Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2016-09-18 and last amended on 2016-03-01. Previous Versions

 Except as otherwise provided under a condition of its licence or these Regulations, a licensee may only distribute an authorized non-Canadian programming service on a discretionary basis.

  • SOR/2003-217, s. 13;
  • SOR/2011-148, s. 8;
  • SOR/2015-239, s. 13.
  •  (1) Except as otherwise provided under a condition of its licence, a licensee shall not distribute an adult programming service in a package such that a subscriber is required to subscribe to that service in order to obtain any other programming service.

  • (2) A licensee that distributes an adult programming service shall fully block the reception of both the audio and video portions of the service to subscribers who request that they not receive the service in either unscrambled or scrambled mode.

  • SOR/2011-148, s. 8;
  • SOR/2015-239, s. 13.
  •  (1) Except as otherwise provided under a condition of its licence, a licensee may only distribute the following programming services on a discretionary basis:

    • (a) a single point-of-view religious discretionary service;

    • (b) a limited point-of-view religious discretionary service;

    • (c) a religious exempt discretionary service; and

    • (d) a religious authorized non-Canadian programming service.

  • (2) Except as otherwise provided under a condition of its licence, a licensee shall not distribute a programming service referred to in subsection (1) in a package of programming services that is chosen by the licensee unless all of the services in the package are those referred to in that subsection and they are distributed on a discretionary basis.

  • SOR/2011-148, s. 8;
  • SOR/2013-137, s. 4;
  • SOR/2015-239, s. 13.
  •  (1) In this section, 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.

  • (2) For the purposes of this section, the definition third-language service in section 1 includes a programming service that is named in paragraph 138 of Broadcasting Public Notice CRTC 2008-100, dated October 30, 2008 and entitled Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services.

  • (3) Except as otherwise provided under a condition of its licence, a licensee shall, for each non-Canadian third-language service that it offers to its subscribers, offer — to the extent that such a service is available — at least one Canadian third-language service in the same principal language.

  • (4) Except as otherwise provided under a condition of its licence, a licensee shall, for each non-Canadian third-language service that it distributes to its subscribers as part of a package of programming services that is chosen by the licensee, distribute in that package — to the extent that such a service is available — at least one Canadian third-language service 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;
  • SOR/2015-239, s. 13.

 [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.

Access by Pay Audio Programming Undertakings

[SOR/2003-458, s. 6; SOR/2011-148, s. 8]
  •  (1) In this section, unrelated pay audio programming undertaking means

    • (a) a pay audio programming undertaking of which the licensee or an affiliate, or both, controls 10% or less; or

    • (b) a pay audio programming undertaking of which the licensee or an affiliate, or both, controls more than 10% but less than 30% and whose programming services the licensee was distributing on October 30, 2008.

  • (2) Subject to subsection (3), if a licensee distributes in a licensed area the programming service of a pay audio programming undertaking other than an unrelated pay audio programming undertaking, the licensee shall distribute in the licensed area the programming service of at least one unrelated pay audio programming undertaking.

  • (3) A licensee is not required to distribute in a licensed area the programming service of an unrelated pay audio programming undertaking that is delivered to the licensee in a format that is technically incompatible with the licensee’s method of signal distribution.

  • SOR/2003-217, s. 16;
  • SOR/2003-458, s. 7;
  • SOR/2009-234, s. 4;
  • SOR/2011-148, s. 8.

 [Repealed, SOR/2011-148, s. 8]

 [Repealed, SOR/2011-148, s. 8]

 [Repealed, SOR/2011-148, s. 8]

Community Channel

  •  (1) Except as otherwise provided in subsections (2) and (3) or under a condition of its licence, if a licensee elects to distribute community programming under paragraph 20(1)(d) in a licensed area, the licensee shall not distribute, on the community channel in the licensed area, any programming service other than the following:

    • (a) community programming;

    • (b) a maximum of two minutes during each clock hour of announcements promoting broadcasting services that the licensee is authorized to provide;

    • (c) a public service announcement;

    • (d) an information program funded by and produced for a federal, provincial or municipal government or agency or a public service organization;

    • (e) the question period of the legislature of the province in which the licensed area is located;

    • (f) an announcement providing information about the programming that is to be distributed on the community channel;

    • (g) a commercial message that mentions or displays the name of a person who sponsored a community event or the goods, services or activities sold or promoted by the person, if the mention or display is in the course of, and incidental to the production of, community programming relating to the event;

    • (h) an oral or written acknowledgement, that may include a moving visual presentation of no more than 15 seconds per message, contained in community programming that mentions no more than the name of a person, a description of the goods, services or activities that are being sold or promoted by the person, and their address and telephone number, if the person provided direct financial assistance for the community programming in which the acknowledgement is contained;

    • (i) an oral or a written acknowledgement contained in community programming that mentions no more than the name of a person, the goods or services provided by the person and their address and telephone number, if the person provided the goods or services free of charge to the licensee for use in connection with the production of the community programming in which the acknowledgement is contained;

    • (j) a still image programming service as described in Public Notice CRTC 1993-51, dated April 30, 1993 and entitled Exemption order respecting still image programming service undertakings, if the service is produced by the licensee or by members of the community served by the licensee and does not contain commercial messages, other than commercial messages that are contained within the programming service of a licensed radio station; and

    • (k) the programming of a community programming undertaking.

  • (2) At least 75% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) shall be made available for the promotion of the community channel and for the promotion, by Canadian programming undertakings other than related programming undertakings, of their respective services.

  • (3) A maximum of 25% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) may be made available for the promotion of the services of related programming undertakings, services distributed on a discretionary basis, packages of programming services, FM services and additional outlets and for the distribution of information on customer services and channel realignments.

  • (4) Whenever a licensee is not distributing community programming on the community channel in a licensed area, or is distributing on that channel community programming that has no audio component, the licensee may distribute on that channel the programming service of a local radio station, other than an educational radio programming service whose operation is the responsibility of an educational authority.

  • (5) If a licensee provides time on the community channel in a licensed area during an election period for the distribution of programming of a partisan political character, the licensee shall allocate that time on an equitable basis among all accredited political parties and rival candidates.

  • (6) A licensee that distributes commercial messages or acknowledgements on the community channel under paragraph (1)(g), (h) or (i) shall ensure that those messages and acknowledgements comply with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

  • SOR/2003-217, s. 17;
  • SOR/2011-148, s. 8;
  • SOR/2012-57, s. 4;
  • SOR/2015-239, s. 14.
 
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