Broadcasting Decision CRTC 2021-382

PDF version

Reference: 2021-218

Ottawa, 15 November 2021

Pattison Media Ltd.
Various locations across British Columbia, Alberta, Saskatchewan and Manitoba

Public record for these applications: 2021-0289-6 and 2021-0233-3
Public hearing in the National Capital Region
9 September 2021

Various radio and television undertakings – Acquisition of assets (corporate reorganization)

The Commission approves the applications by Pattison Broadcast Group Limited Partnership, on behalf of Pattison Media Ltd., for authority to acquire the assets of all the licensed radio and television undertakings owned by Merritt Broadcasting Ltd. and the partners carrying on business as Jim Pattison Broadcast Group Limited Partnership.

Applications

  1. Pattison Media Ltd. (Pattison Media) Footnote 1 requested authority to acquire, as part of a multi-step corporate reorganization, the assets of all the licensed radio and television undertakings owned by Merritt Broadcasting Ltd. (Merritt Broadcasting) and the partners in Jim Pattison Broadcast Group Limited Partnership (Pattison Partnership), i.e., Pattison Media (the general partner) and Jim Pattison Industries Ltd. (Pattison Industries) (the limited partner). Pattison Media also requested new broadcasting licences to continue the operation of the undertakings under the same terms and conditions as those in effect under the current licences.
  2. Pattison Media, Pattison Partnership and Merritt Broadcasting are all ultimately owned and controlled by James A. Pattison, who is Canadian, satisfying the Direction to the CRTC (Ineligibility of Non-Canadians), SOR/97-192.
  3. In the first step of the corporate reorganization (2021-0289-6), all of Merritt Broadcasting’s shares would be transferred to Pattison Media. In the second step (2021-0233-3), Merritt Broadcasting would be wound up into Pattison Media, Pattison Industries’ ownership in Pattison Partnership would be transferred to Pattison Media, and Pattison Partnership would be dissolved (since Pattison Media would then be the sole partner). Following this multi-step corporate reorganization, Pattison Media would become the licensee of all the licensed radio and television undertakings currently owned by Merritt Broadcasting and the partners in Pattison Partnership.
  4. The Commission did not receive any interventions in regard to these applications.

Regulatory framework

  1. Pursuant to subsection 5(1) of the Broadcasting Act (the Act), the Commission’s mandate is to regulate and supervise all aspects of the Canadian broadcasting system in the public interest. The public interest is reflected in the numerous objectives of the Act and of the Canadian broadcasting policy set out in subsection 3(1) of the Act. The review of ownership transactions in the public interest forms part of the Commission’s regulatory and supervisory mandate under the Act.
  2. As set out in Broadcasting Regulatory Policy 2014-459, the Commission requires applicants to pay tangible benefits when a change in ownership leads to a change in the effective control of a broadcasting undertaking. The payment of tangible benefits is not required for corporate reorganizations, since they do not result in a change in effective control.
  3. The Commission has the authority, pursuant to subsection 9(1) of the Act, to issue licences for such terms not exceeding seven years and subject to such conditions related to the circumstances of the licensee as it deems appropriate for the implementation of the broadcasting policy set out in subsection 3(1) of the Act, as well as to amend those conditions.

Issues

  1. After examining the record for these applications in light of applicable regulations and policies, the Commission considers that it must address the following issues:
    • whether the transaction is in the public interest; and
    • compliance with regulatory obligations.

Public interest

  1. This transaction involves a corporate reorganization that would not result in a change in effective control. Further, the applicant requested to operate the services involved under the same terms and conditions as those in effect under the current licences.
  2. The Commission also notes that Pattison Media intends to pay all the remaining tangible benefits stemming from the transactions approved in the following broadcasting decisions:
    • Broadcasting Decision 2020-410 (change in ownership and effective control of Merritt Broadcasting);
    • Broadcasting Decision L2018-58Footnote 2 (change in ownership and effective control of Fabmar Communications Ltd.);
    • Broadcasting Decision L2016-0072 (change in effective control of Merritt Broadcasting);
    • Broadcasting Decision 2015-401 (acquisition of the assets of CIKT-FM Grande Prairie from Bear Creek Broadcasting Limited Partnership); and
    • Broadcasting Decision 2014-654 (acquisition of the assets of various radio stations from Rawlco Radio Ltd.);
  3. The only impact of the reorganization would be to create administrative efficiency through the elimination of unneeded corporate entities. Therefore, the Commission finds that the approval of the transaction would be in the public interest.

Compliance

  1. The Commission generally conducts a review of a licensee’s compliance with its regulatory obligations as part of an ownership application. Following a request for information from the Commission, Pattison Media agreed to be held responsible by condition of licence for any instances of non-compliance by Merritt Broadcasting and the partners in Pattison Partnership in the licence term preceding Pattison Media’s first licence term as a result of this decision.
  2.  Taking this into consideration, the Commission finds it appropriate to impose the following condition of licence on all the licensed undertakings involved in the reorganization and will evaluate compliance at their next licence renewal:

    Pattison Media Ltd. shall be responsible for any non-compliance by Pattison Media Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership, or Merritt Broadcasting Ltd. in regards to their regulatory obligations that would have occurred over the licence term preceding Pattison Media Ltd.’s first licence term as a result of the issuance of Various radio and television undertakings – Acquisition of assets (corporate reorganization), Broadcasting Decision CRTC 2021-382, 15 November 2021, if any such non-compliance is identified during the next licence renewal.

Conclusion

  1. In light of all the above, the Commission approves the applications by Pattison Media Ltd. to acquire the assets of all the licensed radio and television undertakings currently owned by Merritt Broadcasting Ltd. and the partners in Jim Pattison Broadcast Group Limited Partnership, i.e., Pattison Media Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), and for new broadcasting licences to continue the operation of the undertakings.
  2. The full list of radio and television stations of which Pattison Media will be the licensee is set out in Appendix 1 to this decision. The terms and conditions of licence for the radio stations are set out in Appendix 2. The terms and conditions of licence for the television stations are set out in Appendix 3.
  3. Pattison Media will be held responsible for any non-compliance by the partners in Pattison Partnership or by Merritt Broadcasting in regards to their regulatory obligations that would have occurred over the licence term preceding Pattison Media’s first licence term.
  4. Pattison Media shall notify the Commission of the close of the transaction, and upon surrender of the current licences held by Merritt Broadcasting and the partners in Pattison Partnership, the Commission will issue new broadcasting licences to Pattison Media.

Reminders

  1. The Commission reminds Pattison Media that it must pay any remaining tangible benefits stemming from previous ownership transactions. All discretionary amounts from those tangible benefits, which amount to 1% of the value of the transaction, must be allocated to parties and initiatives fulfilling the definition of eligible initiative set out in paragraph 108 of Broadcasting Public Notice 2006-158. Further, Pattison Media must file by 30 November following the end of each broadcast year, in a form deemed acceptable by the Commission, proof of payment of the tangible benefits paid each broadcast year.
  2. Pursuant to section 22 of the Act, the broadcasting licences approved in this decision will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.
  3. Because Pattison Media is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Employment and Social Development, its employment equity practices are not examined by the Commission.

Secretary General

Related documents

This decision and the appropriate appendices are to be appended to each licence.

Appendix 1 to Broadcasting Decision CRTC 2021-382

Radio programming undertakings to be licensed to Pattison Media Ltd. pursuant to this decision

Province Call sign / Location
British Columbia CHBZ-FM Cranbrook and its transmitter CFBZ-FM Fernie
CHDR-FM Cranbrook
CHPQ-FM Parksville
CHWF-FM Nanaimo
CHWK-FM Chilliwack
CIBH-FM Parksville
CIFM-FM Kamloops and its transmitters CIFM-FM-2 Clearwater, CIFM-FM-3 Merritt, CIFM-FM-4 Clinton, CIFM-FM-5 Barriere, CIFM-FM-6 Cache Creek, CIFM-FM-7 Pritchard, CIFM-FM-8 Chase and CIFM-FM-9 Sun Peaks Resort
CJAV-FM Port Alberni
CJDR-FM Fernie and its transmitter CJDR-FM-1 Sparwood
CJIB-FM Vernon (formerly CKIZ-FM) and its transmitter CKIZ-FM-1 Enderby
CJJR-FM Vancouver
CJZN-FM Victoria and its transmitter CJZN-FM-1 Sooke
CKBZ-FM Kamloops and its transmitters CKBZ-FM-1 Pritchard, CKBZ-FM-2 Chase, CKBZ-FM-3 Merritt, CKBZ-FM-4 Clearwater and CKBZ-FM-5 Sun Peaks Resort
CKDV-FM Prince George and its transmitter CKMK Mackenzie
CKKN-FM Prince George and its transmitters CKKN-FM-1 McLeod Lake and CKKN-FM-2 Mackenzie
CKKQ-FM Victoria and its transmitter CKKQ-FM-1 Sooke
CKLR-FM Courtenay
CKLZ-FM Kelowna
CKMQ-FM Merritt
CKPK-FM Vancouver
CKQQ-FM Kelowna
CKWV-FM Nanaimo
Alberta CFDV-FM Red Deer
CFMY-FM Medicine Hat
CHAT-FM Medicine Hat
CHBW-FM Rocky Mountain House and its transmitter CHBW-FM-1 Nordegg
CHLB-FM Lethbridge
CHUB-FM Red Deer
CIBW-FM Drayton Valley
CIKT-FM Grande Prairie
CIUP-FM Edmonton
CIXM-FM Whitecourt
CJBZ-FM Taber
CJXX-FM Grande Prairie
CKCE-FM Calgary
CKNO-FM Edmonton
CKWD-FM Calgary
Saskatchewan CFMM-FM Prince Albert and its transmitter CFMM-FM-1 Waskesiu Lake
CHQX-FM Prince Albert and its transmitters CHQX-FM-1 Waskesiu Lake, CHQX-FM-2 La Ronge and CHQX-FM-3 Big River
CJCQ-FM North Battleford and its transmitter CJCQ-FM-1 Meadow Lake
CJHD-FM North Battleford
CJNB North Battleford
CJNS-FM Meadow Lake
CJVR-FM Melfort and its transmitters CJVR-FM-1 Dafoe, CJVR-FM-2 Wakesiu Lake and CJVR-FM-3 Carrot River
CKBI Prince Albert and its transmitters CKBI-FM La Ronge and CKBI-FM-1 Big River
CKJH Melfort
Manitoba CFQX-FM Selkirk
CHIQ-FM Winnipeg

Television programming undertakings to be licensed to Pattison Media Ltd. pursuant to this decision

Province Call sign / Location
British Columbia CFJC-TV Kamloops and its transmitters CFJC-TV-3 Merritt, CFJC-TV-4 Clinton, CFJC-TV-5 Williams Lake, CFJC-TV-6 100 Mile House, CFJC-TV-8 Chase, CFJC-TV-11 Quesnel, CFJC-TV-12 Nicola and CFJC-TV-19 Pritchard
CKPG-TV Prince George and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG-TV-5 Quesnel
Alberta CHAT-TV Medicine Hat and its transmitters CHAT-TV-1 Pivot, Alberta and CHAT-TV-2 Maple Creek, Saskatchewan

Appendix 2 to Broadcasting Decision CRTC 2021-382

Terms, conditions of licence, reminder, expectation and encouragement for the radio programming undertakings set out in Appendix 1

Terms

The licence will expire on the date indicated below:

Province Call sign / Location Expiry date
British Columbia CHBZ-FM Cranbrook and its transmitter CFBZ-FM Fernie 31 August 2026
CHDR-FM Cranbrook 31 August 2023*
CHPQ-FM Parksville 31 August 2027
CHWF-FM Nanaimo 31 August 2023*
CHWK-FM Chilliwack 31 August 2023*
CIBH-FM Parksville 31 August 2023*
CIFM-FM Kamloops and its transmitters CIFM-FM-2 Clearwater, CIFM-FM-3 Merritt, CIFM-FM-4 Clinton, CIFM-FM-5 Barriere, CIFM-FM-6 Cache Creek, CIFM-FM-7 Pritchard, CIFM-FM-8 Chase and CIFM-FM-9 Sun Peaks Resort 31 August 2024
CJAV-FM Port Alberni 31 August 2026
CJDR-FM Fernie and its transmitter CJDR-FM-1 Sparwood 31 August 2023*
CJIB-FM Vernon (formerly CKIZ-FM) and its transmitter CKIZ-FM-1 Enderby 31 August 2023*
CJJR-FM Vancouver 31 August 2027
CJZN-FM Victoria and its transmitter CJZN-FM-1 Sooke 31 August 2027
CKBZ-FM Kamloops and its transmitters CKBZ-FM-1 Pritchard, CKBZ-FM-2 Chase, CKBZ-FM-3 Merritt, CKBZ-FM-4 Clearwater and CKBZ-FM-5 Sun Peaks Resort 31 August 2023*
CKDV-FM Prince George and its transmitter CKMK Mackenzie 31 August 2027
CKKN-FM Prince George and its transmitters CKKN-FM-1 McLeod Lake and CKKN-FM-2 Mackenzie 31 August 2024
CKKQ-FM Victoria and its transmitter CKKQ-FM-1 Sooke 31 August 2027
CKLR-FM Courtenay 31 August 2026
CKLZ-FM Kelowna 31 August 2026
CKMQ-FM Merritt 31 August 2023*
CKPK-FM Vancouver 31 August 2023*
CKQQ-FM Kelowna 31 August 2027
CKWV-FM Nanaimo 31 August 2027
Alberta CFDV-FM Red Deer 31 August 2024
CFMY-FM Medicine Hat 31 August 2024
CHAT-FM Medicine Hat 31 August 2026
CHBW-FM Rocky Mountain House and its transmitter CHBW-FM-1 Nordegg 31 August 2026
CHLB-FM Lethbridge 31 August 2023*
CHUB-FM Red Deer 31 August 2024
CIBW-FM Drayton Valley 31 August 2023*
CIKT-FM Grande Prairie 31 August 2023*
CIUP-FM Edmonton 31 August 2023*
CIXM-FM Whitecourt 31 August 2026
CJBZ-FM Taber 31 August 2023*
CJXX-FM Grande Prairie 31 August 2024
CKCE-FM Calgary 31 August 2027
CKNO-FM Edmonton 31 August 2025
CKWD-FM Calgary 31 August 2025
Saskatchewan CFMM-FM Prince Albert and its transmitter CFMM-FM-1 Waskesiu Lake 31 August 2023*
CHQX-FM Prince Albert and its transmitters CHQX-FM-1 Waskesiu Lake, CHQX-FM-2 La Ronge and CHQX-FM-3 Big River 31 August 2023*
CJCQ-FM North Battleford and its transmitter CJCQ-FM-1 Meadow Lake 31 August 2023*
CJHD-FM North Battleford 31 August 2023*
CJNB North Battleford 31 August 2023*
CJNS-FM Meadow Lake 31 August 2023*
CJVR-FM Melfort and its transmitters CJVR-FM-1 Dafoe, CJVR-FM-2 Wakesiu Lake and CJVR-FM-3 Carrot River 31 August 2023*
CKBI Prince Albert and its transmitters CKBI-FM La-Ronge and CKBI-FM-1 Big River 31 August 2023*
CKJH Melfort 31 August 2023
Manitoba CFQX-FM Selkirk 31 August 2027
CHIQ-FM Winnipeg 31 August 2027

* The broadcasting licence for these stations was administratively renewed from 1 September 2022 to 31 August 2023 in Various commercial radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2021-297, 30 August 2021

Conditions of licence applicable to all stations

  1. The licensee shall adhere to the conditions of licence set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009, with the exception of condition of licence 8 relating to local advertising for CKMQ-FM Merritt, British Columbia, and CJNS-FM Meadow Lake, Saskatchewan, as well as to the conditions set out in the broadcasting licence for the undertaking.
  2. Pattison Media Ltd. shall be responsible for any non-compliance by Pattison Media Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership, or Merritt Broadcasting Ltd. in regards to their regulatory obligations that would have occurred over the licence term preceding Pattison Media Ltd.’s first licence term as a result of the issuance of Various radio and television undertakings – Acquisition of assets (corporate reorganization), Broadcasting Decision CRTC 2021-382, 15 November 2021, if any such non-compliance is identified during the next licence renewal.

Additional condition of licence applicable to CHWK-FM Chilliwack

  1. As an exception to sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations), the licensee shall devote at least 40% of its musical selections from content category 2 (Popular Music) each broadcast week and between 6 a.m. and 6 p.m. from Monday to Friday to Canadian selections broadcast in their entirety.

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

Additional conditions of licence applicable to CKMQ-FM Merritt

  1. Subject to condition of licence 5 set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009, the licensee shall refrain from soliciting or accepting local advertising for broadcast during any broadcast week when less than one-third of the programming aired is local. The definition of local programming shall be as set out in Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.
  2. The licensee shall operate the station under a musical format that is distinct at all times from what is provided by the rebroadcasting transmitters CIFM-FM-3 Merritt and CKBZ-FM-3 Merritt.  In addition, the licensee shall ensure that the majority of programming from content category 1 (spoken word) as defined in Revised content categories and subcategories for radio, Broadcasting Regulatory Policy 2010-819, 5 November 2010, broadcast on the station is distinct from what is provided by CIFM-FM-3 and CKBZ-FM-3.

Additional conditions of licence applicable to CKPK-FM Vancouver

  1. As an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations), the licensee shall devote at least 40% of its musical selections from content category 2 (Popular Music) in any broadcast week and between 6 a.m. and 6 p.m. from Monday to Friday to Canadian selections broadcast in their entirety.

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

  2. By no later than 30 November 2014, the licensee shall file, in a form deemed acceptable by the Commission, all proof of payment regarding the required contribution of $1,714,272.85 to Canadian content development that must be made in the broadcast year ending 31 August 2014 to comply with condition of licence 4 set out in Appendix 3 to Licensing of new radio stations to serve the Vancouver radio market, Broadcasting Decision CRTC 2008-117, 30 May 2008.
  3. To fulfill its original commitment to Canadian content development (CCD) set out in Appendix 3 to Licensing of new radio stations to serve the Vancouver radio market, Broadcasting Decision CRTC 2008-117, 30 May 2008, the licensee shall contribute, in addition to any contributions required under section 15 of the Radio Regulations, 1986, as amended from time to time, $1,714,272.85 to CCD in the 2014-2015 broadcast year, to be allocated as follows:
    • $400,000 to FACTOR;
    • $428,571 to Aboriginal Voices Radio Inc.; and
    • the remainder to an eligible CCD initiative as described in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006, as amended from time to time.

Additional condition of licence applicable to CIKT-FM Grande Prairie

  1. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations), in any broadcast week:
    • devote, in that broadcast week, a minimum of 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety; and
    • devote, between 6:00 a.m. and 6:00 p.m., in the period from Monday to Friday of the same broadcast week, 40% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

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

Additional condition of licence applicable to CIUP-FM Edmonton

  1. The licensee shall broadcast a two-hour Specialty Smooth Jazz program in each broadcast week.

Additional condition of licence applicable to CKNO-FM Edmonton and CKWD-FM Calgary

  1. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations):
    • devote, in each broadcast week, at least 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety; and
    • devote, between 6 a.m. and 6 p.m., in any period beginning on Monday of a week and ending on Friday of the same week, at least 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety.

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

Additional condition of licence applicable to CKWD-FM Calgary

  1. To fulfill its outstanding commitments to Canadian content development (CCD) set out in Appendix 3 of Licensing of new radio stations to serve Calgary, Alberta, Broadcasting Decision CRTC 2012-308, 24 May 2012, the licensee shall make annual over-and-above contributions of $1,250,000 in the 2018-2019 and 2019-2020 broadcast years and $729,133 in the 2020-2021 broadcast year.

    Of this amount, the licensee shall allocate at least 20% per broadcast year to FACTOR. The remaining amounts of this additional CCD contribution shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.

Additional condition of licence applicable to CKJH Melfort

  1. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 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 it broadcasts are selections released before 1 January 1981;
    • devote, in that broadcast week, a minimum of 30% of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and
    • devote, between 6 a.m. and 6 p.m., in the period from Monday to Friday of the same broadcast week, a minimum of 30% of its musical selections from content category 2 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,” and “musical selection” shall have the same meaning as that set out in the Regulations.

Reminder applicable to CFQX-FM Selkirk, CJJR-FM Vancouver, CJZN-FM Victoria and its transmitter CJZN-FM-1 Sooke, CKCE-FM Calgary, CKKQ-FM Victoria and its transmitter CKKQ-FM-1 Sooke, and CKQQ-FM Kelowna

Local radio stations are an important daily source of local news and information for communities. Holding a broadcasting licence 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.

The licensee proposed to broadcast the following weekly levels of news:

Although the Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006, 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 public notice, the Commission reminds the licensee that the above-noted 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.

Expectation applicable to all stations

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

Encouragement applicable to CHQX-FM Prince Albert and its transmitters CHQX-FM-1 Waskesiu Lake, CHQX-FM-2 La Ronge and CHQX-FM-3 Big River

The Commission encourages the licensee to continue to devote a minimum of 40% of all content category 2 (Popular Music) musical selections broadcast to Canadian musical selections, during each broadcast week, and between 6:00 a.m. and 6:00 p.m. Monday to Friday. The Commission notes that this level exceeds the 35% requirement for Canadian content category 2 musical selections set out in the Radio Regulations, 1986.

Appendix 3 to Broadcasting Decision CRTC 2021-382

Terms, conditions of licence, expectations and encouragements for the television programming undertakings listed in Appendix 1

Terms for CFJC-TV Kamloops, British Columbia and its transmitters CFJC-TV-3 Merritt, CFJC-TV-4 Clinton, CFJC-TV-5 Williams Lake, CFJC-TV-6 100 Mile House, CFJC-TV-8 Chase, CFJC-TV-11 Quesnel, CFJC-TV-12 Nicola, CFJC-TV-19 Pritchard; CKPG-TV Prince George, British Columbia and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie, CKPG-TV-5 Quesnel; CHAT-TV Medicine Hat, Alberta and its transmitters CHAT-TV-1 Pivot, Alberta and CHAT-TV-2 Maple Creek, Saskatchewan

The licence will expire 31 August 2023.

Conditions of licence applicable to all stations

  1. The licensee shall adhere to the conditions set out in the broadcasting licence for the undertaking, as well as to the conditions of licence set out in Appendix 1 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016, with the exception of condition 14, which is replaced by the following:

    14. The licensee shall, by 1 September 2019, provide described video for all English- and French-language programming that is broadcast during prime time (i.e., from 7 p.m. to 11 p.m.) and that is drawn from program categories 2(b) Long-form documentary, 7 Drama and comedy, 9 Variety, 11(a) General entertainment and human interest and 11(b) Reality television, and/or is programming targeting preschool children (0-5 years of age) and children (6-12 years of age).

  2. In accordance with paragraph 90 of Policy framework for local and community television, Broadcasting Regulatory Policy CRTC 2016-224, 15 June 2016, the television station is declared to be a “designated local television station.” The station will maintain this designation for the duration of the licence term as long as the television station remains in operation.
  3. Pattison Media Ltd. shall be responsible for any non-compliance by Pattison Media Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership, or Merritt Broadcasting Ltd. in regards to their regulatory obligations that would have occurred over the licence term preceding Pattison Media Ltd.’s first licence term as a result of the issuance of Various radio and television undertakings – Acquisition of assets (corporate reorganization), Broadcasting Decision CRTC 2021-382, 15 November 2021, if any such non-compliance is identified during the next licence renewal.

Locally reflective news

  1. In accordance with Policy framework for local and community television, Broadcasting Regulatory Policy CRTC 2016-224, 15 June 2016, the licensee shall devote, in each broadcast year, not less than 27.5% of the station’s previous broadcast year’s gross revenues to investments in locally reflective news or on acquisition thereof.
  2. In each broadcast year of the licence term, excluding the final year,
    • the licensee may expend an amount on locally reflective news that is up to 5% less than the minimum required expenditure for that year.
    • where the licensee expends an amount for that year on locally reflective news that is greater than the minimum required, the licensee may deduct that amount from the minimum required expenditure in one or more of the remaining years of the licence term.
    • the licensee shall ensure that the television station expends on locally reflective news the total of the minimum required expenditures calculated in accordance with condition 4.
  3. The licensee shall broadcast at least 5.25 hours of locally reflective news in each broadcast week.

Canadian programming expenditures

  1. The licensee shall in each broadcast year devote to the acquisition of or investment in Canadian programming a minimum of 34% of the previous broadcast year’s gross revenues of the undertaking.
  2. Subject to condition 9, the licensee may claim, in addition to its expenditures on Canadian programming:
    • a 50% credit against its Canadian programming expenditure requirements for expenditures made on Canadian programming produced by an Indigenous producer and claimed as Canadian programming expenditures during that broadcast year;
    • a 25% credit against its Canadian programming expenditure requirements for expenditures made on Canadian programming produced by an official language minority community producer and claimed as Canadian programming expenditures during that broadcast year. The licensee may claim the credit if:
    • the programing is produced in the province of Quebec and the original language of production is English; or
    • the programming is produced outside the province of Quebec and the original language of production is French.
  3. The licensee may claim the credits calculated in accordance with condition 8 until the expenditures made on Canadian programming produced by Indigenous producers and by official language minority community producers, including credits, reach a maximum of 10% of the Canadian programming expenditure requirement for the undertaking.
  4. In regard to Canadian programming expenditures:
    • In each broadcast year of the licence term, excluding the final year, the licensee may expend an amount on Canadian programming that is up to 5% less than the minimum required expenditure for that year calculated in accordance with condition of licence 7; in such case the licensee shall expend in the next broadcast year of the licence term, in addition to the minimum required expenditure for that year, the full amount of the previous year’s under-expenditure.
    • In each broadcast year of the licence term, excluding the final year, where the licensee expends an amount for that year on Canadian programming that is greater than the minimum required expenditure, the licensee may deduct that amount from the minimum required expenditure in one or more of the remaining years of the licence term.
    • Notwithstanding paragraphs (a) and (b) above, during the licence term, the licensee shall expend on Canadian programming, at a minimum, the total of the minimum required expenditures calculated in accordance with condition of licence 7.

Repurposing of the 600 MHz frequency band

  1. In regard to the repurposing of the 600 MHz frequency band in Canada:
    • The licensee is authorized to operate the television station and transmitters according to contours and technical parameters that differ from those approved in its most recent application and/or listed on its licence, to the extent that these new contours and technical parameters have been approved by the Department of Industry (the Department) as a result of the Department’s repurposing initiative of the 600 MHz frequency band as described in Decision on Repurposing the 600 MHz Band, SLPB-004-15, 14 August 2015 and its April 2017 Digital Television (DTV) Allotment Plan, Digital Television (DTV) Transition Schedule and the Broadcasting Procedures and Rules entitled BPR-11 – Broadcasting Television Application Procedures During the 600 MHz Transition.
    • For the purpose of the Broadcasting Distribution Regulations, the licensee is deemed to be operating the television station and transmitters under the contours and technical parameters approved by the Commission and in effect on 15 May 2017.
    • The above authorizations are valid only if the Commission receives confirmation from the Department that the revised contours and technical parameters resulting from the Department’s repurposing initiative of the 600 MHz frequency band satisfy the requirements of the Radiocommunication Act and the regulations made thereunder, and that a broadcasting certificate has been or will be issued to the licensee in respect of the revised parameters.

For the purposes of these conditions of licence:

“Indigenous producer” means an individual who self-identifies as Indigenous, which includes First Nations, Métis or Inuit, and is a Canadian citizen or resides in Canada, or an independent production company in which at least 51% of the controlling interest is held by one or more individuals who self-identify as Indigenous and are Canadian citizens or reside in Canada. For the purposes of this definition, “Canadian” includes a person who self-identifies as Indigenous and resides in Canada, and “Canadian company” includes a production company in which at least 51% of the controlling interest is held by one or more individuals who self-identify as Indigenous and reside in Canada.

“Local programming” means programming produced by either local stations with local personnel or locally based independent producers, that is of interest to the community or market served (i.e., locally relevant).

“Locally reflective news” means programming that meets the criteria set out in paragraphs 56 to 58 of Policy framework for local and community television, Broadcasting Regulatory Policy CRTC 2016-224, 15 June 2016.

“Official language minority community producer” means a company that meets the definition of “independent production company” and that:

or

Expectations

The standard expectations applicable to this licensee are set out in Appendix 1 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016.

Encouragements

The standard encouragements applicable to this licensee are set out in Appendix 1 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016.

Date modified: