Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2014-10-27 and last amended on 2014-09-17. Previous Versions

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.

Non-disclosure

  •  (1) A licensee that is distributing programming services of a licensed programming undertaking or that is negotiating terms of carriage with such an undertaking, or with an undertaking otherwise authorized to operate by reason of a Commission decision approving the issuance of a licence under paragraph 9(1)(b) of the Act, for its programming services, including new programming services, shall sign and provide to the other licensee or to the operator of the undertaking otherwise authorized an agreement that

    • (a) reproduces the non-disclosure provisions; and

    • (b) contains its consent to comply with the non-disclosure provisions for the benefit of the other licensee or the operator of the undertaking.

  • (2) A licensee that is distributing an exempt Category B service or an exempt third-language service of an exempt programming undertaking or that is negotiating terms of carriage with an exempt programming undertaking for an exempt Category B service or an exempt third-language service, including any new programming service that is an exempt Category B service or an exempt third-language service, shall sign and provide to the operator of the exempt programming undertaking an agreement that

    • (a) reproduces the non-disclosure provisions; and

    • (b) contains its consent to comply with the non-disclosure provisions for the benefit of the operator of the exempt programming undertaking.

  • (3) For the purposes of subsections (1) and (2), the non-disclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

  • SOR/2014-206, s. 4.