Broadcasting Fees Regulations (SOR/2024-46)

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Broadcasting Act. (Loi)

audiobook service

audiobook service means the transmission or retransmission of audiobooks over the Internet for reception by the public by means of broadcasting receiving apparatus. (service de livres audio)

broadcasting ownership group

broadcasting ownership group means a group of all operators that are affiliates of one another or, in the case of an operator that is not an affiliate of any other operator, that operator. (groupe de propriété de radiodiffusion)

excluded revenue

excluded revenue means revenue derived from providing audiobook services, podcast services or video game services, as well as revenue derived from broadcasting activities that are carried out by broadcasting undertakings that are, by order, exempted from licensing requirements or exempted from all regulations made under Part II of the Act, unless, in either case, otherwise specified in an exemption order. (recettes exclues)

exemption level

exemption level means

• (a) for a broadcasting ownership group that includes more than one broadcasting undertaking, the aggregate of

  • (i) for each broadcasting undertaking whose fee revenue is $2 million or less, the lesser of

    • (A) $2 million, and

    • (B) the fee revenue of the broadcasting undertaking, and

  • (ii) $25 million; and

• (b) for a broadcasting ownership group that includes only one broadcasting undertaking, $25 million. (franchise)

fee revenue

fee revenue means the gross revenue minus excluded revenue derived during a return year from the broadcasting activity in Canada of all of the broadcasting undertakings that form part of a broadcasting ownership group, including

• (a) revenue received in respect of all transmitters forming part of a broadcasting undertaking if the undertaking consists of more than one transmitter;

• (b) the estimated annual revenue, based on the trends of the market in which a broadcasting undertaking operates, the previous financial performance of the undertaking, and, when applicable, the business plan of the undertaking for its first 12 months of operation, if that undertaking has not filed a fee return covering the most recent return year;

• (c) revenue that is derived from the sale of air time of a broadcasting undertaking by the Corporation and paid by the Corporation to the undertaking; and

• (d) in the case of an online undertaking that has not filed a fee return covering the most recent return year,

  • (i) the gross annual revenue, as reported by the online undertaking and validated by the Commission, or

  • (ii) if the information referred to in subparagraph (i) is not available, the estimated gross annual revenue of the online undertaking, based on the trends of the market in which it operates, its business plan and any previous financial performance that the Commission considers to be related to its broadcasting activity.

This definition does not include any amount received by a broadcasting undertaking from another broadcasting undertaking to which these Regulations apply, other than the amounts received from the Corporation for the sale of air time. (recettes désignées)

fiscal year

fiscal year means the one-year period beginning April 1. (exercice)

operator

operator means a person that carries on a broadcasting undertaking to which the Act applies. (exploitant)

podcast service

podcast service  means the transmission or retransmission of podcasts over the Internet for reception by the public by means of broadcasting receiving apparatus. (service de balado)

return year

return year means a one-year period beginning September 1. (année de rapport)

video game service

video game service means the transmission or retransmission of video games over the Internet for reception by the public by means of broadcasting receiving apparatus. (service de jeux vidéo)