OTTAWA – The CRTC has told Canada’s broadcasters that it will not collect Part II license fees due on November 30, 2007 and subsequent years unless the Federal Court of Appeal or Supreme Court of Canada, should this case be appealed at that level, reverse the Federal Court’s decision.
The Commission informed the Canadian Association of Broadcasters of its decision last week.
The Fees for 2006-2007 are estimated at some $49.7 million that would otherwise have had to be paid by private radio, television and specialty service licensees next month.
Readers will remember that the Federal Court ruled that the Regulations prescribing the Part II license fees were ultra vires and thus the CRTC could no longer charge Part II license fees. The Court also ordered that the Plaintiffs were not entitled to the return of monies paid in past years.
The Crown has appealed the decision and the CAB has appealed for the return of the money, estimated at about $700 million. The two appeals will be heard on December 4 and 5 in Ottawa.
