Radio Regulations, 1986 (SOR/86-982)

Regulations are current to 2017-10-13 and last amended on 2015-11-25. Previous Versions

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.
 
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