How should we increase the scale and scope of public participation in CRTC proceedings?
That is the subject of a public consultation launched recently by the Commission.
It is significant that it is a joint Broadcasting and Telecom Notice of Consultation (CRTC 2025-94).
The legislative framework governing telecom is different from that of broadcasting. Section 56(1) of the Telecom Act says “The Commission may award interim or final costs of and incidental to proceedings before it and may fix the amount of the costs or direct that the amount be taxed.” In Section 11.1(1)(c) of the Broadcasting Act, we read “The Commission may make regulations respecting expenditures to be made by persons carrying on broadcasting undertakings for the purposes of… supporting participation by persons, groups of persons or organizations representing the public interest in proceedings before the Commission under this Act”.
The Broadcasting Participation Fund was created as one of the “tangible benefits” arising from CRTC approval of the change in control of CTV in early 2011. Of the $245M in approved “tangible benefits”, $3M was designated to create an independent fund to help pay the costs of public interest groups that participate in Commission broadcasting proceedings. That independent fund became the Broadcasting Participation Fund.
It has been a confusing funding arrangement for many public interest groups and individuals. As the CRTC notes, these different mechanisms for funding public participation can be “challenging”. The Public Notice says that the Commission’s “preliminary view is that having a single application process for any Commission proceeding may be a better approach.”
I don’t disagree.
In its call for comments, the CRTC says that it plans to examine:
- creating one funding system to participate in Commission proceedings;
- funding participation through an independent third-party fund;
- making funding available to more types of organizations or parties;
- ensuring that the funding system covers appropriate costs;
- determining who should be funding participation and how much funding they should provide;
- building a system that provides funding in a timely manner;
- ensuring that funding is used in the public interest;
- supporting consultations for Indigenous groups and official language minority communities; and
- supporting participation in proceedings under the Online News Act.
I have concerns about who should be eligible for funding by the new regime.
Long time readers will recall my documentation of the CRTC failing to exercise sufficient diligence before awarding hundreds of thousands of dollars to people of questionable repute. Following my series of blog posts that brought the funding to light, a statement by then CRTC Chair Ian Scott said: “In light of the current situation, we have launched an internal review of our criteria for costs awards. Should we determine that changes are needed, we will then hold a public consultation to ensure that interested parties can share their views.”
Global News reported at the time (October, 2022), “No timeline was given for how long the CRTC’s review will take.” With the issuance of the public consultation, it appears the Commission concluded changes were indeed needed.
But, there is no mention of the CRTC’s internal review in the call for comments. It should have been there. The matter was serious enough for the Chair to issue a public statement; the Commission’s internal review should form part of the record of this proceeding.
The question of “who” should be eligible for funding should be explicitly canvassed in the list of topics to be reviewed.
The deadline to provide interventions is September 9, 2025. Broadcasting and Telecom Notice of Consultation CRTC 2025-94: Call for comments – A new approach to funding public interest participation in Commission proceedings.