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ARCHIVED - Public Notice CRTC 2001-107

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Public Notice CRTC 2001-107

Ottawa, 17 October 2001

Amendments to definition of "associate" in various broadcasting regulations

Summary

In Public Notice CRTC 2001-73, the Commission called for comments on proposed amendments to five sets of the Commission's broadcasting regulations to amend the definition of the term "associate" in the provisions dealing with the transfer of ownership and control of a licensee or its undertaking. The proposed amendments were 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. Further to PN 2001-73, the Commission has adopted amendments to these regulations, as set out in the appendix to this notice. The amendments came into effect on 1 October 2001.

1.

The Commission announces that it has amended sections of 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.

2.

In PN 2001-73, the Commission invited comments on the proposed regulatory amendments to the definition of the term "associate" in these regulations. In that PN the Commission stated that it was 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. The deadline for comments was 26 July 2001, and the Commission received no submissions by that date.

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3.

Accordingly, the regulatory amendments proposed in PN 2001-73 have been adopted. The amendments, set out in the appendix to this notice, were published in the Canada Gazette, Part II on 10 October 2001 and came into effect on 1 October 2001.

 

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

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JUS-602289

 

(SOR/DORS)

 

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

RADIO REGULATIONS, 1986

 

1. (1) Paragraphs (c) and (d)1 of the definition "associate" in subsection 11(1) of the Radio Regulations, 1986 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,

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(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) and (d)3 of the definition "associate" in subsection 14(1) of the Television Broadcasting Regulations, 1987 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)

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PAY TELEVISION REGULATIONS, 1990
 

3. (1) Paragraphs (c) and (d)5 of the definition "associate" in subsection 6(1) of the Pay Television Regulations, 1990 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,

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(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) and (d)7 of the definition "associate" in subsection 10(1) of the Specialty Services Regulations, 1990 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,

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(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 Regulations 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;

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(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.

Date Modified: 2001-10-17

Date modified: