Vol. 149, No. 5 — March 11, 2015

Registration

SI/2015-16 March 11, 2015

BROADCASTING ACT

Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2014-617

P.C. 2015-228 February 24, 2015

Whereas the Canadian Radio-television and Telecommunications Commission (“the Commission”), in its Broadcasting Decision CRTC 2014-617 of November 27, 2014, renewed the broadcasting licence of 3885275 Canada Inc. for the commercial ethnic radio programming undertaking CJSA-FM Toronto, Ontario, from December 1, 2014 to August 31, 2020;

Whereas, subsequent to the rendering of the decision to renew the broadcasting licence of 3885275 Canada Inc. for the commercial ethnic radio programming undertaking CJSA-FM Toronto, Ontario, the Governor in Council received petitions in writing requesting that that decision be set aside or referred back to the Commission for reconsideration and hearing;

And whereas the Governor in Council, having considered those petitions, is not satisfied that that decision derogates from the attainment of the objectives of the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act (see footnote a);

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 28 of the Broadcasting Act (see footnote b), declines to set aside or refer back to the Commission for reconsideration and hearing the decision, contained in Broadcasting Decision CRTC 2014-617 of November 27, 2014, to renew the broadcasting licence of 3885275 Canada Inc. for the commercial ethnic radio programming undertaking CJSA-FM Toronto, Ontario, from December 1, 2014 to August 31, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To respond to petitions, pursuant to section 28 of the Broadcasting Act (the Act), requesting the Governor in Council to set aside or refer back to the Canadian Radio-television and Telecommunications Commission (CRTC) for reconsideration and hearing, its decision, contained in Broadcasting Decision CRTC 2014-617, to renew the broadcasting licence of 3885275 Canada Inc. for the commercial ethnic radio programming undertaking CJSA-FM Toronto, Ontario, which broadcasts at 101.3 FM, from December 1, 2014, to August 31, 2020.

Objectives

Background

CJSA-FM Toronto, Ontario, is a commercial ethnic radio station in Toronto. Apart from administrative renewals, the recent CRTC decision of November 27, 2014, was its second licence renewal since the radio station was first established pursuant to Broadcasting Decision CRTC 2003-115.

On January 9, 2015, the Governor in Council received three petitions asking to set aside (that is, cancel) or refer back to the CRTC for reconsideration and hearing its decision to renew the broadcasting licence of 3885275 Canada Inc. for CJSA-FM Toronto, Ontario.

The petitioners’ main concern is that the CRTC, in reaching its decision of November 27, 2014, did not hold an oral hearing at which the petitioners could have appeared to speak to allegations which they made in written interventions submitted to the CRTC in response to its Broadcasting Notice of Consultation CRTC 2013-322. The allegations concerned the accuracy of the ownership information for CJSA-FM found in the CRTC’s records, as well as the history of the station’s compliance with CRTC regulatory requirements.

The Act stipulates that to set aside a CRTC decision to issue, amend or renew a licence, or to refer it back to the CRTC for reconsideration and hearing, the Governor in Council must be satisfied that the CRTC decision derogates from the attainment of the policy objectives set out in subsection 3(1) of the Act.

In this case, the Governor in Council is not satisfied that the CRTC decision to renew the licence derogates 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 2014-617 of November 27, 2014, to renew the broadcasting licence of 3885275 Canada Inc. for the commercial ethnic radio station CJSA-FM Toronto, Ontario.

Implications

As a result, the CRTC decision stands.

Departmental contact

Scott Shortliffe
Deputy Director General
Broadcasting and Digital Communications Branch
Department of Canadian Heritage
Telephone: 819-997-9058