CONSOLIDATION

Directions to the CRTC (Directto-Home (DTH) Pay-Per-View Television Programming Undertakings) Order

SOR/95-320

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Order Issuing Directions to the Canadian RadioTelevision and Telecommunications Commission Respecting Policy for the Licensing of Pay-Per-View Television Programming Undertakings that Provide Services Through Direct-To-Home (DTH) Satellite Distribution Undertakings

Short Title

Interpretation

Directions

Current to June 20, 2022

ii

Registration SOR/95-320 July 6, 1995

BROADCASTING ACT Directions to the CRTC (Direct-to-Home (DTH) PayPer-View Television Programming Undertakings) Order P.C. 1995-1106

July 6, 1995

Whereas pay-per-view services will become an increasingly important vehicle for the exhibition of feature films and other television programming and an increasingly important source of financial contribution to the development of independently-produced Canadian programming; Whereas pay-per-view television programming undertakings should operate through licensing in a dynamically competitive market, subject to appropriate requirements, including their contribution to the development of programming, in order to provide to their subscribers, in competition with each other, the widest range of Canadian and foreign feature films and other programming; Whereas the Canadian Radio-television and Telecommunications Commission should not refuse to issue a DTH pay-per-view television programming undertaking licence on the basis of a concern for economic viability; Whereas the contribution of DTH pay-per-view television programming undertakings should include a financial contribution of more than five per cent of gross annual revenues to the production of Canadian programming; Whereas the Canadian Radio-television and Telecommunications Commission should ensure the continuing integrity of the Canadian broadcasting system through implementation of the broadcasting policy set out in subsection 3(1) of the Broadcasting Act*; Whereas, in accordance with subsection 7(6) of the Broadcasting Act*, the Minister of Communications has consulted with the Canadian Radio-television and Telecommunications Commission; Whereas, in accordance with paragraph 8(1)(a) of the Broadcasting Act*, notice of the proposed Order issuing directions to the Canadian Radio-television and Telecommunications Commission respecting policy for the licensing of pay-per-view television programming undertakings that provide services through *

S.C. 1991, c. 11

Current to June 20, 2022

Directions to the CRTC (Direct-to-Home (DTH) Pay-Per-View Television Programming Undertakings) Order

Direct-to-Home (DTH) Satellite Distribution Undertakings, substantially in the form annexed hereto, was published in the Canada Gazette Part I on April 29, 1995 and interested persons were invited to make representations to the Minister of Communications with respect to the proposed Order; And Whereas, in accordance with paragraph 8(1)(b) of the Broadcasting Act*, a copy of the proposed Order was laid before each House of Parliament and forty sitting days of Parliament have since expired; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Communications, pursuant to section 7 and subsection 8(3) of the Broadcasting Act*, is pleased hereby to make the annexed Order issuing directions to the Canadian Radio-television and Telecommunications Commission respecting policy for the licensing of pay-per-view television programming undertakings that provide services through Direct-to-Home (DTH) Satellite Distribution Undertakings.

*

S.C. 1991, c. 11

Current to June 20, 2022

Order Issuing Directions to the Canadian Radio-Television and Telecommunications Commission Respecting Policy for the Licensing of Pay-Per-View Television Programming Undertakings that Provide Services Through Direct-To-Home (DTH) Satellite Distribution Undertakings

Short Title 1 This Order may be cited as the Directions to the CRTC (Direct-to-Home (DTH) Pay-Per-View Television Programming Undertakings) Order.

Interpretation 2 In this Order,

CRTC means the Canadian Radio-television Telecommunications Commission; (CRTC)

and

DTH distribution undertaking means a Direct-to-Home (DTH) Satellite Distribution Undertaking; (entreprise de distribution par SRD) DTH pay-per-view television programming undertaking means a pay-per-view television programming undertaking licensed to provide pay-per-view services for distribution to subscribers through a licensed DTH distribution undertaking; (entreprise de programmation de télévision à la carte par SRD) other pay-per-view television programming undertakings means pay-per-view television programming undertakings that provide pay-per-view television programming via satellite to cable affiliates; (autres entreprises de programmation de télévision à la carte) pay-per-view television programming undertaking means a pay television programming undertaking that provides a pay-per-view service. (entreprise de programmation de télévision à la carte)

Current to June 20, 2022

Directions to the CRTC (Direct-to-Home (DTH) Pay-Per-View Television Programming Undertakings) Order Directions Sections 3-5

Directions 3 The CRTC is directed to promote, through licensing, a

dynamically competitive market for DTH pay-per-view television programming undertakings. 4 The CRTC is directed to establish a class of licences in

respect of the carrying on of DTH pay-per-view television programming undertakings. 5 The CRTC is directed, in the exercise of its powers in respect of the carrying on of a DTH pay-per-view television programming undertaking, (a) to prohibit, by appropriate means, the undertaking from acquiring exclusive or other preferential rights to pay-per-view distribution of feature films and other programming within Canada; (b) to ensure that the undertaking is subject to equitable obligations and makes maximum contributions to Canadian programming, including a significant financial contribution derived from a percentage of gross annual revenues to the production of Canadian programming, and that the financial contribution is administered independently of the undertaking; (c) taking into consideration the total number of channels over which the undertaking’s service is offered, to apply rules that are comparable or equivalent to those rules in effect in respect of other pay-per-view television programming undertakings and that pertain to the annual exhibition ratios of Canadian to foreign films and events, the annual minimum numbers of Canadian films and events to be exhibited and the remittances to be paid by the undertaking to rights holders for the Canadian films and events it exhibits; (d) to require the undertaking to be subject to the same generally applicable Canadian policy as other broadcasting undertakings in respect of the use of Canadian and foreign satellite facilities; (e) not to refuse to issue a licence to an applicant for the sole reason that the applicant proposes to use foreign satellites for the distribution of non-Canadian programming to subscribers through a DTH distribution undertaking, provided that such use is consistent with generally applicable Canadian satellite policy; and (f) not to refuse to issue a licence to an applicant for the sole reason that the applicant holds a licence to carry on a DTH distribution undertaking.

Current to June 20, 2022

Directions to the CRTC (Direct-to-Home (DTH) Pay-Per-View Television Programming Undertakings) Order Directions Sections 5-6

6 The CRTC is directed (a) not to authorize any person or class of persons to carry on a DTH pay-per-view television programming undertaking other than by means of a licence issued by the CRTC for that purpose; and (b) to call, immediately on the coming into force of

this Order, for licence applications to carry on English-language DTH pay-per-view television programming undertakings and for licence applications to carry on French-language DTH pay-per-view television programming undertakings and, thereafter, to complete the licensing processes in respect of those applications concurrently with the licensing process for DTH distribution undertakings referred to in section 7 of the Directions to the CRTC (Direct-to-Home (DTH) Satellite Distribution Undertakings) Order.

Current to June 20, 2022

