Broadcasting Act (S.C. 1991, c. 11)

Act current to 2016-06-06 and last amended on 2014-12-16. Previous Versions

Application

Marginal note:Binding on Her Majesty
  •  (1) This Act is binding on Her Majesty in right of Canada or a province.

  • Marginal note:Application generally

    (2) This Act applies in respect of broadcasting undertakings carried on in whole or in part within Canada or on board

    • (a) any ship, vessel or aircraft that is

      • (i) registered or licensed under an Act of Parliament, or

      • (ii) owned by, or under the direction or control of, Her Majesty in right of Canada or a province;

    • (b) any spacecraft that is under the direction or control of

      • (i) Her Majesty in right of Canada or a province,

      • (ii) a citizen or resident of Canada, or

      • (iii) a corporation incorporated or resident in Canada; or

    • (c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.

  • Marginal note:For greater certainty

    (3) For greater certainty, this Act applies in respect of broadcasting undertakings whether or not they are carried on for profit or as part of, or in connection with, any other undertaking or activity.

  • Marginal note:Idem

    (4) For greater certainty, this Act does not apply to any telecommunications common carrier, as defined in the Telecommunications Act, when acting solely in that capacity.

  • 1991, c. 11, s. 4;
  • 1993, c. 38, s. 82;
  • 1996, c. 31, s. 57.

PART IIObjects and Powers of the Commission in Relation to Broadcasting

Objects

Marginal note:Objects
  •  (1) Subject to this Act and the Radiocommunication Act and to any directions to the Commission issued by the Governor in Council under this Act, the Commission shall regulate and supervise all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in subsection 3(1) and, in so doing, shall have regard to the regulatory policy set out in subsection (2).

  • Marginal note:Regulatory policy

    (2) The Canadian broadcasting system should be regulated and supervised in a flexible manner that

    • (a) is readily adaptable to the different characteristics of English and French language broadcasting and to the different conditions under which broadcasting undertakings that provide English or French language programming operate;

    • (b) takes into account regional needs and concerns;

    • (c) is readily adaptable to scientific and technological change;

    • (d) facilitates the provision of broadcasting to Canadians;

    • (e) facilitates the provision of Canadian programs to Canadians;

    • (f) does not inhibit the development of information technologies and their application or the delivery of resultant services to Canadians; and

    • (g) is sensitive to the administrative burden that, as a consequence of such regulation and supervision, may be imposed on persons carrying on broadcasting undertakings.

  • Marginal note:Conflict

    (3) The Commission shall give primary consideration to the objectives of the broadcasting policy set out in subsection 3(1) if, in any particular matter before the Commission, a conflict arises between those objectives and the objectives of the regulatory policy set out in subsection (2).

  • Marginal note:Employment equity

    (4) Where a broadcasting undertaking is subject to the Employment Equity Act, the powers granted to the Commission under this Act do not extend to the regulation or supervision of matters concerning employment equity in relation to that broadcasting undertaking.

  • 1991, c. 11, s. 5;
  • 1995, c. 44, s. 46.
Marginal note:Policy guidelines and statements

 The Commission may from time to time issue guidelines and statements with respect to any matter within its jurisdiction under this Act, but no such guidelines or statements issued by the Commission are binding on the Commission.

Marginal note:Policy directions
  •  (1) Subject to subsection (2) and section 8, the Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to

    • (a) any of the objectives of the broadcasting policy set out in subsection 3(1); or

    • (b) any of the objectives of the regulatory policy set out in subsection 5(2).

  • Marginal note:Exception

    (2) No order may be made under subsection (1) in respect of the issuance of a licence to a particular person or in respect of the amendment, renewal, suspension or revocation of a particular licence.

  • Marginal note:Directions binding

    (3) An order made under subsection (1) is binding on the Commission beginning on the day on which the order comes into force and, subject to subsection (4), shall, if it so provides, apply with respect to any matter pending before the Commission on that day.

  • Marginal note:Exception

    (4) No order made under subsection (1) may apply with respect to a licensing matter pending before the Commission where the period for the filing of interventions in the matter has expired unless that period expired more than one year before the coming into force of the order.

  • Marginal note:Publication and tabling

    (5) A copy of each order made under subsection (1) shall be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the making of the order.

  • Marginal note:Consultation

    (6) The Minister shall consult with the Commission before the Governor in Council makes an order under subsection (1).

Marginal note:Procedure for issuance of policy directions
  •  (1) Where the Governor in Council proposes to make an order under section 7, the Minister shall cause the proposed order to be

    • (a) published by notice in the Canada Gazette, which notice shall invite interested persons to make representations to the Minister with respect to the proposed order; and

    • (b) laid before each House of Parliament.

  • Marginal note:Referral to committee

    (2) Where a proposed order is laid before a House of Parliament pursuant to subsection (1), it shall stand referred to such committee thereof as the House considers appropriate to deal with the subject-matter of the order.

  • Marginal note:Implementation of proposal

    (3) The Governor in Council may, after the expiration of forty sitting days of Parliament after a proposed order is laid before both Houses of Parliament in accordance with subsection (1), implement the proposal by making an order under section 7, either in the form proposed or revised in such manner as the Governor in Council deems advisable.

  • Marginal note:Consultation

    (4) The Minister shall consult with the Commission before a proposed order is published or is laid before a House of Parliament under subsection (1).

  • Definition of sitting day of Parliament

    (5) In this section, sitting day of Parliament means a day on which either House of Parliament sits.

General Powers

Marginal note:Licences, etc.
  •  (1) Subject to this Part, the Commission may, in furtherance of its objects,

    • (a) establish classes of licences;

    • (b) issue licences for such terms not exceeding seven years and subject to such conditions related to the circumstances of the licensee

      • (i) as the Commission deems appropriate for the implementation of the broadcasting policy set out in subsection 3(1), and

      • (ii) in the case of licences issued to the Corporation, as the Commission deems consistent with the provision, through the Corporation, of the programming contemplated by paragraphs 3(1)(l) and (m);

    • (c) amend any condition of a licence on application of the licensee or, where five years have expired since the issuance or renewal of the licence, on the Commission’s own motion;

    • (d) issue renewals of licences for such terms not exceeding seven years and subject to such conditions as comply with paragraph (b);

    • (e) suspend or revoke any licence;

    • (f) require any licensee to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier for the distribution of programming directly to the public using the facilities of that common carrier;

    • (g) require any licensee who is authorized to carry on a distribution undertaking to give priority to the carriage of broadcasting; and

    • (h) require any licensee who is authorized to carry on a distribution undertaking to carry, on such terms and conditions as the Commission deems appropriate, programming services specified by the Commission.

  • Marginal note:Restrictions re conditions

    (2) Notwithstanding subsections (1) and 28(3), no licence of a distribution undertaking may be made subject to a condition that requires the licensee to substitute replacement material for commercial messages carried in a broadcasting signal received by that licensee.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in respect of a condition of a licence renewed after October 4, 1987 where before that date the licensee was complying with such a condition.

  • Marginal note:Exemptions

    (4) The Commission shall, by order, on such terms and conditions as it deems appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all of the requirements of this Part or of a regulation made under this Part where the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).

  • 1991, c. 11, s. 9;
  • 1994, c. 26, s. 10(F).
 
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