Broadcast players divided on need for harmonization of CanCon definitions, rules

Opinions are split on the need for a greater harmonization between CRTC content rules and those for funding purposes, according to submissions filed with Canadian Heritage in the government’s review of Canadian content definitions (CCR, Apr. 12/02). The Canadian Broadcasting Corp. (CBC), the Independent Film and Video Alliance, the Canadian Motion Picture Distributors Association (CMPDA), Télé-Québec, and the Canadian Film and Television Production Association (CFTPA) all favour a more centralized and simplified approach to certifying films and television programs as Canadian. This is in line with views expressed by Telefilm Canada executive director Richard Stursberg, who has called for greater harmonization between Canadian content definitions for CRTC regulation and TV funding (CCR, Mar. 15/02). Sitting on the other side of the fence are the likes of Corus Entertainment Inc. and CanWest Global Communications Corp. Both argue that the different Canadian content certification processes serve different purposes and should be retained. "…The existing system remains appropriate and valid," states Corus in its May 31 submission, while pointing out that the approach of the CRTC and the Canadian Audio-Visual Certification Office (CAVCO) has already been harmonized significantly in recent years. The CRTC certifies programming as Canadian in connection with content quotas found in broadcasting regulations, while CAVCO certifies productions for tax credit purposes. Corus says it would be "inappropriate" for CAVCO or another central agency to decide for the CRTC what modifications should be made to Canadian content rules for the regulator’s purposes. Currently, any production that qualifies as Canadian under CAVCO rules is considered such by the CRTC, but the commission has implemented certain modifications to the CAVCO system for regulatory flexibility. "Furthermore, it would be equally inappropriate for the CRTC to make decisions relating to whether or not tax credits should be awarded," Corus notes. Geoffrey Elliot, VP of corporate affairs at CanWest Global, writes, "Although it may appear superficially logical to centralize the measurement of compliance with the ten-point scale at a single agency, CanWest believes that given that the government agencies that employ the ten-point system may be motivated by different goals, centralization of compliance would risk introducing potentially harmful new rigidities to the measurement." The Canadian Conference of the Arts (CCA) argues that assigning a single body to assess Canadian content would not be "workable", and notes in its May 31 submission that there are flaws with each approach. It calls the CRTC approach not "particularly thorough" but more timely, while CAVCO’s review is "much too slow and burdened with a large backlog." "We do not believe that it is appropriate to create a single body at this point…However, we do believe that it is important for the various agencies involved to make a more substantial effort to ensure coherence and harmony," the CCA states. Most of the groups calling for further harmonization are doing so in the interests of speeding up the process of getting a production certified. The CFTPA recognizes the different mandates of the funding agencies and regulatory bodies, but argues that greater harmonization is needed "to expedite the system." In particular, the CFTPA wants a review of the CAVCO procedures, which it says are "plagued by backlog and delays." The CMPDA suggests the certification process should be reworked so applicants would need to provide basic information only once to one entity or perhaps online, with the programs they are interested in ticked off. The evaluation of the information provided could then be carried out based on each program’s specific Canadian content requirements. "No purpose is served by a system that requires evaluation and verification of the same information multiple times," the group writes in its submission. It adds that there should only be the need for one audit to verify citizenship or residency and financial information in each instance. The public broadcaster states in its submission that the CRTC’s rules for Canadian content certification and those of CAVCO should be harmonized. "The certification process should be centralized in one office and an expedited process instituted to certify Canadian programs that are not eligible for the Canadian Film or Video Production Tax Credit," the CBC says. Télé-Québec considers that there are two levels on which the matter must be considered – on the level of definition and on the level of application of that definition. It writes that there is a need for harmonization with regard to what is considered Canadian. With regard to application, it says that responsibilities, procedures and the level of centralization would have to be worked out.

Broadcast players divided on need for harmonization of CanCon definitions, rules

Broadcast | June 7, 2002

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