Broadcasting Regulatory Policy CRTC 2015-524

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Reference: 2015-412

Ottawa, 25 November 2015

Amendments to the Radio Regulations, 1986 to implement determinations relating to logs, records and the Station Self-assessment Report form

The Commission announces that it has made amendments to the Radio Regulations, 1986 (the Regulations) regarding logs and records. Specifically, the Commission has modernized wording, standardized retention requirements and added the Station Self-assessment Report form as an appendix to the Regulations.

These amendments will be published in the Canada Gazette, Part II, and will come into force on the date of their registration.

Introduction

1. In Broadcasting Notice of Consultation 2013-572, the Commission launched a proceeding to review certain aspects of the commercial radio sector. This review covered, among other things, certain provisions in the Radio Regulations, 1986 (the Regulations) relating to the maintenance and submission of logs and records. The Commission set out its determinations resulting from this review in Broadcasting Regulatory Policy 2014-554.
2. On 1 September 2015, the Commission published Broadcasting Notice of Consultation 2015-412 (the Notice), in which it called for comments on proposed amendments to the Regulations regarding logs and records flowing from its determinations set out in Broadcasting Regulatory Policy 2014-554. Specifically, the Commission proposed to modernize wording, standardize retention requirements and add the Station Self-assessment Report form as an appendix to the Regulations.

Comments

3. In response to the Notice, the Commission received an intervention in comment from l’Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ). The public record for this proceeding can be found on the Commission’s website at www.crtc.gc.ca.
4. With respect to the content of the Station Self-assessment Report form, ADISQ requested that the Commission:
   • add a section to the form requiring more detailed information about musical montages to permit the Commission to evaluate stations’ adherence to its rules on musical programming;
   • stay mindful of potential developments in the ongoing proceeding to review the regulatory framework for French-language vocal music applicable to the French-language commercial radio sector; and
   • include information in the form on radio licensees’ general practices regarding musical programming that is not regulated.

Commission’s analysis

5. The scope of the Notice was limited to the particular wording of amendments, the content of which had already been determined in Broadcasting Regulatory Policy 2014-554. In particular, the Commission indicated at paragraph 86 of that policy that it would add the most recent Station Self-assessment Report form as an appendix to the Regulations. Consequently, the most recent form was included in the appendix to the Notice.
6. ADISQ’s comments regarding the Station Self-assessment Report form relate to the substantive content rather than the particular wording of the form within the framework of its existent content. As such, these comments are outside the scope of this proceeding.

Conclusion

7. In light of all of the above, the Commission announces amendments to the Radio Regulations, 1986. The amendments will come into effect on the date of their registration. A copy of these amendments is provided in the appendix to this regulatory policy and will be published in the Canada Gazette, Part II.

Secretary General

Related documents

• Call for comments on proposed amendments to the Radio Regulations, 1986 to implement determinations relating to logs, records and the Station Self-assessment Report form, Broadcasting Notice of Consultation CRTC 2015-412, 1 September 2015
• A targeted policy review of the commercial radio sector, Broadcasting Regulatory Policy CRTC 2014-554, 28 October 2014
• Call for comments on a targeted policy review for the commercial radio sector, Broadcasting Notice of Consultation CRTC 2013-572, 30 October 2013

Appendix to Broadcasting Regulatory Policy CRTC 2015-524

REGULATIONS AMENDING THE RADIO REGULATIONS, 1986

AMENDMENTS

• 1. (1) Paragraphs 8(1)(a) and (b) of the Radio Regulations, 1986^{Foo tnote 1}are replaced by the following:
  • (a) keep, in a form acceptable to the Commission, a program log or a record of the matter broadcast by the licensee;
  • (b) retain the log or record for a period of four weeks after the date when the matter was broadcast; and

• (2) Clauses 8(1)(c)(iv)(D) and (E) of the Regulations are replaced by the following:
  • (D) the code set out in Schedule 1 indicating the origin of the program and, if applicable, the language type or group, and
  • (E) if applicable, the code set out in Schedule 1 identifying non-Canadian programming, and

• (3) Subsection 8(2) of the Regulations is replaced by the following:
  • (2) When a program falls into more than one content category, a licensee shall cause to be entered in its program log or record the numbers of the two principal content categories in descending order of their relative importance in terms of broadcast time.

• (4) Subsection 8(4) of the Regulations is replaced by the following:
  • (4) A licensee shall furnish, to the Commission on request, its program log or record for any day, with a certificate signed by or on behalf of the licensee attesting to the accuracy of its content.

• (5) The portion of subsection 8(5) of the Regulations before paragraph (a) is replaced by the following:
  • (5) A licensee shall retain a clear and intelligible audio recording or other exact copy of all matter broadcast

• (6) Subsection 8(6) of the Regulations is replaced by the following:
  • (6) When, before the expiry of the applicable period referred to in subsection (5), the Commission requests from the licensee a clear and intelligible audio recording or other exact copy of matter broadcast, the licensee shall furnish it to the Commission without delay.

• 2. Paragraph 9(3)(a) of the Regulations is replaced by the following:
  1. (a) the information required by the Station Self-assessment Report set out in Schedule 2; and
• 3. The schedule to the Regulations is numbered as Schedule 1.
• 4. Schedule 1 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 1” with the following:
  • (Clauses 8(1)(c)(iv)(D) and (E))
• 5. The Regulations are amended by adding, after Schedule 1, the Schedule 2 set out in the schedule to these Regulations.

COMING INTO FORCE

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

SCHEDULE

(Section 5)

SCHEDULE 2

(Paragraph 9(3)(a))

STATION SELF-ASSESSMENT REPORT

Table 1

Table 2

Table 3

Table 4

Date modified:

2015-11-25