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Broadcasting Notice of Consultation CRTC 2022-106

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References: 2021-185 and 2022-59

Ottawa, 21 April 2022

Public record: 1011-NOC2022-0106

Call for comments – Proposed amendment to the Broadcasting Distribution Regulations

Deadline for submission of interventions: 24 May 2022

[Submit an intervention or view related documents]

The Commission calls for comments on the wording of a proposed amendment to the Broadcasting Distribution Regulations (SOR/97-555). This proposed amendment would amend the reference to a previous exemption order to reflect the Commission’s determination in Broadcasting Regulatory Policy 2021-185, as amended by Broadcasting Regulatory Policy  2022-59 and Broadcasting Order 2022-61, to revise the exemption order respecting still image and low-motion programming service undertakings.

Introduction

  1. In Broadcasting Regulatory Policy 2021-185, the Commission amended the Exemption order respecting still image programming service undertakings, set out in the appendix to Public Notice 2000-10, in order to include low-motion programming services, to allow, in addition to background music, sounds that are related to the broadcast images and to allow spoken words that are promotional in nature. This amendment resulted in the revised Exemption order respecting still image and low-motion programming services, set out in Broadcasting Order 2021-186.
  2. In Broadcasting Regulatory Policy 2022-59, the Commission further amended the exemption order for still image and low-motion programming services to update a cross-reference in the exemption order. This further amendment resulted in the current Exemption order respecting still image and low-motion programming service undertakings, set out in Broadcasting Order 2022-61.
  3. Therefore, the Commission proposes to amend the Broadcasting Distribution Regulations as set out in the appendix to this notice. The amendment gives effect to the Commission’s determination in Broadcasting Regulatory Policy 2021-185, as amended by Broadcasting Regulatory Policy 2022-59 and Broadcasting Order 2022-61, to revise the exemption order respecting still image and low-motion programming services.

Call for comments

  1. The Commission invites comments on the wording of the proposed amendment set out in the appendix to this notice. The Commission will accept interventions that it receives on or before 24 May 2022.

Procedure

  1. 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, answers, 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.” The guidelines set out in Broadcasting and Telecom Information Bulletin 2010-959 provide information to help interested persons and parties understand the Rules of Procedure so that they can more effectively participate in Commission proceedings.
  2. 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.
  3. 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.
  4. Pursuant to Broadcasting and Telecom Information Bulletin 2015-242, 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.
  5. 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

  6. 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.
  7. 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.
  8. 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.

Important notice

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. Electronic versions of the interventions and of other documents referred to in this notice are available on the Commission’s website at www.crtc.gc.ca by visiting the “Have your say!” section, then selecting “our open processes.” Documents can then be accessed by clicking on the links in the “Subject” and “Related Documents” columns associated with this particular notice.
  2. 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, Room 206
    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

Related documents

Appendix to Broadcasting Notice of Consultation CRTC 2022-106

Regulations Amending the Broadcasting Distribution Regulations

Amendment

  1. Paragraph 30(1)(j) of the Broadcasting Distribution RegulationsFootnote 1 is replaced by the following:

    (j) a still image or low-motion programming service as described in Broadcasting Order CRTC 2022-61, dated March 4, 2022 and entitled Exemption order respecting still image and low-motion programming service undertakings, if the service is produced by the licensee or by members of the community served by the licensee and does not contain commercial messages, other than commercial messages that are contained within the programming service of a licensed radio station; and

Coming into Force

  1. These Regulations come into force on the day on which they are registered.
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