Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2016-04-12 and last amended on 2016-03-01. Previous Versions

Majority of Canadian Programming Services

  •  (1) Except as otherwise provided under a condition of its licence, a licensee shall ensure, in respect of each of analog and digital technology, that a majority of each of the video and audio programming services that are offered to a subscriber are devoted to the distribution of Canadian programming services.

  • (2) For the purposes of subsection (1), each programming service of one of the following types counts as a single video programming service regardless of the number of channels on which that programming service is distributed by a licensee in a licensed area:

    • (a) pay television service; and

    • (b) on-demand service.

    • (c) and (d) [Repealed, SOR/2015-239, s. 4]

  • (3) For the purposes of subsection (1), each analog service, standard definition service and high definition service of the following types of programming service counts as a single video programming service:

    • (a) licensed television station;

    • (b) discretionary service;

    • (c) programming service that is distributed under paragraph 17(1)(g);

    • (d) authorized non-Canadian programming service; and

    • (e) non-Canadian television station.

  • SOR/2001-334, s. 1;
  • SOR/2003-217, s. 2;
  • SOR/2011-148, s. 2;
  • SOR/2015-239, s. 4.

Alteration or Deletion of Programming Service

 Subject to section 7.2, a licensee shall not alter the content or format of a programming service or delete a programming service in a licensed area in the course of its distribution except

  • (a) as required or authorized by a condition of its licence or under the Simultaneous Programming Service Deletion and Substitution Regulations.

  • (b) for the purpose of complying with subsection 328(1) of the Canada Elections Act;

  • (c) for the purpose of deleting a programming service to comply with an order of a court prohibiting the distribution of the service to any part of the licensed area;

  • (d) for the purpose of altering a programming service to insert a warning to the public announcing

    • (i) any danger to life or property if the insertion is provided for in an agreement entered into by the licensee with the operator of the service or the network responsible for the service, or

    • (ii) an imminent or unfolding danger to life if there is no agreement with the operator of the service or the network responsible for the service;

  • (e) for the purpose of preventing the breach of programming or underlying rights of a third party, in accordance with an agreement entered into with the operator of the service or the network responsible for the service;

  • (f) for the purpose of deleting a subsidiary signal, unless the signal is, itself, a programming service or is related to the service being distributed; or

  • (g) for the purpose of inserting a commercial message, if the insertion is in accordance with an agreement between the licensee and the operator of a Canadian programming service or the network responsible for that Canadian programming service and that agreement pertains to commercial messages directed at a target market of consumers.

  • SOR/99-423, s. 1;
  • SOR/2003-217, s. 3;
  • SOR/2007-164, s. 2;
  • SOR/2009-234, s. 2;
  • SOR/2011-148, s. 3;
  • SOR/2014-202, s. 3;
  • SOR/2015-240, s. 6.

Commercial Messages

  •  (1) Except as otherwise provided under a condition of its licence, a licensee that alters the audio content or audio format of a programming service under paragraph 7(a) or (g) shall ensure that every commercial message complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

  • (2) Except as otherwise provided under a condition of its licence, a licensee that distributes an authorized non-Canadian programming service shall ensure that every commercial message complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

  • SOR/2012-57, s. 3.

Emergency Alerts

  •  (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, by no later than March 31, 2015, a public alerting system that alters without delay a programming service being distributed by the licensee in a licensed area in order to insert any alert that it receives — in a form including both text and audio content — 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 or distribution in the licensed area.

  • (3) The licensee shall insert the alert in all programming services that it is distributing to subscribers whose residence or other premises are located in an area that is targeted by the alert.

  • (4) The licensee shall take all reasonable measures to ensure that the alerts 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.

  • SOR/2014-202, s. 4.

Accessibility of Programming

 Except as otherwise provided under a condition of its licence, a licensee shall make available to its subscribers such equipment, software or other technology that will allow any individual who is blind, visually impaired or who has fine motor skills disabilities to identify and have access to its programming services — including programs with described video — if that equipment, software or other technology is available for purchase by the licensee and is compatible with its distribution system.

  • SOR/2015-239, s. 5.

Prohibited Programming Content

  •  (1) No licensee shall distribute a programming service that the licensee originates and that contains

    • (a) anything that contravenes any law;

    • (b) any abusive comment or abusive pictorial representation that, when taken in context, tends to or is likely to expose an individual or 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.

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

  • (3) For the purpose 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/2011-148, s. 4.

Undue Preference or Disadvantage

  •  (1) No licensee shall give an undue preference to any person, including itself, or subject any person to an undue disadvantage.

  • (2) In any proceedings before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.

  • SOR/2001-75, s. 4(F);
  • SOR/2009-234, s. 3.
 
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