HERI Committee Report
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Appendix 1 Chapter 5 RECOMMENDATION 5.1:1 The Committee recommends that the appropriate department develop a comprehensive and integrated Canadian programming policy and strategy that:
RECOMMENDATION 5.2: The Committee recommends that the existing point system for the certification, funding and production of Canadian television programming be redesigned to:
RECOMMENDATION 5.3: To achieve consistency and coherence, the Committee recommends that decisions about Canadian content be made by a centralized body mandated to administer Canadian content certification. RECOMMENDATION 5.4: The Committee recommends that a distinctive identifier be assigned to each Canadian program to facilitate tracking of investment, promotion, and eventual measurements of effectiveness (e.g., audience levels). RECOMMENDATION 5.5: The Committee recommends that the appropriate department evaluate the existing federal tax credit system that supports Canadian television programming to find means to improve the way support is managed and delivered to Canadian independent producers. RECOMMENDATION 5.6: The Committee recommends that the appropriate department investigate the feasibility of developing a more flexible tax credit system for Canadian television production (e.g., levels of support that increase with more involvement by Canadian creators). RECOMMENDATION 5.7: The Committee recommends that the mandates of the Canadian Television Fund (CTF) and Telefilm Canada be reviewed and refocused to ensure a clear separation of responsibilities and, where necessary, greater synergies in areas where responsibilities must be shared. This review should include suggestions for the governance of the CTF. RECOMMENDATION 5.8: The Committee recommends that the Department of Canadian Heritage investigate ways to create greater efficiencies in the administration of the CTF and Telefilm Canada, including the adoption of mechanisms that would allow for a centralized and harmonized application process and a reduced paper burden. RECOMMENDATION 5.9: The Committee recommends that the Equity Investment Program (EIP) used for television programming be evaluated to determine the costs and benefits of the current approach. RECOMMENDATION 5.10: The Committee recommends that the Canadian Television Fund be recognized by the government as an essential component of the Canadian broadcasting system. This recognition must include increased and stable long-term funding. The CRTC should be directed to oblige licensees, with the exception of small cable operators, to contribute to the CTF. RECOMMENDATION 5.11: The Committee recommends that the government consider establishing specific targets for all of its Canadian content policies and programs and that the appropriate agencies and departments report annually to Parliament on these targets. RECOMMENDATION 5.12: The Committee recommends that all changes to existing Canadian content policies and programs be evaluated at two-year intervals. RECOMMENDATION 5.13: The Committee recommends that the CRTC be directed by order in council to review its 1999 television policy for the exhibition of priority programming in prime time. Chapter 6 RECOMMENDATION 6.1: The Committee recommends that Parliament provide the CBC with increased and stable multi-year funding (3 to 5 years) so that it may adequately fulfill its mandate as expressed in the Broadcasting Act. RECOMMENDATION 6.2: The Committee recommends that for greater clarity the Broadcasting Act be amended to recognize the value of new media services as a complementary element of the CBC's overall programming strategy. RECOMMENDATION 6.3: The Committee recommends that the CBC deliver a strategic plan, with estimated resource requirements, to Parliament within one year of the tabling of this report on how it would fulfill its public service mandate to:
RECOMMENDATION 6.4: The Committee recommends that the impacts and outcomes of the CBC's strategic plans (for the delivery of local and regional programming; Canadian programming; and, cross-platform, new media initiatives) be reported on annually and evaluated every two years. These evaluations should meet Government of Canada program evaluation standards. RECOMMENDATION 6.5: The Committee recommends that the CBC submit a plan to Parliament detailing its needs for the digital transition and that it receive one-time funding to meet these needs. RECOMMENDATION 6.6: The Committee reaffirms the importance of public broadcasting as an essential instrument for promoting, preserving and sustaining Canadian culture and recommends that the government direct the CRTC to interpret the Broadcasting Act accordingly. Chapter 7 RECOMMENDATION 7.1: The Committee recommends that the Department of Canadian Heritage take immediate and appropriate action on the recommendations of the McGregor Report on the needs of Northern and Aboriginal broadcasters. RECOMMENDATION 7.2: The Committee recommends that the rules governing the Canadian Television Fund and Telefilm Canada be amended, in consultation with APTN and other Northern and Aboriginal stakeholders, to more effectively address the special needs and conditions of Aboriginal television production and broadcasting. RECOMMENDATION 7.3: The Committee recommends that the government develop a support strategy to ensure that Aboriginal programming intended for national audiences on APTN can be versioned in English or French, as required. RECOMMENDATION 7.4: The Committee recommends that the Governor in Council by order direct the CRTC to make it mandatory for all broadcasting distribution undertakings (BDUs), without exception, to distribute to all their subscribers the video and audio signals of the debates of Parliament via CPAC in both official languages. RECOMMENDATION 7.5: The Committee recommends that the CPAC signal distributed as part of the basic cable service be protected from displacement by closed circuit video programming, and that the Broadcasting Distribution Regulations be amended in this regard if necessary. RECOMMENDATION 7.6: The Committee recommends that the appropriate department review the mandate of Radio Canada International, with a view to identifying the necessary resources required to strengthen its services. RECOMMENDATION 7.7: The Committee recommends that the CRTC permit the national distribution of all English and French provincial educational broadcasters. RECOMMENDATION 7.8: The Committee recommends that the Broadcasting Act be amended to recognize not-for-profit public broadcasters as an integral part of the Canadian broadcasting system. RECOMMENDATION 7.9: The Committee recommends that the CRTC be directed to ensure that audiences have fair access to not-for-profit public broadcasters on broadcasting distribution undertakings. Chapter 8 RECOMMENDATION 8.1: The Committee recommends that the Department of Canadian Heritage create a committee composed of radio industry stakeholders to review and determine the level of success of the MAPL system. This study should include a review of definitions of Canadian content and the ways in which the system can foster the development of new artists. RECOMMENDATION 8.2: The Committee recommends that the Department of Canadian Heritage, in collaboration with the CRTC and radio industry stakeholders, develop a strategy to monitor and report annually on the extent to which the public policy goals for Canadian radio are being achieved. RECOMMENDATION 8.3: The Committee recommends that the appropriate department study the annual orbital slot licence fees charged to Canada's satellite companies to ensure that they do not place an unreasonable burden on the capacity of these companies to compete internationally. RECOMMENDATION 8.4: The Committee recommends that the Department of Finance and the Treasury Board, in conjunction with the Department of Canadian Heritage and the CRTC, study the rationale and fairness of Part II licence fees that are currently charged to broadcasters and distributors with a view to their elimination if found to be discriminatory. The results of this study should be reported to Parliament within one year of the tabling of this report. RECOMMENDATION 8.5: If it is determined that Part II licence fees should be eliminated or reduced, the Committee recommends that the CRTC, in consultation with the Department of Canadian Heritage and relevant broadcasting industry stakeholders, be encouraged to develop a plan for the reallocation of all or a portion of the former value of Part II fees back into the Canadian broadcasting system. RECOMMENDATION 8.6: The Committee recommends that the Government of Canada study the existing tax-credit system for advertisers with a view to making changes that would encourage the increased production of local, regional and national Canadian-made broadcast advertisements. RECOMMENDATION 8.7: The Committee recommends that the CRTC study the feasibility of imposing a requirement that Canadian broadcasters show a certain percentage of Canadian-made advertisements. Chapter 9 RECOMMENDATION 9.1: The Committee recommends that the CRTC require all broadcast distribution undertakings to provide community groups and volunteers with greater access to community television facilities for the production of local and community television programming. RECOMMENDATION 9.2: The Committee recommends that the Department of Canadian Heritage develop a Community, Local and Regional Broadcast Policy in consultation with key broadcasting industry stakeholders, including public, private, community, educational and not-for-profit broadcasters and related interest groups. RECOMMENDATION 9.3: The Committee recommends that the Government of Canada take steps to ensure that the departments and agencies responsible for the Canadian broadcasting system continue to treat the system as a single system. RECOMMENDATION 9.4: The Committee recommends that the federal government by order-in-council direct the CRTC to revisit its decision to exempt direct-to-home (DTH) satellite services from the provision of community television services. RECOMMENDATION 9.5: The Committee recommends that the Government of Canada investigate the feasibility of creating new digital channels for the distribution of the best of Canada's community, local and regional programming to Canadians. RECOMMENDATION 9.6: The Committee recommends that the CRTC work with broadcasting industry stakeholders to find a solution for the carriage of local signals via direct-to-home (DTH) satellite, to ensure as much local programming as is appropriate and feasible is made available to subscribers. This solution, however, should not lead to reduced contributions by DTH satellite service providers to the Canadian Television Fund. RECOMMENDATION 9.7: The Committee recommends that the government by order-in-council direct the CRTC to require Canada's direct-to-home (DTH) satellite service providers to carry the signals of local television stations of the CBC/SRC. RECOMMENDATION 9.8: The Committee recommends that the Department of Canadian Heritage create a Local Broadcasting Initiative Program (LBIP) to assist in the provision of radio and television programming at the community, local and regional levels. RECOMMENDATION 9.9: The Committee recommends that the Department of Canadian Heritage in collaboration with the CRTC be required to issue an annual report on community television. This report should include information on training, citizen access and involvement (paid and volunteer), types of support and the hours and range of programming produced. RECOMMENDATION 9.10: The Committee recommends that the changes to community, local and regional broadcasting that result from the implementation of the recommendations made in this report be evaluated by the appropriate department within two years of their introduction and at reasonable intervals thereafter (e.g., every five years). These reports should also be submitted to this Committee. Chapter 10 RECOMMENDATION 10.1: The Committee recommends that section 3.(1)(o) of the Broadcasting Act be amended to read "programming that reflects the Aboriginal cultures of Canada should be provided within the Canadian broadcasting system;" This amendment would remove the qualifying phrase "as resources become available for the purpose." RECOMMENDATION 10.2: The Committee recommends that a fund be developed by the appropriate government department to assist Northern and Aboriginal broadcasters with capital equipment replacement costs. RECOMMENDATION 10.3: The Committee recommends that the Northern Native Broadcast Access Program be preserved and that its funding be made stable and increased to reflect a reasonable inflationary increment. RECOMMENDATION 10.4: The Committee recommends that funds provided for the distribution of Northern programming (e.g., the Northern Distribution Program) adequately cover the cost of distribution. RECOMMENDATION 10.5: The Committee recommends that the appropriate departments, in collaboration with public and private broadcasters, develop a training program for Northern and Aboriginal broadcasters. RECOMMENDATION 10.6: The Committee recommends that the Northern Native Broadcast Access Program, the Northern Distribution Program and related support measures be evaluated two years after renewed funding is made available. RECOMMENDATION 10.7: The Committee recommends that the CRTC require direct-to-home satellite services to provide CBC North programming to Canada's Northern regions. Chapter 11 RECOMMENDATION 11.1: The Committee recommends that the CRTC be directed to strengthen its policies on the separation of newsroom activities in cross-media ownership situations to ensure that editorial independence is upheld. RECOMMENDATION 11.2: The Committee recommends that the CRTC put in place a mechanism to ensure the editorial independence of broadcasting operations. A report to Parliament should be made by an appropriate authority (e.g., the Canadian broadcasting monitor) on an annual basis. RECOMMENDATION 11.3: The Committee recommends that the Government of Canada issue a clear and unequivocal policy statement concerning cross-media ownership before 30 June 2004. RECOMMENDATION 11.4: Until the Government of Canada declares its policy on cross-media ownership, the Committee recommends that:
RECOMMENDATION 11.5: The Committee recommends that the existing foreign ownership limits for broadcasting and telecommunications be maintained at current levels. Chapter 12 RECOMMENDATION 12.1: The Committee recommends that the responsible federal departments and agencies develop a comprehensive plan for the digital transition in conjunction with the broadcasting industry and related public, private and not-for-profit stakeholders. RECOMMENDATION 12.2: The Committee recommends that the digital transition be managed in such a way that the broadcasting system provides fair and open access to distributors, broadcasters, listeners and viewers. RECOMMENDATION 12.3: The Committee recommends that appropriate hardware and software standards be established to protect listeners' and viewers' investments in digital technology and to prevent the use of proprietary technology and anti-competitive behaviour that may limit fair competition and access to subscribers. RECOMMENDATION 12.4: The Committee recommends that regulations be developed to prevent the manipulation or change in any way by distributors of signals downloaded to or by subscribers. RECOMMENDATION 12.5: The Committee recommends that local stations should continue to have priority carriage through the digital transition. RECOMMENDATION 12.6: The Committee recommends that simultaneous substitution be preserved during the digital transition. RECOMMENDATION 12.7: The Committee recommends that government policy allow all broadcasters and distributors to benefit fairly from the potential revenues available from a variety of new sources associated with their regulated activities. RECOMMENDATION 12.8: The Committee recommends that the CRTC develop regulations to ensure that the data collected by broadcasters and/or broadcasting distribution undertakings from the interactive and feedback capabilities of set-top boxes and other digital devices be in compliance with applicable privacy and consumer laws. RECOMMENDATION 12.9: The Committee recommends that the government work with broadcasting industry stakeholders to ensure that measurement and reporting techniques are devised to gauge the spread of Canadians' uses of digital technologies. RECOMMENDATION 12.10: The Committee recommends that the Department of Canadian Heritage establish a cost-sharing strategy to ensure that the archival footage of Canada's broadcasters is not lost due to deterioration. Chapter 15 RECOMMENDATION 15.1: The Committee recommends that section 3(p) of the Broadcasting Act be amended to read "programming accessible by disabled persons should be provided within the Canadian broadcasting system;" This amendment would remove the qualifying phrase "as resources become available for the purpose." RECOMMENDATION 15.2: The Committee recommends that a training program for closed captioning and descriptive video services be developed and funded by the federal government. RECOMMENDATION 15.3: The Committee recommends that the federal government develop a program to assist broadcasters in providing closed-captioning and descriptive video services. RECOMMENDATION 15.4: The Committee recommends that once the appropriate training and assistance programs are in place, that escalating conditions for the amount of captioning and descriptive video provided by broadcasters be phased in with a view to reaching a target of 100% for captioning and descriptive video services. RECOMMENDATION 15.5: The Committee recommends that the Broadcasting Act explicitly instruct the CRTC to set rigorous requirements and enforcement mechanisms to eliminate discriminatory practices by broadcasters. These instructions must explicitly include the requirement that captioning and descriptive video services be phased in for all television programming with a view to reaching a target of 100% captioning and video descriptive services. RECOMMENDATION 15.6: The Committee recommends that the federal government amend the Broadcasting Act to enable the CRTC to make regulations establishing criteria for the awarding of intervener expenses to those applicants who need access to the Commission so that the voice of community concerns and challenges can be heard. Chapter 16 RECOMMENDATION 16.1: The Committee recommends that the CRTC permit Canadian broadcasting distribution undertakings to offer a wider range of international programming, while being respectful of Canadian content regulations. Chapter 17 RECOMMENDATION 17.1: The Committee recommends that the Department of Foreign Affairs and International Trade maintain the government's position that culture not be part of any ongoing and future international trade negotiations. RECOMMENDATION 17.2: The Department of Canadian Heritage should participate as fully as possible in any international discussions on broadcasting regulation. RECOMMENDATION 17.3: The Committee expresses its support for increased funding for efforts to enhance diversity in Canadian broadcasting. The CRTC, the CBC and the Canadian Television Fund should seek ways to ensure that their policies and procedures reflect the need to enhance diversity. Chapter 18 RECOMMENDATION 18.1: The Committee recommends that the Department of Canadian Heritage, in consultation with the Standing Committee on Canadian Heritage, develop criteria and guidelines by 30 June 2004, governing the nomination of CRTC commissioners as well as members to the Board of Directors of the CBC. RECOMMENDATION 18.2: The Committee recommends that the CRTC be reduced in size from 13 to 9 commissioners and that the abolition of regional commissioners be considered. Proper consideration should also be given to ensuring that there is a linguistic and regional balance and that a diversity of viewpoints and experiences is reflected in the membership. RECOMMENDATION 18.3 The Committee recommends that to avoid an actual or potential conflict of interest or unfair advantage or the appearance of it, a person who resigns or otherwise ceases to hold office as a member or senior staff employee of the Canadian Radio-television and Telecommunications Commission shall not hold a paid or unpaid position within an industry regulated by the CRTC for a period of two years after their employment or membership ceases. This requirement shall be made a condition of Commission employment or membership. During this time, they should receive up to 75% of their regular salary if they are unable to find suitable employment other than in the broadcast industry. Chapter 19 RECOMMENDATION 19.1: The Committee recommends the creation of a department of communications, responsible for the Government of Canada's support for broadcasting, telecommunications and cultural industries. RECOMMENDATION 19.2: The Committee recommends that the government consider whether a comprehensive communications Act is required to integrate the existing Broadcasting Act, Telecommunications Act and Canadian Radio-television and Telecommunications Act into one piece of legislation. RECOMMENDATION 19.3: The Committee recommends that the responsible department develop a detailed and comprehensive policy statement for Canada's broadcasting system. This policy statement should expand on section 3 of the Broadcasting Act and include appropriate definitions of key terms. RECOMMENDATION 19.4: The Committee recommends that the mandates of the CBC, Telefilm, NFB and the CTF be more precisely related to the goals of the broadcasting system. In developing these requirements government officials should work with all interested parties, and pay special attention to ensuring a consistent approach to reporting results. RECOMMENDATION 19.5: The Committee recommends that the Government of Canada review the CRTC's mandate with a view to refocusing its role on cultural objectives, clarifying its role and establishing clear limits on its power to supervise, regulate, create and manage programs. This review should include consideration of how the CRTC is to relate to other agencies and organizations within the broadcasting system. RECOMMENDATION 19.6: The Committee recommends that the Government of Canada should require as part of a redefined CRTC mandate that CRTC regulations be reviewed by the appropriate department and approved by the Governor in Council. RECOMMENDATION 19.7: The Committee recommends that the Government of Canada should as part of its review of the mandate of the CRTC clarify the respective roles and responsibilities of the CRTC and the Competition Bureau with respect to broadcasting. RECOMMENDATION 19.8: The Committee suggests that the Standing Committee on Industry carry out a review of the role and resource requirements of the Competition Bureau as it relates to competition within Canada's broadcasting system. RECOMMENDATION 19.9: The Committee recommends that the CRTC's regulatory supervision of the CBC be limited to the approval of new licence applications. RECOMMENDATION 19.10: The Committee recommends that the federal government invite the CBC to come forward with a plan outlining its needs for additional radio and television licences for consideration by Parliament and the CRTC. RECOMMENDATION 19.11: The CRTC should have the power to impose a wider range of sanctions and more costly fines on those who fail to comply with regulations and in turn be directed to enforce these breaches of regulation. RECOMMENDATION 19.12: Once the mandate review of the CRTC has been completed, the Committee recommends that the Government of Canada ensure that the CRTC has the necessary resources and flexibility to carry out its redefined and clarified responsibilities. RECOMMENDATION 19.13: The Committee recommends that a renewed broadcasting policy include clear, measurable goals and objectives as well as a process for evaluation and accountability. RECOMMENDATION 19.14 The Committee recommends that performance reporting requirements that match those of the Government of Canada's Treasury Board and are related to the goals of the broadcasting system be added to the mandates of the CBC, Telefilm, the National Film Board and the portion of the CTF that is supported by public funds. RECOMMENDATION 19.15: The Committee recommends that the responsible departments and stakeholders put in place a mechanism to collect relevant, timely and comparable performance measures on the Canadian broadcasting system. This mechanism should include measures to assess how well the Canadian broadcasting system is performing compared to the systems of other jurisdictions. RECOMMENDATION 19.16: The Committee recommends that representatives from the responsible departments and agencies form a broadcast reporting and measurement committee to develop a public accountability framework and measurement system. RECOMMENDATION 19.17: The Committee proposes the creation of a Canadian broadcasting monitor, incorporated into the Office of the Auditor General, to report annually on how well the objectives of the Broadcasting Act are being met.
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