Mr. Speaker, the Minister of Canadian Heritage has the power to issue directives to the Canadian Radio-television and Telecommunications Commission, CRTC, exclusively under subsection 23(3) of the Broadcasting Act. Moreover, directives under subsection 23(3) pertain exclusively to conditions imposed by the CRTC to the Canadian Broadcasting Corporation, the corporation, in consideration of those conditions. The minister has not issued any directive under that section since January 1, 2016.
However, the Governor in Council, GiC, may issue directions to the CRTC under subsections 7(1), 26(1) and 27(1) of the act. The GiC may also request the CRTC to “hold hearings or make reports on any matter within the jurisdiction of the [CRTC]” under subsection 15(1) of the act.
Since January 1, 2016, the GiC requested one report under subsection 15(1) of the act. The request, dated September 22, 2017, P.C. 2017-1195, was to report to the GiC no later than June 1, 2018 in regard to the following matters: a) the distribution model or models of programming that are likely to exist in the future; b) how and through whom Canadians will access that programming; c) the extent to which these models will ensure a vibrant domestic market that is capable of supporting the continued creation, production and distribution of Canadian programming, in both official languages, including original entertainment and information programming.
Since 2016, the GiC has issued one direction to the CRTC under subsection 27(1). The directive, dated April 3, 2020, P.C. 2020-231, was in respect of the implementation of the Canada-United States-Mexico Agreement, CUSMA.
Other than the aforementioned two matters, the GiC has not issued any directions to the CRTC during the time frame in question, and the Minister of Canadian Heritage has not issued any directives to the CRTC during the same period.