Vol. 149, No. 10 — May 20, 2015
Registration
SOR/2015-91 April 28, 2015
BROADCASTING ACT
Regulations Amending Certain Regulations Made Under the Broadcasting Act
Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), a copy of the proposed Regulations Amending Certain Regulations Made Under the Broadcasting Act, substantially in the annexed form, was published in the Canada Gazette, Part I, on January 3, 2015, and a reasonable opportunity was given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act (see footnote b), makes the annexed Regulations Amending Certain Regulations Made Under the Broadcasting Act.
Gatineau, April 24, 2015
JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission
REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT
PAY TELEVISION REGULATIONS, 1990
1. Subsection 6.4(4) of the Pay Television Regulations, 1990 (see footnote 1) is replaced by the following:
(4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the programming service of the licensee in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the licensee shall submit to having the dispute resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2013-637, dated November 28, 2013, and the rates, terms and conditions established by the Commission will apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.
SPECIALTY SERVICES REGULATIONS, 1990
2. Subsection 10.4(4) of the Specialty Services Regulations, 1990 (see footnote 2) is replaced by the following:
(4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the programming service of the licensee in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the licensee shall submit to having the dispute resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2013-637, dated November 28, 2013, and the rates, terms and conditions established by the Commission will apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.
BROADCASTING DISTRIBUTION REGULATIONS
3. Subsection 12(9) of the Broadcasting Distribution Regulations (see footnote 3) is replaced by the following:
(9) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the licensee shall submit to having the dispute resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2013-637, dated November 28, 2013, and the rates, terms and conditions established by the Commission will apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.
COMING INTO FORCE
4. These Regulations come into force on the day on which they are registered.
EXPLANATORY NOTE
(This note is not part of the Regulations and the Rules.)
The proposed amendments update the incorporation by reference of the CRTC Information Bulletin entitled Practices and procedures for staff-assisted mediation, final offer arbitration, and expedited hearings. A newly-numbered Information Bulletin has been published, and has been updated to reflect
- determinations relating to dispute resolution set out in Broadcasting Regulatory Policy CRTC 2011-601, dated September 21, 2011, and entitled Regulatory framework relating to vertical integration;
- changes made to the CRTC Rules of Practice and Procedure as they relate to the filing of confidential information; and
- certain organizational changes within the Commission.
- Footnote a
S.C. 1991, c. 11 - Footnote b
S.C. 1991, c. 11 - Footnote 1
SOR/90-105 - Footnote 2
SOR/90-106 - Footnote 3
SOR/97-555