Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2014-08-05 and last amended on 2014-02-28. Previous Versions

  •  (1) Except as otherwise provided under a condition of its licence, a licensee shall make a contribution to Canadian programming — specifically, to the Local Programming Improvement Fund — based on a percentage of its gross revenues derived from broadcasting activities in the broadcast year, as follows:

    • (a) 1.0% for the broadcast year beginning on September 1, 2012; and

    • (b) 0.5% for the broadcast year beginning on September 1, 2013.

  • (2) No contributions are required under subsection (1) for any broadcast year after August 31, 2014.

  • SOR/2003-458, s. 9;
  • SOR/2011-148, s. 8;
  • SOR/2012-165, s. 1.
  •  (1) The licensee shall separately calculate the contributions required under sections 34 and 35 on the basis of its gross revenues derived from broadcasting activities in the previous broadcast year.

  • (2) Each contribution shall be made separately by the licensee in 12 equal monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month.

  • (3) Despite subsections (1) and (2), if the licensee’s gross revenues derived from broadcasting activities in the previous broadcast year are not known when an instalment is to be made, that instalment shall be equal to an amount that is 1/12 of the contribution to be made, calculated on the basis of an estimate of those gross revenues.

  • SOR/2001-75, s. 11;
  • SOR/2003-29, s. 5;
  • SOR/2011-148, s. 8.
  •  (1) If, as a result of the calculations performed under subsection 36(1) the contribution made by a licensee for a broadcast year is greater than the amount required under section 34 or 35, the licensee may deduct the excess from the amount of that contribution that is required for the subsequent broadcast year; however, if it is less than the amount required, the licensee shall make the balance of the contribution by December 31 of the subsequent broadcast year.

  • (2) Despite subsection (1), if, as a result of the calculations performed under subsection 36(1), the contribution made by a licensee under paragraph 35(1)(b) is greater than the amount required to be contributed under that provision, the licensee is entitled to a refund of the excess.

  • SOR/2002-322, s. 8;
  • SOR/2011-148, s. 8;
  • SOR/2012-165, s. 2.

Programming Service Deletion and Substitution

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

    “broadcaster”

    “broadcaster” includes an educational authority responsible for an educational television programming service. (radiodiffuseur)

    “local television station”

    “local television station”, in addition to the meaning assigned by section 1, includes the station “A” Atlantic and an educational authority responsible for an educational television programming service. (station de télévision locale)

  • (2) Except as otherwise provided in subsection (4) or under a condition of its licence, a licensee

    • (a) shall, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a local television station or a regional television station or, with the agreement of the broadcaster operating the local television station or regional television station, have that broadcaster carry out the deletion and substitution, if

      • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast,

      • (ii) the local television station or regional television station has a higher priority under section 17, and

      • (iii) in the case where the broadcaster operating the local television station or regional television station is not required to carry out the deletion and substitution under an agreement with the licensee, the licensee has, at least four days before the date on which the programming service is to be broadcast, received from the broadcaster operating the local television station or regional television station a written request for the deletion and substitution;

    • (b) may delete and substitute a programming service under paragraph (a) even if the licensee has received a written request from the broadcaster operating the local television station or regional television station less than four days before the date on which the programming service is to be broadcast; and

    • (c) may, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a specialty service if

      • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast, and

      • (ii) the operator of the specialty service has submitted a written request to the licensee for the deletion and substitution.

  • (3) If a substitution is requested by more than one broadcaster under paragraph (2)(a), the licensee shall give preference to the programming service of the television station that has the highest priority under section 17.

  • (4) A licensee shall not delete the programming service of a television station under subsection (2) if the Commission notifies the licensee that the deletion is not in the public interest because

    • (a) undue financial hardship would result for the operator of the television station; or

    • (b) the programming service to be deleted contains subsidiary signals designed to inform or entertain and the programming service to be substituted for it does not contain similar signals.

  • (5) For the purposes of this section, the programming service to be substituted shall be of the same format as, or of higher format than, the programming service to be deleted.

  • (6) If a programming service of a local television station — other than the station “A” Atlantic or an educational authority responsible for an educational television programming service — is provided by direct feed to a licensee in its licensed area, the licensee is required to substitute the programming service under paragraph (2)(a) only if it is also receivable over the air by the licensee in its licensed area.

  • (7) A licensee may discontinue a deletion and substitution made under subsection (2) if the programming services in question are not, or are no longer, comparable and broadcast simultaneously.

  • SOR/2001-75, s. 12;
  • SOR/2011-148, s. 8.