Vol. 148, No. 21 — October 8, 2014

Registration

SOR/2014-206 September 17, 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, September 16, 2014

JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

1. The Television Broadcasting Regulations, 1987 (see footnote 1) are amended by adding the following after section 9:

NON-DISCLOSURE

9.1 (1) A licensee whose programming services are being distributed by a licensed distribution undertaking or that is negotiating terms of carriage with such an undertaking for its programming services, including new programming services, shall sign and provide to the licensee of the distribution undertaking an agreement that

(2) A licensee whose programs are being broadcast by a licensed video-on-demand undertaking or that is negotiating terms of carriage with such an undertaking for its programs shall sign and provide to the licensee of the video-on-demand undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the non- disclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

PAY TELEVISION REGULATIONS, 1990

2. The Pay Television Regulations, 1990 (see footnote 2) are amended by adding the following after section 3:

NON-DISCLOSURE

3.1 (1) A licensee whose programming services are being distributed by a licensed distribution undertaking or that is negotiating terms of carriage with such an undertaking for its programming services, including new programming services, shall sign and provide to the licensee of the distribution undertaking an agreement that

(2) A licensee whose programs are being broadcast by a licensed video-on-demand undertaking or that is negotiating terms of carriage with such an undertaking for its programs shall sign and provide to the licensee of the video-on-demand undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the non- disclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

SPECIALTY SERVICES REGULATIONS, 1990

3. The Specialty Services Regulations, 1990 (see footnote 3) are amended by adding the following after section 6:

NON-DISCLOSURE

6.1 (1) A licensee whose programming services are being distributed by a licensed distribution undertaking or that is negotiating terms of carriage with such an undertaking for its programming services, including new programming services, shall sign and provide to the licensee of the distribution undertaking an agreement that

(2) A licensee whose programs are being broadcast by a licensed video-on-demand undertaking or that is negotiating terms of carriage with such an undertaking for its programs shall sign and provide to the licensee of the video-on-demand undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the non- disclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

BROADCASTING DISTRIBUTION REGULATIONS

4. The Broadcasting Distribution Regulations (see footnote 4) are amended by adding the following after section 9:

NON-DISCLOSURE

9.1 (1) A licensee that is distributing programming services of a licensed programming undertaking or that is negotiating terms of carriage with such an undertaking, or with an undertaking otherwise authorized to operate by reason of a Commission decision approving the issuance of a licence under paragraph 9(1)(b) of the Act, for its programming services, including new programming services, shall sign and provide to the other licensee or to the operator of the undertaking otherwise authorized an agreement that

(2) A licensee that is distributing an exempt Category B service or an exempt third-language service of an exempt programming undertaking or that is negotiating terms of carriage with an exempt programming undertaking for an exempt Category B service or an exempt third-language service, including any new programming service that is an exempt Category B service or an exempt third-language service, shall sign and provide to the operator of the exempt programming undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the non- disclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

5. Section 15.1 of the Regulations is replaced by the following:

15.1 A licensee shall give access to its records to any Canadian programming undertaking that receives a wholesale rate for its programming services to enable the programming undertaking to verify subscriber information for its programming services in accordance with the terms prescribed in Appendix 2 to Broadcasting Regulatory Policy CRTC 2014-473, dated September 12, 2014 and entitled Provisions governing the timeframes and modalities for the conduct of audits of subscriber information held by broadcasting distribution undertakings.

COMING INTO FORCE

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

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations amend the Television Broadcasting Regulations, 1987, the Pay Televisions Regulations, 1990, the Specialty Services Regulations, 1990, and the Broadcasting Distribution Regulations in order to implement determinations set out in Broadcasting Regulatory Policy CRTC 2013-578, in Broadcasting Regulatory Policy CRTC 2013-585 and in Broadcasting Regulatory Policy CRTC 2014-473. The amendments introduced by these Regulations establish requirements relating to non-disclosure of competitively sensitive information obtained or developed as a result of carriage negotiations or of the distribution of programming services. A further amendment introduces modifications to the current subscriber information audit-related requirements set out in section 15.1 of the Broadcasting Distribution Regulations.