Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2017-11-20 and last amended on 2017-09-01. Previous Versions

  •  (1) Except as otherwise provided under a condition of its licence, a licensee shall devote at least 60% of the programming distributed on the community channel in the licensed area in each broadcast week to the distribution of local community television programming.

  • (2) Except as otherwise provided under a condition of its licence, a licensee

    • (a) shall devote at least 50% of the programming distributed on the community channel in each broadcast week to community access television programming;

    • (b) [Repealed, SOR/2017-160, s. 7]

    • (c) shall, if one or more community television corporations are in operation in a licensed area, make available to them up to 20% of the programming distributed on the community channel in each broadcast week for community access television programming; and

    • (d) shall, if one or more community television corporations are in operation in a licensed area, make available to each of them, on request, not less than four hours of community access television programming in each broadcast week.

  • (3) The time allocated to the distribution of alphanumeric message services is excluded from the calculation of the programming requirement under this section.

  • SOR/2001-75, s. 8;
  • SOR/2003-29, s. 3;
  • SOR/2011-148, s. 8;
  • SOR/2017-160, s. 7.
  •  (1) In this section, direct programming expense means an expenditure for the production or acquisition of programming, including

    • (a) expenditures on volunteer training and volunteer program development and community outreach, but excluding expenditures related to technology, sales, promotion and administration as well as general expenses; and

    • (b) expenditures related to the acquisition of programming produced by community-based digital undertakings, community-based low-power television stations or community television corporations.

  • (2) Except as otherwise provided under a condition of its licence, a licensee shall direct at least 50% of its direct programming expenses in a broadcast year to community access television programming.

  • (3) Except in the final year of the term of its licence, a licensee may defer up to 5% of the amount of direct programming expenses required to be directed in a given broadcast year under subsection (2) to the following broadcast year.

  • (4) Except as otherwise provided under a condition of its licence, the licensee shall direct to direct programming expenses for its community channel at least the following percentages of any contributions to community programming that are allowable contributions to local expression made by either the licensee or an affiliate:

    • (a) 60%, for the broadcast year beginning on September 1, 2017 and ending on August 31, 2018;

    • (b) 65%, for the broadcast year beginning on September 1, 2018 and ending on August 31, 2019;

    • (c) 70%, for the broadcast year beginning on September 1, 2019 and ending on August 31, 2020; and

    • (d) 75%, for each successive broadcast year beginning on September 1, 2020.

  • SOR/2001-334, s. 4;
  • SOR/2003-217, s. 18;
  • SOR/2011-148, s. 8;
  • SOR/2017-160, s. 8.

 [Repealed, SOR/2011-148, s. 8]

  •  (1) Except as otherwise provided under a condition of its licence, a licensee shall

    • (a) keep, in a form acceptable to the Commission, a program log or record of the programs that are distributed on the community channel in each licensed area and retain it for a period of one year after distribution of the programs; and

    • (b) enter into the program log or record each day the following information for each program:

      • (i) the title of the program,

      • (ii) its date of distribution, time of commencement and completion, and duration, including the announcements and commercial messages referred to in paragraphs 30(1)(b) and (g),

      • (iii) a brief description of the program, including a statement as to whether it is local community television programming,

      • (iv) the name of the distribution undertaking for which the program was produced and the name of the producer,

      • (v) a statement that indicates whether the program constitutes community access television programming and, if so,

        • (A) the party that has been provided with access and whether that party is a community television corporation, and

        • (B) the name of the individual requesting access, their role in the origination and production of the program and their relationship, if any, with the licensee,

      • (vi) the time of commencement of an announcement or commercial message referred to in paragraphs 30(1)(b) and (g), respectively, its duration and, in the case of a commercial message, the name of the person selling or promoting goods, services or activities,

      • (vii) a statement that indicates whether the program was broadcast with closed captioning, audio description or described video,

      • (viii) a statement that indicates whether the program is an original first-run program, a previously broadcast program or a repeat program, and

      • (ix) the language of the program.

  • (2) A licensee shall retain a clear and intelligible audiovisual recording of each program distributed on the community channel in each licensed area for a period of

    • (a) four weeks after the date of distribution of the program; or

    • (b) eight weeks after the date of distribution of the program, if the Commission receives a complaint from a person regarding the program or, for any other reason, decides to investigate, and so notifies the licensee before the end of the period referred to in paragraph (a).

  • (3) If, before the end of the relevant period referred to in paragraph (1)(a) or subsection (2), the Commission requests from a licensee a program log, a record or a clear and intelligible audiovisual recording, the licensee shall, without delay, furnish the log, record or recording to the Commission.

  • (4) The following definitions apply in this section.

    original first-run program

    original first-run program means a program that is broadcast for the first time on the community channel and that has not already been broadcast on another community channel. (émission originale en première diffusion)

    previously broadcast program

    previously broadcast program means a program that is broadcast for the first time on the community channel and that has already been broadcast on another community channel. (émission déjà diffusée)

    repeat program

    repeat program means a program that has already been broadcast on the community channel. (émission rediffusée)

  • SOR/2003-217, s. 19;
  • SOR/2007-248, s. 2;
  • SOR/2011-148, s. 8;
  • SOR/2017-160, s. 9.

 [Repealed, SOR/2011-148, s. 8]

 [Repealed, SOR/2011-148, s. 8]

 [Repealed, SOR/2011-148, s. 8]

Contribution to Local Expression, Canadian Programming and Community Television

  •  (1) If a licensee is required under this section to make a contribution to Canadian programming, it shall contribute

    • (a) to the Canadian production fund at least 80% of its total required contribution; and

    • (b) to one or more independent production funds, the remainder of its total required contribution.

  • (2) Except as otherwise provided under a condition of its licence or subsection (3), a licensee shall, for each broadcast year, contribute to Canadian programming an amount equal to 4.7% of its gross revenues derived from broadcasting activities in the previous broadcast year less any allowable contribution to local expression made by the licensee in the current broadcast year to a maximum of an amount equal to 1.5% of its gross revenues derived from broadcasting activities in the previous broadcast year.

  • (3) Except as otherwise provided under a condition of its licence, if a licensee does not make an allowable contribution to local expression in the current broadcast year and a community programming undertaking is licensed in the licensed area, a licensee shall, for each broadcast year, contribute

    • (a) an amount equal to 3.2% of its gross revenues derived from broadcasting activities in the previous broadcast year to Canadian programming; and

    • (b) an amount equal to 1.5% of its gross revenues derived from broadcasting activities in the previous broadcast year to the community programming undertaking.

  • (4) to (7) [Repealed, SOR/2017-160, s. 10]

  • SOR/2003-29, s. 4;
  • SOR/2003-217, s. 23;
  • SOR/2011-148, s. 8;
  • SOR/2012-143, s. 1;
  • SOR/2017-160, s. 10.
 
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