Order Declining to Refer Back to the Canadian Radio-television and Telecommunications Commission Broadcasting Decision CRTC 2023-245: SI/2023-80
Canada Gazette, Part II, Volume 157, Number 26
Registration
SI/2023-80 December 20, 2023
BROADCASTING ACT
Order Declining to Refer Back to the Canadian Radio-television and Telecommunications Commission Broadcasting Decision CRTC 2023-245
P.C. 2023-1229 December 8, 2023
Whereas the Canadian Radio-television and Telecommunications Commission (“Commission”), in Broadcasting Decision CRTC 2023-245 of August 8, 2023, renewed the broadcasting licences for various television programming services and networks and broadcasting distribution undertakings;
Whereas, subsequent to the making of the decision, the Governor in Council received, within the time period set out in subsection 28(1)footnote a of the Broadcasting Act footnote b, a petition in writing requesting that the decision be referred back to the Commission for reconsideration and hearing;
And whereas the Governor in Council, having considered the petition, is not satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy for Canada set out in subsection 3(1)footnote c of that Act;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, under subsection 28(1)footnote a of the Broadcasting Act footnote b, declines to refer back to the Commission for reconsideration and hearing Broadcasting Decision CRTC 2023-245 of August 8, 2023.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
A written petition to the Governor in Council has been received, pursuant to section 28 of the Broadcasting Act (the Act), requesting that the Governor in Council refer back the Canadian Radio-television and Telecommunications Commission (CRTC) decision contained in Broadcasting Decision CRTC 2023-245 of August 8, 2023, for reconsideration and hearing.
Objective
The Governor in Council is declining to set aside or refer back to the CRTC for reconsideration and hearing the decision which administratively renews the broadcasting licences for various television and distribution services.
Background
On August 8, 2023, the CRTC issued Broadcasting Decision CRTC 2023-245, in which it renewed the broadcasting licences for various television and distribution services, until August 31, 2026. In its decision, the CRTC explained that the decision would allow sufficient time for the CRTC to modernize its regulatory frameworks in response to the amended Act and implement the appropriate changes in the future.
On August 22, 2023, the GIC received a petition from an individual, John. P. Roman. The petitioner argued that the CRTC made procedural errors in making its decision, namely that it took the decision without holding a public hearing and without justifying how the lack of a public hearing is in the public interest, as required by paragraph 18(2)(a) of the Act. The petitioner requested that the GIC refer back the CRTC decision for reconsideration and hearing.
Pursuant to section 28 of the Broadcasting Act, the Governor in Council may set aside or refer a decision back to the CRTC for reconsideration and hearing if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in the Broadcasting Act. In the present case, after careful consideration of the petition, the Governor in Council is satisfied that the decision does not derogate from those objectives.
Therefore, under section 28 of the Broadcasting Act, the Governor in Council has declined to set aside or refer back to the CRTC for reconsideration and hearing the decision contained in Broadcasting Decision CRTC 2023-245 of August 8, 2023, administratively renewing the broadcasting licences for various television and distribution services.
Implications
Therefore, the CRTC decision stands.
Contact
Amy Awad
Director General
Digital and Creative Marketplace Frameworks
Department of Canadian Heritage
Telephone: 819‑921‑5613