Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Broadcasting Act. (Loi)

affiliate

affiliate means

• (a) in respect of a distribution undertaking, a person that controls the licensee, or that is controlled by the licensee or by a person that controls the licensee; and

• (b) in respect of a television station, one that has an affiliation agreement with another television station. (affiliée)

affiliation agreement

affiliation agreement means an agreement between one or more television stations and another television station according to which programs provided by the latter station are broadcast by the one or more stations at a predetermined time. (contrat d’affiliation)

AM station

AM station means a station that broadcasts in the AM frequency band of 525 to 1 705 kHz. It does not include a carrier current undertaking or a transmitter that only rebroadcasts the radiocommunications of another station. (station AM)

anglophone market

anglophone market, in respect of a licensed area, means a market that is not a francophone market. (marché anglophone)

Atlantic provinces

Atlantic provinces means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador. (provinces de l’Atlantique)

authorized non-Canadian programming service

authorized non-Canadian programming service means a programming service that is authorized for distribution by the Commission and is included in the appendix to Broadcasting Regulatory Policy CRTC 2011-399, dated June 30, 2011 and entitled List of non-Canadian programming services authorized for distribution, as amended from time to time. (service de programmation non canadien approuvé)

available channel

available channel[Repealed, SOR/2011-148, s. 1]

basic band

basic band[Repealed, SOR/2011-148, s. 1]

basic monthly fee

basic monthly fee[Repealed, SOR/2011-148, s. 1]

basic service

basic service means the service distributed in a licensed area by a licensee as a package consisting of the programming services whose distribution is required under section 17 or 46 or a condition of its licence, and any other services that are included in the package for a single fee. (service de base)

broadcast week

broadcast week means a period of seven consecutive days beginning on a Sunday. (semaine de radiodiffusion)

broadcast year

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

cable distribution undertaking

cable distribution undertaking means an undertaking that distributes broadcasting to subscribers predominantly over closed transmission paths. (entreprise de distribution par câble)

Canadian production fund

Canadian production fund means the Canada Media Fund or its successor. (fonds de production canadien)

Canadian programming service

Canadian programming service means a programming service

• (a) that originates entirely within Canada; or

• (b) that is provided by a licensed programming undertaking. (service de programmation canadien)

Category A service

Category A service means

• (a) a Canadian programming service that is designated as such by the Commission; or

• (b) for the remainder of the term of a licence that was issued before September 1, 2011,

  • (i) a pay television service other than a Category 2 service that was designated as such by the Commission before that day and other than a Category C service, or

  • (ii) a specialty service other than a Category 2 service that was designated as such by the Commission before that day and other than a Category C service. (service de catégorie A)

Category B service

Category B service, except as set out in subsection 19(2), means

• (a) a Canadian programming service that is designated as such by the Commission; or

• (b) for the remainder of the term of a licence that was issued before September 1, 2011, a Category 2 service that was designated as such by the Commission before that day, other than a Category C service. (service de catégorie B)

Category C service

Category C service means

• (a) a Canadian programming service that is designated as such by the Commission; or

• (b) a pay television service or a specialty service that is subject to the conditions of licence set out in the appendices to Broadcasting Regulatory Policy CRTC 2009-562, dated September 4, 2009 and entitled Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news, as amended from time to time. (service de catégorie C)

Category 1 service

Category 1 service[Repealed, SOR/2011-148, s. 1]

Category 2 service

Category 2 service[Repealed, SOR/2011-148, s. 1]

channel

channel[Repealed, SOR/2011-148, s. 1]

Class 1 licensee

Class 1 licensee[Repealed, SOR/2011-148, s. 1]

Class 2 licensee

Class 2 licensee[Repealed, SOR/2011-148, s. 1]

Class 3 licensee

Class 3 licensee[Repealed, SOR/2011-148, s. 1]

clock hour

clock hour means a period of 60 minutes beginning on each hour and ending immediately before the next hour. (heure d’horloge)

commercial message

commercial message means an advertisement that is intended to sell or promote goods, a service or an activity, directly or indirectly, or an announcement that mentions or displays in a list of prizes the name of the person selling or promoting those goods or that service or activity. (message publicitaire)

community access television programming

community access television programming means programming produced by an individual, group or community television corporation residing within the licensed area of a cable distribution undertaking. (programmation d’accès à la télévision communautaire)

community-based digital undertaking

community-based digital undertaking means a programming undertaking that is licensed as a community-based digital undertaking and whose programming service is distributed on a digital basis. (entreprise communautaire numérique)

community-based low-power television station

community-based low-power television station means an analog or digital over-the-air programming undertaking that is licensed as a community-based low-power television station. (station de télévision communautaire de faible puissance)

community channel

community channel means the channel of a distribution undertaking that is used by a licensee or by a community programming undertaking for the distribution of community programming within a licensed area of the distribution undertaking. (canal communautaire)

community programming

community programming means, in relation to a licensed area, programming that is produced

• (a) by the licensee in the licensed area or by members of the community served in the licensed area;

• (b) by the licensee in another licensed area or by the members of the community served in that other licensed area and that is relevant to the community referred to in paragraph (a);

• (c) by another licensee in a licensed area or by the members of the community served in that licensed area and that is relevant to the community referred to in paragraph (a); or

• (d) by a person licensed to operate a network for the purpose of producing community programming for distribution by the licensee on a community channel.

This definition includes community access television programming and local community television programming. (programmation communautaire)

community programming undertaking

community programming undertaking means a television programming undertaking operated by a not-for-profit organization that is licensed to operate a community channel. (entreprise de programmation communautaire)

community television corporation

community television corporation means a not-for-profit corporation that resides within a licensed area, that is incorporated by or under the laws of Canada or of a province and of which

• (a) the primary activity is to produce local community television programming or to operate a community channel that is reflective of the community it represents;

• (b) board members are drawn from the community; and

• (c) all board members are entitled to participate and vote at an annual meeting. (société de télévision communautaire)

comparable

comparable, in respect of two or more programming services, means that not less than 95% of the video and audio components of those programming services, exclusive of commercial messages and of any part of the services carried on a subsidiary signal, are the same. (comparable)

contribution to local expression

contribution to local expression means a contribution made by a licensee toward the creation and distribution of community programming and accounted for in accordance with the allowable expenditures for community channels identified in the Appendix to Broadcasting Regulatory Policy CRTC 2010-622-1, dated September 13, 2010 and entitled Community television policy — Correction, including programming-related expenses as defined in subsection 32(1). (contribution à l’expression locale)

control

control means, in respect of a programming undertaking, any situation by which de facto control is achieved, whether directly through the ownership of securities, or indirectly through a trust, agreement or arrangement, through the ownership of a body corporate or otherwise. (contrôle)

customer

customer means a person who is liable for payment for programming services that are distributed by a licensee and that are received directly or indirectly by one or more subscribers. It does not include the owner or operator of a hotel, hospital, nursing home or other commercial or institutional premises. (client)

demarcation point

demarcation point, in respect of the wire that is used by a distribution undertaking for the distribution of programming services to a subscriber, means

• (a) if the subscriber’s residence or other premises are a single-unit building,

  • (i) 30 cm outside the exterior wall of the subscriber’s premises, or

  • (ii) any point to which the licensee and the customer have agreed; and

• (b) if the subscriber’s residence or other premises are located in a multiple-unit building,

  • (i) the point at which the wire is diverted to the exclusive use and benefit of that subscriber, or

  • (ii) any point to which the licensee and the customer have agreed. (point de démarcation)

digital radio station

digital radio station means a station that broadcasts in the frequency band of 1 452 to 1 492 MHz (L-Band) using a digital transmission system. (station de radio numérique)

digital service area

digital service area means a service area for a licensed digital radio station that is identified in the broadcasting certificate that is issued for that station by the Minister of Industry under paragraph 5(1)(a) of the Radiocommunication Act. (zone de desserte numérique)

discretionary service

discretionary service means a programming service that is not included in the basic service and that is distributed to subscribers on a discretionary basis for a fee separate from and in addition to the fee charged for the basic service. (service facultatif)

distant television station

distant television station means

• (a) in relation to a subscriber of a DTH distribution undertaking, a licensed television station that has a Grade B official contour or noise-limited bounding official contour that is more than 32 km from the area in which the subscriber’s residence or other premises are located; and

• (b) in relation to a terrestrial distribution undertaking, a licensed television station other than a local television station, regional television station or extra-regional television station. (station de télévision éloignée)

DTH distribution undertaking

DTH distribution undertaking means a direct-to-home (DTH) satellite distribution undertaking. (entreprise de distribution par SRD)

DTH eligible satellite service

DTH eligible satellite service[Repealed, SOR/2011-148, s. 1]

DTH pay-per-view service

DTH pay-per-view service means the pay-per-view service provided by a person licensed to carry on a direct-to-home pay-per-view television programming undertaking. (service à la carte par SRD)

educational authority

educational authority means a body that is

• (a) an independent corporation, within the meaning of section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences); or

• (b) a provincial authority, within the meaning of section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). (autorité éducative)

educational radio programming service

educational radio programming service means a radio programming service that provides the programming described in the definition of independent corporation in section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). (service de programmation de radio éducative)

educational television programming service

educational television programming service means a television programming service that provides the programming described in the definition of independent corporation in section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). (service de programmation de télévision éducative)

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 of the election or referendum; 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 of the election. (période électorale)

emergency alert message

emergency alert message[Repealed, SOR/2007-164, s. 1]

English major ownership group

English major ownership group means a major ownership group that provides its programming primarily in English. (groupe de propriété principal de langue anglaise)

ethnic Category A service

ethnic Category A service means a programming service that is designated as such by the Commission or referred to in paragraphs 129 and 138 of Broadcasting Public Notice CRTC 2008-100, dated October 30, 2008 and entitled Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services. (service ethnique de catégorie A)

ethnic station

ethnic station[Repealed, SOR/2011-148, s. 1]

exempt programming undertaking

exempt programming undertaking means a programming undertaking the operator of which is exempted from any or all of the requirements of Part II of the Act in an order made by the Commission under subsection 9(4) of the Act. (entreprise de programmation exemptée)

exempt third-language service

exempt third-language service means a programming service offered by a programming undertaking that is an exempt programming undertaking under the terms of the order entitled Exemption order respecting third-language television programming undertakings, made by the Commission under subsection 9(4) of the Act, that is set out in the Appendix to Broadcasting Public Notice CRTC 2007-33 dated March 30, 2007. (service en langue tierce exempté)

extra-regional television station

extra-regional television station, in relation to a licensed area of a distribution undertaking, means a licensed television station that has

• (a) a Grade A or Grade B official contour, digital urban official contour or noise-limited bounding official contour that does not include any part of the licensed area; and

• (b) a Grade B official contour or noise-limited bounding official contour that includes any point located 32 km or less from the local head end of the licensed area. (station de télévision extra-régionale)

FM station

FM station means a station that broadcasts in the FM frequency band of 88 to 108 MHz. It does not include a carrier current undertaking or a transmitter that only rebroadcasts the radiocommunications of another station. (station FM)

format

format, in respect of a video programming service, means analog, standard definition or high definition. (format)

4 + 1 package of programming services

4 + 1 package of programming services means a package that consists of the programming services of

• (a) four non-Canadian television stations that are each affiliated with a different commercial network; and

• (b) one non-commercial non-Canadian television station. (bloc de services de programmation 4 + 1)

francophone market

francophone market, in respect of a licensed area, means a market in which, according to the most recent population figures published by Statistics Canada, French is used as the mother tongue by more than 50% of the total population of all cities, towns and other municipalities that are situated in whole or in part within the licensed area. (marché francophone)

high definition

high definition means a television signal that consists of at least 1,280 vertical lines of resolution and 720 horizontal lines of resolution. (haute définition)

high definition service

high definition service means a programming service that provides any amount of its programming in high definition and includes a high definition version of a programming service. (service haute définition)

high definition version

high definition version means

• (a) in respect of a Category A service, Category B service or Category C service, the version of that service that is authorized by a condition of licence;

• (b) in respect of an authorized non-Canadian programming service, the version of that service that has the following characteristics:

  • (i) not more than 14 hours — over the course of a broadcast week — of the video and audio components are different from the analog or standard definition version of the programming service, excluding commercial messages and any part of the programming service that is carried on a subsidiary signal, and

  • (ii) the video and audio components that are different from the analog or standard definition version of the programming service are broadcast in high definition; and

• (c) in respect of a Canadian television station, the version of that television station that contains any amount of programming in high definition. (version haute définition)

House of Commons programming service

House of Commons programming service[Repealed, SOR/2011-148, s. 1]

independent production fund

independent production fund means a production fund, other than the Canadian production fund, that meets the criteria listed in the Commission’s Public Notice entitled Contributions to Canadian Programming by Broadcasting Distribution Undertakings, as amended from time to time. (fonds de production indépendant)

inside wire

inside wire means the wire that is used by a distribution undertaking for the distribution of programming services that is located inside a building or, in the case of an externally wired multiple-unit building, outside the building, and that extends from the demarcation point to one or more terminal devices inside a subscriber’s residence or other premises. It includes the outlets, splitters and faceplates that are attached or connected to the wire but does not include a secured enclosure that is used to house the wire and that is attached to the exterior wall of a subscriber’s residence or other premises, an amplifier, a channel converter, a decoder or a remote control unit. (câblage intérieur)

licence

licence means

• (a) in the case of a Category A service, Category B service or Category C service, a licence to carry on an analog pay television programming undertaking, an analog specialty programming undertaking, a Category 1 programming undertaking or a Category 2 programming undertaking;

• (b) in the case of a television station, the licence to carry on a television station; and

• (c) in all other cases, a licence to carry on a distribution undertaking. (licence)

licensed

licensed means licensed by the Commission under paragraph 9(1)(b) of the Act. (autorisé)

licensed area

licensed area means an area for which a licensee has been licensed to carry on a distribution undertaking. (zone de desserte autorisée)

licensee

licensee means a person who is authorized by a licence or a regional licence to carry on one or more distribution undertakings. (titulaire)

local AM station

local AM station means, in relation to a licensed area of a distribution undertaking, a licensed AM station that has its principal studio located within 32 km of the local head end of the licensed area. (station AM locale)

local community television programming

local community television programming means, in relation to a licensed area, programming that is reflective of the community served in the licensed area and that is produced

• (a) by the licensee in the licensed area, by the members of the community served in the licensed area or by a community television corporation residing in the licensed area; or

• (b) by another licensee in a licensed area within the same municipality as the licensee referred to in paragraph (a), by the members of the community served in that licensed area or by a community television corporation residing within that licensed area. (programmation locale de télévision communautaire)

local digital radio station

local digital radio station means, in relation to a licensed area of a distribution undertaking, a licensed digital radio station that has a digital service area that includes any part of the licensed area. (station de radio numérique locale)

local FM station

local FM station means, in relation to a licensed area of a distribution undertaking, a licensed FM station that has a 500 µV/m official contour that includes any part of the licensed area. (station FM locale)

local head end

local head end means

• (a) in respect of a radiocommunication distribution undertaking, its transmitter site; and

• (b) in respect of any other terrestrial distribution undertaking,

  • (i) the specific location at which it receives the majority of the programming services that it distributes in a licensed area that are provided by local television stations or, if there are no local television stations, by regional television stations, or

  • (ii) if the majority of programming services are not received at one specific location, the specific location in the licensed area that has been designated by the licensee and authorized by the Commission as the licensee’s head end for that licensed area. (tête de ligne locale)

Local Programming Improvement Fund

Local Programming Improvement Fund means the Local Programming Improvement Fund — established in Broadcasting Public Notice CRTC 2008-100 entitled Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services — or its successor. (Fonds pour l’amélioration de la programmation locale)

local radio station

local radio station means a local AM station, a local FM station or a local digital radio station. (station de radio locale)

local television station

local television station, in relation to a licensed area of a distribution undertaking, means a licensed television station that

• (a) has a Grade A official contour or digital urban official contour that includes any part of the licensed area; or

• (b) if there is no Grade A official contour or digital urban official contour, has a transmitting antenna that is located within 15 km of the licensed area. (station de télévision locale)

major ownership group

major ownership group means an ownership group that is set out in the schedule. (groupe de propriété principal)

non-Canadian programming service

non-Canadian programming service means a programming service that is not a Canadian programming service. (service de programmation non canadien)

non-Canadian television station

non-Canadian television station means a television station that has a transmitter site located outside Canada. (station de télévision non canadienne)

official contour

official contour means a service contour for a licensed television station, licensed AM station or licensed FM station, that is identified in the broadcasting certificate that is issued for that station by the Minister of Industry under paragraph 5(1)(a) of the Radiocommunication Act. (périmètre de rayonnement officiel)

operator

operator means

• (a) in relation to a licensed programming undertaking, the person that is licensed to carry on the programming undertaking; or

• (b) in relation to an exempt programming undertaking, the person that carries on the exempt programming undertaking. (exploitant)

ownership group

ownership group means a person that controls one or more persons that carry on one or more licensed or exempt programming undertakings and all persons that carry on those programming undertakings. (groupe de propriété)

Part 2 eligible satellite service

Part 2 eligible satellite service[Repealed, SOR/2011-148, s. 1]

Part 3 eligible satellite service

Part 3 eligible satellite service[Repealed, SOR/2011-148, s. 1]

pay audio service

pay audio service means the programming service provided by a person licensed to carry on a pay audio programming undertaking. (service sonore payant)

pay-per-view service

pay-per-view service means a scheduled programming service that is provided to subscribers on a pay-per-view basis. (service à la carte)

pay television service

pay television service means the programming service, other than the pay-per-view service, provided by a person licensed to carry on a pay television programming undertaking. (service de télévision payante)

programming service

programming service means a program that is provided by a programming undertaking. (service de programmation)

public affairs programming service

public affairs programming service[Repealed, SOR/2011-148, s. 1]

radiocommunication distribution undertaking

radiocommunication distribution undertaking means a distribution undertaking, other than a DTH distribution undertaking, that distributes programming services predominantly by means of radio waves. (entreprise de distribution de radiocommunication)

regional licence

regional licence means a licence issued by the Commission that authorizes the licensee to carry on distribution undertakings in two or more licensed areas. (licence régionale)

regional television station

regional television station, in relation to a licensed area of a distribution undertaking, means a licensed television station — other than a local television station — that has a Grade B official contour or noise-limited bounding official contour that includes any part of the licensed area. (station de télévision régionale)

related programming undertaking

related programming undertaking means a programming undertaking of which a licensee or an affiliate of that licensee, or both, controls more than 10%. (entreprise de programmation liée)

relay distribution undertaking

relay distribution undertaking means a distribution undertaking that receives the programming services of programming undertakings and distributes them only to one or more other distribution undertakings. (entreprise de distribution par relais)

restricted channel

restricted channel[Repealed, SOR/2011-148, s. 1]

service area

service area means an area for which a community-based digital undertaking or a community-based low-power television station has been licensed. (zone de service)

share

share means a share in the capital of a corporation and includes a security that is convertible into a share at all times at the option of the holder. (action)

Small Market Local Production Fund

Small Market Local Production Fund means the independent production fund that has been established to assist small market, independently-owned television stations in meeting their commitments to local programming in accordance with the criteria set out in Broadcasting Public Notice CRTC 2003-38, dated July 16, 2003 and entitled Contributions to Canadian programming by broadcasting distribution undertakings, or its successor. (Fonds de production local pour les petits marchés)

specialty audio service

specialty audio service means a programming service provided by a person licensed to carry on a specialty audio programming undertaking. (service sonore spécialisé)

specialty service

specialty service means the programming service provided by a person licensed to carry on a specialty programming undertaking. (service spécialisé)

standard definition

standard definition means a television signal that consists of fewer lines of horizontal or vertical resolution than does a high definition version of a television signal. (définition standard)

station

station means a radio or television programming undertaking that is licensed as a radio or television station or that provides its programming service by way of a transmitting antenna, or a radiocommunication distribution undertaking that rebroadcasts, by way of a signal that is not encrypted, the programming service of a radio or television programming undertaking. (station)

subscriber

subscriber means

• (a) a household of one or more persons, whether occupying a single-unit dwelling or a unit in a multiple-unit dwelling, to which service is provided directly or indirectly by a licensee; or

• (b) the owner or operator of a hotel, hospital, nursing home or other commercial or institutional premises to which service is provided by a licensee. (abonné)

subscription television system

subscription television system means an undertaking that distributes encrypted programming services by low-power transmitters using the conventional VHF or UHF television bands. (système de télévision par abonnement)

television pay-per-view service

television pay-per-view service means the pay-per-view service that is provided by a person licensed to carry on a pay-per-view programming undertaking. (service de télévision à la carte)

terrestrial distribution undertaking

terrestrial distribution undertaking means a distribution undertaking — other than a DTH distribution undertaking or a relay distribution undertaking — that is

• (a) the holder of a terrestrial distribution licence or terrestrial distribution regional licence issued on or after September 1, 2011; or

• (b) for the remainder of the term of a licence that was issued before September 1, 2011,

  • (i) the holder of a Class 1 licence or Class 1 regional licence,

  • (ii) the holder of a Class 2 licence or Class 2 regional licence, or

  • (iii) the holder of a Class 3 licence or Class 3 regional licence. (entreprise de distribution terrestre)

third-language service

third-language service means a programming service that provides at least 90% of its programming over the broadcast week in one or more languages other than English or French, exclusive of secondary audio programming and subtitles. (service en langue tierce)

unrelated programming undertaking

unrelated programming undertaking means a programming undertaking that is not a related programming undertaking. (entreprise de programmation non liée)

unserved community

unserved community[Repealed, SOR/2011-148, s. 1]

video-on-demand service

video-on-demand service means the programming service provided by a person licensed to carry on a video-on-demand programming undertaking. (service de vidéo sur demande)

wholesale rate

wholesale rate means the monthly fee that is payable by a licensee to a programming undertaking to receive a programming service. (tarif de gros)

Application

2 These Regulations apply to persons licensed to carry on a distribution undertaking, other than a person licensed to carry on

• (a) a subscription television system;

• (b) a relay distribution undertaking; or

• (c) an undertaking that only rebroadcasts the radiocommunications of one or more other licensed undertakings.

PART 1General

Prohibition

3 A licensee shall not distribute programming services except as required or authorized under its licence or these Regulations.

Transfer of Ownership

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

  associate

  associate, when used to indicate a relationship with a 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 the person together with one or more associates as described in this definition, has, directly or indirectly, control of 50% 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% 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 when the person controls less than 1% 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 a 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, an estate, a trust, 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 its profits, to receive a share of its assets on dissolution and to participate directly in its management 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 its management 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 regarding 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, following 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.

• (4) Except as otherwise provided under 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 of the effective control of its undertaking; or

  • (b) a person who, alone, or together with an associate,

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

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

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

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

• (5) A licensee shall notify the Commission within 30 days after the occurrence of any act, agreement or transaction that, directly or indirectly, results in a person who, alone, or together with an associate, controls less than

  • (a) 20% of the voting interests of the licensee, having control of 20% or more but less than 30% of those interests;

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

  • (c) 40% of the voting interests of the licensee, having control of 40% or more but less than 50% of those interests but not having, directly or indirectly, effective control of the licensee; or

  • (d) 40% of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 40% or more but less than 50% 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.

Distribution of Basic Service

5 Except as otherwise provided under a condition of its licence or these Regulations, no licensee shall provide a subscriber with any programming services, other than pay-per-view services, video-on-demand services or the programming services of exempt programming undertakings, without also providing the basic service of the licensee.

Majority of Canadian Programming Services

• 6 (1) Except as otherwise provided under a condition of its licence, a licensee shall ensure, in respect of each of analog and digital technology, that a majority of each of the video and audio programming services that are received by a subscriber are devoted to the distribution of Canadian programming services.

• (2) For the purposes of subsection (1), each programming service of one of the following types counts as a single video programming service regardless of the number of channels on which that programming service is distributed by a licensee in a licensed area:

  • (a) pay television service;

  • (b) television pay-per-view service;

  • (c) DTH pay-per-view service; and

  • (d) video-on-demand service.

• (3) For the purposes of subsection (1), each analog service, standard definition service and high definition service of the following types of programming service counts as a single video programming service:

  • (a) licensed television station;

  • (b) pay television service;

  • (c) specialty service;

  • (d) authorized non-Canadian programming service; and

  • (e) non-Canadian television station.

Alteration or Deletion of Programming Service

7 A licensee shall not alter the content or format of a programming service or delete a programming service in a licensed area in the course of its distribution except

• (a) as required or authorized under a condition of its licence or these Regulations;

• (b) for the purpose of complying with subsection 328(1) of the Canada Elections Act;

• (c) for the purpose of deleting a programming service to comply with an order of a court prohibiting the distribution of the service to any part of the licensed area;

• (d) for the purpose of altering a programming service to insert a warning to the public announcing

  • (i) any danger to life or property if the insertion is provided for in an agreement entered into by the licensee with the operator of the service or the network responsible for the service, or

  • (ii) an imminent or unfolding danger to life if there is no agreement with the operator of the service or the network responsible for the service;

• (e) for the purpose of preventing the breach of programming or underlying rights of a third party, in accordance with an agreement entered into with the operator of the service or the network responsible for the service;

• (f) for the purpose of deleting a subsidiary signal, unless the signal is, itself, a programming service or is related to the service being distributed; or

• (g) for the purpose of inserting a commercial message, if the insertion is in accordance with an agreement between the licensee and the operator of a Canadian programming service or the network responsible for that Canadian programming service and that agreement pertains to commercial messages directed at a target market of consumers.

Prohibited Programming Content

• 8 (1) No licensee shall distribute a programming service that the licensee originates and that contains

  • (a) anything that contravenes any law;

  • (b) any abusive comment or abusive pictorial representation that, when taken in context, tends to or is likely to expose an individual or 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 or pictorial representation; or

  • (d) any false or misleading news.

• (2) For the purpose of paragraph (1)(b), sexual orientation does not include the orientation towards a sexual act or activity that would constitute an offence under the Criminal Code.

• (3) For the purpose of paragraph (1)(c), material 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.

Undue Preference or Disadvantage

• 9 (1) No licensee shall give an undue preference to any person, including itself, or subject any person to an undue disadvantage.

• (2) In any proceedings before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.

Inside Wire

• 10 (1) A licensee that owns an inside wire shall, on request, permit the inside wire to be used by a subscriber, by another licensee, or by a broadcasting undertaking in respect of which an exemption has been granted, by order under subsection 9(4) of the Act, from the requirement to obtain a licence.

• (2) The licensee that owns an inside wire may charge a just and reasonable fee for the use of the wire.

• (3) The licensee that owns an inside wire must not remove it from a building if a request for the use of the wire has been made and is pending under subsection (1), or while the wire is being used in accordance with that subsection.

Information To Be Submitted to the Commission

• 11 (1) 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 12-month period ending on the previous August 31.

• (2) 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.

• (3) [Repealed, SOR/2011-148, s. 5]

Dispute Resolution

• 12 (1) If there is a dispute between the licensee of a distribution undertaking and the operator of a licensed programming undertaking or an exempt programming undertaking concerning the carriage or terms of carriage of programming originated by the programming undertaking — including the wholesale rate and the terms of any audit referred to in section 15.1 — one or both of the parties to the dispute may refer the matter to the Commission.

• (2) [Repealed, SOR/2011-148, s. 6]

• (3) The Commission may require the parties to engage in mediation before the Commission accepts a referral of the matter for dispute resolution.

• (4) If the Commission accepts a referral of a matter for dispute resolution, the Commission may appoint a person to assist in the resolution of the dispute, by way of mediation or otherwise, or may proceed to render a decision in accordance with section 15.

• (5) Any information relating to the resolution of a dispute filed with the Commission must be kept confidential, unless the Commission determines that it would be in the public interest to do otherwise.

• (6) When the Commission accepts a referral of a matter for dispute resolution, information provided by a party for the purposes of the dispute resolution may not be used by the other party to the dispute for any other purpose except with the prior consent of the party providing the information.

• (7) During dispute resolution, the person appointed under subsection (4) may request additional information from the parties or require their attendance at a meeting to discuss the matters in dispute.

• (8) A person appointed under subsection (4) may refer a matter to the Commission if a party does not comply with a request under subsection (7), and the Commission may require the additional information or attendance at a meeting in order to discuss the matters in dispute.

13 An agreement that is reached after dispute resolution must be in writing and be signed by all parties.

14 If no agreement is reached by the parties, the person appointed under subsection 12(4) must submit a report to the Commission concerning all unresolved matters within the period established by the Commission.

15 The Commission may, after accepting a referral of a matter for resolution under section 12, render a decision concerning any unresolved matters, including the wholesale rate.

Audit Access by Programming Services

15.1 A licensee shall give access to its records to any Canadian programming undertaking that receives a wholesale rate for its programming services to enable the programming undertaking to verify the subscriber numbers for the programming services of the programming undertaking in accordance with the terms prescribed in Broadcasting Public Notice CRTC 2005-34, dated April 18, 2005 and entitled Auditing of distributor subscriber information by programming services.

Account Stacking

15.2 If a licensee is required to pay a wholesale rate for a Canadian programming service that it provides to a single subscriber at two or more separate dwellings or other premises that are owned or occupied by the same subscriber, the licensee shall remit the wholesale rate to the Canadian programming undertaking for each dwelling or other premises served.

Notice of Channel Realignment

15.3 A licensee shall not realign the channel number on which a Canadian programming service is distributed unless, at least 60 days before the proposed effective date of the realignment, the licensee sends a written notice indicating the intended date of the realignment and the channel number on which the programming service will be distributed to each of the operators of the programming services whose channel placements will be affected by the channel realignment.

PART 2Terrestrial Distribution Undertakings

Application

16 Except as otherwise provided in these Regulations or under a condition of licence, this Part applies to the digital distribution of programming services by licensees that hold a licence to operate a terrestrial distribution undertaking.

16.1 [Repealed, SOR/2011-148, s. 8]

Television Programming Services To Be Distributed as Part of the Basic Service

• 17 (1) Except as otherwise provided in subsections (3) to (5) or under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service, in the following order of priority:

  • (a) the programming services of all local television stations that are owned and operated by the Corporation;

  • (b) the educational television programming services that are received by the licensee over the air or by some other method, the operation of which is the responsibility of an educational authority designated by the province in which the licensed area is located;

  • (c) the programming services of all other local television stations that are not being distributed under paragraph (a) or (b);

  • (d) the programming services of any regional television station that is owned and operated by the Corporation, unless the licensee is distributing, in accordance with paragraph (a), the programming services of a local television station that is owned and operated by the Corporation and that broadcasts in the same official language as the regional television station;

  • (e) the programming services of all regional television stations that are not being distributed in accordance with paragraph (b) or (d), except to the extent that the licensee is distributing, under paragraph (a), (c) or (d), the programming services of an affiliated television station or one that is a member of the same ownership group;

  • (f) if they are provided to the licensee by the programming undertaking and are not being distributed in accordance with paragraph (a) or (d), the programming services of at least one television station that broadcasts in English and at least one that broadcasts in French that are owned and operated by, or that are affiliates of, the Corporation; and

  • (g) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service.

• (2) Except as otherwise provided under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service:

  • (a) the programming services of the community channel if the licensee elects to distribute community programming under paragraph 20(1)(d), or the programming services of a community programming undertaking if one is licensed in the licensed area; and

  • (b) a programming service that consists of the proceedings of the legislature of the province in which the licensed area is located if the licensee elects to distribute that programming service, unless the programming undertaking that provides that programming service agrees in writing to its distribution as a discretionary service.

• (3) If a licensee receives programming services that are identical, it is required to distribute only one of them under subsection (1).

• (4) If the programming services of two or more television stations rank equally in the order of priority set out in subsection (1), a licensee shall, unless the operators of the stations agree otherwise in writing, give priority

  • (a) if all of the stations have studios that are located in the province in which the licensed area is located or in the National Capital Region as described in the schedule to the National Capital Act, to the programming services of those stations in the order of the proximity of their main studios to the local head end of the licensed area; and

  • (b) if one or more — but not all — of the stations have studios that are located in the same province as the licensed area, to the programming service of any station that has a studio located in the same province as the licensed area.

• (5) The licensee’s obligation to distribute the programming services of a local television station or a regional television station under subsection (1) also includes the obligation to distribute the digital programming service of that television station that is received by direct feed if the programming service of the local television station or regional television station is also received over the air by the licensee in its licensed area.

Access for Television Programming Services

• 18 (1) In subsection (2), general interest television pay-per-view service means a television pay-per-view service whose programming is selected — unrestricted by any condition of licence — from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990.

• (2) Except as otherwise provided in this section, in sections 23 to 27 or under a condition of its licence, a licensee shall distribute

  • (a) if the licensee is operating in an anglophone market,

    • (i) each English-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,

    • (ii) at least one English-language general interest television pay-per-view service, and

    • (iii) to the extent that such a programming service is available, at least one French-language Category A service, Category B service or Category C service for every 10 English-language programming services that it distributes;

  • (b) if the licensee is operating in a francophone market,

    • (i) each French-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,

    • (ii) at least one French-language general interest television pay-per-view service, and

    • (iii) to the extent that such a programming service is available, at least one English-language Category A service, Category B service or Category C service for every 10 French-language programming services that it distributes; and

  • (c) the ethnic Category A service of a programming undertaking that is authorized to provide that programming service to all or part of the licensed area if

    • (i) the licensee was distributing the service in the licensed area on October 30, 2008, or

    • (ii) according to the most recent population figures published by Statistics Canada, 10% or more of the total population of all cities, towns and other municipalities situated in whole or in part within the licensed area is of one or a combination of the ethnic origins to which the service is intended to appeal.

• (3) For the purposes of subparagraphs (2)(a)(iii) and (b)(iii),

  • (a) a Category A service, Category B service or Category C service does not include a programming service that is required under section 17 to be distributed in the licensed area; and

  • (b) the analog or standard definition programming service and the high definition service together count as a single programming service.

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

  • (a) the programming service of a community-based low-power television station to the subscribers of the distribution undertaking whose residence or other premises are located within the service area of that station; and

  • (b) the programming service of a community-based digital undertaking to the subscribers of the distribution undertaking whose residence or other premises are located within the service area of that undertaking.

• (5) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under this section and section 19 by distributing either the standard definition programming service or the high definition version of that programming service.

18.1 [Repealed, SOR/2011-148, s. 8]

Access for Unrelated Programming Undertakings

• 19 (1) The following definitions apply in this section.

  related exempt programming undertaking

  related exempt programming undertaking means an exempt programming undertaking that is not an unrelated exempt programming undertaking. (entreprise de programmation exemptée liée)

  unrelated exempt programming undertaking

  unrelated exempt programming undertaking means

  • (a) an exempt programming undertaking of which the licensee or an affiliate, or both, controls 10% or less; or

  • (b) an exempt programming undertaking of which the licensee or an affiliate, or both, controls more than 10% but less than 15% and whose programming services the licensee was distributing on October 30, 2008. (entreprise de programmation exemptée non liée)

• (2) For the purposes of subsection (3), a Category B service includes

  • (a) a video-on-demand service;

  • (b) a pay-per-view service distribution of which began on or after February 1, 2001; and

  • (c) a DTH pay-per-view service distribution of which began on or after February 1, 2001.

• (3) Except as otherwise provided under a condition of its licence, a licensee shall, for each Category B service and each exempt third-language service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least three Category B services or at least three exempt third-language services — or any combination of at least three of those services — of unrelated programming undertakings.

• (4) If the Category B service of the related programming undertaking referred to in subsection (3) is a French-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be French-language programming services.

• (5) A licensee that distributes one or more programming services of related exempt programming undertakings in a licensed area shall also distribute an equal number of programming services of unrelated exempt programming undertakings in the licensed area.

19.1 [Repealed, SOR/2011-148, s. 8]

Television Programming Services that May Be Distributed

• 20 (1) Except as otherwise provided under a condition of its licence, a licensee may, once it is distributing all the programming services that it is required to distribute in a licensed area under sections 17 to 19, distribute in that licensed area

  • (a) the programming service of any regional television station that is not distributed by the licensee in the licensed area under section 17 or of any extra-regional television station;

  • (b) any video-on-demand service and any television pay-per-view service, the operator of which is authorized to provide the service to all or part of the licensed area, that is not distributed by the licensee in the licensed area under section 18 or 19;

  • (c) any Category A service, Category B service or Category C service that is not distributed by the licensee in the licensed area under section 18 or 19;

  • (d) subject to section 30, community programming;

  • (e) the programming service of any non-Canadian television station that is received over the air at the local head end, other than

    • (i) a programming service consisting of programming that has predominantly religious content, and

    • (ii) the programming service of a non-Canadian television station that began operation after January 1, 1985;

  • (f) any authorized non-Canadian programming service — including, subject to section 22, a 4 + 1 package of programming services;

  • (g) subject to section 21, the programming service of any distant television station;

  • (h) the programming service of any licensed television station that provides its programming services by direct feed and that is not distributed by the licensee in the licensed area under section 17 or otherwise under this section;

  • (i) subject to subsection 19(5), the programming service of any exempt programming undertaking;

  • (j) any programming service that promotes a programming service distributed by the licensee and that meets the criteria set out in paragraph 27 of Broadcasting Public Notice CRTC 2007-74, dated July 5, 2007 and entitled Previews and promotional channels;

  • (k) subject to section 21, an educational television programming service whose operation is the responsibility of an educational authority designated by a province other than the province in which the licensed area is located; and

  • (l) any programming service — including, subject to section 22, a further 4 + 1 package of programming services — that is authorized under a condition of its licence.

• (2) A licensee that distributes a programming service under subsection (1) may also distribute the high definition version of that programming service.

Distribution of Distant Television Stations

• 21 (1) Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall obtain the consent of the operator of a distant television station to distribute its signal before the licensee makes the signal available to its subscribers.

• (2) The licensee is not required to obtain the consent of the operator of the distant television station if the signal is required to be distributed as part of the licensee’s basic service under section 17 or under a condition of its licence.

Distribution of Non-Canadian Television Stations

22 Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall not distribute a 4 + 1 package of programming services that originate outside the time zone in which the licensee’s local head end is located unless the licensee also distributes to its subscribers the programming services of at least one television station from each English major ownership group that originate in the same time zone.

Distribution and Linkage

• 23 (1) Except as otherwise provided under a condition of its licence, a licensee that distributes a Category A service in a licensed area as part of a package of programming services may also distribute the service in the licensed area on a stand-alone basis.

• (2) If the licensee is operating in a francophone market, it shall distribute, in that market in a single package of programming services, all the French-language Category A services that it does not otherwise distribute in that market under paragraph 17(1)(g), before it distributes any of those services in other packages of programming services or on a stand-alone basis.

24 Except as otherwise provided under a condition of its licence, a licensee shall not distribute an authorized non-Canadian programming service unless it distributes the service on a discretionary basis.

• 25 (1) Except as otherwise provided under a condition of its licence, a licensee shall not distribute Category B services or exempt third-language services that are adult programming services unless they are packaged in such a way that subscribers are not obligated to subscribe to any of those programming services in order to obtain any other programming service.

• (2) A licensee that distributes Category B services or exempt third-language services that are adult programming services shall fully block the reception of both the audio and video portions of those services to subscribers who request that they not receive the services in either unscrambled or scrambled mode.

• 26 (1) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee may distribute, on a stand-alone basis, a single point-of-view religious pay television service, a limited point-of-view religious pay television service, a religious specialty service or a religious authorized non-Canadian programming service.

• (2) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee shall not distribute single point-of-view religious pay television services, limited point-of-view religious pay television services, religious specialty services or religious authorized non-Canadian programming services in a package of programming services unless the other services in the package are one or more of those types of services.

• (3) The licensee may only distribute the services referred to in subsections (1) and (2) as discretionary services.

• 27 (1) The following definitions apply in this section.

  general interest

  general interest in respect of programming, means programming from a broad spectrum of program genres and categories. (intérêt général)

  principal language

  principal language means a language in which 40% or more of the programming of a programming service is provided over the course of a broadcast week. (langue principale)

• (2) Except as otherwise provided under a condition of its licence, a licensee shall, for every one to three non-Canadian third-language services that it distributes to its subscribers, distribute — to the extent that they are available in the same principal language — at least one Canadian third-language service.

• (3) Except as otherwise provided under a condition of its licence, a licensee that distributes a non-Canadian third-language service in accordance with subsection (2) shall only distribute that service to its subscribers as part of a package with one or more Canadian third-language services.

• (4) Except as otherwise provided under a condition of its licence, a licensee that distributes a general interest Category B third-language service to subscribers shall also distribute an ethnic Category A service to them if one is available in the same principal language.

27.1 [Repealed, SOR/2011-148, s. 8]

Audio Programming Services that May Be Distributed

• 28 (1) Except as otherwise provided under a condition of its licence, a licensee may distribute in any licensed area

  • (a) any audio Canadian programming service of a licensed programming undertaking or exempt programming undertaking;

  • (b) any audio non-Canadian programming service that is received over the air at the local head end;

  • (c) any international radio service that is operated or funded by a national government or its agent; and

  • (d) any audio programming service that is authorized under a condition of its licence.

• (2) Except as otherwise provided under a condition of its licence, a licensee shall, for each specialty audio service of a related programming undertaking that it distributes in a licensed area, distribute the lesser of

  • (a) five specialty audio services of any unrelated programming undertakings, and

  • (b) the number of specialty audio services of any unrelated programming undertakings that are available for distribution in the licensed area.

Access by Pay Audio Programming Undertakings

• 29 (1) In this section, unrelated pay audio programming undertaking means

  • (a) a pay audio programming undertaking of which the licensee or an affiliate, or both, controls 10% or less; or

  • (b) a pay audio programming undertaking of which the licensee or an affiliate, or both, controls more than 10% but less than 30% and whose programming services the licensee was distributing on October 30, 2008.

• (2) Subject to subsection (3), if a licensee distributes in a licensed area the programming service of a pay audio programming undertaking other than an unrelated pay audio programming undertaking, the licensee shall distribute in the licensed area the programming service of at least one unrelated pay audio programming undertaking.

• (3) A licensee is not required to distribute in a licensed area the programming service of an unrelated pay audio programming undertaking that is delivered to the licensee in a format that is technically incompatible with the licensee’s method of signal distribution.

29.1 [Repealed, SOR/2011-148, s. 8]

29.2 [Repealed, SOR/2011-148, s. 8]

29.3 [Repealed, SOR/2011-148, s. 8]

Community Channel

• 30 (1) Except as otherwise provided in subsections (2) and (3) or under a condition of its licence, if a licensee elects to distribute community programming under paragraph 20(1)(d) in a licensed area, the licensee shall not distribute, on the community channel in the licensed area, any programming service other than the following:

  • (a) community programming;

  • (b) a maximum of two minutes during each clock hour of announcements promoting broadcasting services that the licensee is authorized to provide;

  • (c) a public service announcement;

  • (d) an information program funded by and produced for a federal, provincial or municipal government or agency or a public service organization;

  • (e) the question period of the legislature of the province in which the licensed area is located;

  • (f) an announcement providing information about the programming that is to be distributed on the community channel;

  • (g) a commercial message that mentions or displays the name of a person who sponsored a community event or the goods, services or activities sold or promoted by the person, if the mention or display is in the course of, and incidental to the production of, community programming relating to the event;

  • (h) an oral or written acknowledgement, that may include a moving visual presentation of no more than 15 seconds per message, contained in community programming that mentions no more than the name of a person, a description of the goods, services or activities that are being sold or promoted by the person, and their address and telephone number, if the person provided direct financial assistance for the community programming in which the acknowledgement is contained;

  • (i) an oral or a written acknowledgement contained in community programming that mentions no more than the name of a person, the goods or services provided by the person and their address and telephone number, if the person provided the goods or services free of charge to the licensee for use in connection with the production of the community programming in which the acknowledgement is contained;

  • (j) a still image programming service as described in Public Notice CRTC 1993-51, dated April 30, 1993 and entitled Exemption order respecting still image programming service undertakings, if the service is produced by the licensee or by members of the community served by the licensee and does not contain commercial messages, other than commercial messages that are contained within the programming service of a licensed radio station; and

  • (k) the programming of a community programming undertaking.

• (2) At least 75% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) shall be made available for the promotion of the community channel and for the promotion, by Canadian programming undertakings other than related programming undertakings, of their respective services.

• (3) A maximum of 25% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) may be made available for the promotion of the services of related programming undertakings, discretionary services, packages of programming services, FM services and additional outlets and for the distribution of information on customer services and channel realignments.

• (4) Whenever a licensee is not distributing community programming on the community channel in a licensed area, or is distributing on that channel community programming that has no audio component, the licensee may distribute on that channel the programming service of a local radio station, other than an educational radio programming service whose operation is the responsibility of an educational authority.

• (5) If a licensee provides time on the community channel in a licensed area during an election period for the distribution of programming of a partisan political character, the licensee shall allocate that time on an equitable basis among all accredited political parties and rival candidates.

• 31 (1) Except as otherwise provided under a condition of its licence, a licensee shall devote not less than 60% of the programming distributed on the community channel in the licensed area in each broadcast week to the distribution of local community television programming.

• (2) Except as otherwise provided under a condition of its licence, a licensee

  • (a) shall devote at least the following percentages of the programming distributed on the community channel in each broadcast week to community access television programming:

    • (i) 35% for the broadcast year beginning on September 1, 2011 and ending on August 31, 2012,

    • (ii) 40% for the broadcast year beginning on September 1, 2012 and ending on August 31, 2013,

    • (iii) 45% for the broadcast year beginning on September 1, 2013 and ending on August 31, 2014, and

    • (iv) 50% for each successive broadcast year beginning on September 1, 2014;

  • (b) shall, on or before August 31, 2014, devote a further percentage up to a total of 50% of the programming distributed on the community channel in each broadcast week to community access television programming, according to requests;

  • (c) shall, if one or more community television corporations are in operation in a licensed area, make available to them up to 20% of the programming distributed on the community channel in each broadcast week for community access television programming; and

  • (d) shall, if one or more community television corporations are in operation in a licensed area, make available to each of them, on request, not less than four hours of community access television programming in each broadcast week.

• (3) The time allocated to the distribution of alphanumeric message services is excluded from the calculation of the programming requirement under this section.

• 32 (1) In this section, programming-related expense means an expenditure for the creation of programming, including

  • (a) expenditures on volunteer training and volunteer program development and community outreach, but excluding expenditures related to technology, sales, promotion and administration as well as general expenses; and

  • (b) expenditures related to the acquisition of programming produced by community-based digital undertakings, community-based low-power television stations or community television corporations.

• (2) Except as otherwise provided under a condition of its licence, a licensee shall direct to community access programming at least the following percentages of its programming-related expenses:

  • (a) 35% for the broadcast year beginning on September 1, 2011 and ending on August 31, 2012;

  • (b) 40% for the broadcast year beginning on September 1, 2012 and ending on August 31, 2013;

  • (c) 45% for the broadcast year beginning on September 1, 2013 and ending on August 31, 2014; and

  • (d) 50% for each successive broadcast year beginning on September 1, 2014.

• (3) Except in the final year of the term of its licence, a licensee may defer up to 5% of the amount of programming-related expenses required to be directed in respect of a given broadcast year under subsection (2) to the following broadcast year.

32.1 [Repealed, SOR/2011-148, s. 8]

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

  • (a) keep a program log or a machine-readable record of programs distributed on the community channel in each licensed area and retain it for a period of one year after distribution of the programs; and

  • (b) enter into the program log or machine-readable record of programs each day the following information for each program:

    • (i) the title of the program,

    • (ii) its date of distribution, time of commencement and completion, and duration, including the announcements and commercial messages referred to in paragraphs 30(1)(b) and (g),

    • (iii) a brief description of the program, including a statement as to whether it is local community television programming,

    • (iv) the name of the distribution undertaking for which the program was produced and the name of the producer,

    • (v) a statement as to whether the program constitutes community access television programming and identifying the party that has been provided with access, and

    • (vi) the time of commencement of the announcements and commercial messages referred to in paragraphs 30(1)(b) and (g), the duration and, in the case of each commercial message, the name of the person selling or promoting goods, services or activities.

• (2) A licensee shall retain a clear and intelligible audiovisual recording of each program distributed on the community channel in each licensed area for a period of

  • (a) four weeks after the date of distribution of the program; or

  • (b) eight weeks after the date of distribution of the program, if the Commission receives a complaint from a person regarding the program or, for any other reason, decides to investigate, and so notifies the licensee before the end of the period referred to in paragraph (a).

• (3) If, before the end of the relevant period referred to in paragraph (1)(a) or in subsection (2), the Commission requests from a licensee a program log, machine-readable record or clear and intelligible audiovisual recording of a program, the licensee shall immediately furnish the log, record or recording to the Commission.

33.1 [Repealed, SOR/2011-148, s. 8]

33.2 [Repealed, SOR/2011-148, s. 8]

33.3 [Repealed, SOR/2011-148, s. 8]

Contribution to Local Expression, Canadian Programming and Community Television

• 34 (1) If a licensee is required under this section to make a contribution to Canadian programming, it shall contribute

  • (a) to the Canadian production fund at least 80% of its total required contribution; and

  • (b) to one or more independent production funds, the remainder of its total required contribution.

• (2) Except as otherwise provided under a condition of its licence, if a licensee does not distribute its own community programming on the community channel and if a community programming undertaking is licensed in the licensed area, the licensee shall make, for each broadcast year, a contribution of 3% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming and a contribution of 2% of its gross revenues derived from broadcasting activities in the broadcast year to the community programming undertaking.

• (3) Except as otherwise provided under a condition of its licence, if a licensee does not distribute its own community programming on the community channel and if no community programming undertaking is licensed in the licensed area, the licensee shall make, for each broadcast year, a contribution of 5% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming.

• (4) Except as otherwise provided under a condition of its licence, if a licensee distributes its own community programming on the community channel, the licensee shall make, for each broadcast year, a contribution to Canadian programming that is equal to the greater of

  • (a) 5% of its gross revenues derived from broadcasting activities in the broadcast year, less any contribution to local expression made by the licensee in that broadcast year, and

  • (b) 3% of its gross revenues derived from broadcasting activities in that broadcast year.

35 Except as otherwise provided under a condition of its licence, a licensee shall make, for each broadcast year, a contribution of 1.5% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming. The contribution shall be made to the Local Programming Improvement Fund.

• 36 (1) The licensee shall separately calculate the contributions required under sections 34 and 35 on the basis of its gross revenues derived from broadcasting activities in the previous broadcast year.

• (2) Each contribution shall be made separately by the licensee in 12 equal monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month.

• (3) Despite subsections (1) and (2), if the licensee’s gross revenues derived from broadcasting activities in the previous broadcast year are not known when an instalment is to be made, that instalment shall be equal to an amount that is 1/12 of the contribution to be made, calculated on the basis of an estimate of those gross revenues.

37 If, as a result of the calculations performed under subsection 36(1) the contribution made by a licensee for a broadcast year is greater than the amount required under section 34 or 35, the licensee may deduct the excess from the amount of that contribution that is required for the subsequent broadcast year; however, if it is less than the amount required, the licensee shall make the balance of the contribution by December 31 of the subsequent broadcast year.

Programming Service Deletion and Substitution

• 38 (1) The following definitions apply in this section.

  broadcaster

  broadcaster includes an educational authority responsible for an educational television programming service. (radiodiffuseur)

  local television station

  local television station, in addition to the meaning assigned by section 1, includes the station “A” Atlantic and an educational authority responsible for an educational television programming service. (station de télévision locale)

• (2) Except as otherwise provided in subsection (4) or under a condition of its licence, a licensee

  • (a) shall, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a local television station or a regional television station or, with the agreement of the broadcaster operating the local television station or regional television station, have that broadcaster carry out the deletion and substitution, if

    • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast,

    • (ii) the local television station or regional television station has a higher priority under section 17, and

    • (iii) in the case where the broadcaster operating the local television station or regional television station is not required to carry out the deletion and substitution under an agreement with the licensee, the licensee has, at least four days before the date on which the programming service is to be broadcast, received from the broadcaster operating the local television station or regional television station a written request for the deletion and substitution;

  • (b) may delete and substitute a programming service under paragraph (a) even if the licensee has received a written request from the broadcaster operating the local television station or regional television station less than four days before the date on which the programming service is to be broadcast; and

  • (c) may, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a specialty service if

    • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast, and

    • (ii) the operator of the specialty service has submitted a written request to the licensee for the deletion and substitution.

• (3) If a substitution is requested by more than one broadcaster under paragraph (2)(a), the licensee shall give preference to the programming service of the television station that has the highest priority under section 17.

• (4) A licensee shall not delete the programming service of a television station under subsection (2) if the Commission notifies the licensee that the deletion is not in the public interest because

  • (a) undue financial hardship would result for the operator of the television station; or

  • (b) the programming service to be deleted contains subsidiary signals designed to inform or entertain and the programming service to be substituted for it does not contain similar signals.

• (5) For the purposes of this section, the programming service to be substituted shall be of the same format as, or of higher format than, the programming service to be deleted.

• (6) If a programming service of a local television station — other than the station “A” Atlantic or an educational authority responsible for an educational television programming service — is provided by direct feed to a licensee in its licensed area, the licensee is required to substitute the programming service under paragraph (2)(a) only if it is also receivable over the air by the licensee in its licensed area.

• (7) A licensee may discontinue a deletion and substitution made under subsection (2) if the programming services in question are not, or are no longer, comparable and broadcast simultaneously.

PART 3Distribution of Programming Services on an Analog Basis

Application

39 Except as otherwise provided under a condition of licence, this Part and sections 19, 23 to 26, 28 and 30 to 38 apply to terrestrial distribution undertakings that elect to distribute programming services on an analog basis.

Analog Distribution

40 A licensee that distributes programming services on a digital basis to its subscribers in a licensed area shall not distribute a programming service on an analog basis in the licensed area if the distribution of the latter service prevents it from fulfilling its obligations under Part 2 in the licensed area.

Television Programming Services To Be Distributed as Part of the Basic Service

• 41 (1) Except as otherwise provided in subsections 17(3) and (4) or under a condition of its licence, a licensee that distributes programming services on an analog basis in a licensed area shall distribute the following as part of the analog version of its basic service in the licensed area in the following order of priority:

  • (a) the programming services referred to in paragraphs 17(1)(a) to (f), in the order of priority in which those paragraphs are set out; and

  • (b) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service, but excluding any programming service of a programming undertaking that is required to be distributed solely on a digital basis.

• (2) When the operator of a Canadian programming undertaking provides a programming service solely on a digital basis, the licensee shall obtain the operator’s consent in writing before distributing the programming service on an analog basis.

• (3) Despite subsection (1), if the consent referred to in subsection (2) cannot be obtained, the licensee is not required to distribute the programming service in question.

Television Programming Services that May Be Distributed

42 Except as otherwise provided under a condition of its licence, a licensee may, once it is distributing all the programming services that it is required to distribute in a licensed area under section 41, distribute in that licensed area any programming service that it was distributing on an analog basis in that licensed area before December 10, 2010.

Cessation of Analog Distribution

43 A licensee shall not cease distributing any of the programming services that it distributes in accordance with section 41 until it has first ceased distribution of the programming services that it distributes in accordance with section 42.

44 A licensee shall not cease the analog distribution of a programming service unless, at least 60 days before the proposed cessation date, the licensee sends a written notice indicating the proposed cessation date to the operator of the programming undertaking whose programming service is the subject of the proposed cessation.

44.1 [Repealed, SOR/2011-148, s. 8]

44.2 [Repealed, SOR/2011-148, s. 8]

PART 4Dth Distribution Undertakings

Application

45 Except as otherwise provided under a condition of licence, this Part and sections 19 and 23 to 27, subsection 28(2) and section 29 apply to licensees that hold a licence to operate a DTH distribution undertaking.

Television Programming Services To Be Distributed as Part of the Basic Service

• 46 (1) The following definitions apply in this section.

  independent ownership group

  independent ownership group means an ownership group — other than the Corporation or a major ownership group — that owns and operates an independently-owned television station or an ownership group designated as such by the Commission in paragraph 31 of Broadcasting Regulatory Policy CRTC 2010–162 dated March 19, 2010 and entitled Distribution by direct-to-home services of stations from the major ownership groups in the Atlantic provinces and independently owned stations across Canada. (groupe de propriété indépendante)

  independently-owned television station

  independently-owned television station means a licensed television station that is not owned by one of the major ownership groups and that provides, in one of the official languages, local programming to the community it is licensed to serve. (station de télévision de propriété indépendante)

• (2) Except as otherwise provided under a condition of its licence, a licensee shall distribute, as part of its basic service, to the extent that they are available, the programming services of two independently-owned television stations from each independent ownership group to subscribers whose residence or other premises are located within the Grade B official contour or noise-limited bounding official contour.

• (3) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service,

  • (a) the educational television programming services, to the extent that they are available, whose operation is the responsibility of an educational authority designated by the province in which the subscriber’s residence or other premises are located; and

  • (b) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service.

• (4) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to a subscriber whose residence or other premises are located in Ontario, Quebec, Manitoba, British Columbia, Saskatchewan or Alberta,

  • (a) the programming service, to the extent that it is available, of one of each of the Corporation’s English-language and French-language network television stations that originate in the province in which the subscriber’s residence or other premises are located;

  • (b) the programming service, to the extent that it is available, of one television station from each major ownership group that originates in the province in which the subscriber’s residence or other premises are located; and

  • (c) the programming service, to the extent that it is available, of one independently-owned television station that originates in the province in which the subscriber’s residence or other premises are located.

• (5) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to subscribers whose residence or other premises are located in the Atlantic provinces

  • (a) the programming services, to the extent that they are available, of two of each of the Corporation’s English-language and French-language network television stations that originate in the Atlantic provinces;

  • (b) the programming services, to the extent that they are available, of two television stations that originate in the Atlantic provinces, from each major ownership group; and

  • (c) the programming service, to the extent that it is available, of one independently-owned television station that originates in the Atlantic provinces.

• (6) If two or more programming services from the Corporation or two or more programming services from the same ownership group are available to be distributed by a licensee in accordance with paragraph (5)(a) or (b), the licensee is required to distribute only one of those programming services from the Corporation or one of those programming services from the ownership group, as the case may be, if the operator of the programming undertaking that provides the programming services has not committed to providing local programming as part of its licence issuance or most recent licence renewal or amendment.

• (7) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to a subscriber whose residence or other premises are located in Yukon, the Northwest Territories or Nunavut

  • (a) the programming services of at least one of the Corporation’s Northern Television Services; and

  • (b) the programming services referred to in subsections (2) to (4) that are distributed in another province.

Access for Specialty, Pay Television and DTH Pay-per-view Services

• 47 (1) In this section, general interest DTH pay-per-view service means a DTH pay-per-view service whose programming is selected — unrestricted by any condition of licence — from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990.

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

  • (a) each Category A service;

  • (b) at least one English-language general interest DTH pay-per-view service; and

  • (c) at least one French-language general interest DTH pay-per-view service.

• (3) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under subsection (2) by distributing either the standard definition service or high definition service of a programming service.

Programming Services that May Be Distributed

• 48 (1) Except as otherwise provided in section 49 or under a condition of its licence, a licensee may distribute the following programming services:

  • (a) the programming service of any licensed programming undertaking, excluding a television pay-per-view service;

  • (b) any authorized non-Canadian programming service — including, subject to section 50, a 4 + 1 package of programming services;

  • (c) subject to section 29, the programming service of any exempt programming undertaking;

  • (d) any programming service that promotes a programming service distributed by the licensee and that meets the criteria set out in paragraph 27 of Broadcasting Public Notice CRTC 2007-74, dated July 5, 2007 and entitled Previews and promotional channels; and

  • (e) any programming service — including, subject to section 50, a further 4 + 1 package of programming services — that is authorized under a condition of its licence.

• (2) A licensee that distributes a programming service under subsection (1) may also distribute the high definition version of that programming service.

• 49 (1) Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall obtain the consent of the operator of a distant television station to distribute its signal before the licensee makes the signal available to its subscribers.

• (2) The licensee is not obliged to obtain the consent of the operator of the distant television station if

  • (a) the signal must be distributed as part of the licensee’s basic service

    • (i) because the Commission has required it under paragraph 9(1)(h) of the Act, or

    • (ii) because it is required under section 46; or

  • (b) the signal originates in the Atlantic provinces and is distributed under section 46 by the licensee to a subscriber whose residence or other premises are located in the Atlantic provinces.

50 Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall not distribute a 4 + 1 package of programming services that originate outside the time zone in which the subscriber’s residence or other premises are located unless the licensee also offers to the subscriber the programming services of at least one television station from each English major ownership group that originate in the same time zone.

Simultaneous Program Substitution and Deletion

• 51 (1) Except as otherwise provided under a condition of its licence, if a licensee receives, at least four days before the date on which the programming service is to be broadcast, a written request for substitution or deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall

  • (a) delete a non-Canadian programming service and substitute it with the comparable and simultaneously broadcast programming service of the Canadian television programming undertaking whose signal is distributed by the licensee; and

  • (b) delete, in respect of subscribers located within the Grade B official contour or noise-limited bounding official contour of the Canadian television programming undertaking, a programming service that is comparable to that of the Canadian television programming undertaking and that would otherwise be received simultaneously by those subscribers.

• (2) A licensee may delete and substitute a programming service under subsection (1) even if the licensee receives the request from the operator less than four days before the date on which the programming service is to be broadcast.

• (3) A licensee shall not delete a programming service if the Commission notifies the licensee that the deletion is not in the public interest because the programming service to be deleted contains subsidiary signals that are designed to inform or entertain and the simultaneously broadcast programming service does not contain similar signals.

• (4) A licensee may discontinue a deletion — and substitution, if any — if the programming services in question are not, or are no longer, comparable and broadcast simultaneously.

• (5) For the purposes of this section, the programming service to be substituted shall be of the same format as, or a higher format than, the programming service to be deleted.

Contribution to Canadian Programming

52 Except as otherwise provided under a condition of its licence, a licensee shall make, for each broadcast year, the following contributions to Canadian programming based on its gross revenues derived from broadcasting activities in that year:

• (a) to the Canadian production fund, a contribution of 4% of gross revenues;

• (b) to one or more independent production funds, a contribution of 1% of gross revenues, of which 0.4% of gross revenues shall be made to the Small Market Local Production Fund; and

• (c) to the Local Programming Improvement Fund, a contribution of 1.5% of gross revenues.

• 53 (1) The licensee shall separately calculate the contributions required under section 52 on the basis of its gross revenues derived from broadcasting activities in the previous broadcast year.

• (2) Each contribution shall be made separately by the licensee in 12 equal monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month.

• (3) Despite subsections (1) and (2), if the licensee’s gross revenues derived from broadcasting activities in the previous broadcast year are not known when an instalment is to be made, that instalment shall be equal to an amount that is 1/12 of the contribution to be made, calculated on the basis of an estimate of those gross revenues.

54 If, as a result of the calculations performed under subsection 53(1), a contribution made by a licensee for a broadcast year is greater than the amount required under section 52, the licensee may deduct the excess from the amount of that contribution that is required for the subsequent broadcast year; however, if it is less than the amount required, the licensee shall make the balance of the contribution by December 31 of the subsequent broadcast year.

PART 5[Repealed, SOR/2011-148, s. 8]

55 [Repealed, SOR/2011-148, s. 8]

56 [Repealed, SOR/2011-148, s. 8]

PART 6Repeal and Coming into Force

Repeal

57 [Repeal]

Coming into Force

58 These Regulations come into force on January 1, 1998.