Distribution of Basic Service
5. Except as otherwise provided under a condition of its licence or these Regulations, no licensee shall provide a subscriber with any programming services, other than pay-per-view services, video-on-demand services or the programming services of exempt programming undertakings, without also providing the basic service of the licensee.
Majority of Canadian Programming Services
6. (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 received by 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;
(b) television pay-per-view service;
(c) DTH pay-per-view service; and
(d) video-on-demand service.
(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) pay television service;
(c) specialty service;
(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.
Alteration or Deletion of Programming Service
7. 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 under a condition of its licence or these 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.
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