Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2014-04-02 and last amended on 2014-02-28. Previous Versions

Information To Be Submitted to the Commission

  •  (1) On or before November 30 of each year, a licensee shall submit to the Commission a statement of accounts, on the annual return of broadcasting licensee form, for the 12-month period ending on the previous August 31.

  • (2) At the request of the Commission, a licensee shall respond to

    • (a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and

    • (b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

  • (3) [Repealed, SOR/2011-148, s. 5]

  • SOR/2011-148, s. 5.

Dispute Resolution

  •  (1) If there is a dispute between the licensee of a distribution undertaking and the operator of a licensed programming undertaking or an exempt programming undertaking concerning the carriage or terms of carriage of programming originated by the programming undertaking — including the wholesale rate and the terms of any audit referred to in section 15.1 — one or both of the parties to the dispute may refer the matter to the Commission.

  • (2) [Repealed, SOR/2011-148, s. 6]

  • (3) The Commission may require the parties to engage in mediation before the Commission accepts a referral of the matter for dispute resolution.

  • (4) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute are required to participate in a mediation with a person appointed by the Commission.

  • (5) [Repealed, SOR/2012-151, s. 14]

  • (6) When the Commission accepts a referral of a matter for dispute resolution, information provided by a party for the purposes of the dispute resolution may not be used by the other party to the dispute for any other purpose except with the prior consent of the party providing the information.

  • (7) During the dispute resolution process, the person appointed under subsection (4) may require additional information from the parties.

  • (8) A person appointed under subsection (4) may refer a matter to the Commission if a party does not comply with a request under subsection (7), and the Commission may require the additional information or attendance at a meeting in order to discuss the matters in dispute.

  • (9) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the licensee shall submit to having the dispute resolved as provided for in Broadcasting and Telecom Information Bulletin CRTC 2009-38, dated January 29, 2009, and the rates, terms and conditions established by the Commission will apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.

  • (10) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a new programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the parties will be bound by the rates, terms and conditions established by the Commission for the duration of the contractual term established by the Commission.

  • (11) Despite subsections (9) and (10), the parties may reach an agreement with respect to rates, terms or conditions that differ from those established by the Commission.

  • SOR/2011-148, s. 6;
  • SOR/2012-151, s. 14.