CRTC denies Bragg’s request for annual returns exemption

The CRTC on Monday denied Bragg Communications’ request for an exemption from a regulatory requirement for broadcasting distributors to file public annual returns. In decision 2009-560, issued in September 2009, the CRTC argued that it is in the public interest for large broadcasting ownership groups to publicly disclose aggregated annual returns. Last April, Bragg applied for an exemption to the returns, arguing that that it violated Section 8 of the Charter of Rights, which protects Canadians against unreasonable search and seizure. In a letter to Bragg on Monday, the CRTC said the company failed to demonstrate its case and how the disclosure of information would negatively affect the company’s ability to negotiate contracts or credit. “With respect to Bragg’s claim that Broadcasting Regulatory Policy 2009-560 violates its rights under section 8 of the Charter, the Commission considers that it is not evident that Bragg has a reasonable expectation of privacy with respect to the aggregated information contained in the aggregated annual return,” the CRTC said. Under the rules, the commission requires the disclosure of “aggregated information,” not information on individual undertakings. The CRTC added that Bragg owns 600 BDU services in nine provinces, and is the “dominant cable BDU service provider in Nova Scotia and Prince Edward Island and provides service to a number of communities in Newfoundland and Labrador, making it a significant regional provider of cable BDU services.” The CRTC added that it “continues to consider that Bragg occupies an important position in the Canadian broadcasting system and that disclosure of the information in the aggregated annual return would serve the Commission’s goal.” The commission said that Bragg has not filed any returns for the 2007-08 and 2008-09 broadcast years, and ordered the company to submit the information within 30 days.

CRTC denies Bragg’s request for annual returns exemption

Brief | September 27, 2010

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