ARCHIVED - Public Notice CRTC 2000-92

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Public Notice CRTC 2000-92

Ottawa, 30 June 2000
Regulatory amendments to implement the Ethnic Broadcasting Policy and new television content categories
Summary
The Commission has adopted amendments that will simplify the definition of "ethnic program"; set out a new definition of "third-language program"; establish the levels of third-language programming that radio and television stations may broadcast; update the information that must be filed with the Commission for purposes of logging ethnic and third-language programming; and establish logging practices and content categories for television.

1.

In Public Notice CRTC 2000-37 dated 10 March 2000, the Commission called for comments on proposed regulations to implement the Ethnic Broadcasting Policy and new television content categories. Six comments were filed in reply to this notice and the Commission wishes to thank these parties for their participation.

2.

The Commission hereby announces that the Radio Regulations, 1986; Television Broadcasting Regulations, 1987; Pay Television Regulations, 1990 and Specialty Services Regulations, 1990 are amended as proposed with the following exception: in the Pay Television Regulations, 1990 filler programming will be designated as category 15 instead of category 14 as originally proposed. The amended regulations, attached as an appendix to this public notice, were published in the Canada Gazette, part II, on 21 June 2000.
Secretary General
This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca.

JUS-601472
(SOR/DORS)

REGULATIONS AMENDING THE RADIO REGULATIONS, 1986

amendments

1. (1) The definition "ethnic program" in section 2 of the Radio Regulations, 19861 is replaced by the following:
"ethnic program" means a program in any language that is specifically directed toward any culturally or racially distinct group, other than one whose heritage is AboriginalCanadian, from France or from the British Isles; (émission à caractère ethnique)
(2). Section 2 of the Regulations is amended by adding the following in alphabetical order:
"market" means
(a) in the case of an A.M. station, the A.M. daytime 15mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller, or
(b) in the case of an F.M. station, the F.M. 3mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller; (marché)
"third language program" means an ethnic program in a language other than English, French, or a language of the Aboriginal peoples of Canada; (émission dans une troisième langue)
"Type A community station" means a community station that is licensed as a Type A community station. (station communautaire de type A)
2. Subsection 7(2) of the Regulations is replaced by the following:
(2) Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee licensed to operate an ethnic station shall devote not less than 50% of a broadcast week to third language programs.
(3) Except as otherwise provided under a condition of licence to devote up to 40% of a broadcast week to third language programs, and subject to subsection (4), an A.M. or F.M. licensee licensed to operate a station other than an ethnic station shall devote not more than 15% of a broadcast week to third language programs.
(4) An A.M. or F.M. licensee licensed to operate a Type A community station, or a campus station broadcasting in a market where there is no ethnic station, may devote not more than 40% of a broadcast week to third language programs.
3. Subsection 11(3.1)3 of the Regulations is repealed.
4. Table C of the schedule to the Regulations is amended by adding the following after item 5:

Column I

Column II

Item

Code

Description

6. Type X Where 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.
5. Item 1 of Table D of the schedule to the Regulations is replaced by the following:

Column I

Column II

Item

Code

Description

1. (Abbreviated name) The distinct ethnic group toward which an ethnic program is directed.

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.
___________________________________________

1 SOR/86-982
2 SOR/96-324

JUS-601473
(CG-I/GC-I)

REGULATIONS AMENDING THE PAY TELEVISION REGULATIONS, 1990

amendments

1. Clause 4(1)(c)(iii)(A) of the Pay Television Regulations, 1990 is replaced by the following:
(A) its title and any additional information that is to be included by the appropriate subitem of Schedule I,
2. (1) The portion of subitem 4(5) of Schedule I to the Regulations in column I is replaced by the following:
Column I
Item Program Description
4. (5) Canadian independent producer (include Commission "C" number or the number assigned by the Department of Canadian Heritage)
(2) The portion of subitems 4(7) and (8) of Schedule I to the Regulations in column I is replaced by the following:
Column I
Item Program Description
4. (7) Canadian programs from a government and productions of the National Film Board(include the source)
(8) Programs from any source that are not accredited as Canadian programs (include indication of lip synchronisation credit and Commission "D" number where appropriate)
(3) Item 6 of Schedule I to the Regulations is replaced by the following:

Column I

Column II

Item

Program Description

Alphanumeric Characters
1st 2nd 3rd 4th 5th 6th 7th 8th

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 pre-school 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 where applicable)
(a) Ongoing dramatic series 0 7 A
(b) Ongoing comedy series (sitcoms) 0 7 B
(c) Specials, mini-series and 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 and 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) General entertainment and human interest 1 1 0
Other:
(12) Interstitials 1 2 0
(13) Public service announcements 1 3 0
(14) Not applicable
(15) Filler programming 1 5 0
(4) Part C of Schedule II to the Regulations is amended by adding the following after item 5:
Column I Column II
Item Code Description
6. Type X Where 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 , as defined in the Television Broadcasting Regulations, 1987
(5) Item 1 of Part D of Schedule II to the Regulations is replaced by the following:
Column I Column II
Item Code Description
1. [Abbreviated name] The distinct ethnic group toward which an ethnic program, as defined in the Television Broadcasting Regulations, 1987, is directed

COMING INTO FORCE

(6) These Regulations come into force on the day on which they are registered.
___________________________________________

1 SOR/90-105

JUS-601474
(CG-I/GC-I)

REGULATIONS AMENDING THE TELEVISION BROADCASTING REGULATIONS, 1987

amendments

1. (1) The definition "ethnic program" in section 2 of the Television Broadcasting Regulations, 19871 is replaced by the following:
"ethnic program" means a program in any language that is specifically directed toward any culturally or racially distinct group, other than one whose heritage is AboriginalCanadian, from France, or from the British Isles; (émission à caractère ethnique)
(2) The portion of the definition "advertising material"2 in section 2 of the Regulations, before paragraph (a) is replaced by the following:
"advertising material" means any commercial message and programming that promotes a station, network or program, but does not include
(3) Paragraph (d)2 of the definition "advertising material" in section 2 of the Regulations is replaced by the following:
(d) (d) a promotion for a Canadian program or a Canadian feature film, notwithstanding that a sponsor is identified in the title of the program or the film or is identified as a sponsor of that program or that film, where the identification is limited to the name of the sponsor only and does not include a description, representation or attribute of the sponsor's products or services; (matériel publicitaire)
(4) Section 2 of the Regulations is amended by adding the following in alphabetical order:
" third language program" means an ethnic program in a language other than English, French, or a language of the Aboriginalpeoples of Canada; (émission dans une troisième langue)
2. The definition "evening broadcast period" in subsection 4(2) of the Regulations is replaced by the following:
" evening broadcast period" means the total time devoted to broadcasting between six o'clock in the afternoon and midnight during each broadcast year. (période de radiodiffusion en soirée)
3. Subsections 9(2) and (3) of the Regulations are replaced by the following:
(2) Except as otherwise provided under a licensee's condition of licence, the licensee of an ethnic station shall devote to third language programs at least 50% of the total number of hours devoted to broadcasting during the aggregate of the broadcast days in each of the four or five week periods in the calendar approved by the Commission and referred to in subsection (1).
(3) Except as otherwise provided under a licensee's condition of licence to devote up to 40% of a broadcast month to third language programs, the licensee of a station other than an ethnic station shall devote not more than 15% of its broadcast month to third language programs.
4. Clause 10(1)(c)(v)(A) of the Regulations is replaced by the following:
(A) (A) its title and any additional information that is to be included by the appropriate subitem of Schedule I,
5. (1) The portion of subitem 4(6) of Schedule I to the Regulations in column I3 is replaced by the following:
Column I
Item Program Description
4. (6) Canadian independent producer (include Commission "C" number or the number assigned by the Department of Canadian Heritage)
(2) The portion of subitems 4(8) and (9) of Schedule I to the Regulations in column I3 is replaced by the following:
Column I
Item Program Description
4. (8) Canadian programs from a government and productions of the National Film Board (include the source)
(9) Programs from any source that are not accredited as Canadian programs (include indication of lip synchronisation credit and Commission "D" number where appropriate)
6. Item 64 of Schedule I to the Regulations is replaced by the following:

Column I

Column II

Item

Program Description

Alphanumeric Characters
1st 2nd 3rd 4th
5th 6th 7th 8th

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 pre-school 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 where 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) General entertainment and human interest 1 1 0
Other:
(12) Interstitials 1 2 0
(13) Public service announcements 1 3 0
(14) Infomercials, promotional and corporate videos 1 4 0
7. Part B of Schedule II to the Regulations is amended by adding the following after item 5:
Column I Column II
Item Code Description
6. Type X Where 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
8. Item 1 of Part C of Schedule II to the Regulations is replaced by the following:
Column I Column II
Item Code Description
1. (Abbreviated name) The distinct ethnic group toward which an ethnic program is directed

COMING INTO FORCE

9. These Regulations come into force on the day on which they are registered.
___________________________________________

1 SOR/87-49
2 SOR/92-429
3 SOR/87-425
4 SOR/94-220

JUS-601475
(CG-I/GC-I)

REGULATIONS AMENDING THE SPECIALTY SERVICES REGULATIONS, 1990

amendments

1. (1) The portion of the definition "advertising material"1 in section 2 of the Specialty Services Regulations, 19902 before paragraph (a) is replaced by the following:
"advertising material" means any commercial message and programming that promotes a station, network or program, but does not include
(2) Paragraph (c)1 of the definition "advertising material" in section 2 of the Regulations is replaced by the following:
(c) a promotion for a Canadian program or a Canadian feature film, notwithstanding that a sponsor is identified in the title of the program or the film or is identified as a sponsor of that program or that film, where the identification is limited to the name of the sponsor only and does not include a description, representation or any attribute of the sponsor's products or services; (matériel publicitaire)
2. Clause 7(1)(c)(iv)(A) of the Regulations is replaced by the following:
(A) its title and any additional information that is to be included by the appropriate subitem of Schedule I,
3. (1) The portion of subitem 4(5) of Schedule I to the Regulations in column I is replaced by the following:
Column I
Item Program Description
4. (5) Canadian independent producer (include Commission "C" number or the number assigned by the Department of Canadian Heritage)
(2) The portion of subitems 4(7) and (8) of Schedule I to the Regulations in column I is replaced by the following:
Column I
Item Program Description
4. (7) Canadian programs from any government and productions of the National Film Board (include the source)
(8) Programs from any source that are not accredited as Canadian programs (include indication of lip synchronisation credit and Commission "D" number where appropriate)
4. Item 6 of Schedule I to the Regulations is replaced by the following:

Column I

Column II

Item

Program Description

Alphanumeric Characters
1st 2nd 3rd 4th
5th 6th 7th 8th

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 pre-school 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 where 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) General entertainment and human interest 1 1 0
Other:
(12) Interstitials 1 2 0
(13) Public service announcements 1 3 0
(14) Infomercials, promotional and corporate videos 1 4 0
(15) Filler programming 1 5 0
5. Part C of Schedule II to the Regulations is amended by adding the following after item 5:
Column I Column II
Item Code Description
6. Type X Where 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, as defined in the Television Broadcasting Regulations, 1987
6. Item 1 of Part D of Schedule II to the Regulations is replaced by the following:
Column I Column II
Item Code Description
1. (Abbreviated name) The distinct ethnic group toward which an ethnic program, as defined in the Television Broadcasting Regulations, 1987, is directed

COMING INTO FORCE

7. These Regulations come into force on the day on which they are registered.
___________________________________________

1 SOR/94-304
2 SOR/90-106

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