Vol. 140, No. 24 — June 17, 2006

ORDERS IN COUNCIL

DEPARTMENT OF CANADIAN HERITAGE

Order issuing a direction to the CRTC to examine the future environment facing the broadcasting system

P.C. 2006-519 June 8, 2006

Whereas the evolution of audio-visual technologies is profoundly changing how Canadians communicate, express themselves and interact with various media bringing with it important economic and social implications and leading to a new communications and media environment;

Whereas the Canadian broadcasting system, primarily through its broadcast of English and French language programming services and programs, must meet the diverse needs of Canadian men, women and children of all cultures;

Whereas the Government is of the view that the Canadian broadcasting system, using various audio-visual technologies, must remain relevant in a global digital environment and that Canada should continue to play a leading role in the development and usage of world class communications technologies;

Whereas the Government seeks to foster Canadian cultural choices by ensuring that Canadian content is available and accessible to Canadians, reflecting the rich diversity of this country;

Whereas Canadians seek a broad access to local, regional, national and international information and programming;

Whereas the Government favours a smart regulatory approach that ensures effective and efficient regulation focussed on results for Canadians;

Whereas the Canadian Radio-television and Telecommunications Commission (hereinafter referred to as "the Commission") is responsible for regulating and supervising all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy for Canada;

Whereas paragraph 3(1)(b) of the Broadcasting Act (hereinafter referred to as "the Act") provides that the Canadian broadcasting system comprises public, private and community elements;

Whereas paragraph 3(1)(c) of the Act provides that English and French language broadcasting, while sharing common aspects, operate under different conditions and may have different requirements;

Whereas subparagraph 3(1)(d)(iv) of the Act provides that the Canadian broadcasting system should be readily adaptable to scientific and technological change;

Whereas paragraph 3(1)(e) of the Act provides that each element of the Canadian broadcasting system shall contribute in an appropriate manner to the creation and presentation of Canadian programming;

Whereas subparagraph 3(1)(t)(ii) of the Act provides that distribution undertakings should provide efficient delivery of programming at affordable rates, using the most effective technologies available at reasonable cost;

Whereas paragraph 5(2)(c) of the Act provides that the Canadian broadcasting system should be regulated and supervised in a flexible manner that is readily adaptable to scientific and technological change;

Whereas paragraph 5(2)(f) of the Act provides that the Canadian broadcasting system should be regulated and supervised in a flexible manner that does not inhibit the development of information technologies and their application or the delivery of resultant services to Canadians;

Whereas the Commission has already undertaken a review of the impact of technological changes on its regulatory policies with respect to commercial radio undertakings;

Whereas the Telecommunications Policy Review Panel, while not mandated to examine the broadcasting system, reported on the impact of evolving technologies on the telecommunications and broadcasting distribution sectors;

Whereas the Governor in Council is seeking a factual record on the future environment facing the whole broadcasting system that will inform the Government's own policy determinations with respect to the future of broadcasting in Canada;

Whereas subsection 15(1) of the Act provides that the Commission shall, on the request of the Governor in Council, hold hearings or make reports on any matter within the jurisdiction of the Commission under the Act;

And whereas, in accordance with subsection 15(2) of the Act, the Minister of Canadian Heritage has consulted with the Commission with regard to this request;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to subsection 15(1) of the Broadcasting Act, hereby requests the Canadian Radio-television and Telecommunications Commission to hold hearings and provide a factual report at the earliest time practicable, and in any event not later than December 14, 2006, on the following matters:

(a) the current state of audio-visual technologies and their predicted evolution over the coming years;

(b) with respect to the usage of audio-visual technologies by Canadians,

(c) with respect to the impact on the broadcasting system,

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