Television Broadcasting Regulations, 1987 (SOR/87-49)

Regulations are current to 2017-12-11 and last amended on 2017-09-01. Previous Versions

Application

 These Regulations do not apply in respect of programming that is broadcast by a licensee using a signal contained in a second audio program channel or a multiplex channel or during the vertical blanking interval.

  • SOR/89-162, s. 2.

Canadian Programs

  •  (1) [Repealed, SOR/94-220, s. 2]

  • (2) For the purposes of this section,

    ethnic programming period

    ethnic programming period means that portion of the broadcast year during which a licensee broadcasts ethnic programs; (période de programmation à caractère ethnique)

    evening ethnic programming period

    evening ethnic programming period means that portion of the evening broadcast period during which a licensee broadcasts ethnic programs; (période de programmation à caractère ethnique en soirée)

    evening broadcast period

    evening broadcast period means the total time devoted to broadcasting between six o’clock in the afternoon and midnight during each broadcast year. (période de radiodiffusion en soirée)

  • (3) For the purposes of this section, the time devoted to the broadcasting of a program includes any time devoted to advertising material that is inserted

    • (a) within the program;

    • (b) in breaks within the program; or

    • (c) between the end of the program and the beginning of the following program.

  • (4) Subsections (6), (7), (9) and (10) do not apply to the licensee of an ethnic station.

  • (5) Subsections (6) and (7) do not apply to the licensee of a remote station.

  • (6) [Repealed, SOR/2017-160, s. 18]

  • (7) Subject to subsection (10),

    • (a) a licensee holding a public licence shall devote not less than 60 per cent of the evening broadcast period to the broadcasting of Canadian programs; and

    • (b) a licensee holding a private licence shall devote not less than 50 per cent of the evening broadcast period to the broadcasting of Canadian programs.

  • (8) Except where authorized by a condition of licence designed to enhance the quality or diversity of Canadian programs, the licensee of an ethnic station or of a remote station shall devote not less than

    • (a) 60 per cent of the broadcast year and of any six month period specified in a condition of licence to the broadcasting of Canadian programs; and

    • (b) 50 per cent of the evening broadcast period to the broadcasting of Canadian programs.

  • (9) Where a licensee is authorized by a condition of licence to devote less than 60 per cent of the ethnic programming period to the broadcasting of Canadian programs and does so, subsection (6) applies to that part of the broadcast year and of any six month period specified in a condition of licence during which the licensee is not broadcasting ethnic programs.

  • (10) Where a licensee is authorized by a condition of licence to devote less than the required percentage referred to in subsection (7) to the broadcasting of Canadian programs during the evening ethnic programming period and does so, subsection (7) applies only to that portion of the evening broadcast period during which ethnic programs are not broadcast.

  • (11) Where, in the calculation of the time devoted by a licensee to Canadian programs that are broadcast during a broadcast day, inequities arise among licensees because their stations are located in different time zones, the Commission may vary the application of this section in order that licensees receive equitable treatment in the calculation of their Canadian programs.

  • SOR/94-220, s. 2;
  • SOR/2000-237, s. 2;
  • SOR/2011-77, s. 1;
  • SOR/2017-160, s. 18.

Programming Content

  •  (1) A licensee shall not broadcast

    • (a) anything in contravention of the law;

    • (b) any abusive comment or abusive pictorial representation that, when taken in context, tends to 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 or pictorial representation; or

    • (d) any false or misleading news.

  • (1.1) For the purposes of paragraph (1)(b), sexual orientation does not include the orientation towards any sexual act or activity that would constitute an offence under the Criminal Code.

  • (2) For the purposes of paragraph (1)(c), material 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/91-587, s. 1;
  • SOR/94-220, s. 3;
  • SOR/2011-147, s. 3.
  •  (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/93-208, s. 1;
  • SOR/95-452, s. 1;
  • SOR/97-100, s. 2.
  •  (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/92-615, s. 1;
  • SOR/93-208, s. 2;
  • SOR/97-290, s. 2.

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) On or before January 31 of each year, the licensee of an ethnic station shall submit to the Commission, for approval, a calendar that

    • (a) covers a period of 52 or 53 weeks;

    • (b) begins on the Monday of the week during which the next broadcast year begins; and

    • (c) is divided into 12 periods of four or five weeks.

  • (1.1) The licensee of an ethnic station shall devote to ethnic programs not less than 60 per cent of the total number of hours devoted to broadcasting during the aggregate of the broadcast days in each of the four or five week periods in the calendar approved by the Commission and referred to in subsection (1).

  • (2) Except as otherwise provided under a licensee’s condition of licence, the licensee of an ethnic station shall devote to third language programs at least 50% of the total number of hours devoted to broadcasting during the aggregate of the broadcast days in each of the four or five week periods in the calendar approved by the Commission and referred to in subsection (1).

  • (3) Except as otherwise provided under a licensee’s condition of licence to devote up to 40% of a broadcast month to third language programs, the licensee of a station other than an ethnic station shall devote not more than 15% of its broadcast month to third language programs.

  • SOR/90-320, s. 1;
  • SOR/2000-237, s. 3.
 
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