Broadcasting Act (S.C. 1991, c. 11)

Act current to 2017-11-20 and last amended on 2014-12-16. Previous Versions

Marginal note:Regulations generally
  •  (1) The Commission may, in furtherance of its objects, make regulations

    • (a) respecting the proportion of time that shall be devoted to the broadcasting of Canadian programs;

    • (b) prescribing what constitutes a Canadian program for the purposes of this Act;

    • (c) respecting standards of programs and the allocation of broadcasting time for the purpose of giving effect to the broadcasting policy set out in subsection 3(1);

    • (d) respecting the character of advertising and the amount of broadcasting time that may be devoted to advertising;

    • (e) respecting the proportion of time that may be devoted to the broadcasting of programs, including advertisements or announcements, of a partisan political character and the assignment of that time on an equitable basis to political parties and candidates;

    • (f) prescribing the conditions for the operation of programming undertakings as part of a network and for the broadcasting of network programs, and respecting the broadcasting times to be reserved for network programs by any such undertakings;

    • (g) respecting the carriage of any foreign or other programming services by distribution undertakings;

    • (h) for resolving, by way of mediation or otherwise, any disputes arising between programming undertakings and distribution undertakings concerning the carriage of programming originated by the programming undertakings;

    • (i) requiring licensees to submit to the Commission such information regarding their programs and financial affairs or otherwise relating to the conduct and management of their affairs as the regulations may specify;

    • (j) respecting the audit or examination of the records and books of account of licensees by the Commission or persons acting on behalf of the Commission; and

    • (k) respecting such other matters as it deems necessary for the furtherance of its objects.

  • Marginal note:Application

    (2) A regulation made under this section may be made applicable to all persons holding licences or to all persons holding licences of one or more classes.

  • Marginal note:Publication of proposed regulation

    (3) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a reasonable opportunity shall be given to licensees and other interested persons to make representations to the Commission with respect thereto.

Marginal note:Regulations respecting licence fees
  •  (1) The Commission may make regulations

    • (a) with the approval of the Treasury Board, establishing schedules of fees to be paid by licensees of any class;

    • (b) providing for the establishment of classes of licensees for the purposes of paragraph (a);

    • (c) providing for the payment of any fees payable by a licensee, including the time and manner of payment;

    • (d) respecting the interest payable by a licensee in respect of any overdue fee; and

    • (e) respecting such other matters as it deems necessary for the purposes of this section.

  • Marginal note:Criteria

    (2) Regulations made under paragraph (1)(a) may provide for fees to be calculated by reference to any criteria that the Commission deems appropriate, including by reference to

    • (a) the revenues of the licensees;

    • (b) the performance of the licensees in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and

    • (c) the market served by the licensees.

  • Marginal note:Exceptions

    (3) No regulations made under subsection (1) shall apply to the Corporation or to licensees carrying on programming undertakings on behalf of Her Majesty in right of a province.

  • Marginal note:Debt due to Her Majesty

    (4) Fees payable by a licensee under this section and any interest thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • Marginal note:Publication of proposed regulations

    (5) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a reasonable opportunity shall be given to licensees and other interested persons to make representations to the Commission with respect thereto.

Marginal note:Inquiries
  •  (1) Where it appears to the Commission that

    • (a) any person has failed to do any act or thing that the person is required to do pursuant to this Part or to any regulation, licence, decision or order made or issued by the Commission under this Part, or has done or is doing any act or thing in contravention of this Part or of any such regulation, licence, decision or order,

    • (a.1) any person has done or is doing any act or thing in contravention of section 34.1, or

    • (b) the circumstances may require the Commission to make any decision or order or to give any approval that it is authorized to make or give under this Part or under any regulation or order made under this Part,

    the Commission may inquire into, hear and determine the matter.

  • Marginal note:Mandatory orders

    (2) The Commission may, by order, require any person to do, without delay or within or at any time and in any manner specified by the Commission, any act or thing that the person is or may be required to do under this Part or any regulation, licence, decision or order made or issued by the Commission under this Part and may, by order, forbid the doing or continuing of any act or thing that is contrary to this Part, to any such regulation, licence, decision or order or to section 34.1.

  • Marginal note:Referral to Commission

    (3) Where an inquiry under subsection (1) is heard by a panel established under subsection 20(1) and the panel issues an order pursuant to subsection (2) of this section, any person who is affected by the order may, within thirty days after the making thereof, apply to the Commission to reconsider any decision or finding made by the panel, and the Commission may rescind or vary any order or decision made by the panel or may re-hear any matter before deciding it.

  • 1991, c. 11, s. 12;
  • 2014, c. 39, s. 191.
Marginal note:Enforcement of mandatory orders
  •  (1) Any order made under subsection 12(2) may be made an order of the Federal Court or of any superior court of a province and is enforceable in the same manner as an order of the court.

  • Marginal note:Procedure

    (2) To make an order under subsection 12(2) an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Commission may file with the registrar of the court a certified copy of the order, and thereupon the order becomes an order of the court.

  • Marginal note:Effect of variation or rescission

    (3) Where an order that has been made an order of a court is rescinded or varied by a subsequent order of the Commission, the order of the court shall be deemed to have been cancelled and the subsequent order may, in the same manner, be made an order of the court.

Marginal note:Research
  •  (1) The Commission may undertake, sponsor, promote or assist in research relating to any matter within its jurisdiction under this Act and in so doing it shall, wherever appropriate, utilize technical, economic and statistical information and advice from the Corporation or departments or agencies of the Government of Canada.

  • Marginal note:Review of technical matters

    (2) The Commission shall review and consider any technical matter relating to broadcasting referred to the Commission by the Minister and shall make recommendations to the Minister with respect thereto.

Marginal note:Hearings and reports
  •  (1) The Commission shall, on request of the Governor in Council, hold hearings or make reports on any matter within the jurisdiction of the Commission under this Act.

  • Marginal note:Consultation

    (2) The Minister shall consult with the Commission with regard to any request proposed to be made by the Governor in Council under subsection (1).

Marginal note:Powers respecting hearings

 The Commission has, in respect of any hearing under this Part, with regard to the attendance, swearing and examination of witnesses at the hearing, the production and inspection of documents, the enforcement of its orders, the entry and inspection of property and other matters necessary or proper in relation to the hearing, all such powers, rights and privileges as are vested in a superior court of record.

 
Date modified: