Broadcasting Distribution Regulations (SOR/97-555)
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Regulations are current to 2024-08-18 and last amended on 2022-09-16. Previous Versions
PART 4DTH Distribution Undertakings (continued)
Programming Services that May Be Distributed (continued)
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.
- SOR/2011-148, s. 8
- SOR/2018-28, s. 3(F)
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.
- SOR/2003-217, s. 27
- SOR/2011-148, s. 8
51 [Repealed, SOR/2015-240, s. 9]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.
- SOR/2003-217, s. 28
- SOR/2011-148, s. 8
- SOR/2012-165, s. 3
- SOR/2015-239, s. 24
- SOR/2017-160, s. 15
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.
- SOR/2003-217, s. 29
- SOR/2006-11, s. 6(F)
- SOR/2011-148, s. 8
- SOR/2017-160, s. 15
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.
- SOR/99-302, s. 1
- SOR/2003-217, s. 30
- SOR/2011-148, s. 8
- SOR/2012-165, s. 4
- SOR/2015-239, s. 25
- SOR/2017-160, s. 15
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.
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