Vol. 148, No. 20 — September 24, 2014

Registration

SOR/2014-202 September 2, 2014

BROADCASTING ACT

Regulations Amending Certain Regulations Made Under the Broadcasting Act

Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), a copy of the proposed Regulations Amending Certain Regulations Made Under the Broadcasting Act, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 8, 2014, and a reasonable opportunity was 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 (see footnote b), makes the annexed Regulations Amending Certain Regulations Made Under the Broadcasting Act.

Gatineau, Quebec, August 28, 2014

JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

RADIO REGULATIONS, 1986

1. The Radio Regulations, 1986 (see footnote 1) are amended by adding the following after section 15:

PART IV

EMERGENCY ALERTS

16. (1) The following definitions apply in this section.

“issuing authority” means any person who is authorized by a Canadian governmental authority — including the federal Department of the Environment, federal and provincial government departments and agencies that are responsible for emergency management and public safety, and municipal authorities — to issue warnings to the public, and to the National Alert Aggregation and Dissemination System, announcing danger to life or property. (autorité compétente)

“National Alert Aggregation and Dissemination System” means the alert message aggregation system established and operated by Pelmorex Communications Inc. (système d’agrégation et de dissémination national d’alertes)

(2) Except as otherwise provided under a condition of its licence, a licensee shall implement on all stations that it is licensed to operate, by no later than March 31, 2015, a public alerting system that broadcasts without delay, on a given station, any audio alert that it receives from the National Alert Aggregation and Dissemination System that

(3) Despite subsection (2) and subject to any condition of licence, the deadline for implementing the public alerting system in the case of a campus station, community station or native station is March 31, 2016.

(4) The licensee shall implement the public alerting system for each of its transmitters.

(5) The licensee shall broadcast the alert on transmitters that serve the area that is targeted by the alert.

(6) The licensee shall take all reasonable measures to ensure that the alerts that it broadcasts are in conformity with the specifications and recommended practices set out in the document entitled National Public Alerting System Common Look and Feel Guidance, produced at the request of the Federal/Provincial/Territorial Public Alerting Working Group of Senior Officials Responsible for Emergency Management with the support of Defence Research and Development Canada, Centre for Security Science, Canadian Safety and Security Program, and in consultation with the public-private Common Look and Feel Working Group, as that document is amended from time to time.

TELEVISION BROADCASTING REGULATIONS, 1987

2. The Television Broadcasting Regulations, 1987 (see footnote 2) are amended by adding the following after section 17:

EMERGENCY ALERTS

18. (1) The following definitions apply in this section.

“community station” means a station that is licensed as a community station. (station communautaire)

“issuing authority” means any person who is authorized by a Canadian governmental authority — including the federal Department of the Environment, federal and provincial government departments and agencies that are responsible for emergency management and public safety, and municipal authorities — to issue warnings to the public, and to the National Alert Aggregation and Dissemination System, announcing danger to life or property. (autorité compétente)

“National Alert Aggregation and Dissemination System” means the alert message aggregation system established and operated by Pelmorex Communications Inc. (système d’agrégation et de dissémination national d’alertes)

“native station” means a station that is licensed as a native station. (station autochtone)

(2) Except as otherwise provided under a condition of its licence, a licensee shall implement on all stations that it is licensed to operate, by no later than March 31, 2015, a public alerting system that broadcasts without delay, on a given station, any alert that it receives, in a form including both text and audio content, from the National Alert Aggregation and Dissemination System that

(3) Despite subsection (2) and subject to any condition of licence, the deadline for implementing the public alerting system in the case of a community station or native station is March 31, 2016.

(4) The licensee shall implement the public alerting system for each of its transmitters.

(5) The licensee shall broadcast the alert on transmitters that serve the area that is targeted by the alert.

(6) The licensee shall take all reasonable measures to ensure that the alerts that it broadcasts are in conformity with the specifications and recommended practices set out in the document entitled National Public Alerting System Common Look and Feel Guidance, produced at the request of the Federal/Provincial/Territorial Public Alerting Working Group of Senior Officials Responsible for Emergency Management with the support of Defence Research and Development Canada, Centre for Security Science, Canadian Safety and Security Program, and in consultation with the public-private Common Look and Feel Working Group, as that document is amended from time to time.

BROADCASTING DISTRIBUTION REGULATIONS

3. The portion of section 7 of the Broadcasting Distribution Regulations (see footnote 3) before paragraph (a) is replaced by the following:

7. Subject to section 7.2, a licensee shall not alter the content or format of a programming service or delete a programming service in a licensed area in the course of its distribution except

4. The Regulations are amended by adding the following after section 7.1:

EMERGENCY ALERTS

7.2 (1) The following definitions apply in this section.

“issuing authority” means any person who is authorized by a Canadian governmental authority — including the federal Department of the Environment, federal and provincial government departments and agencies that are responsible for emergency management and public safety, and municipal authorities — to issue warnings to the public, and to the National Alert Aggregation and Dissemination System, announcing danger to life or property. (autorité compétente)

“National Alert Aggregation and Dissemination System” means the alert message aggregation system established and operated by Pelmorex Communications Inc. (système d’agrégation et de dissémination national d’alertes)

(2) Except as otherwise provided under a condition of its licence, a licensee shall implement, by no later than March 31, 2015, a public alerting system that alters without delay a programming service being distributed by the licensee in a licensed area in order to insert any alert that it receives — in a form including both text and audio content — from the National Alert Aggregation and Dissemination System that

(3) The licensee shall insert the alert in all programming services that it is distributing to subscribers whose residence or other premises are located in an area that is targeted by the alert.

(4) The licensee shall take all reasonable measures to ensure that the alerts are in conformity with the specifications and recommended practices set out in the document entitled National Public Alerting System Common Look and Feel Guidance, produced at the request of the Federal/Provincial/Territorial Public Alerting Working Group of Senior Officials Responsible for Emergency Management with the support of Defence Research and Development Canada, Centre for Security Science, Canadian Safety and Security Program, and in consultation with the public-private Common Look and Feel Working Group, as that document is amended from time to time.

COMING INTO FORCE

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

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The Regulations will require that most broadcasters and broadcasting distribution undertakings participate in the national public alerting system by March 31, 2015, in order to ensure that Canadians receive timely warnings of imminent perils. Campus, community, and native radio and television broadcasters will be required to participate by no later than March 31, 2016. Pursuant to these Regulations, undertakings will be required to broadcast/distribute emergency alert messages announcing imminent or unfolding dangers to life. The Regulations follow the Canadian Radio-television and Telecommunications Commission’s statement in Broadcasting Decision CRTC 2011-438, dated July 22, 2011, and entitled The Weather Network/Météomédia – Licence renewal and extension of the mandatory distribution of the service, that it would monitor the degree of participation in the national public alerting system and that it may initiate a review in 2013 should further measures be required to ensure full participation.