The Online Undertakings Registration Regulations (SOR/2023-203) establishes formal registration requirements for online broadcasting undertakings in Canada as mandated by the Broadcasting Act. This regulatory framework is designed to enhance transparency and oversight in the online broadcasting sector. These regulations allow the CRTC to collect essential information from operators of online broadcasting services, ensuring adherence to the standards set forth in the Broadcasting Act.

An “operator” is defined within the regulations as any individual or entity conducting an online undertaking subject to the Broadcasting Act, a broad definition that encompasses a wide range of online broadcasting services, thereby facilitating comprehensive oversight. Operators are required to submit a registration return to the CRTC within 30 days of starting their online undertaking. This return must include the name of the online undertaking, the operator’s contact information (such as name, mailing address, phone number, and email), additional contact details for a designated representative if different from the operator, information on the operator’s incorporation and head office location, and details regarding the broadcasting services offered.

To maintain accurate records, the CRTC has the authority to request additional information if a submitted registration return is found to be incomplete or incorrect. Operators are obliged to respond to such requests promptly. Moreover, they must keep their registration information current, notifying the CRTC of any changes within 30 days to ensure that the regulatory body has access to up-to-date data.

If an operator ceases to conduct their online undertaking, they must submit a deregistration request within 30 days. The regulations also stipulate that an online undertaking may be deregistered if the CRTC cannot confirm its operation after attempting to contact the operator using the provided information. All information submitted under these regulations must be done electronically in a format specified by the CRTC, streamlining the process for efficient handling of registrations and updates.

For operators who began their online undertakings prior to the regulations taking effect, a transitional provision allows a grace period of 60 days from the regulations’ effective date to register their operations with the CRTC. This provision acknowledges the need for existing operators to comply without undue burden. The regulations are set to come into force on the day they are registered, with the CRTC’s enforcement ensuring that online broadcasting services adhere to Canadian laws, promoting fairness and transparency within the broadcasting sector.

By establishing a clear framework for registration, updating, and deregistration, the CRTC aims to enhance accountability among operators. Through these measures, the CRTC seeks to ensure that online broadcasting operates within a framework that supports public interest and regulatory oversight.

Canada (SOR/2023-203) October 11, 2023