Appendix B: Key Components of the Legal Regime Relating to Canadian Content Regulations for Radio

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1. Definition of a Canadian Under the Radio Regulations, 1986 (S. 1): "Canadian" means

(a) a Canadian citizen,

(b)a permanent resident, as defined in the Immigration Act, 1976,

(c) a person whose ordinary place of residence was in Canada throughout the six months immediately preceding that person's contribution to a musical composition, performance or concert, or (d) a licensee [of an AM or FM station]

2. Definition of a "Canadian Selection" Under the Radio Regulations, 1986 as amended (S.2):"Canadian selection" means a musical selection

(a) that meets at least two of the following conditions, namely,

(i)the music is or lyrics are performed principally by a Canadian, [see S.1]

(ii) the music is composed entirely be a Canadian,

(iii) the lyrics are written entirely by a Canadian,

(iv)he musical selection consists of a live performance that is (A) recorded wholly in Canada, or (B) performed wholly in and broadcast live in Canada, and

(v) the musical selection was performed live or recorded after September 1, 1991, and a Canadian who has collaborated with a non-Canadian receives at least fifty per cent of the credit as composer and lyricist according to the records of a recognized performing rights society;

(b) that is an instrumental performance of a musical composition that meets the conditions set out in subparagraph (a)(ii) or (iii); (c) that is a performance of a musical composition that a Canadian has composed for instruments only; or

(d) that has already qualified as a Canadian selection under regulations previously in effect. [SOR/93-517, in effect November 4, 1993]

3. Definition Content Categories 2 and 3 Under CRTC Public Notice 1991-19 (February 14, 1991, Appendix)

CATEGORY 2: Music-General: Live or recorded entertainment music of one minute in length or more, broadcast uninterrupted, extending from the advent of mass-produced recordings to the latest hits as defined in charts of recognized trade publications, including popular songs and compositions that fall under the headings "pop", "country-and-western", "rhythm and blues"; "dance"; "rock", "easy listening", "middle-of-the-road", "beautiful music", "mood", and "mainly for dancing"; popularized arrangements of classical music, jazz or authentic folksongs, music written and performed in a folk idiom by present-day artists; which may include songs of protest and/or political and/or social comment, humorous and satirical songs, chansonniers and chansonnettes, English music hall and North American vaudeville; individual excerpts from works from the musical stage, non-religious Christmas songs, popular music for films and television; and popularizations of folk idioms, such as Latin American, Hawaiian and Calypso...

CATEGORY 3: Music-Traditional and Special Interest: Music of one minute or more in length, broadcast uninterrupted, characterized as traditional authentic songs and dances of the people, institutionalized music of religious faiths, "classical" music, authentic improvised jazz, and extended excerpts from popular musical theatre...

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Last Modified: Wednesday, October 20, 1999.