Radio Regulations, 1986 (SOR/86-982)

Local Management Agreement

• 11.1 (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.

PART II

Application

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

13 [Repealed, SOR/93-358, s. 2]

Simulcasting

• 14 (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.

PART IIICanadian Content Development

• 15 (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.

PART IVEmergency Alerts

• 16 (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.