Broadcasting - Secretary General Letter addressed to Joan Jenkinson (Black Screen Office)
Ottawa, 8 November 2023
By email: joan@bso-ben.ca
CC: ea@bso-ben.ca
Joan Jenkinson
Executive Director
Black Screen Office
25 John St., Suite 6C300
Toronto ON M5V 3G8
Subject: Application by the Black Screen Office for certification of “The Black Screen Fund” as an Independent Production Fund
Dear Joan Jenkinson,
The Commission approves the application filed by the Black Screen Office’s fund “The Black Screen Fund” (“hereunder referred to as the fund”), for certification as an independent production fund, subject to the fulfilment of specific conditions of approval set out in the attached appendix. The conditions of approval related to amendments to the Black Screen Fund’s by-laws are required to ensure that the fund operates in accordance with the criteria set out in Broadcasting Regulatory Policy 2016-343, 25 August 2016 (the CIPF Policy).
The Commission recognizes the importance such a fund could have in helping to support the production and broadcast of original programs by and for equity-deserving groups, specifically Black Canadians within the screen industry.
The Commission notes that the fund will be eligible to receive and administer contributions from broadcasting distribution undertakings (BDUs) under sections 34(1) and 52(2) of the Broadcasting Distribution Regulations once it has met the conditions of approval and been added to the list of eligible certified independent production funds found on the Commission’s website. The fund could also be eligible to receive contributions through tangible benefits packages.
The Commission recognizes the necessity for investments made for capacity building and training, specifically for Canadian creatives who have been systemically underrepresented in the industry. These investments may help address certain gaps of knowledge that have been perpetuated by systemic barriers within the audiovisual industry. In that regard, the Commission approves the proposal made by the Black Screen Fund to allocate not more than 10% of the funding it receives from BDUs contributions or tangible benefits contributions to training. As a part of its annual report to the Commission, the fund must provide information on how the funds directed to training have been used and the amount expended.
The present certification for the Black Screen Fund will remain valid for as long as the fund continues to meet the criteria set out in the above noted policies and conditions of approval set out in this letter and the appendix.
Yours sincerely,
Marc Morin
Secretary General
Appendix: Conditions of Approval
The Commission requires the Black Screen Fund to make the following amendments to its by-laws and directs the Black Screen Fund to file an executed copy of its by-laws as set out in condition of approval 1 below, as well as the certificate of incorporation as set out in condition of approval 2 below.
Condition of approval #1: Amendments to Black Screen Fund’s By-Laws
- At least two thirds of the members of the Board of the Black Screen Fund will be independent from contributors, such as broadcasting distribution undertakings (BDUs).
- Someone who is an employee, officer, director or an immediate family member of an officer or a director of a non-governmental contributor or its affiliates is not considered independent.
- The independent Board members of the Black Screen Fund shall cast no fewer than two thirds of the votes in a meeting.
Condition of approval #2: Certificate of incorporation
- The Black Screen Fund shall file with the Commission a copy of the certificate of incorporation demonstrating that the Black Screen Fund has been incorporated.
- Date modified: