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Broadcasting Decision CRTC 2025-32

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Reference: 2024-148

Ottawa–Gatineau, 30 January 2025

Durham Radio Inc.
Peterborough and Lindsay, Ontario

Public record: 2024-0081-0
Public hearing in the National Capital Region
5 September 2024

CKPT-FM Peterborough, CKQM-FM Peterborough and CKLY-FM Lindsay – Change in ownership and effective control

Summary

The Commission approves an application by Durham Radio Inc. (Durham) to change the ownership and control of the English-language commercial radio programming undertakings CKPT-FM Peterborough, CKQM-FM Peterborough and CKLY-FM Lindsay, Ontario. Through this transaction, Durham will acquire from Bell Media Regional Radio Partnership the assets necessary to operate these stations.

The Commission also approves Durham’s request for new broadcasting licences to continue the operation of CKPT-FM, CKQM-FM and CKLY-FM.

The Commission finds that approving this transaction is in the public interest, as it will help ensure that the stations continue to serve the communities of Peterborough and Lindsay. CKPT-FM, CKQM-FM and CKLY-FM will be operated by a new commercial licensee to the market who is committed to showcasing a diversity of voices and emerging Canadian musical artists and providing local programming to the community.

Application

  1. On 1 March 2024, the Commission received an application from Durham Radio Inc. (Durham), on behalf of Bell Media Inc. and 8384819 Canada Inc., carrying on business as Bell Media Regional Radio Partnership, for authority to acquire from Bell Media Regional Radio Partnership the assets of the English-language commercial radio programming undertakings CKPT-FM Peterborough, CKQM-FM Peterborough and CKLY-FM Lindsay, Ontario. Durham also requested new broadcasting licences to continue the operation of the stations under the same terms and conditions as those currently in effect.
  2. Durham is owned by Douglas E. Kirk (82.6%), Mary L. Kirk (10.9%) and other shareholders (6.5%). It is controlled by Douglas E. Kirk and is incorporated in Ontario. Following the close of the transaction, effective control of CKPT-FM, CKQM-FM and CKLY-FM would be exercised by Douglas E. Kirk, the main shareholder, who is Canadian.
  3. Bell Media Regional Radio Partnership is a general partnership formed by Bell Media Inc. (99.9998%) and 8384819 Canada Inc. (0.0002%). 8384819 Canada Inc. is a wholly owned subsidiary of Bell Media Inc., which is wholly owned by Bell Canada, a subsidiary of the publicly traded corporation BCE Inc. (BCE). The effective control of BCE is exercised by its board of directors.
  4. The purchase price for the assets is $2,000,000. Durham proposed a value of the transaction of $2,110,600, which includes the purchase price and the total value of leases payable over five years. There are no liabilities being assumed nor working capital transferred at closing. Durham also proposed a tangible benefits package of $126,636, which represents the minimum 6% of the proposed value of the transaction.

Interventions and reply

  1. The Commission received interventions in support of this application from Text Groove Communications Inc. (Text Groove) and the Country Music Association of Ontario (CMA Ontario), who stated that they would be glad to see the stations be acquired by a local operator. The Commission also received interventions from the Public Interest Advocacy Centre (PIAC), the Conseil provincial du secteur des communications du syndicat canadien de la fonction publique (CPSC-SCFP) and the Forum for Research and Policy in Communications (FRPC) commenting on the application, to which Durham replied.

Legal framework

  1. The review of ownership transactions is an essential element of the Commission’s regulatory and supervisory mandate under the Broadcasting Act (the Act). Obtaining a licence to operate a broadcasting undertaking (in this case, radio stations) is a regulatory privilege granted by the Commission. A licensee does not have the authority to transfer a licence to a new operator as they see fit.
  2. For this reason, licensees must obtain the Commission’s approval before entering into any action, agreement, or transaction that changes, directly or indirectly, the effective control of the radio station. This requirement is set out in subsection 11(4) of the Radio Regulations, 1986 (the Regulations).
  3. When seeking the Commission’s approval, the applicant must demonstrate that the benefits of the transaction are commensurate with the size and nature of the transaction and that the application represents the best possible proposal under the circumstances. The Commission will consider the application on its merits and will approve the transaction if the change in ownership and effective control is in the public interest. The public interest is reflected in the Canadian broadcasting and regulatory policy set out in subsections 3(1) and 5(2) of the Act.
  4. Under subsection 18(1) of the Act, the Commission must conduct a public hearing for the issuance of a broadcasting licence. Broadcasting Information Bulletins 2011-222 and 2008-8-2 outline that the Commission generally reviews applications for asset purchases through public hearings, either appearing or non-appearing. Applications are non-appearing where the Commission is satisfied that the applicant and interested parties had an opportunity to present their views and that the written record is sufficient and further discussion is not necessary.

Issues

  1. After examining the record for this application in light of applicable regulations and policies, the Commission considers that it must address the following issues:
    • whether the applicant’s ownership structure satisfies the requirements of the Direction to the CRTC (Ineligibility of Non-Canadians) (the Direction);Footnote 1
    • whether the proposed transaction is in the public interest;
    • the value of the transaction and tangible benefits;
    • the allocation of tangible benefits; and
    • whether the proposed transaction fulfills the regulatory requirements.

Canadian ownership and control

  1. Pursuant to paragraph 3(1)(a) of the Act, the Canadian broadcasting system shall be effectively owned and controlled by Canadians. As required by the Direction, no broadcasting licence can be issued to a non-Canadian.
  2. Given that effective control would be exercised by the main shareholder Douglas E. Kirk, a Canadian, the Commission is satisfied that CKPT-FM, CKQM-FM and CKLY-FM would be owned and controlled by a Canadian following the proposed transaction. As such, the proposed transaction satisfies the eligibility criteria set out in the Direction.

Public interest of the proposed transaction

  1. When the Commission evaluates whether a transaction is in the public interest, it examines the extent to which the transaction improves the Canadian broadcasting system and contributes to meeting the policy objectives of the Act. Section 3 of that Act describes a broadcasting system that contributes to the creation and presentation of Canadian programming, and through its programming reflects the multicultural and multiracial nature of Canadian society. Furthermore, the programming that the system provides should be drawn from local and regional sources and should ensure that a diversity of news voices is offered to the public.
  2. Durham noted that it is seeking to acquire radio stations that Bell Media Regional Radio Partnership no longer wishes to operate. The applicant argued that the transaction would benefit all parties, as well as Canadian radio listeners, by ensuring that the stations remain in operation. It also noted that given the stations’ proximity to the company’s Durham Region headquarters, the stations would benefit from operational synergies, including shared management and creative resources.
  3. Durham further argued that approval of the transaction would not adversely affect diversity in or competition between the Peterborough and Lindsay markets. In this regard, the applicant noted that it does not currently operate stations in those markets and that if the application is approved, the stations would share the same owner. Finally, Durham stated that there would be no policy concerns given that it intends to operate the stations under their current conditions of service.
Positions of parties
  1. The CPSC-SCFP and the FRPC expressed concerns regarding the lack of detailed information on employment outcomes following the acquisition. They argued that Durham’s response to inquiries about staff redundancy and operational synergies lacked detail about whether jobs would be maintained, created, or eliminated as a result of the acquisition. In their view, this uncertainty could impact Durham’s ability to sustain or enhance local programming and employment, which they considered important for meeting community needs and adhering to Canadian broadcasting policies.
  2. Durham did not address these interveners’ concerns in its reply.
Commission’s decision
  1. The Commission recognizes that approval of the transaction would ensure that the stations to be purchased by Durham continue to offer programming to the communities they serve. Approving the application would therefore provide listeners from Peterborough and Lindsay with continued access to local programming, including news, along with the same diversity of programming. Further, approval of Durham’s application would maintain the diversity of voices in the Peterborough and Lindsay markets and would continue to expose listeners to a diversity of editorial voices and programming. The Commission also notes that the current expectations for the stations relating to highlighting Canadian emerging artists and Indigenous artists would continue to apply, and that the applicant has proposed commitments relating to the broadcast of local programming, which are discussed in detail below.
  2. Moreover, the proximity of CKPT-FM, CKQM-FM and CKLY-FM to the stations currently operated by Durham would allow for operational synergies, including marketing efforts. In addition, Durham’s overall experience in broadcasting would contribute to helping ensure the stations’ viability in a competitive market.
  3. In regard to the concerns expressed by the CPSC-SCFP and the FRPC, the Commission notes that under article 4.4 of the Asset Purchase Agreement, Durham must, as of the closing date of the transaction, offer employment to each employee on terms and conditions of employment that are either better than or at least equally favourable to the terms and conditions of employment in place.
  4. Finally, as discussed below, the transaction would generate $126,636 in tangible benefits. Various funds and initiatives would receive support as a result, benefiting the broadcasting system.
  5. In light of the above, the Commission finds that approval of this transaction is in the public interest.

Value of the transaction and tangible benefits

  1. The Commission ensures that the public interest is served by requiring that the purchasing company make financial contributions to Canadian content development (CCD) that are proportionate to the size and nature of the transaction. These contributions are known as “tangible benefits.” Tangible benefits serve the public interest because they increase the quantity and quality of Canadian programming and support the creation, distribution and promotion of such programming. Since the Commission does not solicit competing applications for changes to the ownership or effective control of broadcasting undertakings, the Commission requires that applicants propose tangible benefits when they seek the Commission’s approval to change the effective control of radio and television programming services.
  2. The amount of tangible benefits payable depends on the value of the transaction. In the case of radio stations, tangible benefits represent at a minimum 6% of the value of the transaction. The Commission looks at the value of the transaction as a whole, including the value of gross debt, working capital to be transferred at the close of the transaction, ancillary agreements, and any leases assumed by the purchaser for real property (buildings, studios and offices) and transmission facilities. The value of leases is calculated over a period of five years. These elements, if applicable, are added to the purchase price.
  3. Durham proposed a value of the transaction of $2,110,600. This amount includes the purchase price ($2,000,000) and the total value of the leases payable over five years ($110,600). No debt or working capital will be assumed, and Durham confirmed that it would only be assuming the lease for the transmitter site of CKPT-FM.
  4. The Commission notes that the value of the transaction as proposed by the applicant is consistent with the Commission’s general approach. The Commission has calculated the value of the transaction at $2,110,600, itemized as follows:
    Purchase Price $2,000,000
    Debt $0
    Assumed leases over five years $110,600
    Working capital $0
    Value of the transaction $2,110,600

Allocation of tangible benefits

  1. Durham proposed a tangible benefits package of $126,636, which represents the minimum 6% of the value of the transaction.
  2. As per the Revised Commercial Radio Policy,Footnote 2 tangible benefits must be paid over seven consecutive broadcast years and be allocated as follows:
    • 3% to Canadian Starmaker Fund and Fonds RadioStar;
      • 60% to Canadian Starmaker Fund and 40% to Fonds RadioStar
    • 1.5% to FACTOR and Musicaction;
      • 60% to FACTOR and 40% to Musicaction
    • 1% to any eligible CCD initiative at the discretion of the purchaser; and
    • 0.5% to the Community Radio Fund of Canada (CRFC).
  3.  Durham proposed to allocate the funds as per the Tangible Benefits Policy,Footnote 3 including the revised allocation in the Revised Commercial Radio Policy.
  4. In addition, Durham stated that it would direct the 1% that is to be allocated to discretionary initiatives to scholarships for Canadian students enrolled in journalism or creative writing programs at Trent University.
Positions of parties
  1. PIAC submitted that Durham’s proposal regarding discretionary initiatives is self-serving and suggested that the applicant allocate, in equal portions, the 1% discretionary portion of its tangible benefits to the Broadcast Participation Fund (BPF) and the Broadcast Accessibility Fund (BAF). PIAC further stated that these funds, which are crucial for public participation in broadcasting proceedings and thus help the Commission make informed decisions, are underfunded. The FRPC stated that 10% of the total proposed tangible benefits should be allocated to the BPF, to provide that fund with financial stability.
  2. In its reply, Durham explained that it has a history of supporting Canadian talent by directing a significant amount of its CCD contributions to help for artists. It noted that it works within the guidelines established by the CommissionFootnote 4 in regard to eligible initiatives and sees success for the artists it has supported. In regard to PIAC’s claim that the proposed discretionary tangible benefits are self-serving, Durham stated that “helping Canadian artists is not self-serving, it reflects who we are as Canadians and the partnership we have with up-and-coming talent as well as established artists.” Durham further stated that redirecting that contribution to the BPF and the BAF would benefit PIAC directly.
Commission’s decision
  1. In regard to the proposals by PIAC and the FRPC, while other funding initiatives, including the BPF and the BAF, are valuable and important in the broadcasting sector, the Commission notes that Durham’s proposal is in line with the Revised Commercial Radio Policy.
  2. In its Regulatory plan to modernize Canada’s broadcasting framework , the Commission stated its intention to launch a consultation to explore new ways to fund groups that represent the public interest to better facilitate their participation in Commission proceedings. The Commission intends to launch that consultation in the coming months and encourages individuals and groups to participate.
  3. In light of the above, the Commission finds that the proposed tangible benefits package, including the amount and allocation, is appropriate as it is consistent with the Tangible Benefits Policy and Revised Commercial Radio Policy.
  4. The amended Actnow includes express provisions relating to the imposition of expenditure requirements. As a result, tangible benefits must be imposed by order made pursuant to subsection 11.1(2) of the Act. Accordingly, the Commission considers it appropriate to order Durham, by condition of service, to allocate $126,636 in tangible benefits, to be paid in equal instalments over seven consecutive broadcast years, consistent with the Tangible Benefits Policy and Revised Commercial Radio Policy.

Regulatory requirements

Programming
  1. Local programming is important to the broadcasting system, and the Commission expects radio stations to reflect the communities they serve through the programming they broadcast. As an incentive to broadcast local programming, commercial FM radio stations that do not serve a single-station market can only solicit or accept local advertising if they devote at least one third of their programming (equivalent to 42 hours) to local programming, which can include both spoken word and musical content. A standard condition of service to that effect is set out in the appendix to Broadcasting Regulatory Policy 2022-334.
  2. Durham confirmed that it would maintain the existing local programming levels for CKPT-FM, CKQM-FM and CKLY-FM while ensuring alignment with community needs and interests. More specifically, based on its experience in other markets, it committed to 100 hours of local programming to be broadcast each broadcast week on each of the three stations with a target to exceed that commitment. The applicant added that it would focus on local needs and interests in the communities served and that, with skilled staff and current resources, it would increase the local presence and coverage of Peterborough and Lindsay.
  3. Interveners, including Text Groove and CMA Ontario, expressed support for Durham’s local programming commitments. The FRPC added, however, that the applicant should also increase the number of journalists providing local-community news coverage.
  4. In its reply, Durham confirmed that it would focus its attention on the Peterborough and Lindsay markets through enhanced local news and coverage of community events, along with the additional hours of locally produced programming, and noted its success in doing so in other local markets it serves.
  5. In light of the above, the Commission finds that Durham’s proposal meets the local programming and news requirements.
Condition of service for CKPT-FM Peterborough relating to reasonable access to advertising availabilities
  1. CKPT-FM is currently required, by condition of service, to provide commercially reasonable access to advertising availabilities to unrelated operators of broadcasting undertakings and telecommunications service providers.Footnote 5 This requirement was imposed in Broadcasting Decision 2013-310 as a result of the Commission’s approval of the acquisition of the station by BCE from Astral Media Inc. (Astral). Durham indicated that it wished to maintain that condition of service.
  2. In that decision, the Commission acknowledged that BCE, through its acquisition of Astral’s services, would control a significantly large advertising inventory, both in television and in radio, and would be in a position to limit access to valuable advertising space by its competitors. Given the detrimental effect this could have had on competitors not controlling similar advertising availabilities themselves, the Commission considered that it was necessary to impose the above-noted condition of service on all BCE-related radio stations.
  3. Despite Durham’s willingness to maintain this condition of service, it is the Commission’s view that it would no longer be applicable or necessary as Durham would not be controlling a significantly larger advertising inventory following the transaction. Therefore, the Commission finds that it would be appropriate not to impose that condition of service for Durham.
Licence terms
  1. The licences for CKQM-FM and CKLY-FM expire 31 August 2026, while the licence for CKPT-FM expires 31 August 2027.
  2. Under paragraph 9(1)(b) of the Act, the Commission has the authority to issue a licence and determine its term as deemed appropriate. To simplify the process for the buyer of the stations and for the Commission, the Commission considers that it would be appropriate to issue new broadcasting licences with the same expiry date, specifically, the date currently in place for CKPT-FM.
  3. In light of the above, the Commission concludes that the new licence terms for CKPT-FM, CKQM-FM and CKLY-FM will expire on 31 August 2027.

Conclusion

  1. In light of all of the above, the Commission approves the application by Durham Radio Inc., on behalf of Bell Media Inc. and 8384819 Canada Inc., carrying on business as Bell Media Regional Radio Partnership, for authority to acquire from Bell Media Regional Radio Partnership the assets of the English-language commercial radio programming undertakings CKPT-FM Peterborough, CKQM-FM Peterborough and CKLY-FM Lindsay, Ontario. The Commission will issue new broadcasting licences to Durham to continue the operation of CKPT-FM, CKQM-FM and CKLY-FM.
  2. Upon surrender of the licences currently held by Bell Media Regional Radio Partnership, the Commission will issue new broadcasting licences to Durham, which will expire on 31 August 2027. These licences will be subject to the terms and conditions of service set out in the appendix to this decision.
  3. The Commission directs Durham Radio Inc. to submit the final agreement(s) related to the transaction, including all annexes, schedules, and associated documentation, to the Commission within 30 days of the closing date of the transaction.

Conditions of service

  1. Given that the applicant proposed to operate CKPT-FM, CKQM-FM and CKLY-FM under the same terms and conditions as those in effect under the current licences, the Commission makes the following orders consistent with the existing conditions of service, as modified in this decision.
  2. The Commission notes that it updated the standard conditions of service for commercial FM radio stations in Broadcasting Regulatory Policy 2022-334. As a result, the Commission considers it appropriate to require Durham to adhere to these updated standard conditions so that those for CKPT-FM, CKQM-FM and CKLY-FM are consistent with the conditions of service for other FM stations.
  3. Further, pursuant to subsection 49(2) of the Online Streaming Act, any regulation made under paragraphs 10(1)(a) or 10(1)(i) of the old Broadcasting Act is deemed to be an order made under section 9.1 of the new Broadcasting Act. As a result, the Commission considers it appropriate to require that the licensee adhere to these requirements as conditions of service.
  4. Accordingly, pursuant to subsection 9.1(1) of the Act, the Commission orders Durham Radio Inc., by condition of service, to adhere to the standard conditions of service for commercial FM radio stations set out in the appendix to Broadcasting Regulatory Policy 2022-334, as well as to all applicable requirements set out in the Regulations, that were made under paragraphs 10(1)(a) or 10(1)(i) of the old Act.
  5. Further, in regard to CKPT-FM, pursuant to subsection 9.1(1) of the Act, the Commission orders Durham Radio Inc., by condition of service, to ensure that in any broadcast week where at least 90% of musical selections from content category 2 (Popular Music) that the licensee broadcasts are selections released before 1 January 1981, the licensee shall devote 30% or more of its musical selections from content category 2 throughout the broadcast week and between 6:00 a.m. and 6:00 p.m. from Monday to Friday to Canadian selections broadcast in their entirety.
  6. In addition, pursuant to subsection 11.1(2) of the Act, the Commission also orders Durham Radio Inc., by condition of service, to pay tangible benefits in the amount of $126,636, to be paid in equal instalments over seven consecutive broadcast years and allocated in a manner consistent with the Tangible Benefits Policy and the Revised Commercial Radio Policy. Further, pursuant to subsection 9.1(1) of the Act, the Commission orders Durham Radio Inc., by condition of service, to file all proof of payment and eligibility regarding these contributions each year in a form deemed acceptable by the Commission consistent with subsection 9(2) of the Regulations.
  7. The Commission notes that the formal broadcasting licence document issued to a licensee may set out additional requirements for the undertaking, relating to, for example, technical parameters or prohibition on transfer. The licensee shall, therefore, also adhere to any such requirements set out in the broadcasting licence for the undertaking.
  8. The terms as well as the specifics of these conditions of service are set out in the appendix to this decision.
  9. Finally, the Commission notes that this application, including the matters set out in the above orders, were subject to a public proceeding that provided both the applicant and other interested parties notice of and an opportunity to make representations with respect to the proposed orders. The Commission is satisfied that, in this case, the public proceeding was sufficient to achieve the purposes of the publication and consultation requirement set out in subsections 9.1(4) and 11.1(7) of the Act.

Reminders

Force and effect of broadcasting licences

  1. Pursuant to section 22 of the Act, the broadcasting licences will cease to have any force or effect if the broadcasting certificates issued by the Department of Industry (also known as Innovation, Science and Economic Development Canada) lapse.

Local news

  1. Radio stations are an important daily source of local news and information for communities. Carrying on a broadcasting undertaking comes with conditions, regulatory obligations and responsibilities, which include contributing to the Canadian broadcasting system by ensuring that Canadians have access to local programming that reflects their needs and interests and informs them of important current issues.
  2. Although the Revised Commercial Radio Policy does not specify a minimum level of weekly news to be broadcast, it does specify the type of spoken word material that must be included as part of a station’s local programming. In accordance with that regulatory policy, the Commission reminds the licensee that its stations, in their local programming, must incorporate spoken word material of direct and particular relevance to the communities served, and that this programming must include local news, weather, sports coverage, and the promotion of local events and activities. In addition, the Commission encourages the licensee to ensure that a reasonable amount of daily local news and information is made available to those communities.

National Public Alerting System

  1. The Commission has implemented obligations in respect of the broadcast of emergency alerts. For reference, see section 16 of the Regulations as well as Broadcasting Regulatory Policy 2014-444. The licensee must implement the public alerting system for each of its transmitters, and ensure that any alert broadcast decoders (e.g., ENDEC) used for the purposes of broadcasting emergency alert messages are installed and programmed to properly account for the applicable contour (as set out in paragraph 16(2)(b) of the Regulations) of the stations as well as that of any rebroadcasting transmitter that may appear on the licences for those stations.

Employment equity

  1. Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Employment and Social Development (also known as Employment and Social Development Canada), its employment equity practices are not examined by the Commission.
  2. The Commission notes that amendments to the Broadcasting Act resulting from the Online Streaming Act place greater emphasis on the inclusion of equity-deserving communities and individuals in the broadcasting system. As a result, the Commission may examine its diversity-related policies in the context of the consultations on inclusion and diversity announced in its Regulatory plan to modernize Canada’s broadcasting framework. In the meantime, although the licensee is subject to the Employment Equity Act, the Commission encourages the licensee to consider the amendments to the Broadcasting Act when making operational decisions.

Secretary General

Related documents

This decision is to be appended to each licence.

Appendix to Broadcasting Decision CRTC 2025-32

Terms, conditions of service and expectations for the English-language commercial radio programming undertakings CKPT-FM Peterborough, CKQM-FM Peterborough and CKLY-FM Lindsay, Ontario

Terms

The licence will expire 31 August 2027.

Conditions of service

Conditions of service applicable to all stations
  1. The licensee shall adhere to the conditions set out in the appendix to Revised conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2022-334, 7 December 2022, as well as to the requirements set out in the broadcasting licence for the undertaking.
  2. The licensee shall adhere to all applicable requirements set out in the Radio Regulations, 1986, that were made under paragraph 10(1)(a) or under paragraph 10(1)(i) of the old Broadcasting Act.

  3. In order to fulfill its commitment relating to tangible benefits, the licensee shall expend, in equal payments over seven consecutive broadcast years and by no later than 31 August of each year, a total amount of $126,636, allocated as set out at paragraphs 4 and 48 of Simplified approach to tangible benefits and determining the value of the transaction, Broadcasting Regulatory Policy CRTC 2014-459, 5 September 2014 and at paragraph 160 of Revised Commercial Radio Policy, Broadcasting Regulatory Policy CRTC 2022-332, 7 December 2022.

    The licensee shall file all proof of payment and eligibility regarding these contributions each year in a form deemed acceptable by the Commission consistent with subsection 9(2) of the Radio Regulations, 1986.

Condition of service applicable to CKPT-FM Peterborough, Ontario

  1. As an exception to the percentage of Canadian musical selections set out in subsections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations), in any broadcast week where at least 90% of musical selections from content category 2 (Popular Music) that the licensee broadcasts are selections released before 1 January 1981, the licensee shall devote 30% or more of its musical selections from content category 2 throughout the broadcast week and between 6 a.m. and 6 p.m. from Monday to Friday to Canadian selections broadcast in their entirety.

    The licensee will also be responsible for specifying on the music lists it provides to the Commission the year of release for all musical selections it broadcasts.

    For the purposes of this condition, the terms “broadcast week,” “Canadian selection,” “content category” and “musical selection” shall have the same meanings as those set out in the Regulations.

Expectations

Cultural diversity

The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.

Canadian emerging artists

Consistent with the Commission’s determination set out in Revised Commercial Radio Policy, Broadcasting Regulatory Policy CRTC 2022-332, 7 December 2022 (Broadcasting Regulatory Policy 2022-332), the Commission expects the licensee to devote, in each broadcast week, at least 5% of the station’s musical selections to selections from Canadian emerging artists broadcast in their entirety. The licensee should report annually on how it has met this expectation, including the percentage of selections from Canadian emerging artists out of the total number of musical selections that were aired, and the number of distinct artists whose music has been aired. The licensee should also be able to provide, upon request, information such as a list of all titles, artists, and International Standard Recording Code (ISRC) numbers.

For the purposes of the above paragraph, the definition of “Canadian emerging artist” is the same as that set out in paragraph 346 of Broadcasting Regulatory Policy 2022-332.

Indigenous musical selections

Consistent with the Commission’s determination set out in Revised Commercial Radio Policy, Broadcasting Regulatory Policy CRTC 2022-332, 7 December 2022 (Broadcasting Regulatory Policy 2022-332), the Commission expects the licensee to include Indigenous musical selections on the station’s playlist. The licensee should report annually on the amount of Indigenous content aired on the station throughout the broadcast year (i.e., from 1 September to 31 August), including the percentage of Indigenous musical selections out of the total number of musical selections that were aired, and the number of distinct artists whose music has been aired. The licensee should also be able to provide, upon request, information such as a list of all titles, artists, and International Standard Recording Code (ISRC) numbers.

For the purposes of the above paragraph, the licensee may use the provisional definition of “Indigenous-Canadian musical selection” set out in paragraph 441 of Broadcasting Regulatory Policy 2022-332 to determine whether a musical selection can be considered an Indigenous musical selection.

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