights Entertainment Inc. to renew the broadcasting licence for the predominantly English-language commercial radio station CKGC-FM Iqaluit, expiring 31 August 2020.

In CKGC-FM and CKIQ-FM Iqaluit – Licence renewals, Broadcasting Decision CRTC 2016-276, 20 July 2016 (Broadcasting Decision 2016-276), the Commission renewed the broadcasting licence for CKGC-FM for a short-term period due to the licensee’s non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations) relating to the filing of complete annual returns by no later than 30 November of each year.

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following in regard to CKGC-FM:

Should the Commission once again find the licensee in non-compliance, this would be the second consecutive licence term in which it will have been found in non-compliance with regulatory requirements for CKGC-FM.

Given the above-noted instances of apparent non-compliance and the prior instance of non-compliance noted in Broadcasting Decision 2016-276, which appear to have been repeated during the current licence term, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

Box 417
Iqaluit, Nunavut
X0A 0H0
Email: 1035Capitalfm@gmail.com
Email to request electronic version of application: 1035Capitalfm@gmail.com

8. Northern Lights Entertainment Inc.
Iqaluit, Nunavut
Application 2019-0865-9

Application by Northern Lights Entertainment Inc. to renew the broadcasting licence for the English-language commercial radio station CKIQ-FM Iqaluit, expiring 31 August 2020.

In CKGC-FM and CKIQ-FM Iqaluit – Licence renewals, Broadcasting Decision CRTC 2016-276, 20 July 2016 (Broadcasting Decision 2016-276), the Commission renewed the broadcasting licence for CKIQ-FM for a short-term period due to the licensee’s non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations).

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following in regard to CKIQ-FM:

Should the Commission once again find the licensee in non-compliance, this would be the second consecutive licence term in which it will have been found in non-compliance with regulatory requirements for CKIQ-FM.

Given the above-noted instances of apparent non-compliance and the prior instance of non-compliance noted in Broadcasting Decision 2016-276, which appear to have been repeated during the current licence term, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

Box 417
Iqaluit, Nunavut
X0A 0H0
Email: 1035Capitalfm@gmail.com
Email to request electronic version of application: 1035Capitalfm@gmail.com

9. I.T. Productions Ltd.
Vancouver, British Columbia
Application 2019-0943-3

Application by I.T. Productions Ltd. to renew the broadcasting licence for the commercial ethnic AM radio station CJRJ Vancouver, expiring 31 August 2020.

In CJRJ Vancouver – Licence renewal, Broadcasting Decision CRTC 2017-454, 19 December 2017 (Broadcasting Decision 2017-454), the Commission renewed the broadcasting licence for CJRJ for a short-term period due to the licensee’s non-compliance with section 9(2) of the Radio Regulations, 1986 (the Regulations) and with its condition of licence relating to Canadian content development (CCD) contributions (formerly known as Canadian talent development contributions).

In Broadcasting Decision 2017-454, the Commission noted the serious and recurring nature of the licensee’s non-compliance and the fact that this was the licensee’s second consecutive licence term in which it was in non-compliance with requirements relating to the filing of annual returns and to CCD contributions. The Commission also specified that any future non-compliance could lead to additional measures, including the imposition of a mandatory order or the suspension, non-renewal or revocation of the broadcasting licence for the station under sections 9 and 24 of the Broadcasting Act (the Act).

Commission records indicate that, in the current licence term, the licensee is in apparent non-compliance with the following:

Should the Commission once again find the licensee in non-compliance, this would be the third consecutive licence term in which it will have been found in non-compliance with regulatory requirements.

Given the above-noted instances of apparent non-compliance and prior instances of non-compliance noted in CJRJ Vancouver – Licence renewal, Broadcasting Decision CRTC 2013-164, 28 March 2013 and in Broadcasting Decision 2017-454, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner.

Additional information may be added to the public record for this renewal application as such information becomes available. The Commission encourages interested persons to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Licensee’s address:

110 - 3060 Norland Ave
Burnaby, British Columbia
V5B 3A6
Fax: 604-299-3088
Email: shushma@spiceradio.net
Email to request electronic version of application: info@spiceradio.net

10. TELUS Communications Inc.
Across Canada
Application 2019-1253-5

Application by TELUS Communications Inc. for a broadcasting licence to operate a national, English-language on-demand service.

The applicant stated that it would adhere to the standard conditions of licence for on-demand services set out in the appendix to Standard requirements for on-demand services, Broadcasting Regulatory Policy CRTC 2017-138, 10 May 2017. As a part of these standard conditions of licence, on-demand services are required to contribute 5% of the service’s gross annual revenues to an existing Canadian independent production fund. The applicant indicated that it would devote this contribution to the TELUS Fund.

Applicant’s address:

215 Slater Street
Ottawa, Ontario
K1P 0A6
Fax: 866-311-4083
Email: Lecia.Simpson@telus.com
Email to request electronic version of application: Lecia.Simpson@telus.com

11. Radio Bas-St-Laurent inc.
Rimouski, Quebec
Applications 2019-0994-6 and 2019-0602-5

Application (2019-0994-6) by Radio Bas-St-Laurent inc. (RBS) for authority to acquire from Radio Rimouski inc. (Radio Rimouski) the assets of the French-language commercial radio station CFYX-FM Rimouski and to obtain a new broadcasting licence, to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

Radio Rimouski is a corporation owned by Guy Simard (88.10%), CIBM-FM Mont-Bleu ltée (5.95%), Radio CJFP (1986) ltée (3.57%) and other shareholders (2.38%). Guy Simard effectively controls the corporation.

RBS is a corporation owned by Guy Simard (88.10%), CIBM-FM Mont-Bleu ltée (5.95%), Radio CJFP (1986) ltée (3.57%) and other shareholders (2.38%).

Following the closing of the transaction, RBS would become the licensee of CFYX-FM and Guy Simard would continue to exercise effective control of the undertaking.

Radio Rimouski has also filed an application (2019-0602-5) to renew the broadcasting licence for CFYX-FM and to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

Applicant’s address:

64 Hôtel-de-Ville
Rivière-du-Loup, Quebec
G5R 1L5
Fax: 418-862-8241
Email: martinsimard@ciel103.com
Email to request electronic version of application: martinsimard@ciel103.com

Procedure

Deadline for interventions, comments or answers

27 March 2020

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) apply to the present proceeding. The Rules of Procedure set out, among other things, the rules for content, format, filing and service of interventions, answer, replies and requests for information; the procedure for filing confidential information and requesting its disclosure; and the conduct of public hearings. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and related documents, which can be found on the Commission’s website under “Statutes and Regulations.” Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, provides information to help interested persons and parties understand the Rules of Procedure so that they can more effectively participate in Commission proceedings.

An intervention or an answer from a respondent must be filed with the Commission and served on the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

Interventions and answers must clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

For applications to be considered during the appearing phase of the hearing, the intervention or answer must include one of the following statements in either the first or the last paragraph:

  1. I request to appear at the public hearing.
  2. I do not want to appear at the public hearing.

Parties are permitted to coordinate, organize, and file, in a single submission, interventions by other interested persons who share their position but do not wish to appear at the hearing. Information on how to file this type of submission, known as a joint supporting intervention, as well as a template for the covering letter to be filed by the parties, can be found in Changes to certain practices for filing interventions – Expansion of filing practices to include the filing of joint supporting comments for broadcasting policy proceedings, Broadcasting Information Bulletin CRTC 2010-28-1, 10 December 2010.

The Commission encourages interested persons and parties to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Submissions longer than five pages should include a summary. Each paragraph of all submissions should be numbered, and the line ***End of document*** should follow the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

Pursuant to Filing submissions for Commission proceedings in accessible formats, Broadcasting and Telecom Information Bulletin CRTC 2015-242, 8 June 2015, the Commission expects incorporated entities and associations, and encourages all Canadians, to file submissions for Commission proceedings in accessible formats (for example, text-based file formats that allow text to be enlarged or modified, or read by screen readers). To provide assistance in this regard, the Commission has posted on its website guidelines for preparing documents in accessible formats.

Submissions must be filed by sending them to the Secretary General of the Commission using only one of the following means:

by completing the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

Parties who send documents electronically must ensure that they will be able to prove, upon Commission request, that filing, or where required, service of a particular document was completed. Accordingly, parties must keep proof of the sending and receipt of each document for 180 days after the date on which the document is filed or served. The Commission advises parties who file or serve documents by electronic means to exercise caution when using email for the service of documents, as it may be difficult to establish that service has occurred.

In accordance with the Rules of Procedure, a document must be received by the Commission and all relevant parties by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. Parties are responsible for ensuring the timely delivery of their submissions and will not be notified if their submissions are received after the deadline. Late submissions, including those due to postal delays, will not be considered by the Commission and will not be made part of the public record.

The Commission will not formally acknowledge submissions. It will, however, fully consider all submissions, which will form part of the public record of the proceeding, provided that the procedure for filing set out above has been followed.

In the event that an application to be considered during the non-appearing phase of the hearing is brought to an oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions or answers are not sufficient and why an appearance is necessary. Parties requiring communication support must state their request on the first page of their intervention. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

Although the public hearing will be held in Gatineau, Quebec, the Commission will consider providing videoconference links to enable remote participation (audio or video), should it receive requests to do so.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, fax, email or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, email addresses, postal/street addresses, telephone and fax numbers, etc.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

Availability of documents

Electronic versions of the applications are available on the Commission’s website at www.crtc.gc.ca by selecting the application number within this notice. They are also available from the applicants, either on their websites or upon request by contacting the applicants at their email addresses, provided above.

Electronic versions of the interventions and answers, as well as of other documents referred to in this notice, are available on the Commission’s website at www.crtc.gc.ca by visiting the “Consultations and hearings – Have your say!” section, then selecting “our applications and processes that are open for comment”. Documents can then be accessed by clicking on the links in the “Subject” and “Related Documents” columns associated with this particular notice.

Documents are also available at the following address, upon request, during normal business hours.

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Toll-free telephone: 1-877-249-2782
Toll-free TTY: 1-877-909-2782

Secretary General

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