Broadcasting - Secretary General Letter addressed to Robin Jackson (Broadcasting Participation Fund)
Ottawa, 6 November 2024
Reference: 2024-0355-9
BY E-MAIL
Robin Jackson
Chair, Broadcasting Participation Fund
oborne49@gmail.com
c.c. Distribution list
Subject: Commission approves inclusion of Online News Act in Broadcasting Participation Fund’s mandate
Dear Robin Jackson,
Thank you for your application to expand the mandate of the Broadcasting Participation Fund (the BPF) to accept applications for public interest intervenor costs in proceedings under the Online News Act (the Act).
The Commission acknowledges the importance of the participation of public interest organizations in Commission proceedings and the role that the BPF has played since its launch in 2012. The Commission also acknowledges that, currently, there is no mechanism to compensate public interest organizations participating in proceedings under the Act.
The Commission considers it important to ensure that groups representing the public interest can apply for funding to offset their costs of participating in proceedings under the Act.
Expansion of BPF mandate
The BPF requested a mandate change that would let it fund participation in future proceedings under the Act, as well as in those proceedings that were run for the purpose of establishing the Commission’s policy framework under the Act. It proposed specific changes to its corporate documents.
The Commission approves the BPF’s request to expand its mandate to include proceedings under the Act. This is a practical and efficient solution to enable public interest organizations to apply for costs in these proceedings. The specific changes are set out in the Appendix.
There was general support on the public record for the expansion of the BPF’s mandate to include proceedings under the Act. However, some concerns were expressed about the BPF’s financial capacity to expand its mandate given its current financial model and uncertainty regarding the future funding of the BPF.
The Commission will be launching in the coming months a public consultation that will explore new ways to fund the participation of groups that represent the public interest in Commission proceedings. As part of that proceeding, the Commission will consider options for public participation funding, including via the BPF.
The current application only deals with the expansion of the BPF’s mandate. Therefore, comments about the source of the BPF’s funding are outside the scope of the application and have not been considered.
Concerns over distinctiveness of funding streams
The Commission recognizes that broadcasting and online news are distinct areas that involve separate pieces of legislation. The Commission notes the concerns raised on the public record that the BPF had not explained how its two proposed funding streams would remain distinct. However, the Commission does not consider that it is necessary to provide specific direction to the BPF on this issue.
The BPF has consistently made its funding decisions independently, using its well-established structure and processes to distribute the funds to public interest organizations that participate in Commission proceedings. The BPF has indicated in its application that it will continue to apply these processes under its expanded mandate. In the Commission’s view, this is sufficient to ensure that the BPF continues its responsible stewardship of funds received from third parties.
Wording of the expanded mandate
In their joint intervention, the Forum for Research and Policy in Communications and the Public Interest Advocacy Centre (FRPC/PIAC) supported the application and proposed some additional wording changes to the BPF’s corporate documents. Their proposed changes were meant to ensure that any mandate change used consistent language and reflected language set out in Broadcasting Regulatory Policy 2012-181 (BRP 2012-181), where the Commission approved the establishment of the BPF.
The Commission agrees that some of FRPC/PIAC’s proposed wording changes would ensure that the mandate is more aligned with the language set out in BRP 2012-181 and would also ensure the language is clear and throughout. The Commission approves the specific wording changes that are set out in the Appendix of this letter.
Conclusion
The Commission firmly believes that participation of public interest organizations in CRTC proceedings leads to positive outcomes. The BPF’s expanded mandate will empower it to consider cost applications from public interest intervenors in proceedings under the Act, which will have similar positive impacts.
The Commission directs the BPF to make the changes to its By-laws and Articles of Incorporation set out in the Appendix and share the updated documents with the Commission no later than 6 December 2024.
Sincerely,
Yours sincerely,
Marc Morin
Secretary General
c.c.:
Scott Hutton, Vice President, Consumer, Analytics and Strategy,
scott.hutton@crtc.gc.ca
Distribution list:
Black Screen Office, joan@bso-ben.ca
Fédération des communautés francophones et acadienne du Canada, communications@fcfa.ca
Public Interest Advocacy Centre, lawford@piac.ca
Disability Screen Office, winnie.luk@dso-orphe.ca
Fédération culturelle canadienne-française, mcmorin@fccf.ca
News Media Canada, pdeegan@newsmediacanada.ca
Friends of Canadian Media // Les Amis des medias canadiens, media@friends.ca
Eastlink, regulatory.matters@corp.eastlink.ca
National Council of Canadian Muslims, rizwan@nccm.ca
Canadian Association of Broadcasters, tyull@cab-acr.ca
National Campus and Community Radio / Association nationale des radios étudiantes et communautaires, barry@ncra.ca
Unifor, randy.kitt@unifor.org
Forum for Research and Policy in Communications, execdir@frpc.net
Conseil Provincial du Secteur des Communications, brian.leclerc@samt.qc.ca
Appendix
Amendments to the Broadcasting Participation Fund (BPF) Mandate, By-laws and Articles of Incorporation
The amendments below (in bold) must be made by the BPF and submitted to the Commission no later than 6 December 2024.
Amendments to the BPF Mandate
The BPF would:
- provide costs support to public interest groups and consumer groups representing non-commercial user interests and the public interest before the Canadian Radio-television and Telecommunications Commission (CRTC) in broadcasting matters under the Broadcasting Act recognizing that English and French-language broadcasting, while sharing common aspects, operate under different conditions and may have different requirements, and in online news matters under the proceedings establishing the Online News Act framework, and proceedings under such framework;
- support research, analysis and advocacy in the official language of the applicant’s choice in CRTC broadcasting proceedings under the Broadcasting Act and in CRTC online-news proceedings under the Online News Act;
“Digital news” versus “online news”
- Replace any references to “digital news” with “online news” in the BPFs mandate.
Amendments to the BPF By-laws
- Section 1(l) “Consumer/Public Interest Stakeholders” means consumer and public interest groups, including advocacy and service groups, that are active before the CRTC in broadcasting and online news proceedings and directly represent a broad-based membership of users, which shall have: (i) been recommended by not less than fifty percent (50%) of the then existing Consumer/Public Interest Stakeholders; (ii) executed the Stakeholder Agreement; and (iii) been confirmed by the Board and recorded as such pursuant to Sections 47(a) and 72 of this By-law;
- Section 1(r) “Disbursements from the Fund” means expenditures from the Fund authorized by the Board for the advancement of the purpose of the Corporation contained in the Articles, including, without limitation, cost determinations of the Corporation described in Section 48 relating to proceedings under the Broadcasting Act (Canada) and proceedings establishing the Online News Act (Canada) framework, and proceedings under such framework, before the CRTC;
- Section 48(b) …however, that the Corporation’s interpretation and application of such precedents, processes, criteria, rates, policies and forms will require some allowances to reflect differences in broadcasting and online news regulation… (ii) costs determinations (interim and final) shall only be awarded by the Corporation to public interest groups and consumer groups representing non-commercial user interests and the public interest before the CRTC in broadcasting and online news matters.
Amendments to the BPF Articles of Incorporation
The purposes of the corporation are to:
- Provide costs support to public interest groups and consumer groups representing non-commercial user interests and the public interest before the Canadian Radio-television and Telecommunications Commission in broadcasting matters under the Broadcasting Act (Canada), recognizing that English and French language broadcasting, while sharing common aspects, operate under different conditions and may have different requirements; and in online news matters under the proceedings establishing the Online News Act (Canada) framework, and proceedings under such framework.
- Support research, analysis and advocacy in the official language of the applicant’s choice in CRTC broadcasting and online news proceedings under the Broadcasting Act (Canada) and under the Online News Act (Canada).
- Date modified: