CHPC Committee Report

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Minority Opinion

Conservative Party of Canada

At the meeting of the Standing Committee on Canadian Heritage (CHPC) on November 20, 2006, by unanimous consent it was agreed, “That this committee undertake a full investigation of the role of a public broadcaster in the 21^st century, an examination of the various services including the adequacy of regional programming, and an examination of the issues posed by new media; the study will gather public input from stakeholders and deliver a report to the Minister advising her of our findings; this undertaking shall commence upon the return of the House in January 2007.”[1] This motion set out the purpose and direction of the study that has resulted in this report. It is important to note that the investigation was to be on the role of a public broadcaster generally in the 21^st century, and not of any one particular public broadcaster specifically.

This report, however, deviated from its mandate almost immediately and the study quickly focused on the role CBC/Radio-Canada as a public broadcaster in the 21^st century. Appendix A: Terms of Reference for the Study lists as its first suggested study theme: “The Role of the CBC/Radio-Canada as a Public Broadcaster in the 21^st Century.”[2] In fact, all four suggested study themes name CBC/Radio-Canada as the focus. Naturally, this determined the trajectory of the study as it moved away from its original purpose and towards a report on the mandate of CBC/Radio-Canada.

Even so, the study of CBC/Radio-Canada proved to be an enlightening process, and one which saw the committee members making great steps towards consensus. When it became apparent that there were simply issues upon which consensus could not be reached, we sought to include this minority report. For sake of clarity, each recommendation included in the committee report will be commented on in turn.

Recommendations:

RECOMMENDATION 1.1: The Standing Committee on Canadian Heritage recommends that the CBC/Radio-Canada continue in its role as Canada’s public broadcaster, an institution at the center of cultural, political, social, and economic life in Canada, and a key component of Canada’s broadcasting system.

We agree with this recommendation.

RECOMMENDATION 1.2: “The Committee recommends that the CBC/Radio-Canada continue to be predominantly and distinctively Canadian.”

We agree with this recommendation.

RECOMMENDATION 1.3: The Committee recommends that prime time hours, from 7:00 to 11:00 pm, Monday to Friday, on the CBC/Radio-television networks, should be reserved for Canadian productions.

We do not support recommendations such as this one as they interfere with the day-to-day operations of CBC/Radio-Canada. The Government members of this committee have always been clear that we disagree with recommendations that micro-manage our independent public broadcasting corporation. The folly of a recommendation like 1.2 is evident by way of example: If CBC/Radio-Canada was bound to follow this particular recommendation they would not be permitted to show classic Christmas movies during prime-time on Christmas Eve, unless it happened to fall on a weekend.

RECOMMENDATION 1.4: The Standing Committee on Canadian Heritage recommends that when services cannot be distributed directly, CBC/Radio-Canada should negotiate fair and equitable agreements with its affiliates to ensure that all Canadians have access to their national public broadcaster.

Under the Broadcasting Act, CBC/Radio-Canada must provide broadcasting services to all Canadians. We affirm this recommendation as it reinforces the importance of having Canada’s public broadcaster accessible by all Canadians.

RECOMMENDATION 1.5: The Committee considers that CBC/Radio-Canada should increase the number of programs that reflect all regions of Canada, including prime time programming.

We agree that it is essential for Canada’s public broadcaster to reflect the regions of Canada in its programming. Section 3(1)(m)(ii) of the Broadcasting Act already makes this a requirement. While this recommendation addresses CBC/Radio-Canada specifically, it could easily fit the original mandate of the report (to study the role of a public broadcaster, generally) if the wording were changed from “…should increase the number of programs…” to “…must have programs…”.

RECOMMENDATION 1.6: The Committee recommends an increase in the variety, drama, news, public affairs and documentary programming produced by the regional CBC/Radio-Canada stations and independent producers.

Our response to this recommendation is identical to that of recommendation 1.4 above.

RECOMMENDATION 1.7: The Committee recommends that CBC/Radio-Canada devote a greater share of its programming to the arts (music, books, film, dance and theatre performances) and that these programs reflect the cultural diversity of the regions.

While we agree that CBC/Radio-Canada must reflect the cultural diversity of Canada and its regions, the question that is not answered in the committee report is: What is an appropriate amount of arts programming, and what form should the programming take? It is an important question, and one that cannot be answered quickly or without careful consideration.

RECOMMENDATION 1.8: The Committee calls upon the television and radio services of CBC/Radio-Canada to meet the needs of official-language minority communities more fully and to offer programming that better reflects their reality.

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Without question, a public broadcaster in Canada must meet the needs of official-language communities as required by section 3(1)(m)(iv) in the Broadcasting Act. This recommendation does not necessarily call upon CBC/Radio-Canada to do anything new, but to ensure that they are fulfilling their responsibilities in the most effective way possible. Our Government has always supported official-languages in Canada, and encourages CBC/Radio-Canada to always improve and innovate on meeting this essential responsibility.

RECOMMENDATION 1.9: The Committee calls upon CBC/Radio-Canada to develop an accountability framework, in conjunction with official-language minority communities, setting clear qualitative and quantitative objectives for CBC/Radio-Canada for content of news, dramas and variety programming.

Again, we affirm our comments on recommendation 1.7 above. Our official-language minority communities deserve the very best services, as do Canadians across the country.

RECOMMENDATION 1.10: The Committee wishes to stress how important it is for CBC/Radio-Canada to contribute to shared national consciousness and identity, as stipulated in subparagraph 3(1)(m)(vi) of the Broadcasting Act.

We agree with this recommendation.

RECOMMENDATION 1.11: The Committee supports CBC/Radio-Canada in its efforts to reflect Canada’s cultural diversity and a gender balance. We encourage the Corporation to pursue new initiatives allowing contemporary Canada to be represented among all its creators and contributors.

We agree with this recommendation. Our Government believes Canada’s diversity one of our greatest strengths.

RECOMMENDATION 1.12: The Standing Committee on Canadian Heritage recommends maintaining the current provisions of the statutory mandate of the CBC/Radio-Canada as set out in paragraphs 3(1)(l) and (m) of the Broadcasting Act, except as to recommendation 2.4, which adds the role of the new media.

While we do not oppose the spirit of this recommendation, in that it affirms the current provisions of CBC/Radio-Canada’s current mandate, it is confusing in its wording. Section 3(1)(d)(iv) of the Broadcasting Act says that, “the Canadian broadcasting system should be readily adaptable to scientific and technological change.” We believe this technology-neutral provision already includes the role new media can play in CBC/Radio-Canada achieving its mandate. This current provision is clear and adaptable, while recommendation 1.12 is unclear.

RECOMMENDATION 1.13: The Committee recommends the ratification of a seven-year memorandum of understanding between the Government of Canada and CBC/Radio-Canada, setting out the respective responsibilities of the signatories. The Standing Committee on Canadian Heritage would be responsible for reviewing the memorandum of understanding and will conduct public consultations as required.

We agree that it is vital to a public broadcaster to have a long-term, predictable agreement with the Government, setting out mutual responsibilities. Such an agreement would also address stable multi-year funding. With that said, we fully agree with the first statement of this recommendation. However, it is the Government of Canada and CBC/Radio-Canada who would negotiate and ratify this agreement, and not a Parliamentary Standing Committee. The Government alone has the authority in the negotiation process, and so we cannot support the second statement in this recommendation.

RECOMMENDATION 2.1: Recognising the need for Canadian public spaces in the online environment, the Committee recommends that the CBC/Radio-Canada continue to develop its Internet presence and to make its content accessible online for Canadians.

We agree with this recommendation, and affirm CBC/Radio-Canada in all its efforts to develop its online presence.

RECOMMENDATION 2.2: The Committee recommends that the CBC/Radio-Canada build on its new media foundations and continue to pursue new and innovative ways of connecting Canadians of all ages to each other and to their national public broadcaster.

We agree with this recommendation.

RECOMMENDATION 2.3: The Committee recommends that the Government of Canada should amend the Broadcasting Act to include digital media and emerging technologies as an integral aspect of achieving the CBC/Radio-Canada mandate and reaching out to Canadians.

Once again, while we do not disagree with the spirit of this recommendation, we believe Section 3(1)(d)(iv) of the Broadcasting Act clearly calls upon CBC/Radio-Canada to adapt to technological change, and therefore already addresses the issues highlighted by this recommendation. Amending the Act to include a specific reference to one kind of technology, namely digital media, would actually serve to limit the flexibility of the act to itself adapt to technological change.

RECOMMENDATION 2.4: The Committee recommends that the Government of Canada include a clear role for digital media and emerging technologies in achieving the CBC/Radio-Canada mandate as part of the proposed seven year memorandum of understanding.

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We can fully agree with this recommendation. Unlike preceding one, this recommendation asks for a digital media and emerging technologies to have a role in the long-term agreement between the Government of Canada and the public broadcaster. This agreement would be reviewed after a set number of years, which will allow for the role of digital media to develop along with future changes in technology.

RECOMMENDATION 2.5: The Committee agrees that innovative use of new media is fundamental to the future relevance of the CBC/Radio-Canada. We therefore recommend that the CBC/Radio-Canada develop a digital media strategy to be submitted to the Department of Canadian Heritage. The plan should include cost estimates for the development and expansion of the Corporation’s new media endeavours relative to the goals of its mandate.

We agree with asking CBC/Radio-Canada to submit a plan as described in the recommendation. The Government members recognize, however, that CBC/Radio-Canada may choose to provide this information through the reports they already submit annually to the Minister of Canadian Heritage.

RECOMMENDATION 2.6: The Committee recommends that, in consideration of CBC/Radio-Canada’s global funding needs, the Government of Canada recognise the need for increased funding toward the development of new media initiatives to pursue the objectives of its mandate.

Please refer to our comments on recommendation 4.1 below for our response to this recommendation. Long-term, stable funding is the best, first step to addressing the funding needs of CBC/Radio-Canada.

RECOMMENDATION 2.7: The Committee notes the ongoing New Media Initiative undertaken by the CRTC. We recommend that, in its review, the Commission give consideration to the social and cultural, as well as the economic impact of internet broadcasting on the objectives of the Broadcasting Act.

RECOMMENDATION 2.8: The Committee recommends that, in its New Media Project Initiative, the CRTC give consideration to the role of public broadcasting and of CBC/Radio-Canada in particular, in the delivery of Canadian content across all platforms, and the extent to which public broadcasting should contribute to the development of a vibrant, sustainable Canadian programming environment.

RECOMMENDATION 2.9: The Standing Committee on Canadian Heritage recommends that the CRTC, as part of its New Media Project Initiative, consider the need to protect the neutrality of carriage of Canadian public broadcasting content, and of CBC/Radio-Canada content specifically, over new media platforms.

We disagree with all three of the above recommendations. In committee discussions we repeatedly reminded the committee members that this report is not a study of the CRTC, but of a public broadcaster in the 21^st century. We have always maintained, and still maintain, that if the committee wishes to make recommendations to an independent, arms-length regulatory body like the CRTC, it should do so clearly in a separate report.

RECOMMENDATION 2.10: The Committee recommends that Canadian ISPs be encouraged to voluntarily embrace the spirit of Section 3(1)(t)(i) of the Act in their approach to Canadian public broadcasting content delivered over the Internet.

Again, we disagree with a recommendation as out of place as this one. Like the recommendations immediately preceding it, this recommendation addresses neither a public broadcaster generally nor CBC/Radio-Canada specifically. Our Government has no plans of regulating the internet, nor do we support hiding a recommendation to ISPs in a report on the role of a public broadcaster in the 21^st century.

RECOMMENDATION 2.11: The Committee recommends that the CBC/Radio-Canada submit a revised plan for the conversion of its current system of OTA transmitters that includes options for possible partnerships and costing to extend its digital transmission signals free-to-air to all Canadians that currently receive their analogue transmission signals.

Like recommendation 1.4, this recommendation affirms the importance of ensuring all Canadians have access to the public broadcaster. We agree that CBC/Radio-Canada should plan for, and identify the costs of, reaching Canadians who currently receive over-the-air transmissions.

RECOMMENDATION 2.12: The Committee recommends that the CBC/Radio-Canada prepare a detailed programming plan for the roll out of its French and English language television HDTV. The plan should include the rationale and an explanation of how its plans connect with corporate objectives with respect to Canadian priority programming.

We have no opposition to CBC/Radio-Canada providing this information; however we expressed our concern that asking for a detailed plan on programming might be perceived as micro-managing.

RECOMMENDATION 2.13: The Committee recommends that the CBC/Radio-Canada submit an updated financial plan to the Department of Canadian Heritage for the transition to HD/DTV.

We support every effort by CBC/Radio-Canada to undertake wise financial planning for the transition to HD/DTV.

RECOMMENDATION 2.14: The Committee recommends that the Department of Canadian Heritage prioritize its response to the CBC/Radio-Canada plan and provide one time funding for the capital costs associated with the transition to HD/DTV and recurrent funding to cover the increased operational costs of transmission and distribution of HD signals.

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RECOMMENDATION 3.1: The Committee encourages CBC/Radio-Canada to explore the possibility of developing partnerships with the National Film Board of Canada.

We agree with this recommendation. Any partnerships that benefit Canadians, CBC/Radio-Canada, and the National Film Board of Canada are worth exploring.

RECOMMENDATION 3.2: The Committee recommends that CBC/Radio-Canada play an increased role in the development, promotion and distribution of Canadian feature films.

This recommendation is unacceptable as we do not believe it is responsible to ask a public broadcaster to become a feature film company. There are already companies that focus exclusively on this specialized market, and we do not agree that a public broadcaster, CBC/Radio-Canada or otherwise, should be directed to compete with such companies in the developing, promoting and distributing Canadian feature films.

RECOMMENDATION 4.1: The Standing Committee on Canadian Heritage recommends that the Government of Canada commit to stable, multi-year funding for CBC/Radio-Canada, indexed to the cost of living. Funding should be for a period of not less than seven years and be established by means of the proposed memorandum of understanding.

We agree with this recommendation. The Government members recognize how important long-term, predictable funding is to a public broadcaster. This is the best, first step to take in addressing the concerns expressed by CBC/Radio-Canada regarding public funding. The arrangement recommended above allows for a well-planned, informed funding approach that can take into consideration the short, medium, and long-term needs of CBC/Radio-Canada.

RECOMMENDATION 4.2: The Government of Canada has approved additional one-time funding of $60 million annually since 2002. The Committee recommends that this parliamentary appropriation be permanently added to the core funding of the Corporation.

As stated in our comments on recommendation 4.1, the best, first step to take in addressing the funding needs of CBC/Radio-Canada is the stable, multi-year funding agreement. We cannot support inflexible recommendations that arbitrarily assign figures to the funding of CBC/Radio-Canada. Our members are disappointed that the report doesn’t recommend that CBC/Radio-Canada be invited to provide a full costing of the other recommendations of the committee report. We believe that responsible leadership involves costing out these recommendations before assigning fixed amounts to fund them. While we stand by this belief, and oppose this recommendation on that basis, we recognize that the opposition is not inclined to support costing out recommendations. Accordingly, our members would have inserted as Recommendation 4.10: “The Standing Committee on Canadian Heritage recommends that CBC/Radio Canada review the recommendations of this report and prepare a draft budget that reflects the costs of implementing the recommendations.”

RECOMMENDATION 4.3: The Standing Committee on Canadian Heritage recommends to the Government of Canada that any broadening of or addition to the mandate be appropriately reflected in the CBC/Radio-Canada’s parliamentary appropriations.

We agree: CBC/Radio-Canada’s parliamentary appropriation should be reflective of their mandate.

RECOMMENDATION 4.4: The Standing Committee on Canadian Heritage recommends that CBC/Radio-Canada’s core funding be increased to an amount equivalent to at least $40 per capita.

Our comments on this recommendation are identical to those made on recommendation 4.2.

RECOMMENDATION 4.5: The Standing Committee on Canadian Heritage recommends that CBC/Radio Canada give the regions greater prominence in all its services.

Our comments on this recommendation are identical to those made on recommendation 1.5.

RECOMMENDATION 4.6: The Standing Committee on Canadian Heritage supports the strategic plan submitted to the Minister of Canadian Heritage in January 2007, which is designed to improve programming for local communities on the CBC/Radio-Canada’s English- and French-language radio services.

We support the intention of this recommendation.

RECOMMENDATION 4.7: The Standing Committee on Canadian Heritage recommends that CBC/Radio-Canada retain guaranteed access to the various existing public funding sources, including the Canadian Television Fund, in order to support the production and broadcast of Canadian audiovisual content.

Our comments on this recommendation are similar to those made on recommendation 4.2. The best, first step is to negotiate an appropriate stable, multi-year funding agreement between the Government of Canada and CBC/Radio-Canada. That agreement may include access to public funding sources such as the CTF, but should be negotiated between the Government and CBC/Radio-Canada.

RECOMMENDATION 4.8: The Committee recognizes the current necessity and value of advertising revenues from television and on new platforms, and accepts that the CBC/Radio-Canada continue to pursue those revenue streams. However, the Committee also recommends that the Government of Canada and CBC/Radio-Canada work toward decreasing CBC Radio-Canada’s relative dependency on advertising revenues for television programming.

Admittedly, the issue this recommendation speaks to is a challenging one. Along with the rest of the committee member, we recognize the value in having a public broadcaster that is funded by the Government and not exclusively by advertising revenues. Along with the rest of the committee, we also recognize that the advertising revenues currently collected by CBC/Radio-Canada are necessary to the Corporation as it exists today. We affirm that CBC/Radio-Canada must not compromise fulfilling its mandate in the pursuit of advertising revenue.

RECOMMENDATION 4.9: The Committee recommends, as part of the proposed Memorandum of Understanding, that negotiations between the Government and the CBC/Radio-Canada should address the reduction of the Corporation’s relative dependency on advertising revenues for television programming, without compromising service.

We agree that negotiations for stable, multi-year funding should address the challenging issue of advertising revenue collected by CBC/Radio-Canada. As the committee acknowledges in this recommendation, it is a delicate process to balance independence of the public broadcaster and quality of service.

RECOMMENDATION 6.1: The Standing Committee on Canadian Heritage recommends that CBC/Radio-Canada develop qualitative and quantitative performance indicators and clear targets for all six priorities and strategic areas identified in its Corporate Plan.

We agree with this recommendation.

RECOMMENDATION 6.2: The Standing Committee on Canadian Heritage recommends that all financial and accounting information be reported in the same way from both the French and English language networks to render possible comparisons between the two entities.

We agree with this recommendation.

RECOMMENDATION 6.3: The Standing Committee on Canadian Heritage recommends that CBC/Radio-Canada take inspiration from the model of accountability of the British Broadcasting Corporation, rooted in results-based management. It would include the publication of an annual report and financial statement reporting details, both qualitative and quantitative, on all activities of public interest and its budgeting plans. In these documents, CBC/Radio-Canada would provide a comprehensive report on its programming and financial information for each of its individual services. This would facilitate objective, rigorous and transparent evaluations.

While we have no opposition to the substance of this recommendation, we question if in fact it is asking CBC/Radio-Canada to undertake activities it is already doing.

RECOMMENDATION 6.4: The Standing Committee on Canadian Heritage recommends that all reports produced by the CBC, particularly those prepared for Parliament and especially the chapters about its operations, should be a comprehensive source of information, transparent, relevant and informative. This reporting should not, however, go so far as to compromise proprietary information that would put the Corporation at a competitive disadvantage.

RECOMMENDATION 6.5: The Standing Committee on Canadian Heritage recommends that the CBC/Radio-Canada report to the Committee, at its earliest convenience, on its progress pursuant to the recommendations made in the 2005 Special Examination Report carried out by the Office of the Auditor General.

RECOMMENDATION 7.1: In the interest of greater distribution and availability of Canadian content, the Committee recommends the CBC/Radio-Canada give greater priority to negotiating with artists and producers a fair and equitable sale and broadcast rights agreement over new and emerging platforms.

RECOMMENDATION 7.2: The Committee recommends that CBC/Radio-Canada move rapidly to acquire effective and operational captioning technology in order to offer captioning for 100% of its programming in real time.

RECOMMENDATION 7.3: The Committee recommends that the CBC/Radio-Canada build on its efforts to preserve the thousands of hours of radio and television programming broadcast by its national, regional and local services, so that Canadians have access to this audiovisual heritage.

RECOMMENDATION 7.4: Given the importance of the office of the ombudsman and the need for fair decisions, the Committee recommends that the individual be selected from persons other than current CBC/Radio-Canada employees, or persons who have not been employed by the Corporation within the 5 years prior to the proposed date of employment.

We agree with recommendations 6.4 through 7.4

[1] Standing Committee on Canadian Heritage, 39^th Parliament, 1^st Session, 20 November 2006, 1725.

[2] Report on the Role of a Public Broadcaster in the 21^st Century (Version 3, 11 February 2008), p.241.

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