- SHORT TITLE
- INTERPRETATION
- PROGRAMMING CONTENT
- POLITICAL BROADCASTS
- LOGS AND RECORDS
- REQUESTS FOR INFORMATION
- PROGRAM DELIVERY AGREEMENT
- TRANSFER OF OWNERSHIP OR CONTROL
- UNDUE PREFERENCE OR DISADVANTAGE
- OBLIGATION DURING DISPUTE
- TRANSMISSION OF PROGRAMMING SERVICE
- SCHEDULE I
- SCHEDULE II
Regulations Respecting Specialty Services Television Networks (SOR/90-106)
Enabling Statute: Broadcasting Act
Regulation current to February 26th, 2011
Attention: See coming into force provision and notes, where applicable.
Specialty Services Regulations, 1990
SOR/90-106
Registration January 31, 1990
BROADCASTING ACT
Specialty Services Regulations, 1990
Whereas, pursuant to subsection 6(2) of the Broadcasting Act, a copy of the proposed Regulations respecting specialty services television networks, substantially in the form annexed hereto, was published in the Canada Gazette Part I on June 17, 1989, and a reasonable opportunity was thereby afforded to licensees and other interested persons to make representations with respect thereto;
Therefore, the Canadian Radio-television and Telecommunications Commission, on the recommendation of the Executive Committee of the Commission, pursuant to subsection 6(1) of the Broadcasting Act, hereby makes the annexed Regulations respecting specialty services television networks.
Hull, Quebec, January 25, 1990
REGULATIONS RESPECTING SPECIALTY SERVICES TELEVISION NETWORKS
SHORT TITLE
1. These Regulations may be cited as the Specialty Services Regulations, 1990.
INTERPRETATION
2. In these Regulations,
“Act” means the Broadcasting Act; (Loi)
“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”, 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” 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” 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; (message publicitaire)
“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” 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” 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)
“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)
“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” 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” means anything that is broadcast, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text. (programmation)
SOR/94-223, s. 1; SOR/94-304, s. 1; SOR/2000-238, s. 1; SOR/2000-344, s. 3; SOR/2009-235, s. 4; SOR/2009-294, s. 3.
PROGRAMMING CONTENT
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.
SOR/91-589, s. 1.
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.
SOR/91-589, s. 2.
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