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Broadcasting Notice of Consultation CRTC 2023-6

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Reference: 2023-6-1, 2023-6-2 and 2023-6-3

Ottawa, 10 January 2023

Public record: 1011-NOC2023-0006

Notice of hearing

5 April 2023
Gatineau, Quebec

Deadline for submission of interventions/comments/answers: 9 February 2023

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

The Commission will hold a hearing starting on 5 April 2023 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 intends to consider the following applications:

Applicant/Licensee and Locality

  1. Parrsboro Radio Society
    Parrsboro, Nova Scotia
    Application 2022-0316-5
  2. CPAM Radio Union.com inc.
    Montréal, Quebec
    Applications 2022-0637-5 and 2022-0667-2
  3. Radio Témiscamingue incorporée
    Ville-Marie, Quebec
    Application 2022-0198-7
  4. Radio-Ville-Marie
    Montréal, Quebec
    Application 2022-0613-5
  5. La radio communautaire du comté
    Rimouski and Mont-Joli, Quebec
    Application 2022-0631-7
  6. Sound of Faith Broadcasting
    Woodstock, Ontario
    Application 2022-0832-1
  7. CHMZ-FM Radio Ltd.
    Tofino, British Columbia
    Application 2022-0700-3
  8. CIMM-FM Radio Ltd.
    Ucluelet, British Columbia
    Application 2022-0701-8

Preamble for items 1 to 3

The Commission announces that it has received applications to renew the broadcasting licences for certain radio stations expiring on 31 August 2023. 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 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 apparent 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 their previous licence term.

The Commission is concerned with the seriousness and the recurring nature of the apparent non-compliances. 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’s questions. The relevant correspondence is available on the public record of each of the licence renewal applications set out in the present notice.

Given the number, the seriousness and the recurrence of 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 number, recurrence and seriousness of instances of apparent 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 continue the operations of their undertakings in accordance with their respective regulatory obligations.

CPAM Radio Union.com inc. has also submitted an application (2022-0667-2) to amend the conditions of licence of CJWI Montréal.

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

Preamble for items 4 to 8

The Commission announces that it has also received applications to renew the broadcasting licences for five radio stations expiring on 31 August 2023 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, five licensees proposed to continue the operation of their stations under the same terms and conditions as those in effect under the current licences.

The five licensees were in non-compliance with one or more regulatory requirements in their 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. The licences of certain stations in the items listed below were administratively renewed until 31 August 2022 in Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2020-381, 27 November 2020, and until 31 August 2023 in Various commercial radio programming undertakings – Administrative renewals, Broadcasting Decisions CRTC 2021-297, 30 August 2021, and Various radio and audio programming undertakings and network – Administrative renewals, Broadcasting Decision CRTC 2021-298, 30 August 2021.

The Commission notes the serious and, in some cases, recurring nature of those instances of apparent non-compliance in the current licence term. The five 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’s questions. The relevant correspondence is available on the public record of each of the licence 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:

The Commission could also consider the following measures:

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.

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

1. Parrsboro Radio Society
Parrsboro, Nova Scotia
Application 2022-0316-5

Application by Parrsboro Radio Society to renew the broadcasting licence for the English-language community FM radio station CICR-FM Parrsboro, expiring 31 August 2023. 

In CICR-FM Parrsboro – Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2020-272 and Broadcasting Orders CRTC 2020-273, 2020-274 and 2020-275, 17 August 2020, (Broadcasting Decision 2020-272 and Broadcasting Orders 2020-273, 2020-274 and 2020-275) the Commission, following an appearing public hearing, 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 subsection 8(1) and paragraph 9(3)(b) of the Radio Regulations, 1986 (the Regulations) relating to the provision of a complete and accurate program log and list of musical selections, as well as with the requirement set out in condition of licence 2 set out in Appendix 1 to Broadcasting Decision 2020-272, pursuant to subsection 9(4) of the Regulations.

In Broadcasting Decision 2020-272, the Commission found the licensee in non-compliance with subsections 8(1), 8(2) and 9(4), and paragraphs 9(3)(a) and 9(3)(b) of the Regulations, as well as with condition of licence 2 set out in Appendix 1 to 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. The Commission also found the licensee in non-compliance with Broadcasting Order 2018-111.

In Broadcasting Decision 2020-272, the Commission also expressed concerns regarding the serious and recurring nature of the licensee’s non-compliance 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 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:

Further, given that the requested documents for the performance assessment were not duly filed by the licensee, and that the Commission relies on this documentation to determine the licensee’s compliance with regulatory obligations, the Commission was unable to assess compliance with the following: 

Should the Commission once again find the licensee in non-compliance in the current licence term, this would be the fourth consecutive licence term in which it will have been found in non-compliance with its regulatory requirements. Further, the Commission called the licensee to the 16 June 2020 public hearing to discuss these severe and, in some cases, recurring instances of apparent non-compliance. After discussing with the licensee at the hearing, the Commission considered that the licensee had sufficient information regarding its obligations and the resources available to bring itself into compliance.

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 will 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 licence renewal application as it becomes available. The Commission encourages interested persons to monitor the public record and the Commission’s website for additional information that they may find useful when preparing their submissions.

Licensee’s address:

P.O. Box 729
396 Main Street
Apartment #2
Parrsboro, Nova-Scotia
B0M 1S0
E-mail: alaincouture52@xplornet.com
E-mail to request electronic version of application: alaincouture52@xplornet.com

2. CPAM Radio Union.com inc.
Montréal, Quebec
Applications 2022-0637-5 and 2022-0667-2

Application (2022-0637-5) by CPAM Radio Union.com inc. to renew the broadcasting license for the French-language ethnic commercial AM radio station CJWI Montréal, expiring 31 August 2023.

The licensee has also filed an application (2022-0667-2) to amend CJWI’s conditions of licence relating to content category 2 (Popular Music) and content subcategory 33 (World beat and international), set out in Appendix 1 of CJWI Montréal - Licence renewal and issuance of mandatory orders, Broadcasting Decision CRTC 2020-308 and Broadcasting Orders CRTC 2020-309, 2020-310 and 2020-311, 27 August 2020 (Broadcasting Decision 2020-308 and Broadcasting Orders 2020-309, 2020-310 and 2020-311), which reads as follows:

  1. As an exception to subsections 2.2(3) to 2.2(10) of the Radio Regulations, 1986, the licensee shall in each broadcast week:
    • devote a maximum of 30% of the musical selections that it broadcasts to selections from content category 2 (Popular Music);
      • the licensee shall devote at least 35% of all category 2 musical selections that it broadcasts to Canadian  selections; and
      • the licensee shall devote a maximum of 15% of all category 2 musical selections that it broadcasts to French-language vocal music selections and a maximum of 15% of all category 2 musical selections to English-language vocal musical selections.
    • devote at least 70% of the musical selections that it broadcasts to musical selections from content subcategory 33 (World beat and international);
      • the licensee shall devote at least 35% of all musical selections from subcategory 33 that it broadcasts to Canadian musical selections.

The licensee requested that the Commission replace licence conditions 4(a)i) and 4(a)ii) with the following requirements set out in subsections 2.2(5) and 2.2(8) of the Radio Regulations, 1986 (the Regulations):

(5) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a campus station, commercial station or community station in the French language shall, in a broadcast week, devote at least 65% of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety; and

(8) Except as otherwise provided under a condition of its licence that refers expressly to this subsection and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station, community station or campus station shall, in a broadcast week, devote at least 35% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

In addition, the licensee requested that condition of licence 4(b)i) set out above be replaced with a condition of licence requiring it to devote at least 20% of the musical selections from subcategory 33 (World beat and international) to Canadian musical selections. Condition of licence 4(b), requiring the licensee to devote 70% of the musical selections that it broadcasts to musical selections from content subcategory 33 (World beat and international), would remain unchanged.

In Broadcasting Decision 2020-308, the Commission, following an appearing public hearing, 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 subsection 9(2) and paragraphs 9(3)(a) and 9(3)(b) of the Regulations relating to the filing of a complete annual report by 30 November of each year and the filing of a complete and accurate self-assessment report and music log, as well as with conditions of licence 4(a), 4(a)ii), 4(b) and 4(b)i) set out in Appendix 1 to Broadcasting Decision 2020-308 relating to the broadcast of French-language vocal music and content subcategory 33 (World beat and international).

In Broadcasting Decision 2020-308, the Commission also found the licensee in non-compliance with subsection 9(2), and paragraphs 9(3)(a) and 9(3)(b) of the Regulations, as well as with conditions of licence 4(a), 4(a)ii), 4(b) and 4(b)i) set out in Appendix 1 to 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. Furthermore, the Commission found the licensee in non-compliance with Broadcasting Orders 2018-169 and 2018-170.

Moreover, in Broadcasting Decision 2020-308, the Commission noted the recurrence of non-compliance and stated that should the licensee again fail to comply with regulatory requirements, including orders, it would consider suspending, not renewing or revoking CJWI’s licence 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 non-compliance in the current licence term, this would be the fifth consecutive licence term in which it will have been found in non-compliance with its regulatory requirements.

Given the number of instances of apparent non-compliance noted above, the previous instances of non-compliance identified in Broadcasting Decision 2020-308 and in Broadcasting Orders 2020-309, 2020-310 and 2020-311, that appear to have recurred during the current licence period, as well as the fact that the licensee may have failed to comply with Broadcasting Orders 2020-310 and 2020-311, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner. Consequently, should the Commission find that the licensee is once again in non-compliance, it will 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 of these licence renewal and amendment applications as it becomes available. The Commission encourages interested persons to monitor the public records and 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
Telephone: 514-601-4782
Fax: 514-287-3299
E-mail: jeanernestpierre1410@gmail.com
E-mail to request electronic version of application: abruneau_2000@yahoo.com

3. Radio Témiscamingue incorporée
Ville-Marie, Quebec
Application 2022-0198-7

Application by Radio Témiscamingue incorporée to renew the broadcasting licence for the French-language commercial FM radio station CKVM-FM Ville-Marie and its transmitter CKVM-1-FM Témiscamingue, expiring 31 August 2023.

In CKVM-FM Ville-Marie and its transmitter CKVM-1-FM Témiscamingue – Licence Renewal, Broadcasting Decision CRTC 2020-50, 6 February 2020 (Broadcasting Decision 2020-50), the Commission, following a non-appearing public hearing, renewed the broadcasting licence for CKVM-FM for a short-term period to allow for an earlier review of the licensee’s compliance with the regulatory requirements.

In Broadcasting Decision 2020-50, the Commission found the licensee in non-compliance with subsections 8(1) and 8(2) of the Radio Regulations, 1986 (the Regulations) relating to the filing of program logs or a record of the matter broadcast, paragraphs 9(3)(a) and 9(3)(b) of the Regulations relating to the filing of monitoring materials, and condition of licence 2 set out in the appendix to Broadcasting Decision 2020-50 relating to the filing of self-assessment reports every three months.

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 in the current licence term, this would be the fifth consecutive licence term in which it will have been found in non-compliance with its 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, the Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner. Consequently, should the Commission find that the licensee is once again in non-compliance, it will consider the possibility of suspending, not renewing or revoking the broadcasting licence for CKVM-FM pursuant to sections 9 and 24 of the Broadcasting Act.

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

Licensee’s address:

62 Ste-Anne Street
Ville-Marie, Quebec
J9V 2B7
Fax: 819-622-0716
E-mail: ckvm@ckvmfm.com
E-mail to request electronic version of application: dg@ckvmfm.com

4. Radio-Ville-Marie
Montréal, Quebec
Application 2022-0613-5

Application by Radio-Ville-Marie to renew the broadcasting licence for the French-language predominantly religious commercial FM radio station CIRA-FM Montréal and its transmitters CIRA-FM-2 Trois-Rivières, CIRA-FM-3 Victoriaville and CIRA-FM-4 Rimouski, expiring 31 August 2023. 

In CIRA-FM Montréal and its transmitters CIRA-FM-2 Trois-Rivières, CIRA-FM-3 Victoriaville and CIRA-FM-4 Rimouski – Licence renewal, Broadcasting Decision CRTC 2017-305, 25 August 2017 (Broadcasting Decision 2017-305) the Commission renewed the broadcasting licence for CIRA-FM for a short-term period to allow for an earlier review of the licensee’s compliance with the regulatory requirements.

In Broadcasting Decision 2017-305, the Commission found the licensee in non-compliance with subsections 8(4), 8(6) and 9(2), and paragraphs 9(3)(b) and 9(4)(b) of the Radio Regulations, 1986 (the Regulations) regarding the submission of annual returns, radio monitoring equipment, Commission requests for information, and failure to respect the provisions for the solicitation of funds, as set out in Religious Broadcast Policy, Public Notice CRTC 1993-78, 3 June 1993.

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 in the current licence term, this would be the second consecutive licence term in which it will have been found in non-compliance with its regulatory requirements.

Given the number of instances of apparent non-compliance noted above and the previous instances of non-compliance identified in Broadcasting Decision 2017-305, 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 licence renewal application as it becomes available. The Commission encourages interested persons to monitor the public record and the Commission’s website for additional information that they may find useful when preparing their submissions.

Licensee’s address:

5000 d’Iberville Street
Suite 303
Montréal, Quebec
H2H 2S6
Telephone: 514-382-3913
E-mail: production@radiovm.com
E-mail to request electronic version of application: production@radiovm.com

5. La radio communautaire du comté
Rimouski and Mont-Joli, Quebec
Application 2022-0631-7

Application by La radio communautaire du comté to renew the broadcasting licence for the French-language community FM radio station CKMN-FM Rimouski/Mont-Joli, expiring 31 August 2023. 

In CKMN-FM Rimouski/Mont-Joli – Licence renewal, Broadcasting Decision CRTC 2020-307, 27 August 2020 (Broadcasting Decision 2020-307), the Commission, following an appearing public hearing, renewed the broadcasting licence for CKMN-FM for a short-term period to allow for an earlier review of the licensee’s compliance with the regulatory requirements.

In Broadcasting Decision 2020-307, the Commission found the licensee in non-compliance with paragraph 9(3)(a) of the Radio Regulations, 1986 (the Regulations) relating to the requirement to provide a complete and accurate self-assessment report, and standard condition of licence 5 set out in the appendix to Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012, which requires the licensee to devote no less than 5% of its musical selections to selections drawn from content category 3 (Special Interest Music).

In Broadcasting Decision 2020-307, the Commission also expressed 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 noted that should the licensee again fail to comply with regulatory requirements, 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 paragraph 9(3)(a) of the Regulations relating to the requirement to provide a complete and accurate self-assessment report for the 3 to 9 October 2021 broadcast week.

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

Additional information may be added to the public record for this licence renewal application as it becomes available. The Commission encourages interested persons to monitor the public record and 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
Telephone: 418-722-2566 Ext: 101
Fax: 418-724-7815
E-mail: gestion@ckmn.fm
E-mail to request electronic version of application: gestion@ckmn.fm

6. Sound of Faith Broadcasting
Woodstock, Ontario
Application 2022-0832-1

Application by Sound of Faith Broadcasting to renew the broadcasting licence for the English-language commercial specialty (Religious music) FM radio station CJFH-FM Woodstock, expiring 31 August 2023.

In CJFH-FM Woodstock – Licence renewal, Broadcasting Decision CRTC 2017-314, 30 August 2017 (Broadcasting Decision 2017-314), the Commission renewed the broadcasting licence for CJFH-FM for a short-term period to allow for an earlier review of the licensee’s compliance with the regulatory requirements.

In Broadcasting Decision 2017-314, the Commission found the licensee in non-compliance with paragraph 9(3)(b) of the Radio Regulations, 1986 (the Regulations) relating to the filling of a complete and accurate music list.

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 in the current licence term, this would be the fourth consecutive licence term in which it will have been found in non-compliance with its regulatory requirements.

Given the instances of apparent non-compliance noted above and the previous instance of non-compliance identified in Broadcasting Decision 2017-314 that appear to have recurred during the current licence term period, 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 licence renewal application as it becomes available. The Commission encourages interested persons to monitor the public record and the Commission’s website for additional information that they may find useful when preparing their submissions.

Licensee’s address:

24 McIntyre Place
Unit C
Kitchener, Ontario
N2R 1H7
E-mail: anthony@faithfm.org
E-mail to request electronic version of application: info@faithfm.org

7. CHMZ-FM Radio Ltd.
Tofino, British Columbia
Application 2022-0700-3

Application by CHMZ-FM Radio Ltd. to renew the broadcasting licence for the English-language commercial FM radio station CHMZ-FM Tofino, expiring 31 August 2023.

In CHMZ-FM Tofino and CIMM-FM Ucluelet – Change in ownership and effective control, and licence renewals, Broadcasting Decision CRTC 2020-76, 28 February 2020 (Broadcasting Decision 2020-76), the Commission approved an application by CHMZ-FM Radio Ltd. for authority to change its ownership and effective control through the transfer of all of their issued and outstanding shares to 1193833 B.C. Ltd., a company wholly owned and controlled by Cameron Randall Dennison.

In Broadcasting Decision 2020-76, the Commission also renewed the broadcasting licence for CHMZ-FM for a short-term period to allow for an earlier review of the licensee’s compliance with the regulatory requirements.

Moreover, in Broadcasting Decision 2020-76, the Commission found the licensee in non-compliance with paragraph 2.2(3)(b) of the Radio Regulations, 1986 (the Regulations) relating to the broadcast of Canadian content category 3 (Special Interest Music) musical selections, subsection 8(5) and paragraphs 9(3)(a) and 9(3)(b) of the Regulations relating to the submission of monitoring materials, and condition of licence 2 set out in Appendix 2 to CIMM-FM Ucluelet and CHMZ-FM Tofino – Licence Renewals, Broadcasting Decision CRTC 2016-297, 29 July 2016 relating to the requirement of the broadcast of on-air announcements regarding the station’s previous non-compliance.

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

The licensee may have also failed to comply with the requirement to pay tangible benefits as set out in Broadcasting Decision 2020-76.

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

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

Licensee’s address:

650A Vincente Place
P.O. Box 991
Tofino, British Columbia
V0R 2Z0
Telephone: 250-266-3134
E-mail: strongheartproductions@gmail.com
E-mail to request electronic version of application: strongheartproductions@gmail.com

8. CIMM-FM Radio Ltd.
Ucluelet, British Columbia
Application 2022-0701-8

Application by CIMM-FM Radio Ltd. to renew the broadcasting licence for the English-language commercial FM radio station CIMM-FM Ucluelet, expiring 31 August 2023.

In CHMZ-FM Tofino and CIMM-FM Ucluelet – Change in ownership and effective control, and licence renewals, Broadcasting Decision CRTC 2020-76, 28 February 2020 (Broadcasting Decision 2020-76), the Commission approved an application by CIMM-FM Radio Ltd. for authority to change its ownership and effective control through the transfer of all of their issued and outstanding shares to 1193833 B.C. Ltd., a company wholly owned and controlled by Cameron Randall Dennison.

In Broadcasting Decision 2020-76, the Commission also renewed the broadcasting licence for CIMM-FM for a short-term period to allow for an earlier review of the licensee’s compliance with the regulatory requirements.

Moreover, in Broadcasting Decision 2020-76, the Commission identified instances of non-compliance with condition of licence 2 set out in Appendix 2 to CIMM-FM Ucluelet and CHMZ-FM Tofino – Licence renewals, Broadcasting Decision CRTC 2016-297, 29 July 2016 (Broadcasting Decision 2016-297), relating to the broadcast of programming in Indigenous languages and the allocation of broadcast time for use by local First Nations groups, subsection 8(5) and paragraphs 9(3)(a) and 9(3)(b) of the Radio Regulations, 1986 (the Regulations) relating to the submission of monitoring materials, and condition of licence 3 set out in Appendix 1 to Broadcasting Decision 2016-297 relating to the requirement of the broadcast of on-air announcements regarding the station’s previous non-compliance.

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

The licensee may have also failed to comply with the requirement to pay tangible benefits as set out in Broadcasting Decision 2020-76.

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 its regulatory requirements.

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

Licensee’s address:

650A Vincente Place
P.O. Box 991
Tofino, British Columbia
V0R 2Z0
Telephone: 250-266-3134
E-mail: strongheartproductions@gmail.com
E-mail to request electronic version of application: strongheartproductions@gmail.com

Procedure

Deadline for interventions, comments or answers

9 February 2023

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:

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 e-mail 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 the 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 the 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, e-mail 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, e-mail 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 e-mail addresses, provided above.

Links to interventions, replies and answers filed for this proceeding, as well as other documents referred to in this notice, are available on the Commission’s “Consultations and hearings: have your say” page.

Documents are available upon request during normal business hours by contacting:

Documentation Centre
Examinationroom@crtc.gc.ca
Tel.: 819-997-4389
Fax: 819-994-0218

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

Secretary General

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