Broadcasting - Secretary General Letter addressed to Kerry Swanson (Indigenous Screen Office)
Ottawa, 8 November 2023
Reference: 2023-0490-6
BY EMAIL
Kerry Swanson
CEO
Indigenous Screen Office
2938 Dundas St. W
PO Box 70656
Toronto ON M6P 1Y0
kswanson@iso-bea.ca
Subject: Application by the Indigenous Screen Office for certification as an Independent Production Fund
Dear Kerry Swanson,
The Commission approves the application filed by the Indigenous Screen Office (ISO), to be certified as an independent production fund, subject to the fulfilment of specific conditions of approval set out in the attached appendix. The conditions of approval relate to amendments to ISO’s constituting documents and by-laws that are required to ensure that the ISO operates in accordance with the criteria set out in Policy Framework for Certified Independent Production Funds, Broadcasting Regulatory Policy CRTC 2016-343, 25 August 2016 (the CIPF Policy).
The Commission recognizes the importance such a fund could have in helping to foster Indigenous production and Indigenous narrative storytelling within the screen industry.
The Commission notes that the CIPF Policy requires the Board of Directors of the CIPF to have sole and exclusive responsibility for its funding decisions and that board members of the CIPF be Canadians as defined in the Direction to the CRTC (Ineligibility of non-Canadians). However, the ISO’s by-laws provide that the CEO decides on funding under $250,000 and requires board members to be “Resident Canadian” as defined by the Income Tax Act, a definition which differs slightly from that found in the Direction.
The Commission notes that ISO’s organizational structure aligns with the funding decision criteria outlined in the CIPF Policy, which seeks to prevent conflicts of interest in the appraisal of funding applications to ensure transparency and independence from Broadcasting Distribution Undertakings (BDUs). Further, despite having decision-making authority over certain funding decisions, the CEO is still accountable to the Board for these decisions. The Commission also notes that the flexibility afforded by relying on the definition of “Resident Canadian” does not undermine the purpose behind this criterion.
The Commission is, therefore, satisfied that the ISO’s proposed approach would meet the objectives of the CIPF Policy: that funds that receive and administer contributions from BDUs must be constituted and operated at arm’s length from its contributors.
It also considers that approving this approach supports the policy objectives in subsection 3(1) of the Broadcasting Act which emphasize the role of Indigenous peoples in the broadcasting system and subsection 5(2) which provides that the Canadian broadcasting system should be regulated and supervised in a flexible manner that takes into account the specific needs and interests of Indigenous peoples.
Accordingly, the Commission deems the ISO’s approach to meet these two criteria.
The Commission notes that the fund will be eligible to receive and administer contributions from broadcast distribution undertakings 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 CIPFs found on the Commission’s website. The fund could also be eligible to receive contributions through tangible benefits packages.
The present certification for the ISO will remain valid for as long as the fund continues to meet or is deemed to meet the criteria set out in the above noted policies.
Yours sincerely,
Marc Morin
Secretary General
cc: avab@indigenousscreenoffice.com
Appendix: Conditions of Approval
The Commission requires the Indigenous Screen Office (ISO) to make the following amendments to its constituting documents and by-laws, and directs the ISO to file an executed copy of its amended constituting documents and by-laws as set out in condition of approval 1 and 2 below.
Condition of approval #1: Amendments to ISO’s By-Laws
- At least two thirds of the board members will be independent, as defined in the Policy framework for Certified Independent Production Funds (the CIPF Policy).
- Independent Board members shall cast no fewer than two thirds of the votes in a meeting.
- The director of funding and the CEO of the ISO must be independent, as defined in the CIPF Policy, to ensure the level of independence set out in the policy.
- The CEO must be a Resident Canadian given that the position has delegated authority over the decision-making process.
Condition of approval #2: Amendment to ISO’s constituting documents
In the event of a dissolution, the fund would be transferred to one of the following:
- a Canadian production fund Footnote1 Footnote2 , as defined in the Broadcasting Distribution Regulations (the Regulations); or
- another eligible independent production fund, as defined in the Regulations.
Condition of approval #3: Confirmation
The ISO is required to file confirmation [by letter] to the Commission that the staff member that is responsible for official language minority communities outreach and initiatives will be part of the funding team and/or peer assessment committee.
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