Discretionary Services Regulations (SOR/2017-159)

Undue Preference or Disadvantage

Marginal note:Prohibition — undue preference or disadvantage

• 11 (1) A licensee shall not give an undue preference to any person, including itself, or subject any person to an undue disadvantage.

• Marginal note:Burden of proof

  (2) In a proceeding before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.

Tied Selling

Marginal note:Prohibition

12 Except as otherwise provided under a condition of its licence, a licensee shall not offer its programming service for distribution as part of a package with other programming services unless it also makes its programming service available on a stand-alone basis.

Availability of New Programming Services for Distribution

Marginal note:Obligation — distribution of new programming service

13 Except as otherwise provided under a condition of its licence, a licensee that is ready to launch a new programming service shall make that programming service available for distribution by all licensed broadcasting distribution undertakings or operators of exempt distribution undertakings, despite the absence of a commercial agreement.

Dispute Resolution

Marginal note:Referral of dispute to Commission

• 14 (1) If there is a dispute between a licensee and the operator of a licensed distribution undertaking or an exempt distribution undertaking concerning the carriage or terms of carriage of programming that originates from the licensee, including the wholesale rate and the terms of any audit referred to in section 15.1 of the Broadcasting Distribution Regulations, one or both of the parties to the dispute may refer the matter to the Commission for dispute resolution.

• Marginal note:Mediation

  (2) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute shall participate in a mediation with a person who is appointed by the Commission.

• Marginal note:Additional information

  (3) During the dispute resolution process, the person who is appointed may require additional information from the parties.

• Marginal note:Procedural requirements, rates, terms and conditions

  (4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the licensee’s programming service in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution,

  • (a) the dispute shall be resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2019-184, dated May 29, 2019 and entitled Practices and procedures for dispute resolution; and

  • (b) the rates, terms and conditions established by the Commission apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.

• Marginal note:Rates, terms and conditions — new programming service

  (5) If the dispute relates to the rates, terms or conditions that relate to a new programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the parties will be bound by the rates, terms and conditions established by the Commission for the duration of the contractual term established by the Commission.

• Marginal note:Rates, terms and conditions — agreement

  (6) Despite subsections (4) and (5), the parties may reach an agreement that sets out rates, terms or conditions that differ from those established by the Commission.

Obligations During Dispute

Marginal note:Obligation — rates, terms and conditions

• 15 (1) During a dispute between a licensee and a person that is licensed to carry on a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming that originates from the licensee or concerning any right or obligation under the Act, the licensee must continue to provide its programming services to the distribution undertaking at the same rates and on the same terms and conditions as it did before the dispute.

• Marginal note:Period of dispute

  (2) For the purposes of subsection (1), a dispute begins when written notice of the dispute is provided to the Commission and is served on the other undertaking that is a party to the dispute and ends when an agreement settling the dispute is reached by the concerned undertakings or, if no such agreement is reached, when the Commission renders a decision concerning any unresolved matter.

Transmission of Programming Service

Marginal note:Obligations — transmission of programming service

16 Except as otherwise provided under a condition of its licence, a licensee shall, in respect of each programming service that is required to be distributed under section 18 of the Broadcasting Distribution Regulations, by the Commission under paragraph 9(1)(h) of the Act or by order of the Commission made under subsection 9(4) of the Act,

• (a) ensure the transmission of the programming service from its production facilities to each broadcasting distribution undertaking’s head end located within the area for which the licensee is licensed or to a satellite uplink centre located within that area; and

• (b) bear the costs of the transmission.

Transitional Provisions

17 The holder of any licence for a pay television programming undertaking or a speciality services programming undertaking in effect on September 1, 2017 is considered to be a licensee for the purposes of these Regulations for the remainder of the term of the licence.

18 A program that, before November 1, 2023, qualified as a Canadian program under subparagraph (b)(i) or (ii) of the definition Canadian program in section 1, as it read immediately before that day, continues to qualify as a Canadian program for the purposes of these Regulations.

Repeal

19 [Repeal]

20 [Repeal]

Coming into Force

21 These Regulations come into force on September 1, 2017 but if they are registered after that day, they come into force on the day on which they are registered.