Radio Regulations, 1986 (SOR/86-982)

Regulations are current to 2014-10-27 and last amended on 2014-09-02. Previous Versions

Radio Regulations, 1986

SOR/86-982

BROADCASTING ACT

Registration 1986-09-18

Regulations Respecting Radio Broadcasting

Whereas a copy of the proposed Regulations respecting radio broadcasting, substantially in the form set out in the schedule hereto, was published in the Canada Gazette Part I on March 29, 1986 and a reasonable opportunity was thereby afforded to licensees and other interested persons to make representations with respect thereto.

Therefore, the Canadian Radio-television and Telecommunications Commission, on the recommendation of the Executive Committee, pursuant to subsection 16(1) of the Broadcasting Act, hereby revokes the Radio (A.M.) Broadcasting Regulations, C.R.C., c. 379 and the Radio (F.M.) Broadcasting Regulations, C.R.C., c. 380 and makes the annexed Regulations respecting radio broadcasting, in substitution therefor.

Hull, Quebec, September 18, 1986

SHORT TITLE

 These Regulations may be cited as the Radio Regulations, 1986.

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Broadcasting Act; (Loi)

“alcoholic beverage”

“alcoholic beverage”, in respect of a commercial message, means an alcoholic beverage the sale of which is regulated by the law of the province in which the commercial message is broadcast; (boisson alcoolisée)

“A.M. licensee”

“A.M. licensee” means a person licensed to operate an A.M. station; (titulaire M.A.)

“A.M. station”

“A.M. station” means a station that broadcasts in the A.M. frequency band of 525 to 1605 kHz, but does not include a transmitter that only rebroadcasts the radiocommunications of a licensee; (station M.A.)

“broadcast day”

“broadcast day” means the total number of hours devoted to broadcasting for a period beginning at six o’clock in the forenoon and ending at midnight on the same day; (journée de radiodiffusion)

“broadcast week”

“broadcast week” means seven consecutive broadcast days, beginning on Sunday; (semaine de radiodiffusion)

“campus station”

“campus station” means an A.M. station, F.M. station or digital radio station that is licensed as a campus station; (station de campus)

“Canadian”

“Canadian” means

  • (a) a Canadian citizen,

  • (b) a permanent resident, as defined in the Immigration Act, 1976,

  • (c) a person whose ordinary place of residence was in Canada throughout the six months immediately preceding that person’s contribution to a musical composition, performance or concert, or

  • (d) a licensee; (Canadien)

“commercial message”

“commercial message” means an advertisement intended to sell or promote goods, services, natural resources or activities and includes an advertisement that mentions or displays in a list of prizes the name of the person selling or promoting those goods, services, natural resources or activities; (message publicitaire)

“commercial station”

“commercial station” means an A.M. station, F.M. station or digital radio station, other than one that

  • (a) is owned and operated by the Corporation or a not-for profit corporation; or

  • (b) is a campus station, community station, native station or ethnic station; (station commerciale)

“community station”

“community station” means an A.M. station, F.M. station or digital radio station that is licensed as a community station; (station communautaire)

“content category”

“content category” means a content category of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (catégorie de teneur)

“content subcategory”

“content subcategory” means a content subcategory of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (sous-catégorie de teneur)

“contour”

“contour” means a service contour marked for a licensed A.M. station or a licensed F.M. station on the map that pertains to that station and that is most recently published by the Department of Industry; (périmètre de rayonnement)

“digital radio licensee”

“digital radio licensee” means a person licensed to operate a digital radio station; (titulaire radio numérique)

“digital radio station”

“digital radio station” means a station that broadcasts in the frequency band of 1452 to 1492 MHz (L-band) using a digital transmission system, but does not include a transmitter that only rebroadcasts the radiocommunications of a licensee; (station de radio numérique)

“digital service area”

“digital service area” means a service area marked for a licensed digital radio station on the map that pertains to that station and that is most recently published by the Department of Industry; (zone de desserte numérique)

“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 the election or referendum is held, 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 the election is held; (période électorale)

“ethnic program”

“ethnic program” means a program in any language that is specifically directed toward any culturally or racially distinct group, other than one whose heritage is Aboriginal Canadian, from France or from the British Isles; (émission à caractère ethnique)

“ethnic station”

“ethnic station” means an A.M. station, F.M. station or digital radio station that is licensed as an ethnic station; (station à caractère ethnique)

“F.M. licensee”

“F.M. licensee” means a person licensed to operate an F.M. station; (titulaire M.F.)

“F.M. station”

“F.M. station” means a station that broadcasts in the F.M. frequency band of 88 to 108 MHz, but does not include a transmitter that only rebroadcasts the radiocommunications of a licensee; (station M.F.)

“licensed”

“licensed” means licensed by the Commission pursuant to paragraph 9(1)(b) of the Act; (autorisé)

“licensee”

“licensee” means a person licensed to operate an A.M. station, F.M. station, digital radio station or radio network; (titulaire)

“market”

“market” means

  • (a) in the case of an A.M. station, the A.M. daytime 15mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller,

  • (b) in the case of an F.M. station, the F.M. 3mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller, or

  • (c) in the case of a digital radio station, the digital service area; (marché)

“medley”

“medley” means a compilation of one minute or more in duration in which artists or musicians combine excerpts from several musical selections within a single performance; (pot-pourri)

“montage”

“montage” means a compilation of one minute or more in duration containing excerpts from several musical selections but does not include a medley; (montage)

“musical selection”

“musical selection” means any live or recorded music of one minute or more in duration that is broadcast uninterrupted, and includes a medley and a montage; (pièce musicale)

“native station”

“native station” means an A.M. station, F.M. station or digital radio station that is licensed as a native station; (station autochtone)

“network”

“network” means a licensed radio network; (réseau)

“official contour”

“official contour” [Repealed, SOR/2008-177, s. 1]

“production content”

“production content” [Repealed, SOR/91-517, s. 1]

“quarter hour”

“quarter hour” means a period of 15 minutes, commencing on the hour, or 15, 30 or 45 minutes past the hour; (quart d’heure)

“spoken word content”

“spoken word content” [Repealed, SOR/93-258, s. 1]

“station”

“station” means a radio programming undertaking or a broadcasting transmitting undertaking; (station)

“third language program”

“third language program” means an ethnic program in a language other than English, French, or a language of the Aboriginal peoples of Canada; (émission dans une troisième langue)

“Type A community station”

“Type A community station”[Repealed, SOR/2011-146, s. 1]

  • SOR/88-549, s. 1;
  • SOR/91-517, s. 1;
  • SOR/93-258, s. 1;
  • SOR/94-222, s. 1;
  • SOR/96-324, s. 1;
  • SOR/98-597, s. 1;
  • SOR/2000-235, s. 1;
  • SOR/2000-239, s. 1;
  • SOR/2008-177, s. 1;
  • SOR/2011-146, s. 1.

APPLICATION

  •  (1) These Regulations do not apply in respect of programming that is broadcast by a licensee using a subsidiary communications multiplex operations channel.

  • (2) For the purposes of this section,

    “baseband”

    “baseband” means signals in the frequency range of 0 to 99 kHz that are used as input to the transmitter of an F.M. station; (bande de base)

    “subsidiary communications multiplex operations channel”

    “subsidiary communications multiplex operations channel” means a frequency band containing one or more subcarriers that is centred at 76 kHz in the baseband during stereophonic or monophonic transmission in the main channel or at 59.5 kHz in the baseband where there is no stereophonic or monophonic transmission in the main channel. (canal d’exploitation multiplexe de communications secondaires)

  • SOR/89-163, s. 1.

PART I

Canadian and Musical Content

[SOR/93-517, s. 1]
  •  (1) For the purposes of this section, “ethnic programming period” means that portion of a broadcast week during which a licensee broadcasts ethnic programs.

  • (2) For the purposes of this section, “Canadian selection” means a musical selection

    • (a) that meets at least two of the following conditions, namely,

      • (i) the music is or lyrics are performed principally by a Canadian,

      • (ii) the music is composed entirely by a Canadian,

      • (iii) the lyrics are written entirely by a Canadian,

      • (iv) the musical selection consists of a live performance that is

        • (A) recorded wholly in Canada, or

        • (B) performed wholly in and broadcast live in Canada, and

      • (v) the musical selection was performed live or recorded after September 1, 1991, and a Canadian who has collaborated with a non-Canadian receives at least fifty per cent of the credit as composer and lyricist according to the records of a recognized performing rights society;

    • (b) that is an instrumental performance of a musical composition that meets the conditions set out in subparagraph (a)(ii) or (iii);

    • (c) that is a performance of a musical composition that a Canadian has composed for instruments only; or

    • (d) that has already qualified as a Canadian selection under regulations previously in effect.

  • (3) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee shall devote, in a broadcast week,

    • (a) if the licensee is licensed to operate a community station or campus station, at least 12% of its musical selections from content category 3 to Canadian selections broadcast in their entirety; or

    • (b) if the licensee is licensed to operate a station other than a community station or campus station, at least 10% of its musical selections from content category 3 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

  • (3.1) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station shall, in a broadcast week, devote

    • (a) at least 25% of its musical selections from content subcategory 31 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day; and

    • (b) at least 20% of its musical selections from content subcategory 34 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

  • (4) If 7% or more of the musical selections broadcast by the licensee during an ethnic programming period are Canadian selections and are scheduled in a reasonable manner throughout the period, the requirements of subsections (3), (3.1) and (7) to (9) apply only in respect of the musical selections that are broadcast during the part of the broadcast week that is not devoted to ethnic programs.

  • (5) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a campus station, commercial station or community station in the French language shall, in a broadcast week, devote at least 65% of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.

  • (6) An A.M. licensee, F.M. licensee or digital radio licensee may, in a broadcast week, reduce the percentage of its Canadian musical selections from content category 2 referred to in subsections (7) to (9) to

    • (a) not less than 20% if, in that broadcast week, the licensee devotes at least 35%, but less than 50%, of all of its musical selections to instrumental selections; and

    • (b) not less than 15% if, in that broadcast week, the licensee devotes at least 50% of all of its musical selections to instrumental selections.

  • (7) Except as otherwise provided under a condition of its licence and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a station other than a commercial station, community station or campus station shall, in a broadcast week, devote at least 30% of its musical selections from content category 2 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

  • (8) Except as otherwise provided under a condition of its licence that refers expressly to this subsection and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station, community station or campus station shall, in a broadcast week, devote at least 35% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

  • (9) Except as otherwise provided under a condition of its licence and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station shall, between 6:00 a.m. and 6:00 p.m., in any period beginning on a Monday and ending on the Friday of that week, devote at least 35% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

  • (10) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station in the French language shall, between 6:00 a.m. and 6:00 p.m., in any period beginning on a Monday and ending on the Friday of that week, devote at least 55% of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.

  • (11) For the purpose of this section, a montage is deemed to be a Canadian selection broadcast in its entirety if

    • (a) the total duration of the excerpts of Canadian selections from content category 2 is greater than 50% of the total duration of the montage; and

    • (b) the total duration of the montage is four minutes or more.

  • (12) For the purpose of this section, a montage is deemed to be a musical selection in the French language broadcast in its entirety if

    • (a) the total duration of the excerpts of vocal musical selections in the French language from content category 2 is greater than 50% of the total duration of the montage; and

    • (b) the total duration of the montage is four minutes or more.

  • (13) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a station in the French language – other than a commercial station, community station or campus station – shall, in a broadcast week, devote at least 65% of its vocal musical selections from content category 2 to musical selections in the French language and schedule them in a reasonable manner throughout each broadcast day.

  • (14) [Repealed, SOR/2011-146, s. 2]

  • SOR/91-517, s. 2;
  • SOR/92-609, s. 1(F);
  • SOR/93-517, s. 2;
  • SOR/96-324, s. 2;
  • SOR/98-597, s. 2;
  • SOR/2000-239, s. 2;
  • SOR/2008-177, s. 2;
  • SOR/2011-146, s. 2.

PART I.1

Broadcasting Content

 A licensee shall not broadcast

  • (a) anything in contravention of the law;

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

  • (d) any false or misleading news; or

  • (e) any telephone interview or conversation, or any part thereof, with any person unless

    • (i) the person’s oral or written consent to the interview or conversation being broadcast was obtained prior to the broadcast, or

    • (ii) the person telephoned the station for the purpose of participating in a broadcast.

  • SOR/91-586, s. 1.

 For the purposes of paragraph 3(b), sexual orientation does not include the orientation towards any sexual act or activity that would constitute an offence under the Criminal Code.

  • SOR/91-586, s. 2.

 For the purposes of paragraph 3(c), language 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.

  • SOR/2011-147, s. 1.
  •  (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

    • (a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

    • (b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

    • (c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.

  • (2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.

  • SOR/93-209, s. 1;
  • SOR/95-451, s. 1;
  • SOR/97-100, s. 1.
  •  (1) Before January 1, 1999, a licensee shall not broadcast a commercial message for, or an endorsement of, a device to which the Food and Drugs Act applies unless

    • (a) the script of the commercial message or endorsement has been approved by the Minister of Health to indicate, to the extent that it is possible to do so on the basis of a script, that a commercial message or an endorsement conforming to the approved script would comply with the applicable provisions, administered by that Minister, of the Food and Drugs Act, the Controlled Drugs and Substances Act and regulations made pursuant to those Acts or to the Department of Health Act; and

    • (b) the script bears the script number assigned to it by that Minister.

  • (2) Before January 1, 1999, when a licensee broadcasts a commercial message or an endorsement referred to in subsection (1), the licensee shall keep a record of the script for a period of one year after the date of the broadcast, which record shall contain

    • (a) the name of the device to which the script relates;

    • (b) the name of the sponsor or advertising agency that submitted the script for approval; and

    • (c) the script number referred to in paragraph (1)(b).

  • (3) A licensee shall provide the record required by subsection (2) to the Commission or to an inspector designated pursuant to the Food and Drugs Act, acting on behalf of the Commission, where the Commission or the inspector so requests for the purpose of audit or examination.

  • (4) The approval of the script of a commercial message or an endorsement referred to in subsection (1) does not indicate that the commercial message or endorsement complies with the applicable legislation.

  • SOR/92-613, s. 1;
  • SOR/93-209, s. 2;
  • SOR/97-290, s. 1.

Political Broadcasts

 During an election period, a licensee shall allocate time for the broadcasting of programs, advertisements or announcements of a partisan political character on an equitable basis to all accredited political parties and rival candidates represented in the election or referendum.

Ethnic Programs

  •  (1) The licensee of an ethnic station shall devote not less than 60 per cent of its broadcast week to ethnic programs.

  • (2) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate an ethnic station shall devote at least 50% of a broadcast week to third language programs.

  • (3) Except as otherwise provided under a condition of its licence to devote up to 40% of a broadcast week to third language programs, an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a station other than an ethnic station shall devote not more than 15% of a broadcast week to third language programs.

  • (4) Despite subsection (3), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a community station or campus station may devote

    • (a) if it is broadcasting in a market where there is no ethnic station, up to 40% of a broadcast week to third language programs; or

    • (b) if it is broadcasting in a market where there is at least one ethnic station, except as otherwise provided by a condition of its licence, up to 15% of a broadcast week to third language programs.

  • SOR/2000-235, s. 2;
  • SOR/2008-177, s. 3;
  • SOR/2011-146, s. 3.

Logs and Records

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

    • (a) keep, in a form acceptable to the Commission, a program log or a machine readable record of the matter broadcast by the licensee;

    • (b) retain the log or record for a period of one year after the date when the matter was broadcast; and

    • (c) cause to be entered in the log or record each day the following information:

      • (i) the date,

      • (ii) the call letters, location and frequency of the licensee’s station,

      • (iii) the time at which each station identification announcement is made,

      • (iv) in relation to each program broadcast,

        • (A) the title and a brief description,

        • (B) subject to subsection (2), the number of the relevant content category,

        • (C) the time at which the program begins and ends,

        • (D) the code set out in the schedule indicating the origin of the program and where applicable the language, type or group, and

        • (E) if applicable, the code set out in the schedule identifying non-Canadian programming, and

      • (v) in relation to each commercial message, the quarter hour during which it is broadcast, its duration and the number of the relevant content subcategory.

  • (2) Where a program falls into more than one content category, a licensee shall cause to be entered in its program log or machine readable record the two principal content categories in descending order of their relative importance in terms of broadcast time.

  • (3) The times required to be entered pursuant to subparagraph (1)(c)(iii), clause (1)(c)(iv)(C) and subparagraph (1)(c)(v) are local times.

  • (4) A licensee shall furnish, to the Commission on request, its program log or machine readable record for any day, with a certificate by or on behalf of the licensee attesting to the accuracy of its content.

  • (5) A licensee shall retain a clear and intelligible tape recording or other exact copy of all matter broadcast

    • (a) for four weeks from the date of the broadcast; or

    • (b) where the Commission receives a complaint from any person regarding the matter broadcast or for any other reason wishes to investigate it and so notifies the licensee before the expiration of the period referred to in paragraph (a), for eight weeks from the date of the broadcast.

  • (6) Where, before the expiry of the applicable period referred to in subsection (5), the Commission requests from the licensee a clear and intelligible tape recording or other exact copy of matter broadcast, the licensee shall furnish it to the Commission forthwith.

  • (7) Subsections (1) to (4) do not apply to a person licensed to operate a radio network.

  • SOR/88-549, s. 2;
  • SOR/98-597, s. 3;
  • SOR/2006-9, s. 1;
  • SOR/2008-177, s. 4.

Requests for Information

  •  (1) For the purposes of this section,

    “Canadian musical selection”

    “Canadian musical selection” means a musical selection that meets the criteria set out in subsection 2.2(2); (pièce musicale canadienne)

    “hit”

    “hit” has the meaning indicated on pages 19 to 22 of Public Notice CRTC 1986-248 of September 19, 1986 entitled Regulations Respecting Radio Broadcasting and published in the Canada Gazette Part I on October 4, 1986, as amended by page 23 of Public Notice CRTC 1990-111 of December 17, 1990 entitled An FM Policy for the Nineties and published in the Canada Gazette Part I on December 29, 1990. (grand succès)

  • (2) 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 year ending on the previous August 31.

  • (3) At the request of the Commission, a licensee shall submit for any period specified by the Commission in its request

    • (a) the information required by the most recent Station Self-assessment Report form issued by the Commission; and

    • (b) a list of the musical selections in the order in which they are broadcast by the licensee during that period that includes the title and performer of each musical selection and a legend that identifies

      • (i) any Canadian musical selection,

      • (ii) any hit,

      • (iii) any instrumental selection,

      • (iv) any content category 3 musical selection, and

      • (v) the language of the musical selection, where the musical selection is not an instrumental selection.

  • (4) 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.

  • SOR/92-609, s. 2;
  • SOR/2000-239, s. 3;
  • SOR/2011-146, s. 4;
  • SOR/2011-147, s. 2.

Affiliation

  •  (1) For the purposes of this section, “affiliation agreement” means an agreement between one or more A.M. licensees, F.M. licensees or digital radio licensees and another party, according to which programs provided by the other party are to be broadcast by the licensee’s station at a predetermined time.

  • (2) An A.M. licensee, F.M. licensee or digital radio licensee shall not enter into an affiliation agreement with a person who is deemed to be a non-Canadian under section 3 of the Direction to the CRTC (Ineligibility of Non-Canadians).

  • SOR/88-549, s. 3;
  • SOR/2008-177, s. 5.

Ownership of Equipment and Facilities

 Except as otherwise provided pursuant to a condition of its licence, a licensee shall own and operate its transmitter.

  • SOR/93-355, s. 1.

Transfer of Ownership or Control

  •  (1) For the purposes of this section,

    “associate”

    “associate”, when used to indicate a relationship with any 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 a person together with one or more associates as described in this definition, has, directly or indirectly, control of 50 per cent 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 per cent 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 where that person controls less than one per cent 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 the 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, a trust, an estate, 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 the profits of it, to receive a share of the assets of it on dissolution and to participate directly in the management of it 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 the management of it 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 with respect to 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, after 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.

  • (3.1) [Repealed, SOR/2000-235, s. 3]

  • (4) Except as otherwise provided pursuant to 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 by whatever means of the effective control of its undertaking;

    • (b) a person alone

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

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

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

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

    • (c) a person together with an associate

      • (i) who control less than 30 per cent of the voting interests of the licensee, having control of 30 per cent or more of those interests,

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

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

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

    • (d) another A.M. licensee, F.M. licensee or digital radio licensee that broadcasts in the same market and in the same language as the licensee, an associate of that other licensee or that other licensee together with its associate, who owns less than

      • (i) 30% of the issued common shares of the licensee or of a person who has, directly or indirectly, effective control of the licensee, owning 30% or more but less than 40% of those shares, or

      • (ii) 40% of the issued common shares of the licensee or of a person who has, directly or indirectly, effective control of the licensee, owning 40% or more but less than 50% of those shares.

  • (5) A licensee shall notify the Commission, within 30 days thereafter, of the occurrence of any act, agreement or transaction that, directly or indirectly, resulted in

    • (a) a person alone

      • (i) who controls less than 20 per cent of the voting interests of the licensee, having control of 20 per cent or more but less than 30 per cent of those interests,

      • (ii) who controls less than 20 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 20 per cent or more but less than 30 per cent of those interests,

      • (iii) who controls less than 40 per cent of the voting interests of the licensee, having control of 40 per cent or more but less than 50 per cent of those interests but not having, directly or indirectly, effective control of the licensee, or

      • (iv) who controls less than 40 per cent of the voting interests of a person who has, directly or indirectly, effective control of the licensee, having control of 40 per cent or more but less than 50 per cent of those interests but not having, directly or indirectly, effective control of the licensee; or

    • (b) a person together with an associate

      • (i) who control less than 20 per cent of the voting interests of the licensee, having control of 20 per cent or more but less than 30 per cent of those interests,

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

      • (iii) who control less than 40 per cent of the voting interests of the licensee, having control of 40 per cent or more but less than 50 per cent of those interests but not having, directly or indirectly, effective control of the licensee, or

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

  • SOR/93-355, s. 2;
  • SOR/96-324, s. 3;
  • SOR/98-598, s. 1;
  • SOR/2000-235, s. 3;
  • SOR/2001-357, s. 1;
  • SOR/2008-177, s. 6.

Local Management Agreement

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

    “associate”

    “associate” has the same meaning as in subsection 11(1). (liens)

    “local management agreement”

    “local management agreement” means an arrangement, contract, understanding or agreement between two or more licensees or their associates that relates, directly or indirectly, to any aspect of the management, administration or operation of two or more stations, at least two of which

    • (a) broadcast in the same market; or

    • (b) broadcast in adjacent markets, with each station’s A.M. 5 mV/m contour, F.M. 0.5 mV/m contour or digital service area, as the case may be, overlapping the A.M. 15 mV/m contour, F.M. 3 mV/m contour or digital service area of the other station. (convention de gestion locale)

  • (2) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee shall not enter into, or operate its station pursuant to, a local management agreement.

  • (3) A licensee may operate its station pursuant to a local management agreement that was entered into before March 31, 1999 until December 31, 2001.

  • SOR/99-431, s. 1;
  • SOR/2008-177, s. 7.

PART II

Application

 This Part applies only to F.M. licensees and digital radio licensees.

  • SOR/91-517, s. 3;
  • SOR/2008-177, s. 8.

 [Repealed, SOR/93-358, s. 2]

Simulcasting

  •  (1) An F.M. licensee or digital radio licensee that is also an A.M. licensee shall not, during the broadcast day, broadcast simultaneously on its F.M. station or digital radio station the same matter that is being broadcast on its A.M. station if any part of the F.M. station’s 3 mV/m contour or the digital radio station’s digital service area overlaps with any part of the A.M. station’s daytime 15 mV/m contour.

  • (2) Notwithstanding subsection (1), a licensee may broadcast simultaneously if the simultaneous broadcasting is authorized pursuant to a condition of the licensee’s licence or if the broadcast consists of a special live program that includes commentary that is an integral part of the program and relates to

    • (a) a royal or vice-regal address, including a speech from the throne;

    • (b) an address by the Prime Minister of Canada or the first minister of a province;

    • (c) the results of a federal, provincial or municipal election or referendum;

    • (d) a federal, provincial or municipal budget; or

    • (e) an announcement of an emergency situation or disaster as issued by a police department, fire department or any organization designated by a federal, provincial or municipal government as being responsible for the coordination of emergency relief.

  • (3) Notwithstanding subsection (1), a licensee may broadcast simultaneously for a maximum of 42 hours during any broadcast week.

  • SOR/91-517, s. 3;
  • SOR/96-324, s. 4;
  • SOR/98-597, s. 4(F);
  • SOR/2008-177, s. 9.

PART IIICANADIAN CONTENT DEVELOPMENT

  •  (1) The following definitions apply in this Part.

    “broadcast year”

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

    “Community Radio Fund of Canada”

    “Community Radio Fund of Canada” means the independent not-for-profit funding organization known as the Community Radio Fund of Canada Inc. (Fonds canadien de la radio communautaire)

    “eligible initiative”

    “eligible initiative” means an initiative that is considered to be eligible for Canadian content development funding as indicated in Broadcasting Public Notice CRTC 2006-158, dated December 15, 2006 and entitled Commercial Radio Policy 2006. (projet admissible)

    “FACTOR”

    “FACTOR” means the not-for-profit organization known as The Foundation Assisting Canadian Talent on Recordings. (FACTOR)

    “MUSICACTION”

    “MUSICACTION” means the not-for-profit organization known as MUSICACTION. (MUSICACTION)

    “spoken word station”

    “spoken word station” means an A.M. station, F.M. station or digital radio station that devotes more than 50% of a broadcast week to programming from content category 1. (station de créations orales)

    “total revenues”

    “total revenues” means the total broadcast revenues reported by an A.M. licensee, F.M. licensee or digital radio licensee in its annual returns for the previous broadcast year. (revenus totaux)

  • (2) Except as otherwise provided under a condition of its licence that refers expressly to this subsection and subject to subsection (3), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a commercial station or ethnic station shall, if the licensee’s total revenues are more than $1,250,000, contribute annually to eligible initiatives $1,000 plus one half of one percent of those revenues that are in excess of $1,250,000.

  • (3) If a condition of licence imposed prior to June 1, 2007 requires the licensee to make a contribution to the development of Canadian content or Canadian talent that is other than that referred to in subsection (2), the amount that the licensee is required to contribute under that subsection is reduced by the amount that the licensee is required to contribute under the condition of its licence.

  • (4) [Repealed, SOR/2013-151, s. 1]

  • (5) Except as otherwise provided under a condition of its license, a licensee whose total revenues are more than $1,250,000 shall make

    • (a) at least 15% of the contribution referred to in subsection (2) to the Community Radio Fund of Canada; and

    • (b) at least 45% of the contribution referred to in subsection (2) to FACTOR or MUSICACTION, however, if the licensee is licensed to operate an ethnic station or spoken word station, the licensee may instead make that percentage of the contribution to any eligible initiative that supports the creation of ethnic programs or programming from content category 1, as the case may be.

  • SOR/2008-177, s. 10;
  • SOR/2011-146, s. 5;
  • SOR/2013-151, s. 1.

PART IVEMERGENCY ALERTS

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

    “issuing authority”

    “issuing authority” means any person who is authorized by a Canadian governmental authority — including the federal Department of the Environment, federal and provincial government departments and agencies that are responsible for emergency management and public safety, and municipal authorities — to issue warnings to the public, and to the National Alert Aggregation and Dissemination System, announcing danger to life or property. (autorité compétente)

    “National Alert Aggregation and Dissemination System”

    “National Alert Aggregation and Dissemination System” means the alert message aggregation system established and operated by Pelmorex Communications Inc. (système d’agrégation et de dissémination national d’alertes)

  • (2) Except as otherwise provided under a condition of its licence, a licensee shall implement on all stations that it is licensed to operate, by no later than March 31, 2015, a public alerting system that broadcasts without delay, on a given station, any audio alert that it receives from the National Alert Aggregation and Dissemination System that

    • (a) announces an imminent or unfolding danger to life; and

    • (b) is designated by the applicable issuing authority for immediate broadcast in all or part of the area within the station’s A.M. 5 mV/m contour, F.M. 0.5 mV/m contour or digital service area, as the case may be.

  • (3) Despite subsection (2) and subject to any condition of licence, the deadline for implementing the public alerting system in the case of a campus station, community station or native station is March 31, 2016.

  • (4) The licensee shall implement the public alerting system for each of its transmitters.

  • (5) The licensee shall broadcast the alert on transmitters that serve the area that is targeted by the alert.

  • (6) The licensee shall take all reasonable measures to ensure that the alerts that it broadcasts are in conformity with the specifications and recommended practices set out in the document entitled National Public Alerting System Common Look and Feel Guidance, produced at the request of the Federal/Provincial/Territorial Public Alerting Working Group of Senior Officials Responsible for Emergency Management with the support of Defence Research and Development Canada, Centre for Security Science, Canadian Safety and Security Program, and in consultation with the public-private Common Look and Feel Working Group, as that document is amended from time to time.

  • SOR/2014-202, s. 1.

SCHEDULE(Sections 2 and 8)CODES INDICATING ORIGIN, LANGUAGE, TYPE AND GROUP OF PROGRAMMING AND NON-CANADIAN PROGRAMMING

A. Code Indicating Origin

ItemColumn IColumn II
CodeDescription
1.LocalLocal programming as defined in Broadcasting Public Notice CRTC 2006-158, dated December 15, 2006 and entitled Commercial Radio Policy 2006.
2.Net (to be followed by the name of the network)Programming obtained from a network licensed by the Commission
3.RebroadProgramming rebroadcast from another station, other than a network
4.SimulcastProgramming simulcast pursuant to subsection 14(3) of these Regulations
5.OtherProgramming other than local programming, network programming, rebroadcasts from another station or simulcasts

B. Code Indicating Language

ItemColumn IColumn II
CodeDescription
1.[Abbreviated name]Programming in a language other than the official language for which the station was principally licensed or, in the case of an ethnic station, the language of the spoken word content of the program

C. Code Indicating Type

ItemColumn IColumn II
CodeDescription
1.Type AA program the spoken word content of which is in a language other than French, English or a language of the aboriginal peoples of Canada
2.Type BA program the spoken word content of which is in French or English and that is directed toward a distinct ethnic group the mother tongue or common language of which in its country of origin is French or English
3.Type CA program the spoken word content of which is in French or English and that is directed toward a distinct ethnic group the mother tongue of which is included in Type A
4.Type DA bilingual program the spoken word content of which is in French or English as well as a language other than French, English or a language of the aboriginal peoples of Canada and that is directed toward a distinct ethnic group
5.Type EA program the spoken word content of which is in French or English and that is directed toward ethnic groups or the general public and that depicts Canada’s cultural diversity through services that are multicultural, cross-cultural or inter-cultural
6.Type XWhere the licensee is not required by a condition of licence to broadcast prescribed levels of Type A, B, C, D or E programming, an ethnic program.

D. Code Indicating Group

ItemColumn IColumn II
CodeDescription
1.(Abbreviated name)The distinct ethnic group toward which an ethnic program is directed.

E. Code Identifying Non-Canadian Programming

ItemColumn IColumn II
CodeDescription
1.NCProgramming that originates outside Canada other than local programming as defined in Broadcasting Public Notice CRTC 2006-158, dated December 15, 2006 and entitled Commercial Radio Policy 2006, and other than programming that is produced by a Canadian as defined in section 1 of the Direction to the CRTC (Ineligibility of Non-Canadians)
  • SOR/88-549, s. 4(F);
  • SOR/91-517, ss. 4 to 7;
  • SOR/93-517, s. 3;
  • SOR/96-324, s. 5;
  • SOR/98-597, ss. 5, 6;
  • SOR/2000-235, ss. 4, 5;
  • SOR/2008-177, s. 11.