Discretionary Services Regulations, SOR/2017-159 [Modified on Nov 1, 2023]

Whereas, pursuant to subsection 10(3) of the Broadcasting Acta, a duplicate of the proposed Discretionary Providers Rules, considerably within the annexed kind, was printed within the Canada Gazette, Half I, on October 8, 2016 and an affordable alternative was afforded to individuals to make representations to the Canadian Radio-television and Telecommunications Fee with respect to the proposed Rules;

Due to this fact, the Canadian Radio-television and Telecommunications Fee, pursuant to subsection 10(1) of the Broadcasting Acta, makes the annexed Discretionary Providers Rules.

Gatineau, August 3, 2017

La secrétaire générale du Conseil de la radiodiffusion et des télécommunications canadiennes,

Danielle Could-Cuconato

Secretary Common, Canadian Radio-television and Telecommunications Fee

Interpretation

Definitions

Act

Act means the Broadcasting Act. (Loi)

promoting materials

promoting materials means any business message or programming that promotes a station, community or program however it doesn’t embrace

(a) a station or community identification;

(b) the announcement of an upcoming program that’s voiced over credit; or

(c) a promotion for a Canadian program or a Canadian function movie, even when a sponsor is recognized within the title of this system or movie or as a sponsor of that program or movie, so long as the identification is restricted to the sponsor’s title and doesn’t embrace an outline, illustration or attribute of the sponsor’s services or products. (matériel publicitaire)

broadcast 12 months

broadcast 12 months means the interval that begins on September 1 of 1 12 months and ends on August 31 of the next 12 months. (année de radiodiffusion)

Canadian program

Canadian program means a program

(a) in respect of which a Canadian movie or video manufacturing certificates as outlined in part 125.4 of the Earnings Tax Act has been issued; or

(b) that qualifies as a Canadian program in accordance with the standards established by the Fee in

(i) Appendices 1 and a pair of to Broadcasting Regulatory Coverage CRTC 2023-90, dated 23 March 2023 and entitled Change to the remedy of inventory footage prices as a part of the analysis of purposes for Canadian program certification, or

(ii) [Repealed, SOR/2023-216, s. 3]

(iii) paragraphs 128 to 130 of Broadcasting Regulatory Coverage CRTC 2015-86, dated March 12, 2015, entitled Let’s Discuss TV: The way in which ahead – Creating compelling and various Canadian programming. (émission canadienne)

business message

business message means an commercial that’s supposed to promote or promote items, companies, pure sources or actions, together with by mentioning or displaying in an inventory of prizes the title of an individual that’s promoting or selling the products, companies, pure sources or actions. (message publicitaire)

exempt distribution endeavor

exempt distribution endeavor means a distribution endeavor whose operator is exempt from a number of of the necessities of Half II of the Act by an order of the Fee made underneath subsection 9(4) of the Act. (entreprise de distribution exemptée)

key determine

key determine means a determine shaped by a mix of alphanumeric characters set out in column 2 of Schedule 1 that corresponds to the outline of this system set out in column 1. (chiffre clé)

licensed

licensed means licensed by the Fee. (autorisé)

licensee

licensee means an individual that’s licensed to hold on a discretionary programming endeavor or a discretionary companies community. (titulaire)

new programming service

new programming service means a programming service that has not been beforehand distributed in Canada and features a excessive definition model or a brand new multiplex of an present programming service. (nouveau service de programmation)

program

program means a program that falls right into a class set out in merchandise 6, column 1, of Schedule 1. (émission)

programming

programming means something that’s broadcast, however doesn’t embrace visible pictures, whether or not or not mixed with sounds, that consist predominantly of alphanumeric characters. (programmation)

Canadian Packages

Obligation to broadcast Canadian packages

Licensee that gives third language programming

(2) Besides as in any other case supplied underneath a situation of its licence, a licensee that gives a 3rd language service shall dedicate a minimum of 15% of the time that it devotes to broadcasting in a broadcast 12 months to the published of Canadian packages.

Time frame dedicated to broadcasting

(3) For the needs of subsections (1) and (2), the time dedicated to the broadcasting of a program consists of any time dedicated to promoting materials.

Definition of third language service

(4) In subsection (2), third language service means a programming service that gives a minimum of 90% of its programming every broadcast week, the primary day of which falls on a Sunday, in a language apart from English or French unique of secondary audio programming and subtitles.

Programming Content material

Prohibition — broadcasting of programming

(a) something that contravenes an Act of Parliament or of the legislature of a province;

(b) any abusive remark or abusive pictorial illustration that, when taken in context, tends to or is more likely to expose a person or a gaggle or class of people to hatred or contempt on the idea of race, nationwide or ethnic origin, color, faith, intercourse, sexual orientation, age or psychological or bodily incapacity; or

(c) any false or deceptive information.

Industrial Messages

Obligation to adjust to technical necessities

Alcoholic drinks

(a) the sponsor is just not prohibited from promoting the alcoholic beverage by the legal guidelines of the province by which the business message is broadcast;

(b) the business message is just not designed to advertise the overall consumption of alcoholic drinks; and

(c) the business message

(i) doesn’t try and affect non-drinkers of any age to drink or to buy an alcoholic beverage,

(ii) is just not directed at individuals underneath the authorized ingesting age, doesn’t affiliate an alcoholic beverage with youth or youth symbols and doesn’t painting individuals underneath the authorized ingesting age or individuals who might fairly be mistaken for such individuals in a context the place any such product is being proven or promoted,

(iii) doesn’t painting an alcoholic beverage within the context of, or in relation to, an exercise that’s engaging primarily to individuals underneath the authorized ingesting age,

(iv) doesn’t include an endorsement of the alcoholic beverage, personally or by implication, both immediately or not directly, by any individual, character or group who’s or is more likely to be a job mannequin for minors due to their previous or current place of public belief, particular achievement in any subject of endeavour, affiliation with charities or advocacy actions benefiting kids, or status or publicity within the mass media,

(v) doesn’t try to ascertain an alcoholic beverage as a standing image, a necessity for the enjoyment of life or an escape from life’s issues or try to ascertain that consumption of the product ought to take priority over different actions,

(vi) doesn’t indicate immediately or not directly that social acceptance, social standing, private success, or enterprise or athletic achievement could also be acquired, enhanced or strengthened by consumption of alcohol,

(vii) doesn’t indicate immediately or not directly that the presence or consumption of alcohol is, in any method, important to the enjoyment of an exercise or an occasion,

(viii) doesn’t painting an alcoholic beverage, or its consumption, in an excessive method,

(ix) doesn’t exaggerate the significance or impact of any side of an alcoholic beverage or its packaging,

(x) doesn’t present or use language that implies, in any method, product misuse or product dependency, compulsive behaviour, urgency of want or urgency of use,

(xi) doesn’t use crucial language to induce individuals to buy or eat an alcoholic beverage,

(xii) doesn’t introduce an alcoholic beverage in such a method or at such a time that it might be related to the operation of any automobile or conveyance requiring talent,

(xiii) doesn’t introduce an alcoholic beverage in such a method or at such a time that it might be related to any exercise requiring a big diploma of talent, care or psychological alertness or involving an apparent factor of hazard,

(xiv) doesn’t include inducements to choose an alcoholic beverage due to its increased alcohol content material,

(xv) doesn’t check with the sensation and impact attributable to alcohol consumption or present or convey the impression, by behaviour or comportment, that the individuals depicted within the message are inebriated,

(xvi) doesn’t painting any individual with an alcoholic beverage in conditions by which the consumption of alcohol is prohibited, and

(xvii) doesn’t include scenes by which an alcoholic beverage is consumed or scenes that give the impression, visually or in sound, that it’s being or has been consumed.

Non-application

(2) For better certainty, paragraph (1)(b) doesn’t apply as a way to prohibit business, public service or model choice promoting.

Political Broadcasts

Obligation — allocation of broadcasting time

Definition of election interval

(2) In subsection (1), election interval means

(a) within the case of a federal or provincial election or a federal, provincial or municipal referendum, the interval that begins on the day on which the announcement of the election or referendum is made and that ends on the day on which the election or referendum is held; or

(b) within the case of a municipal election, the interval that begins two months earlier than the day on which the election is to be held and that ends on the day on which the election is held.

Non-Disclosure

Non-disclosure obligation — distribution of programming companies

(a) reproduces the CRTC non-disclosure provisions; and

(b) incorporates its consent to adjust to the CRTC non-disclosure provisions for the advantage of the licensee of the distribution endeavor.

Non-disclosure obligation — broadcasting of packages

(2) A licensee whose packages are broadcast by a licensed video-on-demand endeavor or that’s negotiating phrases of carriage with such an endeavor for its packages shall signal and supply to the licensee of the video-on-demand endeavor an settlement that

(a) reproduces the CRTC non-disclosure provisions; and

(b) incorporates its consent to adjust to the CRTC non-disclosure provisions for the advantage of the licensee of the video-on-demand endeavor.

Definition of CRTC non-disclosure provisions

(3) On this part, CRTC non-disclosure provisions means the non-disclosure provisions set out within the appendix to Broadcasting Regulatory Coverage CRTC 2013-578, dated October 31, 2013 and entitled Commonplace clauses for non-disclosure agreements.

Logs and Data

Obligations — log or file

(a) hold a program log or file of its programming in a kind that’s acceptable to the Fee;

(b) retain the log or file for a interval of 1 12 months after the day on which the programming was distributed;

(c) trigger the next info to be entered within the log or file every day:

(i) the date,

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

(iii) the time at which promoting materials that it broadcasts in a break inside a program or between packages begins, its period and, within the case of a business message, the title of the person who is promoting or selling items, companies, pure sources or actions,

(iv) in relation to every program apart from a music video clip,

(A) its title and any further info that’s to be included in accordance with the suitable subitem of Schedule 1,

(B) the important thing determine that describes this system,

(C) the time at which this system begins and ends,

(D) if relevant, the code set out in column 1 of Half A, C or D of Schedule 2 that signifies the language, kind or group of this system described in column 2,

(E) if relevant, the code set out in column 1 of Half B of Schedule 2 that signifies the accessibility of this system described in column 2, and

(F) whether it is required by a situation of the licence, a short description of the content material of this system,

(v) in relation to every music video clip,

(A) the title of the clip,

(B) the title of and language utilized by the performer,

(C) a sign as as to if the clip is a Canadian music video clip, as outlined in part V of Appendix I to Public Discover 2000-42, dated March 17, 2000, entitled Certification for Canadian Packages — A revised strategy,

(D) the important thing determine that describes the clip, and

(E) if relevant, the code set out in column 1 of Half B of Schedule 2 that signifies 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 every block begins and ends; and

(d) inside 30 days after the final day of every month, present to the Fee the log or file of its programming for the month and a certificates testifying to the accuracy of the contents of the log or file.

If multiple subitem applies

(2) For the needs of clauses (1)(c)(iv)(B) and (1)(c)(v)(D), if multiple subitem of Schedule 1 applies to this system, a licensee could, in respect of that program, trigger to be entered in its program log or file the important thing figures indicating the subitems that apply to every section of this system, within the order by which the segments are distributed, and the beginning time and period of every section of this system.

Obligation to maintain recording of programming

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

(a) for a interval of 4 weeks after the day on which the programming is distributed; or

(b) for a interval of eight weeks after the day on which the programming is distributed, if the Fee receives a criticism from an individual concerning any programming, or for another motive needs to research the programming, and notifies the licensee of the investigation earlier than the top of the four-week interval.

Obligation to offer recording to Fee

(4) If the Fee requests a transparent and intelligible audio-visual recording of a licensee’s programming from the licensee earlier than the top of the relevant interval referred to in paragraph (3)(a) or (b), the licensee shall, immediately, present the recording to the Fee.

Requests for Info

Obligation to file assertion of accounts

Obligation to reply to criticism or request

(2) On the Fee’s request, a licensee shall reply to

(a) a criticism or request for decision of a dispute filed by an individual or a request for info concerning the programming that’s originated by or is distributed by the licensee or concerning the licensee’s technical operations, subscribership, monetary affairs or possession; and

(b) a request for info concerning the licensee’s adherence to the circumstances of its licence, the Act, these Rules, business requirements, practices or codes or another self-regulatory mechanism of the business.

Switch of Possession or Management

Definitions

affiliate

affiliate, when used to point a relationship with an individual, consists of

(a) a associate of the individual;

(b) a belief or an property by which the individual has a considerable helpful curiosity or by which the individual serves as a trustee or in an analogous capability;

(c) the individual’s partner or common-law associate;

(d) a toddler of the individual or of their partner or common-law associate, together with a toddler adopted in truth by the individual, partner or common-law associate;

(e) the partner or common-law associate of the kid;

(f) a relative of the individual, or of the individual’s partner or common-law associate, if that relative has the identical residence because the individual;

(g) a company of which the individual alone has, or the individual along with a number of associates described on this definition have, immediately or not directly, management of fifty% or extra of the voting pursuits;

(h) a company of which an affiliate, as described on this definition, of the individual has, immediately or not directly, management of fifty% or extra of the voting pursuits; and

(i) an individual with which the individual has entered into an association, a contract, an understanding or an settlement in respect of the voting of shares of a licensee company or of a company that has, immediately or not directly, efficient management of a licensee company, besides when that individual controls lower than 1% of all issued voting shares of a company whose shares are publicly traded on a inventory trade. (lien)

common-law associate

common-law associate means a person who’s cohabiting with an individual in a marital relationship having completed so for a interval of a minimum of one 12 months. (conjoint de fait)

frequent shares

frequent shares means the shares that characterize the residual fairness within the earnings of a company, and consists of securities which can be convertible into such shares at any time on the possibility of the holder and the popular shares to that are connected rights to take part within the earnings of the company with no higher restrict. (actions ordinaires)

individual

individual consists of a person, partnership, three way partnership, affiliation, company, belief, property, trustee, executor or administrator, or a authorized consultant of any of them. (personne)

voting curiosity

voting curiosity, in respect of

(a) a company with share capital, means the vote connected to a voting share;

(b) a company with out share capital, means an curiosity that entitles the proprietor to voting rights much like these loved by the proprietor of a voting share;

(c) a partnership, belief, affiliation or three way partnership, means an possession curiosity in its property that entitles the proprietor to obtain a share of its earnings, to obtain a share of its property on dissolution and to take part immediately in its administration or to vote on the election of the individuals which can be to be entrusted with the facility and duty to handle it; and

(d) a not-for-profit partnership, belief, affiliation or three way partnership, means a proper that entitles the proprietor to take part immediately in its administration or to vote on the election of the individuals which can be to be entrusted with the facility and duty to handle it. (intérêt avec droit de vote)

voting share

voting share means a share within the capital of a company to which a number of votes are connected which can be exercisable at conferences of shareholders of the company, both underneath all circumstances or underneath a circumstance that has occurred and is constant, and features a safety that’s convertible into such a share at any time on the possibility of the holder. (motion avec droit de vote)

Management of voting curiosity

(2) For the needs of this part, management of a voting curiosity by an individual consists of conditions by which

(a) the individual is, immediately or not directly, the helpful proprietor of the voting curiosity; or

(b) the individual, by way of an association, contract, understanding or settlement, determines the way by which the curiosity is voted however the solicitation of proxies or the looking for of directions with respect to the completion of proxies in respect of the train of voting pursuits is just not thought of to be such an association, contract, understanding or settlement.

Efficient management of licensee

(3) For the needs of this part, efficient management of a licensee or its endeavor consists of conditions by which

(a) an individual controls a majority of the voting pursuits of the licensee immediately or not directly, apart from by the use of safety solely;

(b) an individual has the power to trigger the licensee or its board of administrators to take a plan of action; or

(c) the Fee, after a public listening to of an software for a licence or in respect of an present licence, determines that an individual has efficient management of the licensee or its endeavor and units that dedication out in a call or public discover.

Obligation to acquire Fee’s prior approval

(4) Besides as in any other case supplied underneath a situation of its licence, a licensee shall get hold of the Fee’s prior approval of any act, transaction or settlement that, immediately or not directly, would end in

Obligation to inform Fee

(5) A licensee shall notify the Fee, inside 30 days after the day on which the act or transaction happens or the settlement is entered into, of the prevalence of any act or transaction or the entry into any settlement that, immediately or not directly, leads to

Content material of notification

(6) The notification is to include the next info:

(a) the title of the individual and, if relevant, of the affiliate;

(b) the share of the voting pursuits managed by the individual or by the individual and the affiliate; and

(c) a whole description of the act, transaction or settlement or a duplicate of the transaction or settlement.

Undue Choice or Drawback

Prohibition — undue choice or drawback

Burden of proof

(2) In a continuing earlier than the Fee, the burden of building that any choice or drawback is just not undue is on the licensee that offers the choice or topics the individual to the drawback.

Tied Promoting

Prohibition

Availability of New Programming Providers for Distribution

Obligation — distribution of recent programming service

Dispute Decision

Referral of dispute to Fee

Mediation

(2) If the Fee accepts a referral of a matter for dispute decision, the events to the dispute shall take part in a mediation with an individual who’s appointed by the Fee.

Extra info

(3) In the course of the dispute decision course of, the one who is appointed could require further info from the events.

Procedural necessities, charges, phrases and circumstances

(4) If a licensed distribution endeavor or an exempt distribution endeavor distributes the licensee’s programming service within the absence of a business settlement and the matter proceeds earlier than the Fee for dispute decision,

(a) the dispute shall be resolved in accordance with the procedural necessities established by the Fee in Broadcasting and Telecom Info Bulletin CRTC 2019-184, dated Could 29, 2019 and entitled Practices and procedures for dispute decision; and

(b) the charges, phrases and circumstances established by the Fee apply as of the day on which the programming service was first made obtainable to the distributor within the absence of a business settlement.

Charges, phrases and circumstances — new programming service

(5) If the dispute pertains to the charges, phrases or circumstances that relate to a brand new programming service that’s being distributed within the absence of a business settlement and the matter proceeds earlier than the Fee for dispute decision, the events might be certain by the charges, phrases and circumstances established by the Fee throughout the contractual time period established by the Fee.

Charges, phrases and circumstances — settlement

(6) Regardless of subsections (4) and (5), the events could attain an settlement that units out charges, phrases or circumstances that differ from these established by the Fee.

Obligations Throughout Dispute

Obligation — charges, phrases and circumstances

Interval of dispute

(2) For the needs of subsection (1), a dispute begins when written discover of the dispute is supplied to the Fee and is served on the opposite endeavor that could be a occasion to the dispute and ends when an settlement settling the dispute is reached by the involved undertakings or, if no such settlement is reached, when the Fee renders a call regarding any unresolved matter.

Transmission of Programming Service

Obligations — transmission of programming service

(a) make sure the transmission of the programming service from its manufacturing amenities to every broadcasting distribution endeavor’s head finish situated inside the space for which the licensee is licensed or to a satellite tv for pc uplink centre situated inside that space; and

(b) bear the prices of the transmission.

Transitional Provisions

Repeal

Coming into Power