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ARCHIVED -  Public Notice CRTC 1997-99

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Public Notice

Ottawa, 23 July 1997
Public Notice CRTC 1997-99
Regulations amending provisions of certain regulations regarding the pre-clearance of commercial messages by the Minister of Health
1. In Public Notice CRTC 1997-23 dated 6 March 1997, the Commission called for comments on its proposal to repeal provisions of its broadcast regulations regarding the pre-clearance of certain commercial messages by the Minister of Health. The proposed regulations would have abolished pre-clearance requirements in respect of commercial messages for drugs or devices as well as those containing recommendations for the treatment of a disease.
2. In response to Public Notice CRTC 1997-23, the Commission received three comments. Those by the Canadian Association of Broadcasters and the Nonprescription Drug Manufacturers Association of Canada were in support of the proposed amendments. The third comment by Health Canada requested that the Commission retain the pre-clearance requirement with respect to medical devices.
3. Having considered the comments received, pursuant to subsection 10 (3) of the Broadcasting Act, the Commission has made regulations amending provisions of its broadcasting regulations regarding the pre-clearance of commercial messages by the Minister of Health. These regulations (a copy of which is attached to this notice) were registered with the Clerk of the Privy Council on 17 June 1997 and were published in the Canada Gazette, Part II, on 9 July 1997.
4. Pre-clearance requirements by the Minister of Health are abolished with the exception of the requirement for pre-clearance of a commercial message for, or an endorsement of, a device to which the Food and Drugs Act applies. This pre-clearance requirement will remain in place until 1 January 1999.
Laura M. Talbot-Allan
Secretary General
This document is available in alternative format upon request.
JUS-97-374-01
(SOR/DORS)
Whereas, pursuant to subsection 10(3) of the Broadcasting Acta, a copy of the proposed Regulations Amending Provisions of Certain Regulations Regarding the Pre-clearance of Commercial Messages by the Minister of Health, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 15, 1997, and a reasonable opportunity was thereby given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect thereto;
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Acta, hereby makes the annexed Regulations Amending Provisions of Certain Regulations Regarding the Pre-clearance of Commercial Messages by the Minister of Health.
Hull, Quebec, June 13,1997
JUS-97-374-01
(SOR/DORS)
REGULATIONS AMENDING PROVISIONS OF CERTAIN REGULATIONS REGARDING THE PRE-CLEARANCE OF COMMERCIAL MESSAGES BY THE MINISTER OF HEALTH
RADIO REGULATIONS, 1986
1. Section 51 of the Radio Regulations, 19862 is replaced by the following:
5. (1) Before January 1, 1999, a licensee shall not broadcast a commercial message for, or an endorsement of, a device to which the Food and Drugs Act applies unless
(a) the script of the commercial message or endorsement has been approved by the Minister of Health to indicate, to the extent that it is possible to do so on the basis of a script, that a commercial message or an endorsement conforming to the approved script would comply with the applicable provisions, administered by that Minister, of the Food and Drugs Act, the Controlled Drugs and Substances Act and regulations made pursuant to those Acts or to the Department of Health Act; and
(b) the script bears the script number assigned to it by that Minister.
(2) Before January 1, 1999, when a licensee broadcasts a commercial message or an endorsement referred to in subsection (1), the licensee shall keep a record of the script for a period of one year after the date of the broadcast, which record shall contain
(a) the name of the device to which the script relates;
(b) the name of the sponsor or advertising agency that submitted the script for approval; and
(c) the script number referred to in paragraph (1)(b).
(3) A licensee shall provide the record required by subsection (2) to the Commission or to an inspector designated pursuant to the Food and Drugs Act, acting on behalf of the Commission, where the Commission or the inspector so requests for the purpose of audit or examination.
(4) The approval of the script of a commercial message or an endorsement referred to in subsection (1) does not indicate that the commercial message or endorsement complies with the applicable legislation.
TELEVISION BROADCASTING REGULATIONS, 1987
2. Section 75 of the Television Broadcasting Regulations, 19876 is replaced by the following:
7. (1) Before January 1, 1999, a licensee shall not broadcast a commercial message for, or an endorsement of, a device to which the Food and Drugs Act applies unless
(a) the script of the commercial message or endorsement has been approved by the Minister of Health to indicate, to the extent that it is possible to do so on the basis of a script, that a commercial message or an endorsement conforming to the approved script would comply with the applicable provisions, administered by that Minister, of the Food and Drugs Act, the Controlled Drugs and Substances Act and regulations made pursuant to those Acts or to the Department of Health Act; and
(b) the script bears the script number assigned to it by that Minister.
(2) Before January 1, 1999, when a licensee broadcasts a commercial message or an endorsement referred to in subsection (1), the licensee shall keep a record of the script for a period of one year after the date of the broadcast, which record shall contain
(a) the name of the device to which the script relates;
(b) the name of the sponsor or advertising agency that submitted the script for approval; and
(c) the script number referred to in paragraph (1)(b).
(3) A licensee shall provide the record required by subsection (2) to the Commission or to an inspector designated pursuant to the Food and Drugs Act, acting on behalf of the Commission, where the Commission or the inspector so requests for the purpose of audit or examination.
(4) The approval of the script of a commercial message or an endorsement referred to in subsection (1) does not indicate that the commercial message or endorsement complies with the applicable legislation.
SPECIALTY SERVICES REGULATIONS, 1990
3. Section 59 of the Specialty Services Regulations, 199010 is replaced by the following:
5. (1) Before January 1, 1999, no licensee shall distribute a commercial message for, or an endorsement of, a device to which the Food and Drugs Act applies unless
(a) the script of the commercial message or endorsement has been approved by the Minister of Health to indicate, to the extent that it is possible to do so on the basis of a script, that a commercial message or an endorsement conforming to the approved script would comply with the applicable provisions, administered by that Minister, of the Food and Drugs Act, the Controlled Drugs and Substances Act and the regulations made pursuant to those Acts or to the Department of Health Act; and
(b) the script bears the script number assigned to it by that Minister.
(2) Before January 1, 1999, when a licensee distributes a commercial message or an endorsement referred to in subsection (1), the licensee shall keep a record of the script for a period of one year after the date of the distribution, which record shall contain
(a) the name of the device to which the script relates;
(b) the name of the sponsor or advertising agency that submitted the script for approval; and
(c) the script number referred to in paragraph (1)(b).
(3) A licensee shall provide the record required by subsection (2) to the Commission or to an inspector designated pursuant to the Food and Drugs Act, acting on behalf of the Commission, where the Commission or the inspector so requests for the purpose of audit or examination.
(4) The approval of the script of a commercial message or an endorsement referred to in subsection (1) does not indicate that the commercial message or endorsement complies with the applicable legislation.
COMING INTO FORCE
4. These Regulations come into force on June 17, 1997.
AVI97-99_0
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