Vol. 143, No. 23 — November 11, 2009

Registration

SOR/2009-294 October 23, 2009

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 July 4, 2009 and a reasonable opportunity was afforded 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), hereby makes the annexed Regulations Amending Certain Regulations Made Under the Broadcasting Act.

Gatineau, Quebec, October 22, 2009

ROBERT A. MORIN
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

1. The definition “Canadian program” in section 2 of the Television Broadcasting Regulations, 1987 (see footnote 1) is replaced by the following:

“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)

PAY TELEVISION REGULATIONS, 1990

2. The definitions “Canadian program” and “program” in subsection 2(1) of the Pay Television Regulations, 1990 (see footnote 2) are replaced by the following:

“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)

“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)

SPECIALTY SERVICES REGULATIONS, 1990

3. The definitions “Canadian program” and “program” in section 2 of the Specialty Services Regulations, 1990 (see footnote 3) are replaced by the following:

“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)

“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)

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.)

The amendments allow a program which is certified as Canadian by the Minister of Canadian Heritage, on the recommendation of the Canadian Audio-Visual Certification Office or Telefilm Canada, to be recognized as a Canadian program for the purposes of meeting the regulatory requirements. The amendments also replace the definition “program” in the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 to correct an inconsistency between the definition of that term in those Regulations and its definition in the Broadcasting Act.

Footnote a
S.C. 1991, c. 11

Footnote b
S.C. 1991, c. 11

Footnote 1
SOR/87-49

Footnote 2
SOR/90-105

Footnote 3
SOR/90-106

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).