1. These Regulations may be cited as the Pay Television Regulations, 1990.

• 2. (1) In these Regulations,

  “Act”

  “Act” means the Broadcasting Act; (Loi)

  “Canadian program”

  “Canadian program” means a program

  • (a) in respect of which a Canadian film or video production certificate referred to in section 125.4 of the Income Tax Act has been issued by the Minister of Canadian Heritage, or

  • (b) that qualifies as a Canadian program in accordance with the criteria established by the Commission in Appendices I and II to Public Notice CRTC 2000-42 dated March 17, 2000, entitled Certification for Canadian Programs — A Revised Approach and published in the Canada Gazette, Part I, on May 20, 2000; (émission canadienne)

  “commercial message”

  “commercial message” means an advertisement intended to sell or promote goods, services, natural resources or activities, and includes an advertisement that mentions or displays in a list of prizes the name of a person selling or promoting those goods, services, natural resources or activities, but does not include any

  • (a) public service announcement,

  • (b) advertisement for a program distributed by a licensee,

  • (c) identification of a pay television programming undertaking,

  • (d) production credit, or

  • (e) advertisement that

    • (i) is contained in the live feed of programming that is of the category set out in column I of subitem 6(6) of Schedule I and that is acquired by a licensee,

    • (ii) is broadcast during the same period, and originates in the same stadium, arena or other venue, as the event itself, and

    • (iii) is distributed by the licensee without compensation; (message publicitaire)

  “exempt distribution undertaking”

  “exempt distribution undertaking” means a distribution undertaking whose operator is, by order of the Commission made under subsection 9(4) of the Act, exempt from any or all of the requirements of Part II of the Act; (entreprise de distribution exemptée)

  “filler programming”

  “filler programming” means programming, in no case longer than 30 minutes in duration, the purpose of which is to fill in the time between the presentation of the major programs distributed by the licensee, and includes material that promotes the programs or services provided by the licensee; (matériel d'intermède)

  “key figure”

  “key figure” means a figure formed by a combination of alphanumeric characters set out in Column II of an item of Schedule I that corresponds to the description of the program set out in Column I of that item; (chiffre clé)

  “licensed”

  “licensed” means licensed by the Commission under paragraph 9(1)(b) of the Act; (autorisé)

  “licensee”

  “licensee” means a person who is licensed by the Commission pursuant to paragraph 9(1)(b) of the Act to carry on a pay television programming undertaking or a pay television network; (titulaire)

  “new programming service”

  “new programming service” means a programming service that has not been previously distributed in Canada and includes, but is not limited to, a high definition version or a new multiplex of an existing programming service. (nouveau service de programmation)

  “pay-per-view program”

  “pay-per-view program” means a scheduled program that is provided by a licensee for distribution by a distribution undertaking on a pay-per-view basis; (émission à la carte)

  “produced”

  “produced” does not include

  • (a) the furnishing, on a commercial basis, of facilities, or technical personnel associated with facilities, necessary for the production or post-production processing of a program, or

  • (b) editing or formatting or other similar measures necessary to enable proper and effective distribution of programming by a licensee; (produit)

  “production credit”

  “production credit” means an oral or written announcement, included as an integral part of a program supplied to a licensee, that is inserted by the producer at the beginning or end of the program and that

  • (a) where it appears at the beginning of the program, identifies a person who has contributed financially or in kind to the production of the program, without an indication of any product or service provided by that person, or

  • (b) where it appears at the end of the program, identifies a person who has contributed financially or in kind to the production of the program, with or without an indication of any product or service provided by that person; (mention de contribution à la production)

  “program”

  “program” means a broadcast presentation of sound and visual matter that is designed to inform or entertain and that falls into a category set out in item 6, column I, of Schedule I, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; (émission)

  “programming”

  “programming” means anything that is broadcast, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; (programmation)

  “related”

  “related”, in respect of a person, means an associate of the person within the meaning of subsection 6(1). (liée)

• (2) [Revoked, SOR/93-356, s. 1]