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Public Notice
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Ottawa, 9 May 1984
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Public Notice CRTC 1984-110
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Amendment to the Television Broad casting Regulations, Effective 1 October 1984
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For related documents: Public Notice CRTC 1983-18, 31 January 1983, "Policy Statement on Canadian Content in Television"; Public Notice CRTC 1983-51, 21 March 1983, "Definition of a Canadian Program"; Public Notice CRTC 1983-174, 15 August 1983, "Proposed Definition of a Canadian Program"; Public Notice CRTC
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On 8 May 1984, after a process of public consultation and on the recommendation of the Executive Committee, the Commission approved the following amendment to the Television Broadcasting Regulations, effective 1 October 1984:
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1. Subsection 2(1) of the Television Broadcasting Regulations is amended by adding thereto, immediately after the definition "calendar quarter", the following definition:
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""Canadian program" means a program that qualifies as a Canadian program in accordance with the criteria established by the Commission, in the appendix to a notice entitled "Recognition for Canadian Programs", dated 15 April, 1984 and published in the Canada Gazette Part I on April 28, 1984; (émission canadienne)".
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2. Subsection 6(2) of the said Regulations is revoked.
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3. The heading preceeding section 8 and section 81 of the said Regulations are revoked and the following substituted therefor:
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"Canadian Programs
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8.(1) Subject to subsection (2), during each 6 month period commencing October 1st and April 1st in each year, the total amount of time devoted by any station or network to the broadcasting of Canadian programs shall not,
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(a) during the hours in the broadcast days in that period, be less than 60 per cent of the total time devoted to the broadcasting of programs by that station or network during those hours; or
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(b) between the hours of six o'clock in the afternoon and midnight in that period
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(i) in the case of a station or network for which the Commission has issued a public licence, be less than 60 per cent of the total time devoted to the broadcasting of programs by that station or network during those hours; or
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1DORS/82-415, 1982 Canada Gazette Part II, p. 1564
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(ii) in the case of a station or network for which the Commission has issued a private licence, be less than 50 per cent of the total time devoted to the broadcasting of programs by that station or network during those hours.
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(2) Where, in the calculation of the time devoted by a station to Canadian programs that are broadcast during a broadcast day, in duities arise among station operators because their stations are located in different time zones, the Commission may vary the application of this section in order that stations receive equitable treatment in the calculation of their Canadian programs.
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(3) For the purposes of this section, "broadcast day" means the period of up to 18 consecutive hours commencing each day not earlier than six o'clock in the forenoon and ending not later than one o'clock in the forenoon of the following day, as selected by the licensee and approved by the Commission.
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(4) For the purposes of this section, the time devoted to the broadcasting of a program includes any time devoted to advertising material that is inserted
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(a) within the program;
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(b) in breaks within the program; or
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(c) between the end of the program and the beginning of the following program."
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4. Section 11 of the said Regulations is revoked and the following substituted therefor:
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"11.(1) Subject to subsections (2) to (5), no station or network operator shall, during any clock hour, broadcast programming containing advertising material the aggregate duration of which exceeds 12 minutes.
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(2) Between the hours of six o'clock in the forenoon and six o'clock in the afternoon, a station or network operator may, during any clock hour, broadcast two minutes of advertising material in addition to the 12 minutes referred to in subsection (1), if that additional material is made up entirely of advertisements for upcoming Canadian programs to be aired on its station or network.
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(3) Where a program is more than 1 hour in duration, the duration of the advertising material inserted in the program may exceed 12 minutes during any clock hour, or 14 minutes, during any clock hour where subsection (2) applies, if the number of minutes of advertising material during that part of the program that falls within another clock hour of the program is reduced by an amount equal to the amount by which the number of minutes of advertising material in the clock hour first referred to exceeds 12 or 14 minutes, as the case may be.
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(4) Where a program is 1 hour or less in duration, but occupies time in two adjacent clock hours, the duration of the advertising material in one of those clock hours may exceed 12 minutes, or 14 minutes, during any clock hour where subsection (2) applies, if the duration of the advertising material in the other clock hour is reduced by an amount equal to the amount by which the number of minutes of advertising material in the clock hour first referred to exceeds 12 or 14 minutes, as the case may be.
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(5) Where a station or network operator has broadcast 12 minutes of advertising material in a clock hour, or 14 minutes in a clock hour where subsection (2) applies, it may broadcast in the same clock hour an additional 30 seconds of unpaid public service announcements."
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EXPLANATORY NOTE
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(This note is not part of the Regulations, but is intended only for information purposes.)
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These amendments
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(a) define "Canadian program";
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(b) change the reporting period for the measurement of Canadian content from an annual to a semi-annual basis;
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(c) change the method of measuring Canadian content to a percentage of Canadian programs as opposed to a maximum percentage of non-Canadian programs;
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(d) permit broadcasters to select the start of their "broadcast day" for the purposes of section 8; and
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(e) allow broadcasters up to 2 minutes of additional time per hour in their broadcast schedules prior to 6:00 p.m. to advise viewers of upcoming Canadian programs.
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J.G. Patenaude Secretary General
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