Broadcasting Distribution Regulations (SOR/97-555)

46.1 Except as otherwise provided under a condition of its licence, a licensee shall not charge a customer more than $25 per month for the distribution of its basic service.

First-tier Offering

46.2 Except as otherwise provided under a condition of its licence, a licensee may offer its first-tier offering to its subscribers and prospective subscribers.

• 46.3 (1) Except as otherwise provided under a condition of its licence, if a licensee offers a first-tier offering it shall distribute the following services as part of that offering:

  • (a) the programming services that are required to be distributed under subsections 46(2) to (7); and

  • (b) the programming service of at least one Canadian programming service that is in addition to those distributed under paragraph (a).

• (2) Except as otherwise provided under a condition of its licence, a licensee may, in addition to the programming services required under subsection (1), distribute as part of the first-tier offering in the licensed area any non-Canadian programming service that may be distributed under subsection 46(8).

Access for Specialty, Pay Television and DTH Pay-per-view Services

• 47 (1) In this section, general interest DTH pay-per-view service means a DTH pay-per-view service whose programming is selected — unrestricted by any condition of licence — from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990.

• (2) Except as otherwise provided under a condition of its licence, a licensee shall distribute

  • (a) each Category A service;

  • (a.1) to each subscriber whose residence or other premises is located in an anglophone market and to the extent that such a programming service is available, at least one French-language discretionary service — other than a programming service that the licensee is required to distribute under paragraph 9(1)(h) of the Act — for every 10 English-language programming services that it distributes to the subscriber;

  • (b) at least one English-language general interest DTH pay-per-view service; and

  • (c) at least one French-language general interest DTH pay-per-view service.

• (3) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under subsection (2) by distributing either the standard definition service or high definition service of a programming service.

Programming Services that May Be Distributed

• 48 (1) Except as otherwise provided in section 49 or under a condition of its licence, a licensee may distribute the following programming services:

  • (a) the programming service of any licensed programming undertaking, excluding a television pay-per-view service;

  • (b) any authorized non-Canadian programming service — including, subject to section 50, a 4 + 1 package of programming services;

  • (c) subject to section 29, the programming service of any exempt programming undertaking;

  • (d) any programming service that promotes a programming service distributed by the licensee and that meets the criteria set out in paragraph 27 of Broadcasting Public Notice CRTC 2007-74, dated July 5, 2007 and entitled Previews and promotional channels; and

  • (e) any programming service — including, subject to section 50, a further 4 + 1 package of programming services — that is authorized under a condition of its licence.

• (2) A licensee that distributes a programming service under subsection (1) may also distribute the high definition version of that programming service.

• 49 (1) Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall obtain the consent of the operator of a distant television station to distribute its signal before the licensee makes the signal available to its subscribers.

• (2) The licensee is not obliged to obtain the consent of the operator of the distant television station if

  • (a) the signal must be distributed as part of the licensee’s basic service

    • (i) because the Commission has required it under paragraph 9(1)(h) of the Act, or

    • (ii) because it is required under section 46; or

  • (b) the signal originates in the Atlantic provinces and is distributed under section 46 by the licensee to a subscriber whose residence or other premises are located in the Atlantic provinces.

50 Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall not distribute a 4 + 1 package of programming services that originate outside the time zone in which the subscriber’s residence or other premises are located unless the licensee also offers to the subscriber the programming services of at least one television station from each English major ownership group that originate in the same time zone.

51 [Repealed, SOR/2015-240, s. 9]

Contribution to Canadian Programming

• 52 (1) Except as otherwise provided under a condition of its licence, a licensee shall, for each broadcast year, contribute to Canadian programming an amount equal to 4.7% of its gross revenues derived from broadcasting activities in the previous broadcast year less any contribution to locally reflective news programming made in the current broadcast year to a maximum of an amount equal to 0.6% of gross revenues derived from broadcasting activities in the previous broadcast year.

• (2) The licensee shall make the contribution as follows:

  • (a) not more than an amount equal to 0.5% of its gross revenues derived from broadcasting activities in the previous broadcast year is to be contributed to any number of independent production funds; and

  • (b) the remainder of the total required contribution is to be made to the Canadian production fund.

53 Except as otherwise provided under a condition of its licence, a licensee shall, for each broadcast year, contribute an amount equal to 0.3% of its gross revenues derived from broadcasting activities in the previous broadcast year to the Independent Local News Fund.

• 54 (1) Each contribution that is required under section 52 or 53 shall be made separately by the licensee in 12 equal monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month.

• (2) The licensee may estimate the required monthly contribution for September, October and November.

• (3) If a monthly contribution for September, October or November of a broadcast year is based on an estimate that is greater than the amount required, the licensee may deduct the excess from the amount of the contribution that is required for December of that broadcast year; however, if the contribution made by the licensee is less than the amount required, the licensee shall contribute the balance by December 31 of that broadcast year.

PART 5[Repealed, SOR/2011-148, s. 8]

55 [Repealed, SOR/2011-148, s. 8]

56 [Repealed, SOR/2011-148, s. 8]

PART 6Repeal and Coming into Force

Repeal

57 [Repeal]

Coming into Force

58 These Regulations come into force on January 1, 1998.