1. These Regulations may be cited as the Specialty Services Regulations, 1990.

2. In these Regulations,

“Act”

“Act” means the Broadcasting Act; (Loi)

“advertising material”

“advertising material” means any commercial message and programming that promotes a station, network or program, but does not include

• (a) a station or network identification,

• (b) the announcement of an upcoming program that is voiced over credits, or

• (c) a promotion for a Canadian program or a Canadian feature film, notwithstanding that a sponsor is identified in the title of the program or the film or is identified as a sponsor of that program or that film, where the identification is limited to the name of the sponsor only and does not include a description, representation or any attribute of the sponsor’s products or services; (matériel publicitaire)

“alcoholic beverage”

“alcoholic beverage”, in respect of a commercial message, means an alcoholic beverage the sale of which is regulated by the law of the province in which the licensee’s transmission of the commercial message originates; (boisson alcoolisée)

“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 that is intended to sell or promote goods, services, natural resources or activities, including an advertisement that mentions or displays in a list of prizes the name of the person selling or promoting the goods, services, natural resources or activities, and that is broadcast in a break within a program or between programs; (message publicitaire)

“election period”

“election period” means

• (a) in the case of a federal or provincial election or of a federal, provincial or municipal referendum, the period beginning on the day the announcement of the election or referendum is made and ending on the day the election or referendum is held, or

• (b) in the case of a municipal election, the period beginning two months before the day the election is to be held and ending on the day the election is held; (période électorale)

“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)

“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 specialty programming undertaking or a specialty services 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)

“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)

“program delivery agreement”

“program delivery agreement” means an agreement between a licensee and another person according to which the licensee will distribute programs provided by the other person at a time set out in the agreement; (accord de distribution d’émissions)

“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)