Broadcasting Decision CRTC 2021-425

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Reference: Part 1 application posted on 20 October 2021

Ottawa, 17 December 2021

Canadian Broadcasting Corporation
Various locations across Canada

Public record for this application: 2021-0622-8

Various English- and French-language conventional television stations – Licence amendments related to coverage of the Beijing 2022 Olympic Games

1. The Commission approves the application by the Canadian Broadcasting Corporation (CBC) for temporary relief from conditions of licence relating to the provision of weekly local programming and described video requirements for the English- and French-language conventional television programming undertakings listed in the tables below during the broadcast of the Beijing 2022 Olympic Games which will last for a 17-day period from 4 February through 20 February 2022. The relief relating to the provision of weekly local programming will apply to the broadcast weeks commencing 30 January, 6 February and 13 February 2022 and the relief relating to the described video requirements will apply to the broadcast weeks commencing 6 February and 13 February 2022.

English-language conventional television stations

French-language conventional television stations

2. The current local programming conditions of licence for the above-noted undertakings require:
   • the English-language stations that operate in metropolitan and non-metropolitan markets to broadcast at least 14 and 7 hours, respectively, of local programming^{Footnote 1} each broadcast week; and
   • the French-language stations to broadcast at least five hours of local programming each broadcast week.^{Footnote 2}
3. Moreover, the current described video condition of licence requires the English- and French-language stations listed above to provide described video for a minimum of four hours per broadcast week, of which two hours must be broadcast in described video for the first time on the service.^{Footnote 3}

Interventions

4. The Commission received one intervention in support and one intervention in opposition in regard to the present application.
5. The intervener in opposition to the present application stated that as the national public broadcaster, the CBC has the obligation to serve local communities and that as such, it should be offering more local programming. The intervener argued that nothing warrants relieving the CBC of its conditions of licence relating to the provision of weekly local programming and described video requirements in order to broadcast the Beijing 2022 Olympic Games given the link to China. 
6. The CBC did not submit a reply.

Commission’s determination

7. As stated in its previous decisions dealing with requests for exceptions during the Olympic Games, the Commission considers that it is in the public interest for viewers to receive broadcast coverage of the Olympic Games, in which Canadians from all parts of the country compete and participate.
8. Furthermore, the Commission is of the view that the broadcast of the Olympic Games contributes to the objectives of the Broadcasting Act by helping to maintain and enhance our national identity and sovereignty as well as serving to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada.^{Footnote 4}
9. The Commission notes that in order to broadcast the Olympic Games, programming to which it has acquired the rights, the CBC must modify its programming. This modification has a direct impact on its ability to comply with its conditions of licence relating to local programming and described video.
10. Therefore, the Commission is of the view that the flexibility that the CBC has requested with respect to levels of local programming and described video during the Olympic Games is appropriate and consistent with the flexibility granted by the Commission in previous decisions.
11. To implement the relief from the local programming conditions of licence, the Commission adds the following conditions of licence:
    • for the above-mentioned English-language stations:

      For the broadcast weeks commencing 30 January, 6 February and 13 February 2022, the licensee is relieved of the requirements set out in condition of licence 21 of Appendix 3 to Canadian Broadcasting Corporation – Licence renewals, Broadcasting Decision CRTC 2013-263 and Broadcasting Orders CRTC 2013-264 and 2013-265, 28 May 2013.

    • for the above-mentioned French-language stations:

      For the broadcast weeks commencing 30 January, 6 February and 13 February 2022, the licensee is relieved of the requirements set out in condition of licence 14 of Appendix 3 to Canadian Broadcasting Corporation – Licence renewals, Broadcasting Decision CRTC 2013-263 and Broadcasting Orders CRTC 2013-264 and 2013-265, 28 May 2013.

12. Moreover, to implement the relief from the described video condition of licence, the Commission adds the following condition of licence to each of the broadcasting licences for the above-mentioned stations:

    For the broadcast weeks commencing 6 February and 13 February 2022, the licensee is relieved of the requirements set out in condition of licence 7 of Appendix 3 to Canadian Broadcasting Corporation – Licence renewals, Broadcasting Decision CRTC 2013-263 and Broadcasting Orders CRTC 2013-264 and 2013-265, 28 May 2013.

Encouragements and reminders

13. The Commission encourages the licensee to provide described video when possible during the Olympic Games, including, but not limited to, during non-sport activities such as athlete profiles and human interest pieces. The CBC indicated that it would provide described video for the opening and closing ceremonies.
14. The Commission reminds all broadcasting licensees that they are responsible for the programming content that they air and for ensuring that they respect the conditions set out in their respective licences at all times.
15. The Commission expects all broadcasting licensees to explore all avenues prior to applying for temporary relief from a condition of licence and will only grant such relief on an exceptional basis.

Secretary General

This decision is to be appended to each licence.

Date modified:

2021-12-17