Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2019-431: SI/2020-31
Canada Gazette, Part II, Volume 154, Number 7
Registration
SI/2020-31 April 1, 2020
BROADCASTING ACT
Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2019-431
P.C. 2020-151 March 13, 2020
Whereas the Canadian Radio-television and Telecommunications Commission (“Commission”), in its Broadcasting Decision CRTC 2019-431 of December 19, 2019, made a decision to renew the broadcasting licence of Sirius XM Canada Inc. to operate the national satellite subscription radio undertakings known as Sirius Canada and XM Canada;
Whereas, subsequent to the making of the decision, the Governor in Council received 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 satisfied that the decision does not derogate from the attainment of the objectives of the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act footnote a;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 28 of the Broadcasting Act footnote a, declines to set aside or refer back to the Commission for reconsideration and hearing the decision contained in Broadcasting Decision CRTC 2019-431 of December 19, 2019 to renew the broadcasting licence of Sirius XM Canada Inc. to operate the national satellite subscription radio undertakings known as Sirius Canada and XM Canada.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
To respond to a written petition, pursuant to section 28 of the Broadcasting Act, requesting the Governor in Council to refer back for reconsideration and hearing the Canadian Radio-television and Telecommunications Commission (CRTC) decision contained in Broadcasting Decision CRTC 2019-431 of December 19, 2019, renewing the broadcasting licence for the national satellite subscription radio undertakings Sirius Canada and XM Canada.
Objective
The objective of this Order is to communicate that the Governor in Council is declining to set aside or refer back to the CRTC for reconsideration and hearing the decision renewing the broadcasting licence for the national satellite subscription radio undertakings Sirius Canada and XM Canada.
Background
On March 12, 2019, the CRTC issued Broadcasting Notice of Consultation CRTC 2019-72, to consider, among other applications, the application by SiriusXM Canada Inc. to renew the broadcasting licence for the national satellite subscription radio undertakings Sirius Canada and XM Canada.
On May 16, 2019, the CRTC held a hearing, without the appearance of parties, to consider those applications.
On December 19, 2019, the CRTC issued Broadcasting Decision 2019-431, in which it renewed the broadcasting licence for the national satellite subscription radio undertakings Sirius Canada and XM Canada, from 2020 to 2024. In it, the CRTC required SiriusXM to allocate its annual Canadian content development (CCD) contribution as such: at least 22% to the Foundation Assisting Canadian Talent on Recordings, at least 12% to MUSICACTION and at least 6% to the Community Radio Fund of Canada. The remainder contribution will be allocated to other discretionary initiatives with an equal level of at least 45% to CCD initiatives in both the French- and English-language markets.
On February 1, 2020, the Governor in Council received a joint petition from the Association québécoise de l’industrie du disque, du spectacle et de la vidéo, the Alliance nationale de l’industrie musicale, the Association des professionnels de l’édition musicale and the Société professionnelle des auteurs et des compositeurs du Québec.
The petitioners request that the Governor in Council refer the decision back to the CRTC for reconsideration and hearing.
They argue that by not mandating equal funding contributions to the two linguistic markets, the CRTC’s decision will have a detrimental effect on the French-language musical industry and, consequently, that it derogates from the attainment of the policy objectives set out in subsection 3(1) of the Broadcasting Act.
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, and especially the impact of the CRTC decision on the reflection of official languages, on the enrichment of the cultural fabric of Canada, and on the development of Canadian expression, 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 2019-431 of December 19, 2019, renewing the broadcasting licence for the national satellite subscription radio undertakings Sirius Canada and XM Canada.
Implications
As such, the CRTC decision stands.
Departmental contact
Thomas Owen Ripley
Director General
Broadcasting, Copyright and Creative Marketplace
Department of Canadian Heritage
Telephone: 819‑997‑7449