3. No licensee shall distribute programming that contains

• (a) anything in contravention of the law;

• (b) 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) any obscene or profane language or obscene or profane pictorial representation; or

• (d) any false or misleading news.

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

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.

• 4. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

  • (a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

  • (b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

  • (c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.

• (2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.

5. [Repealed, SOR/2009-235, s. 5]

6. Where a licensee provides time on its service during an election period for the distribution of programs, advertisements or announcements of a partisan political character, the licensee shall allocate the time on an equitable basis to all accredited political parties and rival candidates represented in the election or referendum.

• 7. (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,

    • (iii) the time at which advertising material begins, the duration of the advertising material and, in the case of a commercial message, the name of the person selling or promoting goods, services, natural resources or activities,

    • (iv) in relation to each program other than a music video clip

      • (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) where applicable, the code set out in Column I of an item of Part A, C or D of Schedule II indicating the language, type or group of the program,

      • (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, and

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

    • (v) in relation to each music video clip

      • (A) the title of the clip,

      • (B) the name of and language used by the performer,

      • (C) an indication as to whether the clip is Canadian,

      • (D) the key figure describing the clip, and

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

    • (vi) where the licensee distributes its programming in a multi-hour block, the time at which each block begins and ends.

• (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.