Broadcasting Regulatory Policy CRTC 2010-808

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Route reference: 2010-470

Additional reference: 2010-167

Ottawa, 1 November 2010

Definitions for television program categories

To ensure that the definitions of television program categories still accurately capture all of the types of programs enjoyed by Canadians, the Commission sets out revised definitions for specific program categories. The Commission also sets out the procedure for identifying and updating the list of award shows that will qualify as programs of national interest, which is available on the Commission’s website. A complete list of the definitions including these revisions and this procedure can be found in the appendix to this document. These definitions replace those set out in Public Notice 1999-205. In addition, the Commission will amend Schedule I of the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 to include a new category, 11(b), which will comprise programming categorized as “Reality television.”

Introduction

1. In its policy on the licensing of large English-language private television ownership groups (Broadcasting Regulatory Policy 2010-167), the Commission announced that the current exhibition requirements for priority programming would be replaced by an expenditure requirement for programs of national interest.[1] The Commission determined that such programs would consist of programs from categories 2(b) Long-form documentary and 7 Drama and comedy, which are primary vehicles for communicating Canadian stories and values, as well as specific Canadian award shows that celebrate Canadian creative talent, such as The Geminis, The Junos, The Giller Prize, The National Aboriginal Achievement Awards, The East Coast Music Awards and The Aboriginal Peoples Choice Music Awards. To ensure that the program categories set out in Schedule I of the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 and originally defined in Public Notice 1999-205 still accurately capture all of the types of programs enjoyed by Canadians, the Commission stated that it would seek comments on these definitions, including in particular the definition of category 2(b).

2. Accordingly, in Broadcasting Notice of Consultation 2010-470 (the Call for comments), the Commission identified issues and questions relating to the definitions for specific program categories, as well as program length and advertising. The Commission also proposed amendments to these definitions and sought comments on the appropriate procedure for identifying and updating the award shows that will qualify as programs of national interest.

3. The Commission received interventions from the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) and AFM Canada (AFM), the Canadian Media Production Association (CMPA, formerly known as the Canadian Film and Television Production Association), the Canadian Songwriters Hall of Fame, the Directors Guild of Canada (DGC), the Documentary Organization of Canada (DOC), the National Film Board (NFB), the Writers Guild of Canada (WGC), the English-Language Arts Network (ELAN), the Quebec English-Language Production Committee (QPC) and OpenMedia.ca. The Commission also received interventions from the following broadcasters: Canwest Television Limited Partnership (Canwest), Crossroads Television System (CTS), CTVglobemedia Inc. (CTVgm), the Canadian Broadcasting Corporation, Quebecor Media Inc. on behalf of TVA Group Inc. (Quebecor), TVO, Rogers Broadcasting Limited (Rogers) and ZoomerMedia Limited (ZoomerMedia). The interventions are available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

4. The Commission has identified the following issues to be addressed in its determinations:

5. A complete list of the revised definitions, including the definition of programs of national interest and the procedure for identifying and updating the award shows that will qualify as programs of national interest, can be found in the appendix to this document. These definitions replace those set out in Public Notice 1999-205.

Long-form documentaries and reality television

Issue

6. Public Notice 1999-205 defines category 2(b) Long-form documentaries as follows:

Original works of non-fiction, primarily designed to inform but may also educate and entertain, providing an in-depth critical analysis of a specific subject or point of view over the course of at least 30 minutes (less a reasonable time for commercials, if any). These programs shall not be used as commercial vehicles.

7. Given that reality television programming can have documentary-like elements and that this type of programming may be confused with what the Commission currently defines as category 2(b), the Commission proposed in its Call for comments to amend category 11 General entertainment and human interest to make the distinction between documentary-style reality television and long-form documentaries clearer. Specifically, the Commission proposed to identify what is currently defined as category 11 as category 11(a) and to create a new category, 11(b) Documentary-style reality television, to be defined as follows:

Documentary-style reality television programming is defined as programming that presents unscripted dramatic or humorous situations, documents actual events and typically features ordinary people instead of professional actors. This type of programming involves passively following individuals as they go about their daily personal and professional activities.

Though unscripted, this programming may be directed and may resemble a soap opera – hence the popular references to “docusoaps” and “docudramas.”

Though this type of programming may be factual, it lacks or has very minimal amounts of in-depth critical analysis of a specific subject or point of view that is the key defining element of category 2(b) Long-form documentary programming.

Other types of reality television programming are captured by program categories 10 Game shows and 11(a) General entertainment and human interest.

8. The Commission sought comments on whether the proposed definition was appropriate and adequate and whether there was a need to revise the definition of category 2(b) to further differentiate it from documentary-style reality television programming.

Positions of parties

9. The creative sector generally argued for a more precise definition of long-form documentaries. Most suggested that the Commission should adopt the full Canadian Media Fund (CMF) definition of long-form documentary, including all its exclusions. These interveners argued that adopting the CMF definition would allow for more consistency in the industry and would exclude the need for the proposed category 11(b) Documentary-style reality television. In this respect, it was submitted that the proposed category 11(b) devalued documentaries by associating the term documentary with the reality television concept.

10. For their part, broadcasters were opposed to the proposal to create a new category to encompass documentary-style reality television programming, arguing that this proposed category did not represent what they were currently broadcasting and that programs currently categorized as long-form documentaries should remain in this category. Broadcasters also submitted that creating this category could result in a loss of CMF funding, as this type of programming would not be considered programming of national interest. Some broadcasters, such as ZoomerMedia and Canwest, suggested that the Commission should create a subcategory 2(b)(ii) for more contrived reality-style documentaries, which would still count as programming of national interest, rather than create the proposed category 11(b). Finally, other broadcasters, such as Rogers, argued that the proposed category 11(b) should not include docusoaps as they are funded by the CMF and should be considered as programs of national interest.

Commission’s analysis and determinations

11. In Broadcasting Regulatory Policy 2010-167, the Commission stated that there is a continuing need for regulatory support for key genres of Canadian programming, such as categories 7 and 2(b). With respect to the concerns raised by broadcasters, the Commission notes that reality television does not need the same regulatory support as long-form documentaries and that consequently the inclusion of reality television under the same category would be inconsistent with the objective of supporting programs of national interest. In this respect, though Rogers noted that the CMF funds docusoaps and argued that docusoaps should therefore be considered programs of national interest, the Commission considers that their inclusion would be similarly inconsistent with the direction announced in Broadcasting Regulatory Policy 2010-167, since this type of programming does not require regulatory support.

12. Regarding the creative sector’s proposal that the Commission adopt the CMF’s criteria, the Commission notes that the CMF definition of a documentary is identical to the Commission’s current definition of category 2(b). Further, it is the Commission’s view that the list of exclusions or ineligible programming set out by the CMF is effectively covered by the creation of the proposed category 11(b). Specifically, the Commission considers that the creation of this category would be sufficient to ensure that only true long-form documentaries would qualify as programs of national interest, as all reality television programming would be captured by category 11(b).

13. The Commission also notes the concerns expressed by some interveners that the creation of a new category for “documentary-style” reality television would devalue the concept of a documentary. The Commission considers that this designation is neither essential nor conducive to the distinction it is seeking to make between long-form documentaries and reality television. Accordingly, in the appendix to this document, the Commission has amended the definitions for television categories to include the proposed category 11(b), which will comprise programming categorized as “Reality television.”

14. The Commission will amend Schedule I of the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 to include the new category 11(b) in the list of categories.

Canadian award shows

Issue

15. As noted in Broadcasting Regulatory Policy 2010-167, the Commission intends to include award show programming, such as The Geminis, The Junos, The Giller Prize, The National Aboriginal Achievement Awards, The East Coast Music Awards and The Aboriginal Peoples Choice Music Awards, in its definition of programs of national interest. These award shows, which celebrate Canadian creative talent, were provided by way of example and were not intended to represent an exhaustive list. Accordingly, in its Call for comments, the Commission proposed to establish a “living list” of eligible award shows on its website. Under the proposal, should a party wish to have a Canadian award show considered for inclusion on the list, the party would provide a detailed rationale to the Commission for its qualification as a program of national interest. The Commission would then determine whether the award show should be added to the list. The Commission sought comments on the appropriateness of publishing the list on its website and the proposed approach. In addition, the Commission sought comments on what criteria should be used when it considers a submission to include a Canadian award show on the list.

Positions of parties

16. All interveners were in support of the proposal to establish a “living list” of eligible award shows on the Commission’s website. Some interveners, such as the DGC, stated that only the shows on the list should count as programs of national interest. Other interveners, such as CTVgm, argued that the list should serve as an example and that having to apply to the Commission for the shows to be approved would cause unnecessary delays and increase the administrative burden for both broadcasters and the Commission. These interveners argued that licensees must have access to clear criteria that will permit them to assess if an award show that is not on the list qualifies as a program of national interest without applying to the Commission. CTVgm compared this approach to the one used by the Commission with respect to eligible Canadian content development (CCD) initiatives for radio broadcasters. Canwest also suggested that the category of Canadian award shows should be expanded to include specials or one-off programs that raise awareness and/or funding for charitable or humanitarian causes, while the CMPA argued that the Commission should accept applications to add to the list from any party, not just broadcasters, and that these applications should be subject to a public process.

17. Parties suggested various criteria for determining eligibility, which are described below:

18. Canwest did not support a comprehensive, restrictive checklist of criteria to determine eligibility. In its view parties should be permitted to present their own arguments and justifications for inclusion on the list and assessment should be made based on broader definitional parameters. Nevertheless, Canwest submitted a full proposal of criteria to the Commission. Finally, Quebecor stated that it did not believe the list applied to it but felt that the Gala Artis should be included.

Commission’s analysis and determinations

19. It is the Commission’s view that the CCD approach proposed by CTVgm does not provide sufficient transparency and safeguards for the purposes of determining what award shows would qualify as programs of national interest. The Commission considers that a clearer approach is required. Specifically, it has determined that the list should be exhaustive and that programs proposed for eligibility should be approved by the Commission. Further, as this approach would be used to meet a regulatory requirement, it is Commission’s position that the administrative burden for broadcasters is reasonable and consistent with its approach to the certification of other programs. Additionally, the Commission notes that broadcasters should be in a position to file requests well in advance of the airing of any such program. The Commission will minimize administrative delays to ensure timely consideration of these requests.

20. With respect to Canwest’s suggestion that specials or one-off humanitarian relief programs should be included on the list, the Commission notes that the intention put forward in Broadcasting Regulatory Policy 2010-167 was to include programs that celebrate Canadian creative talent in the English-language market, whereas more often than not these one-off and relief programs do not focus on the celebration of Canadian talent. Finally, with respect to the consideration of the Gala Artis, the Commission notes that Quebecor can apply for its addition to the list.

21. Regarding the criteria for inclusion on the list, the Commission notes that there appears to be a consensus among interveners that the eligible award shows should concentrate on achievements in Canadian culture (broadcasting, film, music, video, new media and the arts sector). The Commission concurs with ACTRA and AFM that sports should not be included within the selected criteria as their popularity and market-driven demand make these shows profitable enough not to require regulatory support. Finally, the Commission is of the view that the criteria proposed by Canwest are too broad and do not reflect the objective put forward by the Commission in Broadcasting Regulatory Policy 2010-167, which is to promote Canadian achievements in the cultural, media and arts sectors.

22. In light of the above, the Commission adopts the following criteria and mechanisms for determining award shows that will qualify as programs of national interest:

  1. Award shows that qualify as programs of national interest will include award shows of national or regional scope that celebrate Canadian creative talent and/or cultural diversity and achievements in Canadian arts and culture (broadcasting, film, music, video, new media and the arts sector).
  2. Any party may submit a request for an addition to or deletion from the list of qualifying award shows. In either case, parties must apply to the Commission and provide a rationale that justifies the addition or deletion of the award show by demonstrating that it clearly meets or no longer meets the above-noted criteria.
  3. Only the programs included on the list will be considered eligible. A full list of eligible programs may be found on the Commission’s website at www.crtc.gc.ca, as amended from time to time.

23. Award shows will continue to be logged as category 11 until Schedule I of the regulations is amended to include the new category 11(b) and to rename category 11 as category 11(a), as discussed above, but eligible expenses related to qualifying award shows will count towards the expenditure requirement for programs of national interest established in Broadcasting Regulatory Policy 2010-167.

Religious programming

Issue

24. Since the adoption of the current definitions, broadcasters and producers have indicated that what would qualify as category 4 Religion programming is sometimes unclear. Public Notice 1999-205 defines category 4 as follows:

Programs dealing with religion and religious teachings, as well as discussions of the human spiritual condition.

25. To provide clarity and consistent with its approach to other program categories, the Commission proposed the following amendment to the definition of category 4 in its Call for comments (changes are in bold):

Programs dealing primarily with (i.e. more that 50%) religion and religious teachings, as well as discussions of the human spiritual condition.

Positions of parties

26. CTS agreed that a program which deals “primarily with religion and religious teachings, as well as discussions of the human spiritual condition” is a more accurate description. However, CTS was of the opinion that such programming cannot be precisely and objectively measured, so it proposed the following change:

Programs dealing primarily with (i.e. more often than not) religion and religious teachings, as well as discussions of the human spiritual condition.

27. ZoomerMedia argued that the proposed definition would have a negative impact on the revenues and expenses of faith-based broadcasting services. It also argued that the Commission would be creating significant regulatory uncertainty within the broadcast regulatory regime about what type of programming would effectively fulfill the minimum requirement.

Commission’s analysis and determinations

28. The Commission notes that the rationale behind the proposed amendment of category 4 programming was the need for a measurable threshold for such programming to add clarity and transparency. The Commission further notes that it has received numerous complaints concerning programming certified as religious that contains just a few minutes of religious content. These complaints expressed concern that religious broadcasters remain true to their religious nature. Consequently, the Commission is concerned that the amendment proposed by CTS would not send a clear message that for programming to be considered “religious,” it must be primarily religious. Further, with respect to the intervention by ZoomerMedia, the Commission is not convinced by the intervener’s arguments that the proposed amendment should be discarded as the Commission considers that there needs to be a quantifiable threshold to ensure that category 4 programming includes a sufficient amount of religious content. Accordingly, in the appendix to this document, the Commission has revised the definition of category 4 programming as proposed in the Call for comments.

References to program length and advertising

Issue

29. The definitions established in Public Notice 1999-205 for long-form documentaries and for Canadian regionally-produced and entertainment magazine programs, all of which were included in the priority program categories established in Public Notice 1999-97, as well as criterion (b) for the 150% and 125% time credits for Canadian drama,[2] refer to programs of a duration of at least a half-hour, less or including a reasonable amount of time for commercial breaks. In the Call for comments, the Commission proposed amendments to these definitions and this criterion to require that qualifying programs be at least 22 minutes in duration, excluding commercials and promotions.

Positions of parties

30. All of the interveners except the NFB and the Canadian Songwriters Hall of Fame opposed the proposal. The interveners argued that the Commission would not be consistent in its policy-making if it adopted these amendments since the Commission announced a staggered deregulation of advertising on conventional television stations in Broadcasting Public Notice 2007-53, culminating in the elimination of the advertising limitations for these stations as of 1 September 2009. The CMPA further argued that the proposed definitions were not consistent with other definitions in the industry such as the CMF definitions. Finally, the DOC and ACTRA and AFM argued that the proposed references to program length and advertising would give less flexibility to program creators.

Commission’s analysis and determinations

31. The Commission notes that the primary intent of the proposed amendment was to distinguish the long-form documentary category from category 2(a) Analysis and interpretation, which includes documentaries less than 22 minutes in duration. The Commission also proposed to apply the 22-minute programming content threshold to other definitions to ensure consistency of approach.

32. However, in light of the deregulation of advertising on conventional television stations and the comments received, the Commission has decided to amend only the definition of category 2(b) to ensure that programs that fall under this category are of a sufficient length and are distinguishable from programs that fall more appropriately under category 2(a).

Canadian regionally-produced programs

Issue

33. ELAN and the QPC proposed further amendments to the definition of Canadian regionally-produced programs to support official language minority communities (OLMCs) both inside Quebec and across Canada. According to these interveners, the Commission must make significant changes to this definition because of its obligations under section 41 of the Official Languages Act.

Commission’s analysis and determinations

34. In its Report to the Governor in Council on English- and French-language broadcasting services in English and French linguistic minority communities in Canada published on 30 March 2009, the Commission indicated that proposals to modify its definition of regionally-produced programs would be subject to a public process. However, the Commission notes that this review of the definitions for television program categories is a result of Broadcasting Regulatory Policy 2010-167, in which the priority programming exhibition obligation (which included regionally-produced programs) was replaced with an expenditure requirement for programs of national interest. The expenditure requirement does not include an obligation concerning the broadcast of regional programming. Therefore, it is the Commission’s view that the current process is not the appropriate platform to review this definition and that amending the definition in this context would not result in more regional productions.

35. In Broadcasting Regulatory Policy 2010-167, the Commission restated its view that these groups, as national broadcasters, have a critical role to play in ensuring that all regions of the country are reflected in their programming. The Commission added that it expected the major television groups to commission programs of national interest from all regions of Canada, engaging in levels of production activity that are commensurate with their presence in their respective markets. In this respect, the Commission notes that questions concerning OLMCs and OLMC productions were asked of English-language conventional broadcasters as part of their upcoming licence renewal. The Commission considers that this will be a more appropriate and effective forum to address regional programming on television stations.

Implementation

36. As noted above, the Commission will amend Schedule I of the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 to include the new category 11(b). This new category will come into effect on the day the regulations are registered. Other changes to the definitions of the categories set out in the appendix to this policy take effect immediately.

Secretary General

Related documents

Appendix to Broadcasting Regulatory Policy CRTC 2010-808

I. Programs of national interest

  1. Programs of national interest will include programs that belong to categories 2(b) Long-form documentary and 7 Drama and Comedy, as well as award shows[3] of national or regional scope that celebrate Canadian creative talent and/or cultural diversity and achievements in Canadian arts and culture (broadcasting, film, music, video, new media and the arts sector).
  2. Any party may submit a request for an addition to or deletion from the list of qualifying award shows. In either case, parties must apply to the Commission and provide a rationale that justifies the addition or deletion of the award show by demonstrating that it clearly meets or no longer meets the above-noted criteria.
  3. Only the programs included on the list will be considered eligible. A full list of eligible programs may be found on the Commission’s website at www.crtc.gc.ca, as amended from time to time.

II. Television program categories

Category 1 News

Newscasts, newsbreaks, and headlines. Programs reporting on local, regional, national, and international events. Such programs may include weather reports, sportscasts, community news, and other related features or segments contained within “News Programs.”

Category 2(a) Analysis and Interpretation

Programs on various topics that include analysis or discussion, such as talk or panel shows, consumer affairs or reviews, news magazines and documentaries that do not fall under category 2(b). This category excludes programs presenting information primarily for entertainment value.

The Commission notes that “Docutainment” programs, gossip or entertainment talk shows fall more appropriately under category 11(a). Lifestyle magazine shows generally fall under category 5(b).

Category 2(b) Long-form documentary

Original works of non-fiction, primarily designed to inform but may also educate and entertain, providing an in-depth critical analysis of a specific subject or point of view over the course of at least 22 minutes. These programs shall not be used as commercial vehicles. Further, programs that fall under the category 11(b) Reality television do not qualify as 2(b) programming.

Category 3 Reporting & Actualities

Programs focusing on the coverage of conferences, political conventions, opening/closing of events (including awards dinners) and political debates, as well as programs of a non-entertainment nature intended to raise funds.

Category 4 Religion

Programs dealing primarily with (i.e. more that 50%) religion and religious teachings, as well as discussions of the human spiritual condition.

Category 5(a) Formal education & pre-school

Programs presenting detailed information related to a wide variety of topics and used by the viewer primarily to acquire knowledge. The programs can be related to established curricula. All programs targeted at pre-schoolers (ages 2-5) except those that are primarily comprised of drama.

Category 5(b) Informal education/Recreation & Leisure

Programs presenting information on recreation, hobby and skill development, recreational sports and outdoor activities, travel and leisure, employment opportunities, and talk shows of an informative (“how-to”) nature.

Category 6 Sports

Programs of live or live-to-tape sports events and competitions including coverage of professional and amateur tournaments. The category also includes programs reviewing and analysing professional or amateur competitive sports events/teams (i.e. pre- and post-game shows, magazine shows, scripted sports, call-in and talk shows, etc.). This category includes the following sub-categories:

Documentaries on sports-related topics fall under category 2. Programs on leisure and recreational sports fall under category 5(b).

Music and Entertainment

Category 7 Drama and Comedy

Entertainment productions of a fictional nature, including dramatisations of real events. They must be comprised primarily of (i.e. more than 50%) dramatic performances. Category 7 includes the following subcategories:

  1. On-going dramatic series;
  2. On-going comedy series (sitcoms);
  3. Specials, mini-series, and made-for-TV feature films;
  4. Theatrical feature films aired on television;
  5. Animated television programs and films (excludes computer graphic productions without story lines);
  6. Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; and
  7. Other drama, including, but not limited to, readings, narratives, improvisations, tapes/films of live theatre not developed specifically for television, experimental shorts, video clips, continuous action animation (e.g. puppet shows).

Category 8(a) Music and dance

Programs comprised primarily (i.e. more than 50%) of live or pre-recorded performances of music and/or dance, including opera, operetta, ballet, and musicals. The performance portion excludes videoclips, voice-overs or musical performances used as background.

Category 8(b) Music video clips

Short film or videotape productions or concert excerpts (clips) not produced primarily for the particular program in which they are presented, which normally contain one musical selection with visual material.

Category 8(c) Music video programs

Programs consisting primarily (i.e. more than 50%) of music videos and in some cases including a host and other programming elements.

Category 9 Variety

Programs containing primarily (i.e. more than 50%) performances of mixed character (e.g. not exclusively music or comedy performances) consisting of a number of individual acts such as singing, dancing, acrobatic exhibitions, comedy sketches, monologues, magic, etc.

Category 10 Game shows

Programs featuring games of skill and chance as well as quizzes.

Category 11(a) General entertainment and human interest

Programs primarily about the world of entertainment and its people. These programs include celebrity profiles that may use promotional footage, talk or interview shows, award shows, galas and tributes. They also include entertainment-oriented magazine shows; fund-raising shows which include entertainers (i.e. telethons); human interest programs consisting of live or live-to-tape footage without significant portions devoted to in-depth analysis or interpretation; and coverage of community events such as carnivals, festivals, parades and fashion shows.

Programs consisting primarily (i.e. more than 50%) of performances fall under categories 7, 8 or 9.

Category 11(b) Reality television

Programs that present unscripted dramatic or humorous situations, document actual events and typically feature ordinary people instead of professional actors. This type of programming involves passively following individuals as they go about their daily personal and professional activities.

Though unscripted, this programming may be directed and may resemble a soap opera – hence the popular references to “docusoaps” and “docudramas.”

Though this type of programming may be factual, it lacks or has very minimal amounts of in-depth critical analysis of a specific subject or point of view that is the key defining element of category 2(b) Long-form documentary programming.

Other

Category 12 Interstitials

Programs with a running time of less than 5 minutes, exclusive of advertising and other interstitial material, consisting of material that can be described under categories 2 to 11.

Category 13 Public service announcements

Messages of less than 5 minutes duration intended to educate the audience about issues of public concern, encourage public support and awareness of a worthy cause, or promote the work of a non-profit group or organization dedicated to enhancing the quality of life in local communities or in society or the world at large. These include community billboards. These messages are not intended to sell or promote goods or commercial services. No payment is exchanged between broadcasters and producers for the broadcast of these messages.

When public service announcements are logged, the start and end times must be entered, the program class must be “PSA” and two components of the key figure must be recorded: “Origin” and “Category” (130). No other components should be entered.

Category 14 Infomercials, promotional and corporate videos

Programming exceeding 12 minutes in length that combines information and/or entertainment with the sale or promotion of goods or services into a virtually indistinguishable whole. This category includes videos and films of any length produced by individuals, groups and businesses for public relations, recruitment, etc.

When this material is logged, the start and end times must be entered, the program class must be “PGI,” and the category 140. No other components of the key figure should be entered.

Category 15 Filler programming

Programming, in no case longer than 30 minutes in duration, the purpose of which is to fill in the time between the presentation of the major programs broadcast by the licensed pay services and those specialty services authorized to distribute filler programming, and includes material that promotes the programs or services provided by the licensee.

III. Other matters

Canadian regionally-produced programs

English-language programs at least 30 minutes long (less a reasonable amount of time for commercials, if any) in which the principal photography occurred in Canada at a distance of more than 150 kilometres from Montréal, Toronto or Vancouver. Programs in which the principal photography occurred on Vancouver Island will also be considered regionally produced programs.

French-language programs at least 30 minutes long (less a reasonable amount of time for commercials, if any) in which the principal photography occurred in Canada at a distance of more than 150 kilometres from Montréal.

Programs of News (category 1), Analysis & Interpretation (category 2), Reporting & Actualities (category 3) and Sports (category 6) are excluded.

Where regionally-produced programs are logged, the program class must be “REG.”

Canadian entertainment magazine programs[4]

Programs at least 30 minutes long (less a reasonable amount of time for commercials, if any) that devote at least two-thirds of their running time (excluding commercials) to the promotion of Canadian entertainment, including television programs, movies, soundtracks, plays, music, musical and performing arts events, performance artists and off-screen personnel associated with these activities and artists. Such programs may include only brief clips of performances. Where Canadian entertainment magazine programs are logged, the program class must be “MAG.”

Footnotes


[1] As noted in Broadcasting Regulatory Policy 2010-167, English- and French-language broadcasters, while sharing common aspects, operate under different conditions and may have different requirements. As such, the Commission has determined that with limited exceptions the group-based policies, including the policy relating to programs of national interest, will apply only to large English-language private television ownership groups. The Commission intends to discuss with French-language television broadcasters, at their licence renewals, the most appropriate approach to take in regard to the issues addressed by the group-based policies.

[2] In the case of the 150% and 125% time credits for Canadian drama, though the Commission announced in Broadcasting Regulatory Policy 2010-167 that it would eliminate the time credits for broadcasters included within the new group-based approach, these time credits are still available for other eligible broadcasters.

[3] See paragraph 23 of this policy for logging requirements.

[4] See paragraph 29 of the policy.

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