GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas Regulations — 10
Studies, reports or other work 10 (1) If an activity plan has been approved by the Minister, the person who submitted the plan must provide the Minister with a copy of any study, report or other work that results from the activity and that is related to the conservation and protection of the Marine Protected Areas. Data (2) The study, report or other work must be accompanied by the data that was obtained during the activity. Deadline (3) The study, report or other work, together with the data, must be provided to the Minister within 90 days after the day on which the study, report or other work is completed. Data (4) If the study, report or other work is not completed within a period of three years after the last day of the scientific research or monitoring activity or educational activity, the person must submit the data that was obtained during the activity to the Minister within 90 days after that period.
Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas Regulations — 11
Registration 11 These Regulations come into force on the day on which they are registered.
Discretionary Services Regulations — a
Whereas, pursuant to subsection 10(3) of the Broadcasting Act a , a copy of the proposed Discretionary Services Regulations , substantially in the annexed form, was published in the Canada Gazette , Part I, on October 8, 2016 and a reasonable opportunity was afforded to interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations; a S.C. 1991, c. 11
Discretionary Services Regulations — Discretionary Services Regulations
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act a , makes the annexed Discretionary Services Regulations .
Discretionary Services Regulations — Discretionary Services Regulations
Act means the Broadcasting Act . ( Loi )
Discretionary Services Regulations — (a)
advertising material means any commercial message or programming that promotes a station, network or program but it does not include (a) a station or network identification; (b) the announcement of an upcoming program that is voiced over credits; or (c) a promotion for a Canadian program or a Canadian feature film, even if a sponsor is identified in the title of the program or film or as a sponsor of that program or film, as long as the identification is limited to the sponsor’s name and does not include a description, representation or attribute of the sponsor’s products or services. ( matériel publicitaire )
Discretionary Services Regulations — Discretionary Services Regulations
broadcast year means the period that begins on September 1 of one year and ends on August 31 of the following year. ( année de radiodiffusion )
Discretionary Services Regulations — (a)
Canadian program means a program (a) in respect of which a Canadian film or video production certificate as defined in section 125.4 of the Income Tax Act has been issued; or (b) that qualifies as a Canadian program in accordance with the criteria established by the Commission in (i) Appendices 1 and 2 to Broadcasting Regulatory Policy CRTC 2023-90, dated 23 March 2023 and entitled Change to the treatment of stock footage costs as part of the evaluation of applications for Canadian program certification , or (ii) [Repealed, SOR/2023-216, s. 3] (iii) paragraphs 128 to 130 of Broadcasting Regulatory Policy CRTC 2015-86, dated March 12, 2015, entitled Let’s Talk TV: The way forward – Creating compelling and diverse Canadian programming . ( émission canadienne )
Discretionary Services Regulations — Discretionary Services Regulations
commercial message means an advertisement that is intended to sell or promote goods, services, natural resources or activities, including by mentioning or displaying in a list of prizes the name of a person that is selling or promoting the goods, services, natural resources or activities. ( message publicitaire )
Discretionary Services Regulations — Discretionary Services Regulations
exempt distribution undertaking means a distribution undertaking whose operator is exempt from one or more of the requirements of Part II of the Act by an order of the Commission made under subsection 9(4) of the Act. ( entreprise de distribution exemptée )
Discretionary Services Regulations — Discretionary Services Regulations
key figure means a figure formed by a combination of alphanumeric characters set out in column 2 of Schedule 1 that corresponds to the description of the program set out in column 1. ( chiffre clé )
Discretionary Services Regulations — Discretionary Services Regulations
licensed means licensed by the Commission. ( autorisé )
Discretionary Services Regulations — Discretionary Services Regulations
licensee means a person that is licensed to carry on a discretionary programming undertaking or a discretionary services network. ( titulaire )
Discretionary Services Regulations — Discretionary Services Regulations
new programming service means a programming service that has not been previously distributed in Canada and includes a high definition version or a new multiplex of an existing programming service. ( nouveau service de programmation )
Discretionary Services Regulations — Discretionary Services Regulations
program means a program that falls into a category set out in item 6, column 1, of Schedule 1. ( émission )
Discretionary Services Regulations — Discretionary Services Regulations
programming means anything that is broadcast, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric characters. ( programmation )
Discretionary Services Regulations — 2
Obligation to broadcast Canadian programs 2 (1) Subject to subsection (2) and except as otherwise provided under a condition of its licence, a licensee shall devote at least 35% of the time that it devotes to broadcasting in a broadcast year to the broadcast of Canadian programs. Licensee that provides third language programming (2) Except as otherwise provided under a condition of its licence, a licensee that provides a third language service shall devote at least 15% of the time that it devotes to broadcasting in a broadcast year to the broadcast of Canadian programs. Period of time devoted to broadcasting (3) For the purposes of subsections (1) and (2), the time devoted to the broadcasting of a program includes any time devoted to advertising material. Definition of third language service (4) In subsection (2), third language service means a programming service that provides at least 90% of its programming each broadcast week, the first day of which falls on a Sunday, in a language other than English or French exclusive of secondary audio programming and subtitles.
Discretionary Services Regulations — 3
Prohibition — broadcasting of programming 3 A licensee shall not broadcast programming that contains (a) anything that contravenes an Act of Parliament or of the legislature of a province; (b) any abusive comment or abusive pictorial representation that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability; or (c) any false or misleading news.
Discretionary Services Regulations — 4
Obligation to comply with technical requirements 4 Except as otherwise provided under a condition of its licence, a licensee shall ensure that every commercial message that it broadcasts in a break within a program or between programs complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television , published by the Advanced Television Systems Committee Inc., as amended from time to time.
Discretionary Services Regulations — 6
Obligation — allocation of broadcasting time 6 (1) If, during an election period, a licensee provides time on its programming service for the broadcast of programs, advertisements or announcements of a partisan political character, the licensee shall allocate the time on an equitable basis to all accredited political parties and rival candidates represented in the election or referendum. Definition of election period (2) In subsection (1), election period means (a) in the case of a federal or provincial election or a federal, provincial or municipal referendum, the period that begins on the day on which the announcement of the election or referendum is made and that ends on the day on which the election or referendum is held; or (b) in the case of a municipal election, the period that begins two months before the day on which the election is to be held and that ends on the day on which the election is held.
Discretionary Services Regulations — 7
Non-disclosure obligation — distribution of programming services 7 (1) A licensee whose programming services are 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 (a) reproduces the CRTC non-disclosure provisions; and (b) contains its consent to comply with the CRTC non-disclosure provisions for the benefit of the licensee of the distribution undertaking. Non-disclosure obligation — broadcasting of programs (2) A licensee whose programs are 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 (a) reproduces the CRTC non-disclosure provisions; and (b) contains its consent to comply with the CRTC non-disclosure provisions for the benefit of the licensee of the video-on-demand undertaking. Definition of CRTC non-disclosure provisions (3) In this section, CRTC non-disclosure provisions means the non-disclosure 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 .
Discretionary Services Regulations — 9
Obligation to file statement of accounts 9 (1) On or before November 30 of each year, a licensee shall file with the Commission, on the annual return form issued by the Commission, a statement of accounts for the previous broadcast year. Obligation to respond to complaint or request (2) At the Commission’s request, a licensee shall respond to (a) a complaint or request for resolution of a dispute filed by a person or a request for information regarding the programming that is originated by or is distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and (b) a request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.
Discretionary Services Regulations — 10
irectly, effective control of the licensee having control of 40% or more but less than 50% of those interests but not having, directly or indirectly, effective control of the licensee; or (b) a person together with an associate (i) that control less than 20% of the voting interests of the licensee having control of 20% or more but less than 30% of those interests, (ii) that control less than 20% of the voting interests of a person that has, directly or indirectly, effective control of the licensee having control of 20% or more but less than 30% of those interests, (iii) that control less than 40% of the voting interests of the licensee having control of 40% or more but less than 50% of those interests but not having, directly or indirectly, effective control of the licensee, or (iv) that control less than 40% of the voting interests of a person that has, directly or indirectly, effective control of the licensee, having control of 40% or more but less than 50% of those interests but not having, directly or indirectly, effective control of the licensee. Content of notification (6) The notification is to contain the following information: (a) the name of the person and, if applicable, of the associate; (b) the percentage of the voting interests controlled by the person or by the person and the associate; and (c) a complete description of the act, transaction or agreement or a copy of the transaction or agreement.
Discretionary Services Regulations — (a)
associate , when used to indicate a relationship with a person, includes (a) a partner of the person; (b) a trust or an estate in which the person has a substantial beneficial interest or in which the person serves as a trustee or in a similar capacity; (c) the person’s spouse or common-law partner; (d) a child of the person or of their spouse or common-law partner, including a child adopted in fact by the person, spouse or common-law partner; (e) the spouse or common-law partner of the child; (f) a relative of the person, or of the person’s spouse or common-law partner, if that relative has the same residence as the person; (g) a corporation of which the person alone has, or the person together with one or more associates described in this definition have, directly or indirectly, control of 50% or more of the voting interests; (h) a corporation of which an associate, as described in this definition, of the person has, directly or indirectly, control of 50% or more of the voting interests; and (i) a person with which the person has entered into an arrangement, a contract, an understanding or an agreement in respect of the voting of shares of a licensee corporation or of a corporation that has, directly or indirectly, effective control of a licensee corporation, except when that person controls less than 1% of all issued voting shares of a corporation whose shares are publicly traded on a stock exchange. ( lien )
Discretionary Services Regulations — Discretionary Services Regulations
common-law partner means an individual who is cohabiting with a person in a conjugal relationship having done so for a period of at least one year. ( conjoint de fait )
Discretionary Services Regulations — Discretionary Services Regulations
common shares means the shares that represent the residual equity in the earnings of a corporation, and includes securities that are convertible into such shares at any time at the option of the holder and the preferred shares to which are attached rights to participate in the earnings of the corporation with no upper limit. ( actions ordinaires )
Discretionary Services Regulations — Discretionary Services Regulations
person includes an individual, partnership, joint venture, association, corporation, trust, estate, trustee, executor or administrator, or a legal representative of any of them. ( personne )
Discretionary Services Regulations — (a)
voting interest , in respect of (a) a corporation with share capital, means the vote attached to a voting share; (b) a corporation without share capital, means an interest that entitles the owner to voting rights similar to those enjoyed by the owner of a voting share; (c) a partnership, trust, association or joint venture, means an ownership interest in its assets that entitles the owner to receive a share of its profits, to receive a share of its assets on dissolution and to participate directly in its management or to vote on the election of the persons that are to be entrusted with the power and responsibility to manage it; and (d) a not-for-profit partnership, trust, association or joint venture, means a right that entitles the owner to participate directly in its management or to vote on the election of the persons that are to be entrusted with the power and responsibility to manage it. ( intérêt avec droit de vote )
Discretionary Services Regulations — Discretionary Services Regulations
voting share means a share in the capital of a corporation to which one or more votes are attached that are exercisable at meetings of shareholders of the corporation, either under all circumstances or under a circumstance that has occurred and is continuing, and includes a security that is convertible into such a share at any time at the option of the holder. ( action avec droit de vote )
Discretionary Services Regulations — 11
Prohibition — undue preference or disadvantage 11 (1) A licensee shall not give an undue preference to any person, including itself, or subject any person to an undue disadvantage. Burden of proof (2) In a 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.
Discretionary Services Regulations — 12
Prohibition 12 Except as otherwise provided under a condition of its licence, a licensee shall not offer its programming service for distribution as part of a package with other programming services unless it also makes its programming service available on a stand-alone basis.
Discretionary Services Regulations — 13
Obligation — distribution of new programming service 13 Except as otherwise provided under a condition of its licence, a licensee that is ready to launch a new programming service shall make that programming service available for distribution by all licensed broadcasting distribution undertakings or operators of exempt distribution undertakings, despite the absence of a commercial agreement.
Discretionary Services Regulations — 14
Referral of dispute to Commission 14 (1) If there is a dispute between a licensee and the operator of a licensed distribution undertaking or an exempt distribution undertaking concerning the carriage or terms of carriage of programming that originates from 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. Mediation (2) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute shall participate in a mediation with a person who is appointed by the Commission. Additional information (3) During the dispute resolution process, the person who is appointed may require additional information from the parties. Procedural requirements, rates, terms and conditions (4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the licensee’s programming service in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, (a) the dispute shall be resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2019-184, dated May 29, 2019 and entitled Practices and procedures for dispute resolution ; and (b) the rates, terms and conditions established by the Commission apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement. Rates, terms and conditions — new programming service (5) If the dispute relates to the rates, terms or conditions that relate to a new programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the parties will be bound by the rates, terms and conditions established by the Commission for the duration of the contractual term established by the Commission. Rates, terms and conditions — agreement (6) Despite subsections (4) and (5), the parties may reach an agreement that sets out rates, terms or conditions that differ from those established by the Commission. SOR/2021-76, s. 1
Discretionary Services Regulations — 15
Obligation — rates, terms and conditions 15 (1) During a dispute between a licensee and a person that is licensed to carry on a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming that originates from the licensee or concerning any right or obligation under the Act, the licensee must continue to provide its programming services to the distribution undertaking at the same rates and on the same terms and conditions as it did before the dispute. Period of dispute (2) For the purposes of subsection (1), a dispute begins when written notice of the dispute is provided to the Commission and is served on the other undertaking that is a party to the dispute and ends when an agreement settling the dispute is reached by the concerned undertakings or, if no such agreement is reached, when the Commission renders a decision concerning any unresolved matter.
Discretionary Services Regulations — 16
Obligations — transmission of programming service 16 Except as otherwise provided under a condition of its licence, a licensee shall, in respect of each programming service that is required to be distributed under section 18 of the Broadcasting Distribution Regulations , by the Commission under paragraph 9(1)(h) of the Act or by order of the Commission made under subsection 9(4) of the Act, (a) ensure the transmission of the programming service from its production facilities to each broadcasting distribution undertaking’s head end located within the area for which the licensee is licensed or to a satellite uplink centre located within that area; and (b) bear the costs of the transmission.
Discretionary Services Regulations — 17
17 The holder of any licence for a pay television programming undertaking or a speciality services programming undertaking in effect on September 1, 2017 is considered to be a licensee for the purposes of these Regulations for the remainder of the term of the licence.
Discretionary Services Regulations — 18
18 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 1, as it read immediately before that day, continues to qualify as a Canadian program for the purposes of these Regulations. SOR/2023-216, s. 4
Discretionary Services Regulations — 21
21 These Regulations come into force on September 1, 2017 but if they are registered after that day, they come into force on the day on which they are registered.
Discretionary Services Regulations — (b)
(b) Informal education/Recreation and leisure
Discretionary Services Regulations — (7)
(7) Drama and comedy (include the appropriate Commission drama credit if applicable)
Discretionary Services Regulations — (c)
(c) Specials, mini-series or made-for-TV feature films
Discretionary Services Regulations — (d)
(d) Theatrical feature films aired on TV
Discretionary Services Regulations — (e)
(e) Animated television programs and films
Discretionary Services Regulations — (f)
(f) Programs of comedy sketches, improvisation, unscripted works, stand-up comedy
Discretionary Services Regulations — (8) (a)
(8) (a) Music and dance other than music video programs or clips
Discretionary Services Regulations — (11) (a)
(11) (a) General entertainment and human interest
Discretionary Services Regulations — (14)
(14) Infomercials, promotional and corporate videos
Certificate of Supplementary Protection Regulations — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraphs 12(1)(g) a , (h) b and (k) b and subsection 134(1) c of the Patent Act d , makes the annexed Certificate of Supplementary Protection Regulations . a S.C. 2017, c. 6, s. 34(2) b R.S., c. 33 (3rd Supp.), s. 3 c S.C. 2017, c. 6, s. 59 d R.S., c. P-4