3. (1) Paragraphs (2)(e) and (f) do not apply in respect of a licensee of an ethnic pay television network.

(2) No licensee shall distribute programming

• (a) that contains anything in contravention of the law;

• (b) that contains any abusive comment or abusive pictorial representation that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability;

• (c) that contains any false or misleading news;

• (d) that contains any commercial message;

• (e) other than filler programming, except as otherwise provided in a condition of its licence, that is produced by the licensee after the date of publication in the Canada Gazette of the initial decision of the Commission granting a licence to the licensee; or

• (f) other than filler programming, except as otherwise provided in a condition of its licence, that is produced by a person related to the licensee after the later of

  • (i) the date of publication in the Canada Gazette of the initial decision of the Commission granting a licence to the licensee, and

  • (ii) the day on which the person became related to the licensee.

(3) For the purpose of paragraph (2)(b), sexual orientation does not include the orientation towards any sexual act or activity that would constitute an offence under the Criminal Code.

4. (1) Except as otherwise provided under a condition of its licence, a licensee shall

• (a) keep, in a form acceptable to the Commission, a program log or a machine-readable record of its programming;

• (b) retain the log or record for a period of one year after the day on which the programming was distributed; and

• (c) cause to be entered in the log or record each day the following information:

  • (i) the date,

  • (ii) an identification of the licensee or the service provided by the licensee, and

  • (iii) in relation to each program distributed,

    • (A) its title and any additional information that is to be included by the appropriate subitem of Schedule I,

    • (B) subject to subsection (3), the key figure describing the program,

    • (C) the time at which the program begins and ends,

    • (D) in the case of the licensee of an ethnic pay television network, the code set out in column I of an item of Part C or D of Schedule II indicating the type or group of the program, as applicable,

    • (E) where applicable, the code set out in column I of an item of Part B of Schedule II indicating that the program is closed captioned,

    • (F) where applicable, the code set out in column I of an item of Part A of Schedule II indicating the language of the program, and

    • (G) where required by a condition of licence, a brief description of the content of the program.

(2) Except as otherwise provided under a condition of its licence, a licensee shall furnish to the Commission, within 30 days after the end of each month, a program log or machine-readable record of its programming for the month, with a certificate by or on behalf of the licensee attesting to the accuracy of the contents of the log or record.

(3) Where more than one subitem of an item of Schedule I applies to a program, a licensee may, in respect of that program, cause to be entered in its program log or machine-readable record

• (a) the key figures indicating the subitems that apply to each segment of the program, in the order in which the segments are distributed; and

• (b) the starting time and duration of each segment of the program.

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

• (a) for a period of four weeks after the date of the distribution; or

• (b) where the Commission receives a complaint from any person regarding any programming or for any other reason wishes to investigate the programming and so notifies the licensee before the expiration of the period referred to in paragraph (a), for a period of eight weeks after the date of the distribution.

(5) Where, before the expiration of the applicable period referred to in subsection (4), the Commission requests from a licensee a clear and intelligible audio-visual recording of the licensee's programming, the licensee shall furnish the recording to the Commission forthwith.