Marginal note:Reallocation in case of merger
341. If two or more registered parties merge after an allocation of the broadcasting time to be made available under section 335, the Broadcasting Arbitrator shall without delay convene the representatives of the registered parties, including the merged parties, for the purpose of reallocating the broadcasting time allocated to all registered parties.
Marginal note:Broadcasters to be notified
342. (1) The Broadcasting Arbitrator shall notify the Canadian Radio-television and Telecommunications Commission of every allocation under sections 337 and 338 and every entitlement under section 339 as soon as possible after it is made or requested and the Commission shall notify every broadcaster and every network operator of every such allocation and entitlement without delay after it is made and again immediately after the issue of the writs for the next general election.
Marginal note:Information to parties
(2) The Broadcasting Arbitrator shall, on request, provide all registered parties and all eligible parties referred to in paragraph 338(6)(b) with the names and addresses of all broadcasters and network operators.
Marginal note:Annual review
343. (1) In each of the calendar years after the calendar year in which an allocation of broadcasting time has been made under sections 337 and 338 or an eligible party has requested and has become entitled to broadcasting time under section 339, the Broadcasting Arbitrator shall convene and chair a meeting of the representatives of all registered parties to review the allocation or entitlement.
Marginal note:Reduction to six and one-half hours
(2) If, at a meeting referred to in subsection (1), it is determined that the total broadcasting time allocated or requested exceeds six and one-half hours, the Broadcasting Arbitrator shall reduce the allocated or requested time to six and one-half hours on a proportionate basis and that reduction shall be final and binding on all registered parties and eligible parties.
344. (1) The definitions in this subsection apply in subsections (2) and (5).
« temps commercial »
“commercial time” means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification.
« durée de l’émission »
“program time” means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification.
Marginal note:Notice of preference by party
(2) Each registered party and each eligible party entitled to purchase broadcasting time under this Act shall, not later than 10 days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time, setting out its preference as to the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned is to be made available, but at no time shall that party obtain broadcasting time before the 5th day after the notice is received by the broadcaster or network operator.
Marginal note:Consultation to reach agreement
(3) Every broadcaster or network operator who receives a notice under subsection (2) shall, within two days after its receipt, consult with representatives of the registered party or eligible party that sent the notice for the purpose of reaching an agreement on the requests contained in it.
Marginal note:When no agreement
(4) If no agreement is reached under subsection (3) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall decide on the requests without delay and give notice of his or her decision to the broadcaster or network operator and to the representatives of the registered party or eligible party that made the requests.
Marginal note:Factors in decision
(5) In making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles:
(a) that each registered party and each eligible party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; and
(b) that any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time.
Marginal note:Decision binding
(6) A decision of the Broadcasting Arbitrator under subsection (4) is final and binding on the registered party or eligible party, as the case may be, and the broadcaster or network operator.
- Date modified: