Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2015-11-16 and last amended on 2015-11-05. Previous Versions

 An agreement that is reached after dispute resolution must be in writing and be signed by all parties.

 If no agreement is reached by the parties, the person appointed under subsection 12(4) must submit a report to the Commission concerning all unresolved matters within the period established by the Commission.

 The Commission may, after accepting a referral of a matter for resolution under section 12, render a decision concerning any unresolved matters, including the wholesale rate.

Obligation During Dispute

  •  (1) During any dispute between a licensee and a person licensed to carry on a programming undertaking or the operator of an exempt programming undertaking concerning the carriage or terms of carriage of programming services or concerning any right or obligation under the Act, the licensee shall continue to distribute those programming services at the same rates and on the same terms and conditions as it did before the dispute.

  • (2) For the purposes of subsection (1), a dispute exists from the moment that written notice of the dispute is provided to the Commission and served on the other undertaking that is party to the dispute and ends when an agreement settling the dispute is reached by the concerned undertakings or, if no such agreement is reached, when the Commission renders a decision concerning any unresolved matter.

  • SOR/2012-151, s. 15.

Obligation to Programming Undertakings Regarding Distribution Without Agreement

 A licensee who distributes a new programming service with respect to which it has no commercial agreement shall abide by the rates, terms and conditions established by the operator of the concerned programming undertaking until a commercial agreement is reached between the parties or the Commission renders a decision concerning any unresolved matter.

  • SOR/2012-151, s. 15.

Audit Access by Programming Services

 A licensee shall give access to its records to any Canadian programming undertaking that receives a wholesale rate for its programming services to enable the programming undertaking to verify subscriber information for its programming services in accordance with the terms prescribed in Appendix 2 to Broadcasting Regulatory Policy CRTC 2014-473, dated September 12, 2014 and entitled Provisions governing the timeframes and modalities for the conduct of audits of subscriber information held by broadcasting distribution undertakings.

  • SOR/2011-148, s. 7;
  • SOR/2014-206, s. 5.

Account Stacking

 If a licensee is required to pay a wholesale rate for a Canadian programming service that it provides to a single subscriber at two or more separate dwellings or other premises that are owned or occupied by the same subscriber, the licensee shall remit the wholesale rate to the Canadian programming undertaking for each dwelling or other premises served.

  • SOR/2011-148, s. 7.

Notice of Channel Realignment

 A licensee shall not realign the channel number on which a Canadian programming service is distributed unless, at least 60 days before the proposed effective date of the realignment, the licensee sends a written notice indicating the intended date of the realignment and the channel number on which the programming service will be distributed to each of the operators of the programming services whose channel placements will be affected by the channel realignment.

  • SOR/2011-148, s. 7.