Media Centre > Speeches > November 4, 2008

André Bureau

Speaking Notes

CRTC 40^th Anniversary

November 4, 2008

Check against delivery.  

Good morning, Bonjour

It is a real honour for me to pay tribute to the CRTC, an organization we all know and love - the depth of our affection being of course directly proportionate to the number of positive decisions received.

Last April, the Commission had its 40th birthday.

Having reached middle age according to Dr. Franklin, the Commission has succeeded in living four times longer than its immediate predecessor, the Board of Broadcast Governors.

As some of you riper CAB members will recall, the BBG was established in 1958 following the recommendation of the Fowler Commission that an agency independent of the CBC be established to regulate broadcasting.

Up to that point, the CBC had been regulating private broadcasters.

For some strange reason, private broadcasters found it irritating that their publicly funded competitor should also be their regulator.

There are all kinds of ways to tell the story of the CRTC but virtually all of them end up in the same place - the celebration of a remarkable success.

Forty years ago, the government of Canada created the CRTC to implement the vision embodied in its new Broadcasting Act - to foster, and develop an independent, vibrant Canadian broadcasting system - and that is exactly what we have today.

It was a bold vision, requiring the CRTC to combine regulation with a sense of national purpose.

The mission was clearly articulated - require Canadian ownership and programming content, build a Canadian industry that would foster Canadian talent and production, and anchor a sense of national identity - all in two official languages.

From the outset, the Commission has pursued this vision with the utmost transparency.

There is no other federal agency I can think of that has held more public hearings across every region of Canada and has sought more public input.

This commitment to meet with and hear Canadians so they can express their views and appreciate the process behind the decisions that will have an impact on their daily lives, has been, a great plus for the credibility of the CRTC.

It has also provided for many amusing incidents.

For example, on my very first day on the job as Chair, at my first hearing, in Vancouver, I received from one of the nine panel members a note saying “It is five o’clock.  I am not paid for overtime.  I am leaving.”

I wrote back “We are questioning an intervener who came here from a long distance.  We should finish this question period before adjourning.

If you leave, you cannot be back on the panel tomorrow”.

He closed his files, stood up and then decided to lie down on the floor behind me and he stayed there until we adjourned an hour later.

Paul Klingle was surely testing me.

He became, after that, one of my best allies on the Commission.

On another occasion: At a hearing involving Access Alberta, I forgot to call for a break, being so captivated by Phil Fraser’s exchange with the Commission.

A few days later, I received this well-deserved award.

(Roll image #1: Bladder Award).

But more seriously, I’ve had a close up view of it all, coming in the middle of a list of Canadians who were given the responsibility of shepherding an agency that has had to guide and manage change in real time - keeping up with technology while reflecting the voices of Canadians - regulating while fostering the growth of a sector that employs tens of thousands and contributes billions of dollars to our economy.

That group of CRTC Commissioners has carried a public trust forward - we have all felt its burden and have all felt honoured to carry it.

The work started under the first Chair, Pierre Juneau, who was charged with the delicate matter of repatriating ownership of key elements of the system.

In the early 1970’s, the CRTC called for and approved 79 divestitures of foreign holdings that exceeded the permitted limits.

This was groundbreaking work involving numerous hearings and confrontations with very powerful American shareholders, such as Famous Players and CBS.

Then there was the introduction in 1971 of the first cable policy with its requirements for a basic service and community channel.

These were world firsts.  It also included unique measures such as program substitution and, more controversially, commercial substitution.

But let’s see how Pierre Juneau, in many ways the spiritual leader of the CRTC, remembers that era:

(Roll “History” video segment - Juneau)

In an environment of galloping technological change, regulatory innovation and adaptability are necessities.

The CRTC has consistently risen to the challenge.

For example, another world first was the licensing of CANCOM to provide by-satellite television and radio services in both languages to remote and underserved communities throughout Canada.

Then there was the licensing of specialty and pay services. Were it not for the entrepreneurial and creative talent of the early applicants and the CRTC’s recognition that Canada needed such services as attractive alternatives to similar US services, the landscape of Canadian broadcasting might have looked quite different.

With the advent of digital technology allowing the launch and distribution of a plethora of new services in more than 43 languages on television, and 78 on radio, Canada today has one of the most diverse and envied broadcasting systems in the world. 

With the explosion of services, though, has come heavier regulatory responsibilities for maintaining balance among the various sectors of the system.

Over the years the Commission has adopted a number of measures, unique to Canada, to harmonize radio, television and BDU interests.

Not all of the CRTC decisions have been well received by everybody.

Not even from ex-members of the CRTC.

For example, after his term at the Commission, Roy Faibish continued to be interested in our work.

Hence, this affectionate and articulate message he sent to the then Secretary General concerning one of our decisions

(Roll image #2 - Faibish letter)

This was Roy Faibish’s personal reaction to one of the thousands of decisions made by the Commission each year. 

Others have different perceptions of the CRTC’s role in fostering innovation for example.

(Roll “Present” video segment - Chandrasekar, Brière, Yaffe, Arcand)

The Commission has distinguished itself, as well, by developing important social policies dealing with matters such as violence in children’s programming, sex-role stereotyping, portrayal of visible minorities, access to programming by disabled persons and employment equity.

Such initiatives have led to many firsts in the world again.
 
In its role of supervising the Broadcasting system, the Commission had to comment, carefully and delicately, on some political issues, like the “Free Trade negotiations” with the U.S. in the late 80’s.

It provided for interesting exchanges with Cabinet members and, for a nice cartoon!

(Roll image #3 – Cartoon)

And then, there’s telecommunications, jurisdiction over which passed, from the Canadian Transport Commission to the CRTC in 1976.  The wisdom of combining broadcasting and telecommunications regulation under one authority has become ever more evident with the convergence of technologies.

Convergence has allowed cable to offer telephone services, telephone companies to offer cable services, and both to provide programming by land line and wireless means.

Balancing the competing interests in this situation requires the high level of skill which the CRTC has shown itself to possess over 4 decades.

 Some have argued that technology has overridden the ability of the CRTC to effectively regulate and that the Commission should now ride off into the sunset.

I think this is a misperception.

If the Canadian broadcasting system is to continue to fulfill the numerous worthy objectives set for it in its governing legislation - then a regulator such as the CRTC will remain necessary.

The CRTC indeed will continue to play an essential role

• in ensuring that a diversity of voices are heard in the system;
• in balancing the numerous, sometimes contradictory policy objectives governing both areas of its jurisdiction;
• in ensuring accountability by those it regulates;
• in fostering dynamic but fair competition among the various elements of the system,- and most important of all;
• in continuing to search out the most effective means of strengthening Canadian programming that reflects our distinctive identity.

The CRTC by-law has power and authority.  But, its relevance relies on its credibility.

This is job #1 for staff and commissioners.

In my view, it is Mission accomplished!

And while the Commission was focused on the serious business of regulating broadcasting, the unexpected could – and often did –
happen, as our colleagues can attest…

(Roll “Anecdotes” video segment – Chandrasekar, Yaffe, Briere, de Wilde)

For those of you who know me, you have heard me say many times that my five years, three months and two weeks at the Commission were among the most exciting, fulfilling, rewarding of my professional life.

Thank you Francis Fox and Pierre Elliot-Trudeau.

Thank you my fellow Commissioners and my friends of the staff.

Indeed, this tribute would be incomplete if it did not recognize the vital work of the CRTC’s staff.

Over the years, their dedication and hard work have been exemplary.

Their talents essential to the fulfillment of the Commission’s work and their enthusiasm an inspiration for Commissioners.

We all owe them a large debt of gratitude.

Now, I’m going to do something that I haven’t often done in my life, and that’s give the last word to Phil Lind:

(Roll “Congratulations” video segment - Lind)

Ladies and gentlemen, please join me in saluting 40 years of exceptional work by an exceptional Commission which has become a model throughout the world.

May it continue to serve Canadians and our unique broadcasting system for years to come.