Short Title

1 These Regulations may be cited as the Radio Regulations, 1986.

Interpretation

2 In these Regulations,

Act

Act means the Broadcasting Act; (Loi)

alcoholic beverage

alcoholic beverage, in respect of a commercial message, means an alcoholic beverage the sale of which is regulated by the law of the province in which the commercial message is broadcast; (boisson alcoolisée)

A.M. licensee

A.M. licensee means a person licensed to operate an A.M. station; (titulaire M.A.)

A.M. station

A.M. station means a station that broadcasts in the A.M. frequency band of 525 to 1605 kHz, but does not include a transmitter that only rebroadcasts the radiocommunications of a licensee; (station M.A.)

broadcast day

broadcast day means the total number of hours devoted to broadcasting for a period beginning at six o’clock in the forenoon and ending at midnight on the same day; (journée de radiodiffusion)

broadcast week

broadcast week means seven consecutive broadcast days, beginning on Sunday; (semaine de radiodiffusion)

campus station

campus station means an A.M. station, F.M. station or digital radio station that is licensed as a campus station; (station de campus)

Canadian

Canadian means

• (a) a Canadian citizen,

• (b) a permanent resident, as defined in the Immigration Act, 1976,

• (c) a person whose ordinary place of residence was in Canada throughout the six months immediately preceding that person’s contribution to a musical composition, performance or concert, or

• (d) a licensee; (Canadien)

commercial message

commercial message means an advertisement intended to sell or promote goods, services, natural resources or activities and includes an advertisement that mentions or displays in a list of prizes the name of the person selling or promoting those goods, services, natural resources or activities; (message publicitaire)

commercial station

commercial station means an A.M. station, F.M. station or digital radio station, other than one that

• (a) is owned and operated by the Corporation or a not-for profit corporation; or

• (b) is a campus station, community station, native station or ethnic station; (station commerciale)

community station

community station means an A.M. station, F.M. station or digital radio station that is licensed as a community station; (station communautaire)

content category

content category means a content category of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (catégorie de teneur)

content subcategory

content subcategory means a content subcategory of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (sous-catégorie de teneur)

contour

contour means a service contour marked for a licensed A.M. station or a licensed F.M. station on the map that pertains to that station and that is most recently published by the Department of Industry; (périmètre de rayonnement)

digital radio licensee

digital radio licensee means a person licensed to operate a digital radio station; (titulaire radio numérique)

digital radio station

digital radio station means a station that broadcasts in the frequency band of 1452 to 1492 MHz (L-band) using a digital transmission system, but does not include a transmitter that only rebroadcasts the radiocommunications of a licensee; (station de radio numérique)

digital service area

digital service area means a service area marked for a licensed digital radio station on the map that pertains to that station and that is most recently published by the Department of Industry; (zone de desserte numérique)

election period

election period means

• (a) in the case of a federal or provincial election or of a federal, provincial or municipal referendum, the period beginning on the date of the announcement of the election or referendum and ending on the date the election or referendum is held, or

• (b) in the case of a municipal election, the period beginning two months before the date of the election and ending on the date the election is held; (période électorale)

ethnic program

ethnic program means a program in any language that is specifically directed toward any culturally or racially distinct group, other than one whose heritage is Aboriginal Canadian, from France or from the British Isles; (émission à caractère ethnique)

ethnic station

ethnic station means an A.M. station, F.M. station or digital radio station that is licensed as an ethnic station; (station à caractère ethnique)

F.M. licensee

F.M. licensee means a person licensed to operate an F.M. station; (titulaire M.F.)

F.M. station

F.M. station means a station that broadcasts in the F.M. frequency band of 88 to 108 MHz, but does not include a transmitter that only rebroadcasts the radiocommunications of a licensee; (station M.F.)

licensed

licensed means licensed by the Commission pursuant to paragraph 9(1)(b) of the Act; (autorisé)

licensee

licensee means a person licensed to operate an A.M. station, F.M. station, digital radio station or radio network; (titulaire)

market

market means

• (a) in the case of an A.M. station, the A.M. daytime 15mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller,

• (b) in the case of an F.M. station, the F.M. 3mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller, or

• (c) in the case of a digital radio station, the digital service area; (marché)

medley

medley means a compilation of one minute or more in duration in which artists or musicians combine excerpts from several musical selections within a single performance; (pot-pourri)

montage

montage means a compilation of one minute or more in duration containing excerpts from several musical selections but does not include a medley; (montage)

musical selection

musical selection means any live or recorded music of one minute or more in duration that is broadcast uninterrupted, and includes a medley and a montage; (pièce musicale)

native station

native station means an A.M. station, F.M. station or digital radio station that is licensed as a native station; (station autochtone)

network

network means a licensed radio network; (réseau)

official contour

official contour [Repealed, SOR/2008-177, s. 1]

production content

production content [Repealed, SOR/91-517, s. 1]

quarter hour

quarter hour means a period of 15 minutes, commencing on the hour, or 15, 30 or 45 minutes past the hour; (quart d’heure)

spoken word content

spoken word content [Repealed, SOR/93-258, s. 1]

station

station means a radio programming undertaking or a broadcasting transmitting undertaking; (station)

third language program

third language program means an ethnic program in a language other than English, French, or a language of the Aboriginal peoples of Canada; (émission dans une troisième langue)

Type A community station

Type A community station[Repealed, SOR/2011-146, s. 1]

Application

• 2.1 (1) These Regulations do not apply in respect of programming that is broadcast by a licensee using a subsidiary communications multiplex operations channel.

• (2) For the purposes of this section,

  baseband

  baseband means signals in the frequency range of 0 to 99 kHz that are used as input to the transmitter of an F.M. station; (bande de base)

  subsidiary communications multiplex operations channel

  subsidiary communications multiplex operations channel means a frequency band containing one or more subcarriers that is centred at 76 kHz in the baseband during stereophonic or monophonic transmission in the main channel or at 59.5 kHz in the baseband where there is no stereophonic or monophonic transmission in the main channel. (canal d’exploitation multiplexe de communications secondaires)

PART I

Canadian and Musical Content

• 2.2 (1) For the purposes of this section, ethnic programming period means that portion of a broadcast week during which a licensee broadcasts ethnic programs.

• (2) For the purposes of this section, Canadian selection means a musical selection

  • (a) that meets at least two of the following conditions, namely,

    • (i) the music is or lyrics are performed principally by a Canadian,

    • (ii) the music is composed entirely by a Canadian,

    • (iii) the lyrics are written entirely by a Canadian,

    • (iv) the musical selection consists of a live performance that is

      • (A) recorded wholly in Canada, or

      • (B) performed wholly in and broadcast live in Canada, and

    • (v) the musical selection was performed live or recorded after September 1, 1991, and a Canadian who has collaborated with a non-Canadian receives at least fifty per cent of the credit as composer and lyricist according to the records of a recognized performing rights society;

  • (b) that is an instrumental performance of a musical composition that meets the conditions set out in subparagraph (a)(ii) or (iii);

  • (c) that is a performance of a musical composition that a Canadian has composed for instruments only; or

  • (d) that has already qualified as a Canadian selection under regulations previously in effect.

• (3) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee shall devote, in a broadcast week,

  • (a) if the licensee is licensed to operate a community station or campus station, at least 12% of its musical selections from content category 3 to Canadian selections broadcast in their entirety; or

  • (b) if the licensee is licensed to operate a station other than a community station or campus station, at least 10% of its musical selections from content category 3 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

• (3.1) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station shall, in a broadcast week, devote

  • (a) at least 25% of its musical selections from content subcategory 31 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day; and

  • (b) at least 20% of its musical selections from content subcategory 34 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

• (4) If 7% or more of the musical selections broadcast by the licensee during an ethnic programming period are Canadian selections and are scheduled in a reasonable manner throughout the period, the requirements of subsections (3), (3.1) and (7) to (9) apply only in respect of the musical selections that are broadcast during the part of the broadcast week that is not devoted to ethnic programs.

• (5) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a campus station, commercial station or community station in the French language shall, in a broadcast week, devote at least 65% of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.

• (6) An A.M. licensee, F.M. licensee or digital radio licensee may, in a broadcast week, reduce the percentage of its Canadian musical selections from content category 2 referred to in subsections (7) to (9) to

  • (a) not less than 20% if, in that broadcast week, the licensee devotes at least 35%, but less than 50%, of all of its musical selections to instrumental selections; and

  • (b) not less than 15% if, in that broadcast week, the licensee devotes at least 50% of all of its musical selections to instrumental selections.

• (7) Except as otherwise provided under a condition of its licence and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a station other than a commercial station, community station or campus station shall, in a broadcast week, devote at least 30% of its musical selections from content category 2 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

• (8) Except as otherwise provided under a condition of its licence that refers expressly to this subsection and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station, community station or campus station shall, in a broadcast week, devote at least 35% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

• (9) Except as otherwise provided under a condition of its licence and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station shall, between 6:00 a.m. and 6:00 p.m., in any period beginning on a Monday and ending on the Friday of that week, devote at least 35% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

• (10) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station in the French language shall, between 6:00 a.m. and 6:00 p.m., in any period beginning on a Monday and ending on the Friday of that week, devote at least 55% of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.

• (11) For the purpose of this section, a montage is deemed to be a Canadian selection broadcast in its entirety if

  • (a) the total duration of the excerpts of Canadian selections from content category 2 is greater than 50% of the total duration of the montage; and

  • (b) the total duration of the montage is four minutes or more.

• (12) For the purpose of this section, a montage is deemed to be a musical selection in the French language broadcast in its entirety if

  • (a) the total duration of the excerpts of vocal musical selections in the French language from content category 2 is greater than 50% of the total duration of the montage; and

  • (b) the total duration of the montage is four minutes or more.

• (13) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a station in the French language – other than a commercial station, community station or campus station – shall, in a broadcast week, devote at least 65% of its vocal musical selections from content category 2 to musical selections in the French language and schedule them in a reasonable manner throughout each broadcast day.

• (14) [Repealed, SOR/2011-146, s. 2]

PART I.1

Broadcasting Content

3 A licensee shall not broadcast

• (a) anything in contravention of the law;

• (b) any abusive comment that, when taken in context, tends or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability;

• (c) any obscene or profane language;

• (d) any false or misleading news; or

• (e) any telephone interview or conversation, or any part thereof, with any person unless

  • (i) the person’s oral or written consent to the interview or conversation being broadcast was obtained prior to the broadcast, or

  • (ii) the person telephoned the station for the purpose of participating in a broadcast.

3.1 For the purposes of paragraph 3(b), sexual orientation does not include the orientation towards any sexual act or activity that would constitute an offence under the Criminal Code.

3.2 For the purposes of paragraph 3(c), language is obscene if it has as a dominant characteristic the undue exploitation of sex or the combination of sexual content with one or more of the following subjects, namely, crime, horror, cruelty and violence.

• 4 (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

  • (a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

  • (b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

  • (c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.

• (2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.

• 5 (1) Before January 1, 1999, a licensee shall not broadcast a commercial message for, or an endorsement of, a device to which the Food and Drugs Act applies unless

  • (a) the script of the commercial message or endorsement has been approved by the Minister of Health to indicate, to the extent that it is possible to do so on the basis of a script, that a commercial message or an endorsement conforming to the approved script would comply with the applicable provisions, administered by that Minister, of the Food and Drugs Act, the Controlled Drugs and Substances Act and regulations made pursuant to those Acts or to the Department of Health Act; and

  • (b) the script bears the script number assigned to it by that Minister.

• (2) Before January 1, 1999, when a licensee broadcasts a commercial message or an endorsement referred to in subsection (1), the licensee shall keep a record of the script for a period of one year after the date of the broadcast, which record shall contain

  • (a) the name of the device to which the script relates;

  • (b) the name of the sponsor or advertising agency that submitted the script for approval; and

  • (c) the script number referred to in paragraph (1)(b).

• (3) A licensee shall provide the record required by subsection (2) to the Commission or to an inspector designated pursuant to the Food and Drugs Act, acting on behalf of the Commission, where the Commission or the inspector so requests for the purpose of audit or examination.

• (4) The approval of the script of a commercial message or an endorsement referred to in subsection (1) does not indicate that the commercial message or endorsement complies with the applicable legislation.

Political Broadcasts

6 During an election period, a licensee shall allocate time for the broadcasting of programs, advertisements or announcements of a partisan political character on an equitable basis to all accredited political parties and rival candidates represented in the election or referendum.

Ethnic Programs

• 7 (1) The licensee of an ethnic station shall devote not less than 60 per cent of its broadcast week to ethnic programs.

• (2) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate an ethnic station shall devote at least 50% of a broadcast week to third language programs.

• (3) Except as otherwise provided under a condition of its licence to devote up to 40% of a broadcast week to third language programs, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a station other than an ethnic station shall devote not more than 15% of a broadcast week to third language programs.

• (4) Despite subsection (3), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a community station or campus station may devote

  • (a) if it is broadcasting in a market where there is no ethnic station, up to 40% of a broadcast week to third language programs; or

  • (b) if it is broadcasting in a market where there is at least one ethnic station, except as otherwise provided by a condition of its licence, up to 15% of a broadcast week to third language programs.

Logs and Records

• 8 (1) Except as otherwise provided under a condition of its licence, a licensee shall

  • (a) keep, in a form acceptable to the Commission, a program log or a machine readable record of the matter broadcast by the licensee;

  • (b) retain the log or record for a period of one year after the date when the matter was broadcast; and

  • (c) cause to be entered in the log or record each day the following information:

    • (i) the date,

    • (ii) the call letters, location and frequency of the licensee’s station,

    • (iii) the time at which each station identification announcement is made,

    • (iv) in relation to each program broadcast,

      • (A) the title and a brief description,

      • (B) subject to subsection (2), the number of the relevant content category,

      • (C) the time at which the program begins and ends,

      • (D) the code set out in the schedule indicating the origin of the program and where applicable the language, type or group, and

      • (E) if applicable, the code set out in the schedule identifying non-Canadian programming, and

    • (v) in relation to each commercial message, the quarter hour during which it is broadcast, its duration and the number of the relevant content subcategory.

• (2) Where a program falls into more than one content category, a licensee shall cause to be entered in its program log or machine readable record the two principal content categories in descending order of their relative importance in terms of broadcast time.

• (3) The times required to be entered pursuant to subparagraph (1)(c)(iii), clause (1)(c)(iv)(C) and subparagraph (1)(c)(v) are local times.

• (4) A licensee shall furnish, to the Commission on request, its program log or machine readable record for any day, with a certificate by or on behalf of the licensee attesting to the accuracy of its content.

• (5) A licensee shall retain a clear and intelligible tape recording or other exact copy of all matter broadcast

  • (a) for four weeks from the date of the broadcast; or

  • (b) where the Commission receives a complaint from any person regarding the matter broadcast or for any other reason wishes to investigate it and so notifies the licensee before the expiration of the period referred to in paragraph (a), for eight weeks from the date of the broadcast.

• (6) Where, before the expiry of the applicable period referred to in subsection (5), the Commission requests from the licensee a clear and intelligible tape recording or other exact copy of matter broadcast, the licensee shall furnish it to the Commission forthwith.

• (7) Subsections (1) to (4) do not apply to a person licensed to operate a radio network.

Requests for Information

• 9 (1) For the purposes of this section,

  Canadian musical selection

  Canadian musical selection means a musical selection that meets the criteria set out in subsection 2.2(2); (pièce musicale canadienne)

  hit

  hit has the meaning indicated on pages 19 to 22 of Public Notice CRTC 1986-248 of September 19, 1986 entitled Regulations Respecting Radio Broadcasting and published in the Canada Gazette Part I on October 4, 1986, as amended by page 23 of Public Notice CRTC 1990-111 of December 17, 1990 entitled An FM Policy for the Nineties and published in the Canada Gazette Part I on December 29, 1990. (grand succès)

• (2) On or before November 30 of each year, a licensee shall submit to the Commission a statement of accounts, on the annual return of broadcasting licensee form, for the year ending on the previous August 31.

• (3) At the request of the Commission, a licensee shall submit for any period specified by the Commission in its request

  • (a) the information required by the most recent Station Self-assessment Report form issued by the Commission; and

  • (b) a list of the musical selections in the order in which they are broadcast by the licensee during that period that includes the title and performer of each musical selection and a legend that identifies

    • (i) any Canadian musical selection,

    • (ii) any hit,

    • (iii) any instrumental selection,

    • (iv) any content category 3 musical selection, and

    • (v) the language of the musical selection, where the musical selection is not an instrumental selection.

• (4) At the request of the Commission, a licensee shall respond to

  • (a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and

  • (b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

Affiliation

• 10 (1) For the purposes of this section, affiliation agreement means an agreement between one or more A.M. licensees, F.M. licensees or digital radio licensees and another party, according to which programs provided by the other party are to be broadcast by the licensee’s station at a predetermined time.

• (2) An A.M. licensee, F.M. licensee or digital radio licensee shall not enter into an affiliation agreement with a person who is deemed to be a non-Canadian under section 3 of the Direction to the CRTC (Ineligibility of Non-Canadians).

Ownership of Equipment and Facilities

10.1 Except as otherwise provided pursuant to a condition of its licence, a licensee shall own and operate its transmitter.

Transfer of Ownership or Control

• 11 (1) For the purposes of this section,

  associate

  associate, when used to indicate a relationship with any person, includes

  • (a) a partner of the person,

  • (b) a trust or an estate in which the person has a substantial beneficial interest or in respect of which the person serves as a trustee or in a similar capacity,

  • (c) the spouse or common-law partner of the person,

  • (c.1) a child of the person or of their spouse or common-law partner, including a child adopted in fact by the person or by the spouse or common-law partner,

  • (c.2) the spouse or common-law partner of a child referred to in paragraph (c.1),

  • (d) a relative of the person, or of the spouse or common-law partner referred to in paragraph (c), if that relative has the same residence as the person,

  • (e) a corporation of which the person alone, or a person together with one or more associates as described in this definition, has, directly or indirectly, control of 50 per cent or more of the voting interests,

  • (f) a corporation of which an associate, as described in this definition, of the person has, directly or indirectly, control of 50 per cent or more of the voting interests, and

  • (g) a person, with whom the person has entered into an arrangement, a contract, an understanding or an agreement in respect of the voting of shares of a licensee corporation or of a corporation that has, directly or indirectly, effective control of a licensee corporation, except where that person controls less than one per cent of all issued voting shares of a corporation whose shares are publicly traded on a stock exchange; (liens)

  common-law partner

  common-law partner, in respect of a person, means an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

  common shares

  common shares means the shares that represent the residual equity in the earnings of the corporation, and includes securities that are convertible into such shares at all times at the option of the holder and the preferred shares to which are attached rights to participate in the earnings of the corporation with no upper limit. (actions ordinaires)

  person

  person includes an individual, a partnership, a joint venture, an association, a corporation, a trust, an estate, a trustee, an executor and an administrator, or a legal representative of any of them; (personne)

  voting interest

  voting interest, in respect of

  • (a) a corporation with share capital, means the vote attached to a voting share,

  • (b) a corporation without share capital, means an interest that entitles the owner to voting rights similar to those enjoyed by the owner of a voting share,

  • (c) a partnership, a trust, an association or a joint venture, means an ownership interest in the assets of it that entitles the owner to receive a share of the profits of it, to receive a share of the assets of it on dissolution and to participate directly in the management of it or to vote on the election of the persons to be entrusted with the power and responsibility to manage it, and

  • (d) a not-for-profit partnership, trust, association or joint venture, means a right that entitles the owner to participate directly in the management of it or to vote on the election of the persons to be entrusted with the power and responsibility to manage it; (intérêt avec droit de vote)

  voting share

  voting share means a share in the capital of a corporation, to which is attached one or more votes that are exercisable at meetings of shareholders of the corporation, either under all circumstances or under a circumstance that has occurred and is continuing, and includes any security that is convertible into such a share at all times at the option of the holder. (action avec droit de vote)

• (2) For the purposes of this section, control of a voting interest by a person includes situations in which

  • (a) the person is, directly or indirectly, the beneficial owner of the voting interest; or

  • (b) the person, by means of an arrangement, a contract, an understanding or an agreement, determines the manner in which the interest is voted but the solicitation of proxies or the seeking of instructions with respect to the completion of proxies in respect of the exercise of voting interests is not considered to be such an arrangement, contract, understanding or agreement.

• (3) For the purposes of this section, effective control of a licensee or its undertaking includes situations in which

  • (a) a person controls, directly or indirectly, other than by way of security only, a majority of the voting interests of the licensee;

  • (b) a person has the ability to cause the licensee or its board of directors to undertake a course of action; or

  • (c) the Commission, after a public hearing of an application for a licence, or in respect of an existing licence, determines that a person has such effective control and sets out that determination in a decision or public notice.

• (3.1) [Repealed, SOR/2000-235, s. 3]

• (4) Except as otherwise provided pursuant to a condition of its licence, a licensee shall obtain the prior approval of the Commission in respect of any act, agreement or transaction that directly or indirectly would result in

  • (a) a change by whatever means of the effective control of its undertaking;

  • (b) a person alone

    • (i) who controls less than 30 per cent of the voting interests of the licensee, having control of 30 per cent or more of those interests,

    • (ii) who controls less than 30 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 30 per cent or more of those interests,

    • (iii) who owns less than 50 per cent of the issued common shares of the licensee, owning 50 per cent or more of those shares but not having, directly or indirectly, effective control of the licensee, or

    • (iv) who owns less than 50 per cent of the issued common shares of a person who has, directly or indirectly, effective control of the licensee, owning 50 per cent or more of those shares but not having, directly or indirectly, effective control of the licensee;

  • (c) a person together with an associate

    • (i) who control less than 30 per cent of the voting interests of the licensee, having control of 30 per cent or more of those interests,

    • (ii) who control less than 30 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 30 per cent or more of those interests,

    • (iii) who own less than 50 per cent of the issued common shares of the licensee, owning 50 per cent or more of those shares but not having, directly or indirectly, effective control of the licensee, or

    • (iv) who own less than 50 per cent of the issued common shares of a person who has, directly or indirectly, effective control of the licensee, owning 50 per cent or more of those shares but not having, directly or indirectly, effective control of the licensee; or

  • (d) another A.M. licensee, F.M. licensee or digital radio licensee that broadcasts in the same market and in the same language as the licensee, an associate of that other licensee or that other licensee together with its associate, who owns less than

    • (i) 30% of the issued common shares of the licensee or of a person who has, directly or indirectly, effective control of the licensee, owning 30% or more but less than 40% of those shares, or

    • (ii) 40% of the issued common shares of the licensee or of a person who has, directly or indirectly, effective control of the licensee, owning 40% or more but less than 50% of those shares.

• (5) A licensee shall notify the Commission, within 30 days thereafter, of the occurrence of any act, agreement or transaction that, directly or indirectly, resulted in

  • (a) a person alone

    • (i) who controls less than 20 per cent of the voting interests of the licensee, having control of 20 per cent or more but less than 30 per cent of those interests,

    • (ii) who controls less than 20 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 20 per cent or more but less than 30 per cent of those interests,

    • (iii) who controls less than 40 per cent of the voting interests of the licensee, having control of 40 per cent or more but less than 50 per cent of those interests but not having, directly or indirectly, effective control of the licensee, or

    • (iv) who controls less than 40 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 40 per cent or more but less than 50 per cent of those interests but not having, directly or indirectly, effective control of the licensee; or

  • (b) a person together with an associate

    • (i) who control less than 20 per cent of the voting interests of the licensee, having control of 20 per cent or more but less than 30 per cent of those interests,

    • (ii) who control less than 20 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 20 per cent or more but less than 30 per cent of those interests,

    • (iii) who control less than 40 per cent of the voting interests of the licensee, having control of 40 per cent or more but less than 50 per cent of those interests but not having, directly or indirectly, effective control of the licensee, or

    • (iv) who control less than 40 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 40 per cent or more but less than 50 per cent of those interests but not having, directly or indirectly, effective control of the licensee.

• (6) A notification referred to in subsection (5) shall set out the following information:

  • (a) the name of the person or the names of the person and the associate;

  • (b) the percentage of the voting interests controlled by the person or by the person and the associate; and

  • (c) a copy or a complete description of the act, agreement or transaction.

Local Management Agreement

• 11.1 (1) The definitions in this subsection apply in this section.

  associate

  associate has the same meaning as in subsection 11(1). (liens)

  local management agreement

  local management agreement means an arrangement, contract, understanding or agreement between two or more licensees or their associates that relates, directly or indirectly, to any aspect of the management, administration or operation of two or more stations, at least two of which

  • (a) broadcast in the same market; or

  • (b) broadcast in adjacent markets, with each station’s A.M. 5 mV/m contour, F.M. 0.5 mV/m contour or digital service area, as the case may be, overlapping the A.M. 15 mV/m contour, F.M. 3 mV/m contour or digital service area of the other station. (convention de gestion locale)

• (2) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee shall not enter into, or operate its station pursuant to, a local management agreement.

• (3) A licensee may operate its station pursuant to a local management agreement that was entered into before March 31, 1999 until December 31, 2001.

PART II

Application

12 This Part applies only to F.M. licensees and digital radio licensees.

13 [Repealed, SOR/93-358, s. 2]

Simulcasting

• 14 (1) An F.M. licensee or digital radio licensee that is also an A.M. licensee shall not, during the broadcast day, broadcast simultaneously on its F.M. station or digital radio station the same matter that is being broadcast on its A.M. station if any part of the F.M. station’s 3 mV/m contour or the digital radio station’s digital service area overlaps with any part of the A.M. station’s daytime 15 mV/m contour.

• (2) Notwithstanding subsection (1), a licensee may broadcast simultaneously if the simultaneous broadcasting is authorized pursuant to a condition of the licensee’s licence or if the broadcast consists of a special live program that includes commentary that is an integral part of the program and relates to

  • (a) a royal or vice-regal address, including a speech from the throne;

  • (b) an address by the Prime Minister of Canada or the first minister of a province;

  • (c) the results of a federal, provincial or municipal election or referendum;

  • (d) a federal, provincial or municipal budget; or

  • (e) an announcement of an emergency situation or disaster as issued by a police department, fire department or any organization designated by a federal, provincial or municipal government as being responsible for the coordination of emergency relief.

• (3) Notwithstanding subsection (1), a licensee may broadcast simultaneously for a maximum of 42 hours during any broadcast week.

PART IIICanadian Content Development

• 15 (1) The following definitions apply in this Part.

  broadcast year

  broadcast year means the period beginning on September 1 and ending on August 31 of the following year. (année de radiodiffusion)

  Community Radio Fund of Canada

  Community Radio Fund of Canada means the independent not-for-profit funding organization known as the Community Radio Fund of Canada Inc. (Fonds canadien de la radio communautaire)

  eligible initiative

  eligible initiative means an initiative that is considered to be eligible for Canadian content development funding as indicated in Broadcasting Public Notice CRTC 2006-158, dated December 15, 2006 and entitled Commercial Radio Policy 2006. (projet admissible)

  FACTOR

  FACTOR means the not-for-profit organization known as The Foundation Assisting Canadian Talent on Recordings. (FACTOR)

  MUSICACTION

  MUSICACTION means the not-for-profit organization known as MUSICACTION. (MUSICACTION)

  spoken word station

  spoken word station means an A.M. station, F.M. station or digital radio station that devotes more than 50% of a broadcast week to programming from content category 1. (station de créations orales)

  total revenues

  total revenues means the total broadcast revenues reported by an A.M. licensee, F.M. licensee or digital radio licensee in its annual returns for the previous broadcast year. (revenus totaux)

• (2) Except as otherwise provided under a condition of its licence that refers expressly to this subsection and subject to subsection (3), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station or ethnic station shall, if the licensee’s total revenues are more than $1,250,000, contribute annually to eligible initiatives $1,000 plus one half of one percent of those revenues that are in excess of $1,250,000.

• (3) If a condition of licence imposed prior to June 1, 2007 requires the licensee to make a contribution to the development of Canadian content or Canadian talent that is other than that referred to in subsection (2), the amount that the licensee is required to contribute under that subsection is reduced by the amount that the licensee is required to contribute under the condition of its licence.

• (4) [Repealed, SOR/2013-151, s. 1]

• (5) Except as otherwise provided under a condition of its license, a licensee whose total revenues are more than $1,250,000 shall make

  • (a) at least 15% of the contribution referred to in subsection (2) to the Community Radio Fund of Canada; and

  • (b) at least 45% of the contribution referred to in subsection (2) to FACTOR or MUSICACTION, however, if the licensee is licensed to operate an ethnic station or spoken word station, the licensee may instead make that percentage of the contribution to any eligible initiative that supports the creation of ethnic programs or programming from content category 1, as the case may be.