ARCHIVED - Public Notice CRTC 2001-73

Public Notice CRTC 2001-73

Ottawa, 26 June 2001

Call for comments on proposed amendment to definition of "associate" in various broadcasting regulations

Five sets of the Commission's broadcasting regulations contain a definition of the term "associate" in the provisions dealing with the transfer of ownership and control of a licensee or its undertaking. The Commission is calling for comments on a proposal to amend this definition, consistent with the values of tolerance, respect and equality found in the Canadian Charter of Rights and Freedoms, to ensure that its regulations have the same regulatory effect on all couples who have been cohabiting in a conjugal relationship for at least one year. Information about how to submit a comment on this matter is set out at the end of this notice.

The Commission's regulations governing broadcasting undertakings include provisions dealing with the transfer of ownership or control of a licensee or its undertaking. These provisions contain a definition of the term "associate". The definition currently provides that a person's spouse or common-law spouse is an associate of that person. The definition also provides that a person's son, daughter, son-in-law and daughter-in-law is an associate, as well as any other relative (or relative of the person's spouse or common-law spouse) who has the same residence.

The Commission is of the view that it would be appropriate, and consistent with the values of tolerance, respect and equality found in the Canadian Charter of Rights and Freedoms,to ensure that its ownership and control regulations have the same regulatory effect on all couples who have been cohabiting in a conjugal relationship for at least one year.

Accordingly, the Commission considers it appropriate to amend the definition of "associate" in its broadcasting regulations to ensure that the following persons are considered to be associates of an individual:

· spouse;

· common-law partner^*;

· child;

· child of a spouse or common-law partner;

· spouse or common-law partner of a child;

· spouse or common-law partner of the child of a spouse or common-law partner; and,

· any relative or any relative of a spouse or common-law partner not referred to above, but who has the same residence.

These proposed changes are consistent with the amendments proclaimed to 68 statutes of the Government of Canada in Bill C-23, An Act to modernize the Statutes of Canada in relation to benefits and obligations, which received Royal Assent on 29 June 2000.

Accordingly, the Commission proposes to amend the Broadcasting Distribution Regulations, the Pay Television Regulations, 1990, the Radio Regulations, 1986, the Specialty Services Regulations, 1990 and the Television Broadcasting Regulations, 1987 as set out in the appendix to this notice.

Call for comments

The Commission invites written comments on the proposed amendments appended to this notice. The Commission will accept comments that it receives on or before 26 July 2001.

The Commission will not formally acknowledge written comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out below have been followed.

Procedures for filing comments

Interested parties can file their comments on paper or electronically. Submissions longer than five pages should include a summary.

The "hard copy" should be sent to the Secretary General, CRTC, Ottawa, K1A 0N2.

Parties wishing to file electronic versions of their comments can do so by email or on diskette. The Commission email address is procedure@crtc.gc.ca.

Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.

Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.

The Commission will make comments filed in electronic form available on its web site at www.crtc.gc.ca in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.

Examination of public comments and related documents at the following Commission offices during normal business hours

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218

Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721

405 de Maisonneuve Blvd. East
2^nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607 - TDD: 283-8316
Fax: (514) 283-3689

55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317

Cornwall Professional Building
2125 - 11^th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319

Suite 520 - 10405 Jasper Avenue
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214

530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322

Secretary General

This document is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca

Notice is hereby given, pursuant to subsection 10(3) of the Broadcasting Act^a, that the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made under the Broadcasting Act (Definition of "Associate").

Licensees and other interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2.

Hull, Quebec, 26 June , 2001

Secretary General
Canadian Radio-television and
Telecommunications Commission

Whereas, pursuant to subsection 10(3) of the Broadcasting Act^a, a copy of the proposed Regulations Amending Certain Regulations Made under the Broadcasting Act (Definition of "Associate"), substantially in the form set out in the annexed regulations, was published in the Canada Gazette, Part I, on , 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 to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act^a, hereby makes the annexed Regulations Amending Certain Regulations Made under the Broadcasting Act (Definition of "Associate").

Hull, Quebec, , 2001

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT (DEFINITION OF "ASSOCIATE")

RADIO REGULATIONS, 1986

1. (1) Paragraphs (c)¹ and (d)¹ of the definition "associate" in subsection 11(1) of the Radio Regulations, 1986² are replaced by the following:

(c) the spouse or common-law partner of the person,

(c.1) a child of the person or of their spouse or common-law partner, including a child adopted in fact by the person or by the spouse or common-law partner,

(c.2) the spouse or common-law partner of a child referred to in paragraph (c.1),

(d) a relative of the person, or of the spouse or common-law partner referred to in paragraph (c), if that relative has the same residence as the person,

(2) Subsection 11(1) of the Regulations is amended by adding the following in alphabetical order:

"common-law partner", in respect of a person, means an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

TELEVISION BROADCASTING REGULATIONS, 1987

2. (1) Paragraphs (c)³ and (d)³ of the definition "associate" in subsection 14(1) of the Television Broadcasting Regulations, 1987⁴ are replaced by the following:

(c) the spouse or common-law partner of the person,

(c.1) a child of the person or of their spouse or common-law partner, including a child adopted in fact by the person or by the spouse or common-law partner,

(c.2) the spouse or common-law partner of a child referred to in paragraph (c.1),

(d) a relative of the person, or of the spouse or common-law partner referred to in paragraph (c), if that relative has the same residence as the person,

(2) Subsection 14(1) of the Regulations is amended by adding the following in alphabetical order:

"common-law partner", in respect of a person, means an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

PAY TELEVISION REGULATIONS, 1990

3. (1) Paragraphs (c)⁵ and (d)⁵ of the definition "associate" in subsection 6(1) of the Pay Television Regulations, 1990⁶ are replaced by the following:

(c) the spouse or common-law partner of the person,

(c.1) a child of the person or of their spouse or common-law partner, including a child adopted in fact by the person or by the spouse or common-law partner,

(c.2) the spouse or common-law partner of a child referred to in paragraph (c.1),

(d) a relative of the person, or of the spouse or common-law partner referred to in paragraph (c), if that relative has the same residence as the person,

(2) Subsection 6(1) of the Regulations is amended by adding the following in alphabetical order:

"common-law partner", in respect of a person, means an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

SPECIALTY SERVICES REGULATIONS, 1990

4. (1) Paragraphs (c)⁷ and (d)⁷ of the definition "associate" in subsection 10(1) of the Specialty Services Regulations, 1990⁸ are replaced by the following:

(c) the spouse or common-law partner of the person,

(c.1) a child of the person or of their spouse or common-law partner, including a child adopted in fact by the person or by the spouse or common-law partner,

(c.2) the spouse or common-law partner of a child referred to in paragraph (c.1),

(d) a relative of the person, or of the spouse or common-law partner referred to in paragraph (c), if that relative has the same residence as the person,

(2) Subsection 10(1) of the Regulations is amended by adding the following in alphabetical order:

"common-law partner", in respect of a person, means an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

BROADCASTING DISTRIBUTION REGULATIONS

5. (1) Paragraphs (c) and (d) of the definition "associate" in subsection 4(1) of the Broadcasting Distribution Regulations⁹ are replaced by the following:

(c) the spouse or common-law partner of the person;

(c.1) a child of the person or of their spouse or common-law partner, including a child adopted in fact by the person or by the spouse or common-law partner;

(c.2) the spouse or common-law partner of a child referred to in paragraph (c.1);

(d) a relative of the person, or of the spouse or common-law partner referred to in paragraph (c), if that relative has the same residence as the person;

(2) Subsection 4(1) of the Regulations is amended by adding the following in alphabetical order:

"common-law partner", in respect of a person, means an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

COMING INTO FORCE

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