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Privacy and Security
Transparency

2.0 The CRTC, policies, and regulation

2.1 The CRTC

The CRTC is an independent public authority in charge of regulating and supervising Canadian broadcasting and telecommunications. It serves the public interest and its power and jurisdiction are set out in the Acts. The CRTC reports to Parliament through the Minister of Canadian Heritage. The Governor in Council may issue directions of general application to the Commission on matters with respect to the telecommunications, broadcasting, or regulatory policy objectives set out in the Acts.

The components of broadcasting policy set out in section 3 of the Broadcasting Act are directly or indirectly tied to the cultural, social, political, and economic fabric of Canada, while those of the Telecommunications Act, as set out in section 7 of that Act, are tied to the social and economic fabric of the country.

Access to Canadian content, in particular its creativity and availability to Canadians, is the underlying principle of the broadcasting objectives. Canadian content must not only exist, it should also be available to all Canadians both as participants in the industry and as members of the audience. To achieve the objectives of the Broadcasting Act, the Commission is guided by the regulatory policy objectives set out in subsection 5(2) of that Act, which requires the Commission to regulate and supervise the broadcasting system in a flexible manner that, among other things, takes into account regional concerns, is adaptable to technological developments, and facilitates the provisioning of broadcasting Canadian programs to Canadians.

With respect to telecommunications, pursuant to the Telecommunications Act, the Commission strives to ensure the provision of reliable and affordable telecommunications services of high quality accessible to both urban and rural area customers, to foster facilities-based competition, to provide incumbents with incentives to increase efficiencies and be more innovative, and to adopt regulatory approaches, where necessary, that impose the minimum regulatory burden possible.

Since December 2006, the Commission has applied the Policy Direction⁴ in the exercise of its powers and the performance of its duties under the Telecommunications Act. The Policy Direction mandates the CRTC to rely on market forces to the maximum extent feasible and regulate, where there is still a need to do so, in a manner that interferes with market forces to the minimum extent necessary. The Policy Direction specifies criteria to encourage effective regulation which must be met by any new regulatory measure. The Policy Direction further directs the CRTC to adopt operational practices that promote more efficient, informed, and timely regulation where it is required.

In addition to implementing the policy objectives in its governing legislation, the Commission also seeks to ensure that its regulatory frameworks for the Canadian broadcasting and telecommunications industries are keeping pace with emerging technologies. In all of its activities, the Commission is guided by four basic working principles: transparency, fairness, predictability, and timeliness. Consequently, it endeavours to make and publish its decisions promptly with a clear rationale and to regulate only where necessary, and then in the least intrusive manner possible. To further the transparency of Commission processes, the CRTC prepares each year (a) a summary of its activities related to the Canadian broadcasting and telecommunications industries, and (b) its three-year work plan in consultation with industry stakeholders. These documents are available to the public on the CRTC's website.⁵