Broadcasting Distribution Regulations (SOR/97-555)

47. (1) In this section, “general interest DTH pay-per-view service” means a DTH pay-per-view service whose programming is selected — unrestricted by any condition of licence — from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990.

(2) Except as otherwise provided under a condition of its licence, a licensee shall distribute

• (a) each Category A service;

• (b) at least one English-language general interest DTH pay-per-view service; and

• (c) at least one French-language general interest DTH pay-per-view service.

(3) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under subsection (2) by distributing either the standard definition service or high definition service of a programming service.

48. (1) Except as otherwise provided in section 49 or under a condition of its licence, a licensee may distribute the following programming services:

• (a) the programming service of any licensed programming undertaking, excluding a television pay-per-view service;

• (b) any authorized non-Canadian programming service — including, subject to section 50, a 4 + 1 package of programming services;

• (c) subject to section 29, the programming service of any exempt programming undertaking;

• (d) any programming service that promotes a programming service distributed by the licensee and that meets the criteria set out in paragraph 27 of Broadcasting Public Notice CRTC 2007-74, dated July 5, 2007 and entitled Previews and promotional channels; and

• (e) any programming service — including, subject to section 50, a further 4 + 1 package of programming services — that is authorized under a condition of its licence.

(2) A licensee that distributes a programming service under subsection (1) may also distribute the high definition version of that programming service.

49. (1) Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall obtain the consent of the operator of a distant television station to distribute its signal before the licensee makes the signal available to its subscribers.

(2) The licensee is not obliged to obtain the consent of the operator of the distant television station if

• (a) the signal must be distributed as part of the licensee’s basic service

  • (i) because the Commission has required it under paragraph 9(1)(h) of the Act, or

  • (ii) because it is required under section 46; or

• (b) the signal originates in the Atlantic provinces and is distributed under section 46 by the licensee to a subscriber whose residence or other premises are located in the Atlantic provinces.