Advanced Search

• 46 (1) The following definitions apply in this section.

  independent ownership group

  independent ownership group means an ownership group — other than the Corporation or a major ownership group — that owns and operates an independently-owned television station or an ownership group designated as such by the Commission in paragraph 31 of Broadcasting Regulatory Policy CRTC 2010–162 dated March 19, 2010 and entitled Distribution by direct-to-home services of stations from the major ownership groups in the Atlantic provinces and independently owned stations across Canada. (groupe de propriété indépendante)

• (2) Except as otherwise provided under a condition of its licence, a licensee shall distribute, as part of its basic service, to the extent that they are available, the programming services of two independently-owned television stations from each independent ownership group to subscribers whose residence or other premises are located within the Grade B official contour or noise-limited bounding official contour.

• (3) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service,

  • [...]

  • (b) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service.

• (4) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to a subscriber whose residence or other premises are located in Ontario, Quebec, Manitoba, British Columbia, Saskatchewan or Alberta,

  [...]

• (5) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to subscribers whose residence or other premises are located in the Atlantic provinces

  [...]

• (6) If two or more programming services from the Corporation or two or more programming services from the same ownership group are available to be distributed by a licensee in accordance with paragraph (5)(a) or (b), the licensee is required to distribute only one of those programming services from the Corporation or one of those programming services from the ownership group, as the case may be, if the operator of the programming undertaking that provides the programming services has not committed to providing local programming as part of its licence issuance or most recent licence renewal or amendment.

• (7) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to a subscriber whose residence or other premises are located in Yukon, the Northwest Territories or Nunavut

  [...]

• (8) Except as otherwise provided under a condition of its licence, a licensee may, in addition to the programming services required under subsections (2) to (7), distribute to a subscriber as part of its basic service

  • (a) a 4 + 1 package of programming services that originates

    • (i) in the same time zone as that in which the subscriber’s residence or other premises is located, or

  • (b) the programming service of any radio station whose market, as defined in section 2 of the Radio Regulations, 1986, includes the location of the subscriber’s residence or other premises.

[...]

1 The definitions in this section apply in these Regulations.

authorized non-Canadian programming service

authorized non-Canadian programming service  means a programming service that is authorized for distribution by the Commission and is included in the appendix to Broadcasting Regulatory Policy CRTC 2011-399, dated June 30, 2011 and entitled List of non-Canadian programming services authorized for distribution, as amended from time to time. (service de programmation non canadien approuvé)

Category A service

Category A service  means

• (a) in respect of a licence that was issued before September 1, 2011,

  • (i) a pay television service, other than a Category C service or a service that was designated as a Category 2 service by the Commission before that day, or

  • (ii) a specialty service, other than a Category C service or a service that was designated as a Category 2 service by the Commission before that day; and

• (b) in respect of a licence that is issued during the period beginning on September 1, 2011 and ending on August 31, 2018, a Canadian programming service that is designated as a Category A service by the Commission. (service de catégorie A)

Category C service

Category C service  means

• (a) a Canadian programming service that is designated as such by the Commission; or

• (b) a pay television service or a specialty service that is subject to the conditions of licence set out in

  • (i) the appendices to Broadcasting Regulatory Policy CRTC 2009-562-2, dated May 25, 2012 and entitled Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news – Definition of broadcast day for mainstream sports services, as amended from time to time; or

  • (ii) the appendix to Broadcasting Regulatory Policy CRTC 2015-436, dated September 23, 2015 and entitled Revised standard conditions of licence for Canadian discretionary services operating as national news services, as amended from time to time. (service de catégorie C)

community-based digital undertaking

community-based digital undertaking  means a programming undertaking that is licensed as a community-based digital undertaking and whose programming service is distributed on a digital basis. (entreprise communautaire numérique)

community-based low-power television station

community-based low-power television station  means an analog or digital over-the-air programming undertaking that is licensed as a community-based low-power television station. (station de télévision communautaire de faible puissance)

discretionary basis

discretionary basis  means, in respect of the distribution of a programming service, its distribution as other than part of the basic service or the first-tier offering for a fee that is in addition to that charged for the basic service or the first-tier offering. (base facultative)

exempt discretionary service

exempt discretionary service  means a discretionary service that is offered by an exempt programming undertaking that meets the criteria set out in the appendix to Broadcasting Order CRTC 2015-88, dated March 12, 2015 and entitled Exemption order respecting discretionary television programming undertakings serving fewer than 200,000 subscribers, as amended from time to time. (service facultatif exempté)

francophone market

francophone market , in respect of a licensed area, means a market in which, according to the most recent population figures published by Statistics Canada, French is used as the mother tongue by more than 50% of the total population of all cities, towns and other municipalities that are situated in whole or in part within the licensed area. (marché francophone)

local community television programming

local community television programming  means, in relation to a licensed area, programming that is reflective of the community served in the licensed area and that is produced

• [...]

• (b) by another licensee in a licensed area within the same municipality as the licensee referred to in paragraph (a), by the members of the community served in that licensed area or by a community television corporation residing within that licensed area. (programmation locale de télévision communautaire)

local head end

local head end  means

• [...]

• (b) in respect of any other terrestrial distribution undertaking,

  • [...]

  • (ii) if the majority of programming services are not received at one specific location, the specific location in the licensed area that has been designated by the licensee and authorized by the Commission as the licensee’s head end for that licensed area. (tête de ligne locale)

station

station  means a radio or television programming undertaking that is licensed as a radio or television station or that provides its programming service by way of a transmitting antenna, or a radiocommunication distribution undertaking that rebroadcasts, by way of a signal that is not encrypted, the programming service of a radio or television programming undertaking. (station)

[...]

• 17 (1) Except as otherwise provided in subsections (3) to (5) or under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service, in the following order of priority:

  • [...]

  • (d) the programming services of any regional television station that is owned and operated by the Corporation, unless the licensee is distributing, in accordance with paragraph (a), the programming services of a local television station that is owned and operated by the Corporation and that broadcasts in the same official language as the regional television station;

  • [...]

  • (g) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service.

• (2) Except as otherwise provided under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service:

  [...]

• [...]

• (4) If the programming services of two or more television stations rank equally in the order of priority set out in subsection (1), a licensee shall, unless the operators of the stations agree otherwise in writing, give priority to the programming services of those stations that have studios that are located in the province in which the licensed area is located or in the National Capital Region, as described in the schedule to the National Capital Act, in the order of the proximity of their main studios to the local head end of the licensed area.

• [...]

• (6) Except as otherwise provided under a condition of its licence, a licensee may, in addition to the programming services required under subsections (1) to (5), distribute the following services as part of its basic service in the licensed area:

  • [...]

  • (b) a 4 + 1 package of programming services that originates

    • (i) in the same time zone as that in which the licensee’s local head end is located, or

[...]

• 18 (1) The following definitions apply in this section.

  ethnic Category A service

  ethnic Category A service means, in respect of a licence that was issued before March 12, 2015, a programming service that is designated as an ethnic Category A service by the Commission or 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. (service ethnique de catégorie A)

• (2) Except as otherwise provided in this section, in sections 23 to 27 or under a condition of its licence, a licensee shall distribute

  [...]

• (3) For the purposes of subparagraphs (2)(a)(iii) and (b)(iii),

  • [...]

  • (b) the analog or standard definition programming service and the high definition service together count as a single programming service.

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

  [...]

• (5) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under this section and section 19 by distributing either the standard definition programming service or the high definition version of that programming service.

[...]

• 4 (1) The definitions in this subsection apply in this section.

  associate

  associate , when used to indicate a relationship with a person, includes

  • [...]

  • (b) a trust or an estate in which the person has a substantial beneficial interest or in respect of which the person serves as a trustee or in a similar capacity;

  • [...]

  • (d) a relative of the person, or of the spouse or common-law partner referred to in paragraph (c), if that relative has the same residence as the person;

  • (e) a corporation of which the person alone, or the person together with one or more associates as described in this definition, has, directly or indirectly, control of 50% or more of the voting interests;

  • (f) a corporation of which an associate, as described in this definition, of the person has, directly or indirectly, control of 50% or more of the voting interests; and

• [...]

• (4) Except as otherwise provided under a condition of its licence, a licensee shall obtain the prior approval of the Commission in respect of any act, agreement or transaction that directly or indirectly would result in

  [...]

[...]