Television Broadcasting Regulations, 1987

4 (1) [Repealed, SOR/94-220, s. 2]

(2) For the purposes of this section,

ethnic programming period

ethnic programming period means that portion of the broadcast year during which a licensee broadcasts ethnic programs; (période de programmation à caractère ethnique)

evening ethnic programming period

evening ethnic programming period means that portion of the evening broadcast period during which a licensee broadcasts ethnic programs; (période de programmation à caractère ethnique en soirée)

evening broadcast period

evening broadcast period means the total time devoted to broadcasting between six o’clock in the afternoon and midnight during each broadcast year. (période de radiodiffusion en soirée)

(3) For the purposes of this section, the time devoted to the broadcasting of a program includes any time devoted to advertising material that is inserted

• (a) within the program;

• (b) in breaks within the program; or

• (c) between the end of the program and the beginning of the following program.

(4) Subsections (6), (7), (9) and (10) do not apply to the licensee of an ethnic station.

(5) Subsections (6) and (7) do not apply to the licensee of a remote station.

(6) Subject to subsection (9), a licensee shall devote not less than 60 per cent of the broadcast year and of any six month period specified in a condition of licence to the broadcasting of Canadian programs.

(7) Subject to subsection (10),

• (a) a licensee holding a public licence shall devote not less than 60 per cent of the evening broadcast period to the broadcasting of Canadian programs; and

• (b) a licensee holding a private licence shall devote not less than 50 per cent of the evening broadcast period to the broadcasting of Canadian programs.

(8) Except where authorized by a condition of licence designed to enhance the quality or diversity of Canadian programs, the licensee of an ethnic station or of a remote station shall devote not less than

• (a) 60 per cent of the broadcast year and of any six month period specified in a condition of licence to the broadcasting of Canadian programs; and

• (b) 50 per cent of the evening broadcast period to the broadcasting of Canadian programs.

(9) Where a licensee is authorized by a condition of licence to devote less than 60 per cent of the ethnic programming period to the broadcasting of Canadian programs and does so, subsection (6) applies to that part of the broadcast year and of any six month period specified in a condition of licence during which the licensee is not broadcasting ethnic programs.

(10) Where a licensee is authorized by a condition of licence to devote less than the required percentage referred to in subsection (7) to the broadcasting of Canadian programs during the evening ethnic programming period and does so, subsection (7) applies only to that portion of the evening broadcast period during which ethnic programs are not broadcast.

(11) Where, in the calculation of the time devoted by a licensee to Canadian programs that are broadcast during a broadcast day, inequities arise among licensees because their stations are located in different time zones, the Commission may vary the application of this section in order that licensees receive equitable treatment in the calculation of their Canadian programs.