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  1. Discretionary Services Regulations - SOR/2017-159 (Section 5)
    Marginal note:Alcoholic beverages
    •  (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage if

      • (a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

      • (b) the commercial message is not designed to promote the general consumption of alcoholic beverages; and

      • (c) the commercial message

        • (i) does not attempt to influence non-drinkers of any age to drink or to purchase an alcoholic beverage,

        • (ii) is not directed at persons under the legal drinking age, does not associate an alcoholic beverage with youth or youth symbols and does not portray persons under the legal drinking age or persons who could reasonably be mistaken for such persons in a context where any such product is being shown or promoted,

        • (iii) does not portray an alcoholic beverage in the context of, or in relation to, an activity that is attractive primarily to people under the legal drinking age,

        • (iv) does not contain an endorsement of the alcoholic beverage, personally or by implication, either directly or indirectly, by any person, character or group who is or is likely to be a role model for minors because of their past or present position of public trust, special achievement in any field of endeavour, association with charities or advocacy activities benefiting children, or reputation or exposure in the mass media,

        • (v) does not attempt to establish an alcoholic beverage as a status symbol, a necessity for the enjoyment of life or an escape from life’s problems or attempt to establish that consumption of the product should take precedence over other activities,

        • (vi) does not imply directly or indirectly that social acceptance, social status, personal success, or business or athletic achievement may be acquired, enhanced or reinforced through consumption of alcohol,

        • (vii) does not imply directly or indirectly that the presence or consumption of alcohol is, in any way, essential to the enjoyment of an activity or an event,

        • (viii) does not portray an alcoholic beverage, or its consumption, in an immoderate way,

        • (ix) does not exaggerate the importance or effect of any aspect of an alcoholic beverage or its packaging,

        • [...]

        • (xi) does not use imperative language to urge people to purchase or consume an alcoholic beverage,

        • (xii) does not introduce an alcoholic beverage in such a way or at such a time that it may be associated with the operation of any vehicle or conveyance requiring skill,

        • (xiii) does not introduce an alcoholic beverage in such a way or at such a time that it may be associated with any activity requiring a significant degree of skill, care or mental alertness or involving an obvious element of danger,

        • (xiv) does not contain inducements to prefer an alcoholic beverage because of its higher alcohol content,

        • (xv) does not refer to the feeling and effect caused by alcohol consumption or show or convey the impression, by behaviour or comportment, that the people depicted in the message are under the influence of alcohol,

        • (xvi) does not portray any person with an alcoholic beverage in situations in which the consumption of alcohol is prohibited, and

        • (xvii) does not contain scenes in which an alcoholic beverage is consumed or scenes that give the impression, visually or in sound, that it is being or has been consumed.

    • Marginal note:Non-application

      (2) For greater certainty, paragraph (1)(b) does not apply in order to prohibit industry, public service or brand preference advertising.


  2. Television Broadcasting Regulations, 1987 - SOR/87-49 (Section 2)

     In these Regulations,

    advertising material

    advertising material  means any commercial message and programming that promotes a station, network or program, but does not include

    • [...]

    • (c) a program that consists exclusively of classified announcements, if the program is broadcast not more than once during a broadcast day and has a duration of not more than one hour, or

    affiliation agreement

    affiliation agreement  means an agreement between one or more stations and another party according to which programs provided by the other party will be broadcast by the stations at a predetermined time; (contrat d’affiliation)

    alcoholic beverage

    alcoholic beverage , in respect of a commercial message, means an alcoholic beverage the sale of which is regulated by the law of the province in which the commercial message is broadcast; (boisson alcoolisée)

    broadcast day

    broadcast day , in respect of a licensee, means the period of up to 18 consecutive hours, beginning each day not earlier than six o’clock in the morning and ending not later than one o’clock in the morning of the following day, as selected by the licensee; (journée de radiodiffusion)

    broadcast month

    broadcast month , in respect of a licensee, means the total number of hours devoted by the licensee to broadcasting during the aggregate of the broadcast days in a month; (mois de radiodiffusion)

    broadcast year

    broadcast year , in respect of a licensee, means the total number of hours devoted by the licensee to broadcasting during the aggregate of the broadcast months in a 12 month period, beginning on September 1 in any year; (année de radiodiffusion)

    commercial message

    commercial message  means an advertisement intended to sell or promote goods, services, natural resources or activities, including an advertisement that mentions or displays in a list of prizes the name of the person selling or promoting the goods, services, natural resources or activities, and that is broadcast in a break within a program or between programs; (message publicitaire)

    program

    program  means a broadcast presentation of sound and visual matter that is designed to inform or entertain and that is described by a key figure determined under Schedule I, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; (émission)

    programming

    programming  means anything that is broadcast, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; (programmation)

    [...]


  3. Television Broadcasting Regulations, 1987 - SOR/87-49 (Section 6)
    •  (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

      • (a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

      • (b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

      • (c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.

    • (2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.

    [...]


  4. Radio Regulations, 1986 - SOR/86-982 (Section 4)
    •  (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

      • (a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

      • (b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

      • (c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.

    • (2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.

    [...]



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