Vol. 145, No. 16 — August 3, 2011

Registration

SOR/2011-146 July 12, 2011

BROADCASTING ACT

ARCHIVED — Regulations Amending the Radio Regulations, 1986

Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), a copy of the proposed Regulations Amending the Radio Regulations, 1986, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 19, 2011 and a reasonable opportunity was thereby afforded to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act (see footnote b), hereby makes the annexed Regulations Amending the Radio Regulations, 1986.

Gatineau, Quebec, July 7, 2011

ROBERT A. MORIN
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING THE RADIO REGULATIONS, 1986

AMENDMENTS

1. (1) The definition “Type A community station” in section 2 of the Radio Regulations, 1986 (see footnote 1) is repealed.

(2) The definitions “content category” and “content subcategory” in section 2 of the Regulations are replaced by the following:

“content category” means a content category of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (catégorie de teneur)

“content subcategory” means a content subcategory of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (sous-catégorie de teneur)

2. (1) Subsection 2.2(3) of the Regulations is replaced by the following:

(3) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee shall devote, in a broadcast week,

  1. (a) if the licensee is licensed to operate a community station or campus station, at least 12% of its musical selections from content category 3 to Canadian selections broadcast in their entirety; or
    (b) if the licensee is licensed to operate a station other than a community station or campus station, at least 10% of its musical selections from content category 3 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

(2) Subsection 2.2(14) of the Regulations is repealed.

3. Subsection 7(4) of the Regulations is replaced by the following:

(4) Despite subsection (3), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a community station or campus station may devote

  1. (a) if it is broadcasting in a market where there is no ethnic station, up to 40% of a broadcast week to third language programs; or
    (b) if it is broadcasting in a market where there is at least one ethnic station, except as otherwise provided by a condition of its licence, up to 15% of a broadcast week to third language programs.

4. Subparagraph 9(3)(b)(iv) of the Regulations is replaced by the following:

  1. (iv) any content category 3 musical selection, and

5. Subsection 15(4) of the Regulations is replaced by the following:

(4) Except as otherwise provided under a condition of its licence, the licensee whose total revenues are $1,250,000 or less shall make at least 60% of the contribution referred to in subsection (2) to FACTOR or MUSICACTION. However, if the licensee is licensed to operate an ethnic station or spoken word station, the licensee may instead make that percentage of the contribution to any eligible initiative that supports the creation of ethnic programs or programming from content category 1, as the case may be.

(5) Except as otherwise provided under a condition of its license, a licensee whose total revenues are more than $1,250,000 shall make

  1. (a) at least 15% of the contribution referred to in subsection (2) to the Community Radio Fund of Canada; and
  2. (b) at least 45% of the contribution referred to in subsection (2) to FACTOR or MUSICACTION, however, if the licensee is licensed to operate an ethnic station or spoken word station, the licensee may instead make that percentage of the contribution to any eligible initiative that supports the creation of ethnic programs or programming from content category 1, as the case may be.

COMING INTO FORCE

6. These Regulations come into force on September 1, 2011.

Footnote a
S.C. 1991, c. 11

Footnote b
S.C. 1991, c. 11

Footnote 1
SOR/86-982