Vol. 145, No. 16 — August 3, 2011

Registration

SOR/2011-147 July 14, 2011

BROADCASTING ACT

ARCHIVED — Regulations Amending Certain Regulations Made Under the Broadcasting Act

Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), a copy of the proposed Regulations Amending Certain Regulations Made Under the Broadcasting Act, substantially in the annexed form, was published in the Canada Gazette, Part I, on January 22, 2011 and a reasonable opportunity was given 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 Certain Regulations Made Under the Broadcasting Act.

Gatineau, Quebec, July 11, 2011

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

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

RADIO REGULATIONS, 1986

1. The Radio Regulations, 1986 (see footnote 1) are amended by adding the following after section 3.1:

3.2 For the purposes of paragraph 3(c), language is obscene if it has as a dominant characteristic the undue exploitation of sex or the combination of sexual content with one or more of the following subjects, namely, crime, horror, cruelty and violence.

2. Subsection 9(4) of the Regulations is replaced by the following:

(4) At the request of the Commission, a licensee shall respond to

  1. (a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and
  2. (b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

TELEVISION BROADCASTING REGULATIONS, 1987

3. Section 5 of the Television Broadcasting Regulations, 1987 (see footnote 2) is amended by adding the following after subsection (1.1):

(2) For the purposes of paragraph (1)(c), material is obscene if it has as a dominant characteristic the undue exploitation of sex or the combination of sexual content with one or more of the following subjects, namely, crime, horror, cruelty and violence.

4. Subsection 12(3) of the Regulations is replaced by the following:

(3) At the request of the Commission, a licensee shall respond to

  1. (a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding the programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and
  2. (b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

PAY TELEVISION REGULATIONS, 1990

5. Subsection 5(2) of the Pay Television Regulations, 1990 (see footnote 3) is replaced by the following:

(2) At the request of the Commission, a licensee shall respond to

  1. (a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding the programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and
  2. (b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

6. The portion of section 7 of the Regulations before paragraph (b) is replaced by the following:

7. During any dispute between a licensee and a person licensed to carry on a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming originated by the licensee or concerning any right or obligation under the Act, the licensee shall continue to provide the distribution undertaking with its programming services, on the same terms and conditions as it did before the dispute, if the services are required to be distributed:

  1. (a) under subparagraph 18(2)(a)(i) or (b)(i) or paragraph 18(2)(c) of the Broadcasting Distribution Regulations;

7. Paragraph 8(a) of the Regulations is replaced by the following:

  1. (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

SPECIALTY SERVICES REGULATIONS, 1990

8. The Specialty Services Regulations, 1990 (see footnote 4) are amended by adding the following after section 3.1:

3.2 For the purposes of paragraph 3(c), material is obscene if it has as a dominant characteristic the undue exploitation of sex or the combination of sexual content with one or more of the following subjects, namely, crime, horror, cruelty and violence.

9. Subsection 8(2) of the Regulations is replaced by the following:

(2) At the request of the Commission, a licensee shall respond to

  1. (a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding the programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and
  2. (b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

10. The portion of section 11 of the Regulations before paragraph (b) is replaced by the following:

11. During any dispute between a licensee and a person licensed to carry on a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming originated by the licensee or concerning any right or obligation under the Act, the licensee shall continue to provide the distribution undertaking with its programming services, on the same terms and conditions as it did before the dispute, if the services are required to be distributed

  1. (a) under subparagraph 18(2)(a)(i) or (b)(i) or paragraph 18(2)(c) of the Broadcasting Distribution Regulations;

11. Paragraph 12(a) of the Regulations is replaced by the following:

  1. (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

BROADCASTING INFORMATION REGULATIONS, 1993

12. Subsections 2(2) and (3) of the Broadcasting Information Regulations, 1993 (see footnote 5) are replaced by the following:

(2) At the request of the Commission, a licensee shall respond to

  1. (a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding the programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and
  2. (b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

(3) In this section, “subscriber” means

  1. (a) a household of one or more persons, whether occupying a single-unit dwelling or a unit in a multiple-unit dwelling, to which service is provided directly or indirectly by the holder of a licence, as defined in section 2 of the Broadcasting Act; or
  2. (b) the owner or operator of any hotel, hospital, nursing home or other commercial or institutional premises to which service is provided by the holder of a licence, as defined in section 2 of the Broadcasting Act.

COMING INTO FORCE

13. 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

Footnote 2
SOR/87-49

Footnote 3
SOR/90-105

Footnote 4
SOR/90-106

Footnote 5
SOR/93-420