Canadian CRTC Captioning Laws

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Closed captions are, in the simplest of terms, a text translation of the audio of a production. The primary purpose of closed captions is to make movies and TV shows accessible to those who are deaf or hard-of-hearing. Recognizing this need, the Candian Radio-television and Telecommunications Commission (CRTC) has enforced certain laws and requirements regarding closed captioning that broadcasters have to fulfill. This article will summarize the contents of all CRTC rulings regarding closed captioning so that you know what to watch out for.

History of the CRTC and closed captioning

In 2007, the CRTC realized the integral nature of closed captioning in making productions accessible to the deaf and hard-of-hearing. As such, they created two groups comprising of experts on closed captioning — one for the French programs market and one for the English programs market. These groups attempted to integrate a variety of opinions from television executives, advocacy groups for the deaf and hard-of-hearing, consumers, and distributors in order to establish comprehensive policies regarding closed captioning.

The regulations that were eventually drawn up by the CRTC can be broadly classified into three groups:

  1. Policies regarding the quality and quantity of closed captioning
  2. Ways to regulate and report on the quality of captioning
  3. Avenues for consumers to register complaints regarding closed captioning

Quality and quantity of closed captioning

With regard to regulating the quantity of closed captioning being put out by broadcasters, the CRTC has three main policies:

  • Caption all programs broadcast between 6 a.m. to midnight
  • All promotional content, such as advertisements, needs to be captioned
  • Provide captioning for all programs broadcast between 6 a.m. to midnight (if available)

In addition to quantity, the CRTC takes close care to monitor the quality and accuracy of the captions being put out. The ‘accuracy’ of the captions refers to how true they are to the audio of the production. Within this, the CRTC has established separate guidelines for pre-recorded programs and live programs. The accuracy of the captioning must be at a whopping 100% for pre-recorded programs, while it needs to be 85% for live programs in French and 98% for live programs in English. The CRTC has also described the particular method by which the accuracy of captions can be measured, which broadcasters can check out here.

The policies of the CRTC regarding the quality of captioning do not depend on accuracy alone, however. The policies also address ways to:

  • Minimize the time lag for all pre-recorded and live programs
  • Correct mistakes prior to re-broadcasting a program
  • Guarantee captions for all emergency messages
  • Position captions on the screen in a way that they do not block content
  • Format captions, particularly in the use of hyphens and chevrons (for French programs)

Regulating closed captioning

The CRTC compels all broadcasters to implement a system to self-monitor their closed captioning to ensure that they are included in all programs and reach viewers in their original form. Again, the requirements for programs in French and in English are distinct.

Programs in French:

  • When renewing their licenses, broadcasters need to describe the procedures and mechanisms they have implemented to ensure that their closed captioning is included in all programs and is up to quality standards
  • Every month, broadcasters need to pick two live programs and calculate their captioning accuracy rate
  • After every 2 years, broadcasters need to draw up a report detailing the measures they have taken to improve the accuracy of their captions

Programs in English:

  • When renewing their licenses, broadcasters need to describe the procedures and mechanisms they have implemented to ensure that their closed captioning is included in all programs and is up to quality standards
  • (September 1, 2019 onwards) Every month, broadcasters need to pick two live programs and calculate their captioning accuracy rate. If the broadcaster has a “news” section, one of the selected programs must be from this category while the other should be from a genre that fairly reflects the mix of programs offered by the broadcaster. In case the broadcaster does not have a “news” section, both programs should be from genres that fairly represent the mix of programs offered by the broadcaster.
  • Every year before November 30, broadcasters need to draw up a report detailing the measures they have taken to improve the accuracy of their closed captions

Registering complaints regarding closed captioning

To ensure that quality standards are upheld by broadcasters, the CRTC allows consumers to file complaints regarding violations of the closed captioning requirements of the CRTC. If the CRTC finds that the complaint is credible, it can request the concerned broadcaster to submit their monthly accuracy checks.

All complaints about broadcasters have to be made in writing and must include the complainant’s name, a complete description of the issue, the name of the broadcaster and their location, and the name, time, and date that the specific program or ad was broadcast. All complaints must be registered within 4 weeks of the broadcast as broadcasters only keep tapes of their broadcasts for that amount of time. If the broadcaster is found to have violated closed captioning requirements multiple times, the CRTC might choose to monitor them more closely.

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