Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2016-01-25 and last amended on 2015-12-01. Previous Versions

 [Repealed, SOR/2011-148, s. 8]

Television Programming Services that May Be Distributed

  •  (1) Except as otherwise provided under a condition of its licence, a licensee may, once it is distributing all the programming services that it is required to distribute in a licensed area under sections 17 to 19, distribute in that licensed area

    • (a) the programming service of any regional television station that is not distributed by the licensee in the licensed area under section 17 or of any extra-regional television station;

    • (b) any video-on-demand service and any television pay-per-view service, the operator of which is authorized to provide the service to all or part of the licensed area, that is not distributed by the licensee in the licensed area under section 18 or 19;

    • (c) any Category A service, Category B service or Category C service that is not distributed by the licensee in the licensed area under section 18 or 19;

    • (d) subject to section 30, community programming;

    • (e) the programming service of any non-Canadian television station that is received over the air at the local head end, other than

      • (i) a programming service consisting of programming that has predominantly religious content, and

      • (ii) the programming service of a non-Canadian television station that began operation after January 1, 1985;

    • (f) any authorized non-Canadian programming service — including, subject to section 22, a 4 + 1 package of programming services;

    • (g) subject to section 21, the programming service of any distant television station;

    • (h) the programming service of any licensed television station that provides its programming services by direct feed and that is not distributed by the licensee in the licensed area under section 17 or otherwise under this section;

    • (i) subject to subsection 19(5), the programming service of any exempt programming undertaking;

    • (j) 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;

    • (k) subject to section 21, an educational television programming service whose operation is the responsibility of an educational authority designated by a province other than the province in which the licensed area is located; and

    • (l) any programming service — including, subject to section 22, 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.

  • SOR/2002-322, s. 5;
  • SOR/2003-217, s. 9;
  • SOR/2006-11, s. 3;
  • SOR/2011-148, s. 8.

Distribution of Distant Television Stations

  •  (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 required to obtain the consent of the operator of the distant television station if the signal is required to be distributed as part of the licensee’s basic service under section 17 or under a condition of its licence.

  • SOR/2003-217, s. 10;
  • SOR/2011-148, s. 8.

Distribution of Non-Canadian Television Stations

 Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall not distribute a 4 + 1 package of programming services that originate outside the time zone in which the licensee’s local head end is located unless the licensee also distributes to its subscribers the programming services of at least one television station from each English major ownership group that originate in the same time zone.

  • SOR/2003-217, s. 11;
  • SOR/2006-174, s. 1;
  • SOR/2011-148, s. 8.

Distribution and Linkage

  •  (1) Except as otherwise provided under a condition of its licence, a licensee that distributes a Category A service in a licensed area as part of a package of programming services may also distribute the service in the licensed area on a stand-alone basis.

  • (2) If the licensee is operating in a francophone market, it shall distribute, in that market in a single package of programming services, all the French-language Category A services that it does not otherwise distribute in that market under paragraph 17(1)(g), before it distributes any of those services in other packages of programming services or on a stand-alone basis.

  • SOR/2003-29, s. 2;
  • SOR/2003-217, s. 12;
  • SOR/2011-148, s. 8.

 Except as otherwise provided under a condition of its licence, a licensee shall not distribute an authorized non-Canadian programming service unless it distributes the service on a discretionary basis.

  • SOR/2003-217, s. 13;
  • SOR/2011-148, s. 8.
  •  (1) Except as otherwise provided under a condition of its licence, a licensee shall not distribute Category B services or exempt third-language services that are adult programming services unless they are packaged in such a way that subscribers are not obligated to subscribe to any of those programming services in order to obtain any other programming service.

  • (2) A licensee that distributes Category B services or exempt third-language services that are adult programming services shall fully block the reception of both the audio and video portions of those services to subscribers who request that they not receive the services in either unscrambled or scrambled mode.

  • SOR/2011-148, s. 8.
  •  (1) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee may distribute, on a stand-alone basis, a single point-of-view religious pay television service, a limited point-of-view religious pay television service, a religious specialty service, a religious exempt Category B service or a religious authorized non-Canadian programming service.

  • (2) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee shall not distribute a single point-of-view religious pay television service, a limited point-of-view religious pay television service, a religious specialty service, a religious exempt Category B service or a religious authorized non-Canadian programming service in a package of programming services unless the other services in the package are one or more of those types of services.

  • (3) The licensee may only distribute the services referred to in subsections (1) and (2) as discretionary services.

  • SOR/2011-148, s. 8;
  • SOR/2013-137, s. 4.
  •  (1) The following definitions apply in this section.

    general interest

    general interest in respect of programming, means programming from a broad spectrum of program genres and categories. (intérêt général)

    principal language

    principal language means a language in which 40% or more of the programming of a programming service is provided over the course of a broadcast week. (langue principale)

  • (2) Except as otherwise provided under a condition of its licence, a licensee shall, for every one to three non-Canadian third-language services that it distributes to its subscribers, distribute — to the extent that one or the other of the following is available — at least

    • (a) one Canadian third-language service in the same principal language; or

    • (b) one ethnic Category A service in the same principal language.

  • (3) Except as otherwise provided under a condition of its licence, a licensee that distributes a non-Canadian third-language service in accordance with subsection (2) shall only distribute that service to its subscribers as part of a package with one or more Canadian third-language services.

  • (4) Except as otherwise provided under a condition of its licence, a licensee that distributes a general interest non-Canadian third-language service or a general interest Category B third-language service to subscribers shall also distribute an ethnic Category A service to them if one is available in the same principal language.

  • SOR/2003-217, s. 14;
  • SOR/2003-458, s. 3;
  • SOR/2006-11, s. 4;
  • SOR/2011-148, s. 8;
  • SOR/2012-4, s. 1;
  • SOR/2014-32, s. 1.

 [Repealed, SOR/2011-148, s. 8]

Audio Programming Services that May Be Distributed

  •  (1) Except as otherwise provided under a condition of its licence, a licensee may distribute in any licensed area

    • (a) any audio Canadian programming service of a licensed programming undertaking or exempt programming undertaking;

    • (b) any audio non-Canadian programming service that is received over the air at the local head end;

    • (c) any international radio service that is operated or funded by a national government or its agent; and

    • (d) any audio programming service that is authorized under a condition of its licence.

  • (2) Except as otherwise provided under a condition of its licence, a licensee shall, for each specialty audio service of a related programming undertaking that it distributes in a licensed area, distribute the lesser of

    • (a) five specialty audio services of any unrelated programming undertakings, and

    • (b) the number of specialty audio services of any unrelated programming undertakings that are available for distribution in the licensed area.

  • SOR/2003-217, s. 15;
  • SOR/2003-458, s. 5;
  • SOR/2011-148, s. 8.
 
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