Undue Preference or Disadvantage
15 (1) No licensee shall give an undue preference to any person, including itself, or subject any person to an undue disadvantage.
(2) In any proceeding before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.
- SOR/2009-235, s. 1
- SOR/2012-151, s. 2
(2) Except as otherwise provided under a condition of its licence, a licensee shall not offer its programming service for distribution as a distant television station as part of a package with other programming services unless it also makes its programming service available as a distant television station on a stand-alone basis.
- SOR/2012-151, s. 3
17 (1) If there is a dispute between the licensee and the operator of a licensed distribution undertaking or an exempt distribution undertaking, concerning the carriage or terms of carriage of programming originated by the licensee, including the wholesale rate and the terms of any audit referred to in section 15.1 of the Broadcasting Distribution Regulations, one or both of the parties to the dispute may refer the matter to the Commission for dispute resolution.
(2) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute are required to participate in a mediation with a person appointed by the Commission.
(3) During the dispute resolution process, the person appointed under subsection (2) may require additional information from the parties.
- SOR/2012-151, s. 3
18 (1) The following definitions apply in this section.
- community station
community station means a station that is licensed as a community station. (station communautaire)
- issuing authority
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
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
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
(a) announces an imminent or unfolding danger to life; and
(b) is designated by the applicable issuing authority for immediate broadcast in all or part of the area within the station’s Grade B official contour or noise-limited bounding official contour, as the case may be.
(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.
- SOR/2014-202, s. 2
19 A program that, before November 1, 2023, qualified as a Canadian program under subparagraph (b)(i) or (ii) of the definition Canadian program in section 2, as it read immediately before that day, continues to qualify as a Canadian program for the purposes of these Regulations.
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