Broadcasting Distribution Regulations

21 (1) Except as otherwise provided under a licensee’s condition of licence, this section applies to Class 1 licensees.

(2) The definitions in this subsection apply in this section.

affiliate

affiliate means a person who controls the licensee, or who is controlled by the licensee or by a person who controls the licensee. (affiliée)

control

control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement or an arrangement, the ownership of a body corporate or otherwise. (contrôle)

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)

third party exempt programming undertaking

third party exempt programming undertaking means an exempt programming undertaking of which the licensee or an affiliate, or both, controls less than 15% of the total shares issued and outstanding. (entreprise de programmation tierce exemptée)

(3) If a licensee distributes in a licensed area on one or more analog channels the programming services of an exempt programming undertaking of which the licensee or an affiliate, or both, controls 15% or more of the total shares issued and outstanding, the licensee shall make available in the licensed area an equal number of analog channels for the distribution of programming services of third party exempt programming undertakings.