Vol. 151, No. 17 — August 23, 2017
Registration
SOR/2017-160 August 4, 2017
BROADCASTING ACT
Regulations Amending the Broadcasting Distribution Regulations and the Television Broadcasting Regulations, 1987
Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), a copy of the proposed Regulations Amending the Broadcasting Distribution Regulations and the Television Broadcasting Regulations, 1987, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 11, 2017 and a reasonable opportunity was given to licensees and 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 the Broadcasting Distribution Regulations and the Television Broadcasting Regulations, 1987.
Gatineau, August 3, 2017
Danielle May-Cuconato
Secretary General, Canadian Radio-television and Telecommunications Commission
Regulations Amending the Broadcasting Distribution Regulations and the Television Broadcasting Regulations, 1987
Broadcasting Distribution Regulations
1 (1) The definition Small Market Local Production Fund in section 1 of the Broadcasting Distribution Regulations (see footnote 1) is repealed.
(2) The definition contribution to local expression in section 1 of the Regulations is replaced by the following:
contribution to local expression means a contribution to
- (a) community programming for distribution on the licensee’s own community channel;
- (b) community programming for distribution on a community channel in another licensed area or an exempt area, that is operated by the licensee or by an affiliate; or
- (c) locally reflective news programming. (contribution à l’expression locale)
(3) The definition independent production fund in section 1 of the Regulations is replaced by the following:
independent production fund means a production fund, other than the Canadian production fund, that meets the criteria set out in the Appendix to Broadcasting Regulatory Policy CRTC 2016-343 entitled Policy Framework for Certified Independent Production Funds. (fonds de production indépendant)
(4) The definition contrat d’affiliation in section 1 of the French version of the Regulations is replaced by the following:
contrat d’affiliation contrat conclu entre une ou plusieurs stations de télévision et une autre station de télévision, aux termes duquel des émissions fournies par cette dernière sont diffusées par une ou plusieurs de ces stations de télévision à une période fixée d’avance. (affiliation agreement)
(5) Section 1 of the Regulations is amended by adding the following in alphabetical order:
allowable contribution to local expression means
- (a) in the case of a licensed area the majority of the population of which resides in a metropolitan market, any contribution to local expression; and
- (b) in the case of a licensed area the majority of the population of which does not reside in a metropolitan market, the sum of
- (i) any contributions to local expression that are directed to community programming for distribution on the licensee’s own community channel, and
- (ii) any other contributions to local expression up to the amount of the contribution referred to in subparagraph (i). (contribution à l’expression locale admissible)
contribution to community programming means a contribution made by a licensee toward the creation and distribution of community programming. (contribution à la programmation communautaire)
contribution to locally reflective news programming means a contribution that is made by a licensee to a television station that is designated by the Commission to receive contributions from broadcasting distribution undertakings for the creation of locally reflective news programming. (contribution aux émissions de nouvelles reflétant la réalité locale)
Independent Local News Fund means the fund referred to in Appendix 1 to Broadcasting Regulatory Policy CRTC 2016-224 entitled Policy framework for local and community television. (fonds pour les nouvelles locales indépendantes)
locally reflective news programming means programming from category 1 or 2(a) set out in item 6, column 1, of Schedule I to the Television Broadcasting Regulations, 1987
- (a) the subject matter of which relates specifically to the market that a television station is licensed to serve;
- (b) that portrays an onscreen image of that market; and
- (c) that is produced by the station’s staff or by an independent producer specifically for the station. (émissions de nouvelles reflétant la réalité locale)
metropolitan market means the census metropolitan area — within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 2016 — of Calgary, Edmonton, Montreal, Toronto or Vancouver. (marché métropolitain)
2 Section 15.2 of the French version of the Regulations is replaced by the following:
15.2 Lorsqu’un titulaire fournit un service de programmation canadien, pour lequel il est tenu de payer un tarif de gros, à un seul abonné dans au moins deux logements ou locaux distincts qui appartiennent au même abonné ou sont occupés par lui, le titulaire est tenu de payer le tarif de gros à l’entreprise de programmation canadienne pour chaque logement ou local.
3 Subsection 17(4) of the Regulations is replaced by the following:
(4) If the programming services of two or more television stations rank equally in the order of priority set out in subsection (1), a licensee shall, unless the operators of the stations agree otherwise in writing, give priority to the programming services of those stations that have studios that are located in the province in which the licensed area is located or in the National Capital Region, as described in the schedule to the National Capital Act, in the order of the proximity of their main studios to the local head end of the licensed area.
4 Paragraph 17.3(1)(b) of the Regulations is replaced by the following:
- (b) the programming service of at least one Canadian programming undertaking that is in addition to those distributed under paragraph (a).
5 Subparagraph 20(1)(e)(i) of the Regulations is replaced by the following:
- (i) a religious programming service, and
6 Paragraph 26(1)(a) of the Regulations is repealed.
7 (1) Subsection 31(1) of the Regulations is replaced by the following:
31 (1) Except as otherwise provided under a condition of its licence, a licensee shall devote at least 60% of the programming distributed on the community channel in the licensed area in each broadcast week to the distribution of local community television programming.
(2) Paragraphs 31(2)(a) and (b) of the Regulations are replaced by the following:
- (a) shall devote at least 50% of the programming distributed on the community channel in each broadcast week to community access television programming;
8 (1) The portion of subsection 32(1) of the Regulations before paragraph (a) is replaced by the following:
32 (1) In this section, direct programming expense means an expenditure for the production or acquisition of programming, including
(2) Subsections 32(2) and (3) of the Regulations are replaced by the following:
(2) Except as otherwise provided under a condition of its licence, a licensee shall direct at least 50% of its direct programming expenses in a broadcast year to community access television programming.
(3) Except in the final year of the term of its licence, a licensee may defer up to 5% of the amount of direct programming expenses required to be directed in a given broadcast year under subsection (2) to the following broadcast year.
(4) Except as otherwise provided under a condition of its licence, the licensee shall direct to direct programming expenses for its community channel at least the following percentages of any contributions to community programming that are allowable contributions to local expression made by either the licensee or an affiliate:
- (a) 60%, for the broadcast year beginning on September 1, 2017 and ending on August 31, 2018;
- (b) 65%, for the broadcast year beginning on September 1, 2018 and ending on August 31, 2019;
- (c) 70%, for the broadcast year beginning on September 1, 2019 and ending on August 31, 2020; and
- (d) 75%, for each successive broadcast year beginning on September 1, 2020.
9 (1) Paragraph 33(1)(a) of the Regulations is replaced by the following:
- (a) keep, in a form acceptable to the Commission, a program log or record of the programs that are distributed on the community channel in each licensed area and retain it for a period of one year after distribution of the programs; and
(2) The portion of paragraph 33(1)(b) of the English version of the Regulations before subparagraph (i) is replaced by the following:
- (b) enter into the program log or record each day the following information for each program:
(3) Subparagraphs 33(1)(b)(v) and (vi) of the Regulations are replaced by the following:
- (v) a statement that indicates whether the program constitutes community access television programming and, if so,
- (A) the party that has been provided with access and whether that party is a community television corporation, and
- (B) the name of the individual requesting access, their role in the origination and production of the program and their relationship, if any, with the licensee,
- (vi) the time of commencement of an announcement or commercial message referred to in paragraphs 30(1)(b) and (g), respectively, its duration and, in the case of a commercial message, the name of the person selling or promoting goods, services or activities,
- (vii) a statement that indicates whether the program was broadcast with closed captioning, audio description or described video,
- (viii) a statement that indicates whether the program is an original first-run program, a previously broadcast program or a repeat program, and
- (ix) the language of the program.
(4) Subsection 33(3) of the Regulations is replaced by the following:
(3) If, before the end of the relevant period referred to in paragraph (1)(a) or subsection (2), the Commission requests from a licensee a program log, a record or a clear and intelligible audiovisual recording, the licensee shall, without delay, furnish the log, record or recording to the Commission.
(4) The following definitions apply in this section.
original first-run program means a program that is broadcast for the first time on the community channel and that has not already been broadcast on another community channel. (émission originale en première diffusion )
previously broadcast program means a program that is broadcast for the first time on the community channel and that has already been broadcast on another community channel. (émission déjà diffusée)
repeat program means a program that has already been broadcast on the community channel. (émission rediffusée)
10 Subsections 34(2) to (7) of the Regulations are replaced by the following:
(2) Except as otherwise provided under a condition of its licence or subsection (3), 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 allowable contribution to local expression made by the licensee in the current broadcast year to a maximum of an amount equal to 1.5% of its gross revenues derived from broadcasting activities in the previous broadcast year.
(3) Except as otherwise provided under a condition of its licence, if a licensee does not make an allowable contribution to local expression in the current broadcast year and a community programming undertaking is licensed in the licensed area, a licensee shall, for each broadcast year, contribute
- (a) an amount equal to 3.2% of its gross revenues derived from broadcasting activities in the previous broadcast year to Canadian programming; and
- (b) an amount equal to 1.5% of its gross revenues derived from broadcasting activities in the previous broadcast year to the community programming undertaking.
11 Section 36 of the Regulations is replaced by the following:
35 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.
36 (1) Each contribution that is required under section 34 or 35 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.
12 Section 37 of the Regulations is repealed.
13 Section 39 of the Regulations is replaced by the following:
39 Except as otherwise provided under a condition of licence, this Part and sections 19, 23 to 26, 28 and 30 to 36 apply to terrestrial distribution undertakings that elect to distribute programming services on an analog basis.
14 Section 44 of the French version of the Regulations is replaced by the following:
44 Il est interdit au titulaire de cesser la distribution par voie analogique d’un service de programmation à moins qu’il n’ envoie, au moins soixante jours avant la date prévue de cessation, un avis écrit précisant la date en question à l’exploitant de l’entreprise de programmation dont le service de programmation fait l’objet de la cessation.
15 Sections 52 to 54 of the Regulations are replaced by the following:
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.
16 Item 1 of the schedule to the Regulations is replaced by the following:
| Item |
Group |
|---|---|
1 |
Corus Entertainment Inc. |
Television Broadcasting Regulations, 1987
17 (1) The definition Canadian program in section 2 of the Television Broadcasting Regulations, 1987 (see footnote 2) is replaced by the following:
Canadian program means a program
- (a) in respect of which a Canadian film or video production certificate, as defined in subsection 125.4(1) of the Income Tax Act, has been issued; or
- (b) that qualifies as a Canadian program in accordance with the criteria established by the Commission in
- (i) Appendix II to Public Notice CRTC 2000-42 entitled Certification for Canadian Programs — A revised approach,
- (ii) the Appendix to Broadcasting Regulatory Policy CRTC 2010-905 entitled Revision of the definition of a Canadian program to include Canadian programs that have been dubbed in Canada and outside Canada, or
- (iii) paragraphs 128 to 130 of Broadcasting Regulatory Policy CRTC 2015-86 entitled Let’s Talk TV: The way forward – Creating compelling and diverse Canadian programming. (émission canadienne)
(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:
locally relevant means of interest to the community or market served. (pertinence locale)
18 Subsection 4(6) of the Regulations is repealed.
19 Subparagraph 10(1)(c)(v) of the Regulations is amended by deleting “and’ at the end of clause (D), and by replacing clause (E) with the following:
- (E) where applicable, the code set out in Schedule II indicating an accessible program, and
- (F) where applicable, the code set out in Schedule II indicating programming that is locally relevant.
20 Schedules I and II to the Regulations are replaced by the Schedules I and II set out in the schedule to these Regulations.
Coming into Force
21 (1) These Regulations, except section 20, come into force on September 1, 2017.
(2) Section 20 comes into force on September 1, 2018.
SCHEDULE
(Section 20)
SCHEDULE I
(Sections 2 and 10)
Key Figures
| Item |
Column 1 |
Column 2 |
||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1st |
2nd |
3rd |
4th |
5th |
6th |
7th |
8th |
|||
1 |
Origin |
|||||||||
Canada (other than Quebec) |
1 |
|||||||||
United States |
2 |
|||||||||
Other |
7 |
|||||||||
Quebec |
8 |
|||||||||
2 |
Time credits |
|||||||||
A program for which 150% credit is given under a condition of licence |
4 |
|||||||||
A program for which 150% credit is not given under a condition of licence |
5 |
|||||||||
3 |
Exhibition |
|||||||||
Original exhibition of a program that has been broadcast or distributed by another licensed broadcasting undertaking |
1 |
|||||||||
Original first-run program (original exhibition of a program that has not been broadcast or distributed by another licensed broadcasting undertaking) |
2 |
|||||||||
Repeat exhibition of a program |
3 |
|||||||||
Live broadcast |
4 |
|||||||||
4 |
Production source |
|||||||||
TV station (licensee) |
1 |
|||||||||
Related production company |
2 |
|||||||||
Other TV station or programming service |
3 |
|||||||||
Television network (include network identifier) |
4 |
|||||||||
Canadian independent producer (include Commission "C" number or the number assigned by the Department of Canadian Heritage) |
5 |
|||||||||
Co-venture (include Commission "S.R." number) |
6 |
|||||||||
Canadian programs from any government and productions of the National Film Board (include the source) |
7 |
|||||||||
Programs from any source that are not accredited as Canadian programs (include the pertinent dubbing credit and Commission "D" or "C" number if applicable) |
8 |
|||||||||
Treaty co-production |
9 |
|||||||||
5 |
Target audience |
|||||||||
Preschool children (0-5 years) |
1 |
|||||||||
Children (6-12 years) |
2 |
|||||||||
Teenagers (13-17 years) |
3 |
|||||||||
Adults (18 years and over) |
4 |
|||||||||
6 |
Categories |
|||||||||
Information: |
||||||||||
(1) |
News |
0 |
1 |
0 |
||||||
(2) |
(a) Analysis and interpretation |
0 |
2 |
A |
||||||
(b) Long-form documentary |
0 |
2 |
B |
|||||||
(3) |
Reporting and actualities |
0 |
3 |
0 |
||||||
(4) |
Religion |
0 |
4 |
0 |
||||||
(5) |
(a) Formal education and preschool |
0 |
5 |
A |
||||||
(b) Informal education/Recreation and leisure |
0 |
5 |
B |
|||||||
Sports: |
||||||||||
(6) |
(a) Professional sports |
0 |
6 |
A |
||||||
(b) Amateur sports |
0 |
6 |
B |
|||||||
Music and entertainment: |
||||||||||
(7) |
Drama and comedy (include the appropriate Commission drama credit if applicable) |
|||||||||
(a) Ongoing dramatic series |
0 |
7 |
A |
|||||||
(b) Ongoing comedy series (sitcoms) |
0 |
7 |
B |
|||||||
(c) Specials, mini-series or made-for-TV feature films |
0 |
7 |
C |
|||||||
(d) Theatrical feature films aired on TV |
0 |
7 |
D |
|||||||
(e) Animated television programs and films |
0 |
7 |
E |
|||||||
(f) Programs of comedy sketches, improvisation, unscripted works, stand-up comedy |
0 |
7 |
F |
|||||||
(g) Other drama |
0 |
7 |
G |
|||||||
(8) |
(a) Music and dance other than music video programs or clips |
0 |
8 |
A |
||||||
(b) Music video clips |
0 |
8 |
B |
|||||||
(c) Music video programs |
0 |
8 |
C |
|||||||
(9) |
Variety |
0 |
9 |
0 |
||||||
(10) |
Game shows |
1 |
0 |
0 |
||||||
(11) |
(a) General entertainment and human interest |
1 |
1 |
A |
||||||
(b) Reality television |
1 |
1 |
B |
|||||||
Other: |
||||||||||
(12) |
Interstitials |
1 |
2 |
0 |
||||||
(13) |
Public service announcements |
1 |
3 |
0 |
||||||
(14) |
Infomercials, promotional and corporate videos |
1 |
4 |
0 |
||||||
SCHEDULE II
(Sections 2 and 10)
Codes
PART 1
Code Indicating Program Language
| Item |
Column 1 |
Column 2 |
|---|---|---|
1 |
[Abbreviated name of language] |
Language of the original production |
2 |
[Abbreviated name of language] |
Language of the program (for all programs of an ethnic station or for programs of a station if the language of the programs differs from the official language for which the station is principally licensed) |
PART 2
Code Indicating Accessible Program
| Item |
Column 1 |
Column 2 |
|---|---|---|
1 |
CC [to be inserted following key figure] |
Program contains closed captioning for viewers who are deaf or hard of hearing, which has been exhibited during the complete length of the program |
2 |
DV [to be inserted following key figure] |
Program contains described video for viewers who are blind or have visual impairments, which has been exhibited during the complete length of the program |
3 |
AD [to be inserted following key figure] |
Program contains audio description for viewers who are blind or have visual impairments |
4 |
CD [to be inserted following key figure] |
Program contains both closed captioning and described video, which have been exhibited during the complete length of the program |
5 |
CA [to be inserted following key figure] |
Program contains both closed captioning, which has been exhibited during the complete length of the program and audio description |
PART 3
Code Indicating Type
| Item |
Column 1 |
Column 2 |
|---|---|---|
1 |
Type A |
A program in a language other than English, French or a language of the Indigenous peoples of Canada |
2 |
Type B |
A program in English or in French that is directed toward a distinct ethnic group whose mother tongue is English or French or in whose country of origin a common language is English or French |
3 |
Type C |
A program in English or in French that is directed toward a distinct ethnic group whose mother tongue is included in Type A |
4 |
Type D |
A bilingual program in English or in French as well as in a language other than English, French or a language of the Indigenous peoples of Canada that is directed toward a distinct ethnic group |
5 |
Type E |
A program in English or in French that is directed toward ethnic groups or toward the general public and that depicts Canada’s cultural diversity through services that are multicultural, educational, informational or inter-cultural |
6 |
Type X |
If the licensee is not required by a condition of licence to broadcast prescribed levels of Type A, B, C, D or E programming, an ethnic program |
PART 4
Code Indicating Group
| Item |
Column 1 |
Column 2 |
|---|---|---|
1 |
[Abbreviated name of ethnic group] |
The distinct ethnic group toward which an ethnic program is directed |
PART 5
Code Indicating Local Programming
| Item |
Column 1 |
Column 2 |
|---|---|---|
1 |
RL |
Programming that is locally relevant |
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These amendments to the Broadcasting Distribution Regulations and the Television Broadcasting Regulations, 1987 implement the policy determinations of the Canadian Radio-television and Telecommunications Commission (the Commission) arising from the local and community policy as set out in the Broadcasting Regulatory Policy CRTC 2016-224. These include the Commission’s policy determinations to provide terrestrial broadcasting distribution undertakings (BDUs) with greater flexibility in making their contributions to local expression and direct-to-home (DTH) BDUs with the ability to claim an allowable contribution for locally reflective news programming, to provide financial support to over-the-air television stations, and regarding the operation of community channels.
The amendments also streamline the logging requirements for over-the-air television stations, eliminate the daily Canadian content requirement for over-the-air television stations, as set out in the Broadcasting Regulatory Policy CRTC 2015-86, update language and references for consistency, and address anomalies identified through correspondence with the Standing Joint Committee for the Scrutiny of Regulations.
- Footnote a
S.C. 1991, c. 11 - Footnote b
S.C. 1991, c. 11 - Footnote 1
SOR/97-555 - Footnote 2
SOR/87-49