Discretionary Services Regulations (SOR/2017-159)

Marginal note:Obligations — log or record

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

  • (a) keep a program log or record of its programming in a form that is acceptable to the Commission;

  • (b) retain the log or record for a period of one year after the day on which the programming was distributed;

  • (c) cause the following information to be entered in the log or record each day:

    • (i) the date,

    • (ii) an identification of the licensee or the service provided by the licensee,

    • (iii) the time at which advertising material that it broadcasts in a break within a program or between programs begins, its duration and, in the case of a commercial message, the name of the person that is selling or promoting goods, services, natural resources or activities,

    • (iv) in relation to each program other than a music video clip,

      • (A) its title and any additional information that is to be included in accordance with the appropriate subitem of Schedule 1,

      • (B) the key figure that describes the program,

      • (C) the time at which the program begins and ends,

      • (D) if applicable, the code set out in column 1 of Part A, C or D of Schedule 2 that indicates the language, type or group of the program described in column 2,

      • (E) if applicable, the code set out in column 1 of Part B of Schedule 2 that indicates the accessibility of the program described in column 2, and

      • (F) if it is required by a condition of the licence, a brief description of the content of the program,

    • (v) in relation to each music video clip,

      • (A) the title of the clip,

      • (B) the name of and language used by the performer,

      • (C) an indication as to whether the clip is a Canadian music video clip, as defined in section V of Appendix I to Public Notice 2000-42, dated March 17, 2000, entitled Certification for Canadian Programs — A revised approach,

      • (D) the key figure that describes the clip, and

      • (E) if applicable, the code set out in column 1 of Part B of Schedule 2 that indicates the accessibility of the clip described in column 2, and

    • (vi) if the licensee distributes its programming in a multi-hour block, the time at which each block begins and ends; and

  • (d) within 30 days after the last day of each month, provide to the Commission the log or record of its programming for the month and a certificate attesting to the accuracy of the contents of the log or record.

• Marginal note:If more than one subitem applies

  (2) For the purposes of clauses (1)(c)(iv)(B) and (1)(c)(v)(D), if more than one subitem of Schedule 1 applies to the program, a licensee may, in respect of that program, cause to be entered in its program log or record the key figures indicating the subitems that apply to each segment of the program, in the order in which the segments are distributed, and the starting time and duration of each segment of the program.

• Marginal note:Obligation to keep recording of programming

  (3) A licensee shall retain a clear and intelligible audio-visual recording of all of its programming

  • (a) for a period of four weeks after the day on which the programming is distributed; or

  • (b) for a period of eight weeks after the day on which the programming is distributed, if the Commission receives a complaint from a person regarding any programming, or for any other reason wishes to investigate the programming, and notifies the licensee of the investigation before the end of the four-week period.

• Marginal note:Obligation to provide recording to Commission

  (4) If the Commission requests a clear and intelligible audio-visual recording of a licensee’s programming from the licensee before the end of the applicable period referred to in paragraph (3)(a) or (b), the licensee shall, without delay, provide the recording to the Commission.