Broadcasting Decision CRTC 2023-200

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Reference: Part 1 licence renewal application posted on 27 October 2022

Ottawa, 10 July 2023

Association des francophones du Nunavut
Iqaluit, Nunavut

Public record: 2022-0314-9

CFRT-FM Iqaluit – Licence renewal

Summary

The Commission renews the broadcasting licence for the French-language community radio station CFRT-FM Iqaluit, Nunavut, from 1 September 2023 to 31 August 2030.

Application

1. The Commission has the authority, pursuant to subsections 9(1) and 9.1(1) of the Broadcasting Act, to issue and renew licences and to make orders imposing conditions on the carrying on of a broadcasting undertaking that it considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1) of the Broadcasting Act.
2. On 10 June 2022, the Commission issued Broadcasting Notice of Consultation 2022-152,^{Footnote 1} which listed radio stations for which the broadcasting licences would expire 31 August 2023 and therefore needed to be renewed to continue their operations. In that notice of consultation, the Commission requested that the licensees of those stations submit renewal applications for their broadcasting licences.
3. In response, the Association des francophones du Nunavut filed an application to renew the broadcasting licence for the French-language community radio station CFRT-FM Iqaluit, Nunavut, which expires 31 August 2023.^{Footnote 2} The Commission did not receive any interventions in regard to this application.

Non-compliance

4. Paragraph 10(1)(i) of the old Broadcasting Act, which was in effect while the licensee’s application was being considered, granted the Commission the authority, in furtherance of its objects, to make regulations requiring licensees to submit to the Commission such information regarding their programs and financial affairs or otherwise relating to the conduct and management of their affairs as the regulations may specify.
5. Pursuant to this authority, the Commission made subsection 9(2) of the Radio Regulations, 1986 (the Regulations), which requires licensees to file an annual return, including financial statements, by no later than 30 November of a given year for the broadcast year ending the previous 31 August. The specific filing requirements, including the requirement to file financial statements, are set out in Broadcasting Information Bulletin 2011-795 and Circular No. 404.
6. Subsection 49(2) of the Online Streaming Act, which made a certain number of amendments to the Broadcasting Act when it came into force on 27 April 2023, stipulates that any regulation made pursuant to paragraph 10(1)(i) of the old Broadcasting Act is deemed to be an order made under section 9.1 of the new Broadcasting Act. Accordingly, subsection 9(2) of the Regulations is considered to be a condition of service pursuant to paragraph 9.1(1)(o) of the new Broadcasting Act, and licensees continue to be subject to this requirement.
7. According to Commission records, the licensee’s annual return for the 2020-2021 broadcast year was filed on 5 May 2022, more than five months after the 30 November 2021 deadline.
8. The Association des francophones du Nunavut stated that there has been confusion within its staff in regard to the filing of the annual return. It added that the lack of staff contributed to the non-compliance and that the station’s staff has put in place measures to prevent this from happening again.
9. In light of the above, the Commission finds the licensee in non-compliance with subsection 9(2) of the Regulations for the 2020-2021broadcast year.

Regulatory measures

10. The Commission’s approach to non-compliance by radio stations is set out in Broadcasting Information Bulletin 2014-608. Under that approach, each instance of non-compliance is evaluated in its context and in light of factors such as the number, recurrence and seriousness of the instances of non-compliance. The circumstances leading to the non-compliance, the arguments provided by the licensee and the actions taken to rectify the situation are also considered.
11. The Commission has examined the public record for this application and notes the licensee’s willingness to ensure the station’s compliance with regulatory requirements. With the new executive director and the measures put in place, the Commission is of the view that the radio station will be able to meet its requirements and that a short-term licence period is therefore not required. In addition, the Commission is sympathetic to the challenges of the community station serving an official language minority community. Accordingly, the Commission finds that it does not need to take further measures with respect to this issue.

Conclusion

12. In light of all of the above, the Commission renews the broadcasting licence for the French-language community radio programming undertaking CFRT-FM Iqaluit from 1 September 2023 to 31 August 2030.
13. Pursuant to subsection 49(1) of the Online Streaming Act, the conditions of licence that existed prior to the date of royal assent of that Act are deemed to be conditions imposed under an order made pursuant to section 9.1 of the new Broadcasting Act. As such, the conditions of licence for this licensee became conditions of service and continue to apply to the licensee. For ease of reference, the conditions of service for this licensee are set out in the appendix to this decision. Further, the formal broadcasting licence document issued to a licensee may set out additional requirements for the undertaking, relating to, for example, technical parameters or prohibitions on transfer. The licensee shall also adhere to any such requirements set out in the broadcasting licence for the undertaking.

Reminders

14. The Commission reminds the licensee that it must comply at all times with the requirements set out in the Broadcasting Act, the Regulations, its licence and its conditions of service.

Annual returns

15. Licensees are responsible for filing complete annual returns on time. As set out in Broadcasting Information Bulletin 2011-795, it is the licensee’s responsibility to ensure that all appropriate forms and documentation are included with its annual returns, and to contact the Commission if further clarification is required.

Force and effect of broadcasting licences

16. Pursuant to section 22 of the Broadcasting Act, the broadcasting licence renewed in this decision will cease to have any force or effect should the broadcasting certificate issued by the Department of Industry (also known as Innovation, Science and Economic Development Canada) lapse.

Practical guide for radio licence renewals

17. To learn more about the Commission’s review of compliance with requirements relating to radio licences, and about the radio renewal process, please consult the Commission’s Practical guide to radio licence renewals.

Secretary General

Related documents

• Call for licence renewal applications – Submission of renewal applications for broadcasting licences of radio stations expiring on 31 August 2023 – Regular renewal process, Broadcasting Notice of Consultation CRTC 2022-152, 10 June 2022, as corrected by Broadcasting Notice of Consultation CRTC 2022-152-1, 18 August 2022
• Various campus and community radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2021-299, 30 August 2021
• Various radio programming undertakings – Administrative renewals, Broadcasting Decision CRTC 2020-381, 27 November 2020
• Update on the Commission’s approach to non-compliance by radio stations, Broadcasting Information Bulletin CRTC 2014-608, 21 November 2014
• Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012
• Filing annual returns for radio programming undertakings, Broadcasting Information Bulletin CRTC 2011-795, 20 December 2011
• Requirements for the Filing of Financial Statements with the Broadcasting Annual Return, Circular No. 404, 23 August 1994

This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2023-200

Terms, conditions of service, expectations and encouragement for the French-language community radio programming undertaking CFRT-FM Iqaluit, Nunavut

Terms

The licence will expire 31 August 2030.

Conditions of service

1. The licensee shall adhere to the conditions of service set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012. Further, the licensee shall adhere 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 paragraphs 10(1)(a) or under paragraph 10(1)(i) of the old Broadcasting Act.^{Footnote 3}

Expectations

Updates on boards of directors of community and campus radio stations

The Commission expects all community and campus licensees to file yearly updates on the composition of their boards of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections, or at any other time. Licensees may submit such documentation via the Commission’s website.

Cultural diversity

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

Encouragement

Employment equity

The Commission considers that community radio stations should pay particular attention to employment equity in order to reflect fully the communities they serve. It encourages the licensee to consider employment equity in its hiring practices and in all other aspects of its management of human resources.

Date modified:

2023-07-10