B-9.01Broadcasting ActSOR/97-555199712

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BROADCASTING ACTBroadcasting Distribution RegulationsWhereas, pursuant to subsection 10(3) of the Broadcasting Acta, a copy of the proposed Broadcasting Distribution Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 12, 1997, and a reasonable opportunity was given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect thereto;Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Acta, hereby makes the annexed Broadcasting Distribution Regulations.Hull, Quebec, December 8, 1997aS.C. 1991, c. 11INTERPRETATION

1.The definitions in this section apply in these Regulations.Act means the Broadcasting Act. (Loi)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 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 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, in respect of a licensed area, means a market that is not a francophone market. (marché anglophone)Atlantic provinces means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador. (provinces de l’Atlantique)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 (service de programmation non canadien approuvé)available channel[Repealed, SOR/2011-148, s. 1]basic band[Repealed, SOR/2011-148, s. 1]basic monthly fee[Repealed, SOR/2011-148, s. 1]basic service means the service distributed in a licensed area by a licensee as a package consisting of the programming services whose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 means a period of seven consecutive days beginning on a Sunday. (semaine de radiodiffusion)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 means an undertaking that distributes broadcasting to subscribers predominantly over closed transmission paths. (entreprise de distribution par câble)Canadian production fund means the Canada Media Fund or its successor. (fonds de production canadien)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 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, 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 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[Repealed, SOR/2011-148, s. 1]Category 2 service[Repealed, SOR/2011-148, s. 1]channel[Repealed, SOR/2011-148, s. 1]Class 1 licensee[Repealed, SOR/2011-148, s. 1]Class 2 licensee[Repealed, SOR/2011-148, s. 1]Class 3 licensee[Repealed, SOR/2011-148, s. 1]clock hour means a period of 60 minutes beginning on each hour and ending immediately before the next hour. (heure d’horloge)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 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 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 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 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 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 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 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, 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 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 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 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, 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 or subscriber 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 or subscriber have agreed. (point de démarcation)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 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 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 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 means a direct-to-home (DTH) satellite distribution undertaking. (entreprise de distribution par SRD)DTH eligible satellite service[Repealed, SOR/2011-148, s. 1]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 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 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 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 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[Repealed, SOR/2007-164, s. 1]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 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[Repealed, SOR/2011-148, s. 1]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 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, 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 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, in respect of a video programming service, means analog, standard definition or high definition. (format)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, 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 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 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 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[Repealed, SOR/2011-148, s. 1]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 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 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 means licensed by the Commission under paragraph 9(1)(b) of the Act. (autorisé)licensed area means an area for which a licensee has been licensed to carry on a distribution undertaking. (zone de desserte autorisée)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 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 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 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 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 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 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 means a local AM station, a local FM station or a local digital radio station. (station de radio locale)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 means an ownership group that is set out in the schedule. (groupe de propriété principal)new programming service means a programming service that has not been previously distributed in Canada and includes, but is not limited to, a high definition version or a new multiplex of an existing programming service. (nouveau service de programmation)non-Canadian programming service means a programming service that is not a Canadian programming service. (service de programmation non canadien)non-Canadian television station means a television station that has a transmitter site located outside Canada. (station de télévision non canadienne)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 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 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[Repealed, SOR/2011-148, s. 1]Part 3 eligible satellite service[Repealed, SOR/2011-148, s. 1]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 means a scheduled programming service that is provided to subscribers on a pay-per-view basis. (service à la carte)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 means a program that is provided by a programming undertaking. (service de programmation)public affairs programming service[Repealed, SOR/2011-148, s. 1]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 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, 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 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 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[Repealed, SOR/2011-148, s. 1]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 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 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 means a programming service provided by a person licensed to carry on a specialty audio programming undertaking. (service sonore spécialisé)specialty service means the programming service provided by a person licensed to carry on a specialty programming undertaking. (service spécialisé)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 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 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 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 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 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 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 means a programming undertaking that is not a related programming undertaking. (entreprise de programmation non liée)unserved community[Repealed, SOR/2011-148, s. 1]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 means the monthly fee that is payable by a licensee to a programming undertaking to receive a programming service. (tarif de gros)

SOR/2001-75, s. 3;
SOR/2002-322, s. 1;
SOR/2003-29, s. 1;
SOR/2003-217, s. 1;
SOR/2003-458, s. 1;
SOR/2007-164, s. 1;
SOR/2009-234, s. 1;
SOR/2011-148, s. 1;
SOR/2012-151, s. 12;
SOR/2012-194, s. 1.