Time Brokerage Agreement Template for Canada

A Time Brokerage Agreement is a specialized broadcasting contract governed by Canadian federal and provincial laws, particularly the Broadcasting Act and CRTC regulations. This agreement enables one party (the broker) to purchase discrete blocks of broadcast time from a licensed broadcasting station, allowing them to provide programming and sell advertising during these periods. The document details the specific time slots, programming requirements, regulatory compliance obligations, financial arrangements, and operational procedures while ensuring adherence to Canadian broadcasting standards and bilingual requirements where applicable.

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What is a Time Brokerage Agreement?

The Time Brokerage Agreement serves as a crucial document in the Canadian broadcasting industry, enabling efficient utilization of broadcast resources while maintaining regulatory compliance. This agreement is typically used when a licensed broadcasting station wishes to lease portions of its broadcast time to another party who will provide programming content and may sell advertising during these periods. The document must carefully balance commercial interests with strict CRTC regulatory requirements, including content standards, Canadian content rules, and language requirements where applicable. It includes detailed specifications about broadcast times, programming requirements, technical standards, and financial arrangements. The agreement is particularly relevant in markets where broadcasters seek to optimize revenue streams or provide specialized programming while maintaining ultimate control and responsibility for their licensed operations. This document type requires careful consideration of both federal and provincial regulations, with particular attention to the Broadcasting Act, Radio Regulations, and CRTC directives.

What sections should be included in a Time Brokerage Agreement?

1. Parties: Identification of the station licensee and the time broker, including full legal names and addresses

2. Background: Context of the agreement, including station details, licensing status, and purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including technical broadcasting terms and regulatory references

4. Grant of Broadcast Rights: Specific time periods granted, programming rights, and any restrictions on use

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Fees and Payment Terms: Compensation structure, payment schedule, and late payment consequences

7. Programming Requirements: Content standards, compliance with CRTC regulations, and programming restrictions

8. Regulatory Compliance: Obligations to comply with Broadcasting Act, CRTC regulations, and other applicable laws

9. Operating Procedures: Day-to-day operational requirements and protocols

10. Representations and Warranties: Standard assertions about authority, licensing, and capability to perform

11. Indemnification: Mutual protection against claims and losses

12. Insurance: Required insurance coverage and minimum limits

13. Termination: Grounds for termination, notice requirements, and post-termination obligations

14. General Provisions: Standard clauses including governing law, notices, assignment, and amendment procedures

What sections are optional to include in a Time Brokerage Agreement?

1. Equipment Access and Use: Include when broker needs access to station equipment or facilities

2. Staff and Personnel: Include when agreement involves shared staff or broker's personnel working at station

3. Production Services: Include when broker will produce content at the station's facilities

4. Emergency Programming: Include when specific provisions are needed for emergency broadcasts or pre-emption

5. Intellectual Property: Include when agreement involves creation or use of specific IP

6. Non-Competition: Include when parties want to restrict competitive activities

7. Language Requirements: Include specific bilingual programming requirements in relevant markets

8. Revenue Sharing: Include when arrangement involves sharing of advertising or other revenue

What schedules should be included in a Time Brokerage Agreement?

1. Schedule A - Broadcast Time Slots: Detailed listing of all time slots covered by the agreement

2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment structure, and any variable pricing

3. Schedule C - Programming Guidelines: Specific content requirements, prohibited content, and format specifications

4. Schedule D - Technical Requirements: Technical specifications for program delivery and broadcast

5. Schedule E - Compliance Requirements: Detailed CRTC and regulatory compliance requirements

6. Appendix 1 - Station Policies: Station's operating policies and procedures

7. Appendix 2 - Emergency Procedures: Protocols for emergency broadcasts and programming interruptions

8. Appendix 3 - Contact Information: Key personnel and emergency contacts for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use

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