Simultaneous Programming Service Deletion and Substitution Regulations (SOR/2015-240)

Marginal note:Obligation to carry out request

• 4 (1) Except as otherwise provided under these Regulations or in a condition of its licence, a licensee that receives a request referred to in section 3 must carry out the requested deletion and substitution if the following conditions are met:

  • (a) the request is in writing and is received by the licensee at least four days before the day on which the programming service to be substituted is to be broadcast;

  • (b) the programming service to be deleted and the programming service to be substituted are comparable and are to be broadcast simultaneously;

  • (c) the programming service to be substituted has the same format as, or a higher format than, the programming service to be deleted; and

  • (d) if the licensee carries on a terrestrial distribution undertaking, the programming service to be substituted has a higher priority under section 17 of the Broadcasting Distribution Regulations than the programming service to be deleted.

• Marginal note:Late request

  (2) In the case of a request that is not received within the period referred to in paragraph (1)(a) but that meets the conditions set out in paragraphs (1)(b) to (d), the licensee may carry out the requested deletion and substitution, except as otherwise provided under these Regulations or in a condition of its licence.

• Marginal note:Decision by Commission

  (3) A licensee must not delete a programming service and substitute another programming service for it if the Commission decides under subsection 18(3) of the Broadcasting Act that the deletion and substitution are not in the public interest.

• Marginal note:Deletion and substitution by operator

  (4) The licensee and the operator of the local television station or the regional television station may agree to have the operator carry out the deletion and substitution.

• Marginal note:More than one request

  (5) If a licensee that carries on a terrestrial distribution undertaking receives a request for deletion and substitution from more than one operator of a Canadian television station, it must give preference to the programming service of the television station that has the highest priority under section 17 of the Broadcasting Distribution Regulations.

• Marginal note:Discontinuation of substitution

  (6) A licensee may discontinue a deletion and substitution if the deleted and substituted programming services are not, or are no longer, comparable and broadcast simultaneously.