Broadcasting Act (S.C. 1991, c. 11)

Act current to 2017-07-03 and last amended on 2014-12-16. Previous Versions

Marginal note:Authority re questions of fact or law

 The Commission has authority to determine questions of fact or law in relation to any matter within its jurisdiction under this Act.

Hearings and Procedure

Marginal note:Where public hearing required
  •  (1) Except where otherwise provided, the Commission shall hold a public hearing in connection with

    • (a) the issue of a licence, other than a licence to carry on a temporary network operation;

    • (b) the suspension or revocation of a licence;

    • (c) the establishing of any performance objectives for the purposes of paragraph 11(2)(b); and

    • (d) the making of an order under subsection 12(2).

  • Marginal note:Idem

    (2) The Commission shall hold a public hearing in connection with the amendment or renewal of a licence unless it is satisfied that such a hearing is not required in the public interest.

  • Marginal note:Where public hearing in Commission’s discretion

    (3) The Commission may hold a public hearing, make a report, issue any decision and give any approval in connection with any complaint or representation made to the Commission or in connection with any other matter within its jurisdiction under this Act if it is satisfied that it would be in the public interest to do so.

  • Marginal note:Place of hearing

    (4) A public hearing under this section may be held at such place in Canada as the Chairperson of the Commission may designate.

  • 1991, c. 11, s. 18;
  • 2001, c. 34, s. 32(E).
Marginal note:Notice of hearing

 The Commission shall cause notice of

  • (a) any application received by it for the issue, amendment or renewal of a licence, other than a licence to carry on a temporary network operation,

  • (b) any decision made by it to issue, amend or renew a licence, and

  • (c) any public hearing to be held by it under section 18

to be published in the Canada Gazette and in one or more newspapers of general circulation within any area affected or likely to be affected by the application, decision or matter to which the public hearing relates.

Marginal note:Panels of Commission
  •  (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission.

  • Marginal note:Powers

    (2) A panel that is established under subsection (1) has and may exercise all the powers and may perform all the duties and functions of the Commission in relation to any matter before the panel.

  • Marginal note:Decision

    (3) A decision of a majority of the members of a panel established under subsection (1) is a decision of the panel.

  • Marginal note:Consultation

    (4) The members of a panel established under subsection (1) shall consult with the Commission, and may consult with any officer of the Commission, for the purpose of ensuring a consistency of interpretation of the broadcasting policy set out in subsection 3(1), the regulatory policy set out in subsection 5(2) and the regulations made by the Commission under sections 10 and 11.

  • 1991, c. 11, s. 20;
  • 2001, c. 34, s. 32(E);
  • 2010, c. 12, s. 1710.
Marginal note:Rules

 The Commission may make rules

  • (a) respecting the procedure for making applications for licences, or for the amendment, renewal, suspension or revocation thereof, and for making representations and complaints to the Commission; and

  • (b) respecting the conduct of hearings and generally respecting the conduct of the business of the Commission in relation to those hearings.

Licences

Marginal note:Conditions governing issue, amendment and renewal
  •  (1) No licence shall be issued, amended or renewed under this Part

    • (a) if the issue, amendment or renewal of the licence is in contravention of a direction to the Commission issued by the Governor in Council under subsection 26(1); and

    • (b) subject to subsection (2), unless the Minister of Industry certifies to the Commission that the applicant for the issue, amendment or renewal of the licence

      • (i) has satisfied the requirements of the Radiocommunication Act and the regulations made under that Act, and

      • (ii) has been or will be issued a broadcasting certificate with respect to the radio apparatus that the applicant would be entitled to operate under the licence.

  • Marginal note:Exception

    (2) The requirement set out in paragraph (1)(b) does not apply in respect of radio apparatus, or any class thereof, prescribed under paragraph 6(1)(m) of the Radiocommunication Act.

  • Marginal note:Suspension or revocation of broadcasting certificate

    (3) No licence is of any force or effect during any period when the broadcasting certificate issued under the Radiocommunication Act with respect to the radio apparatus that the holder of the licence is entitled to operate under that Act is suspended or revoked.

  • Marginal note:Issue, etc., contravening this section

    (4) Any licence issued, amended or renewed in contravention of this section is of no force or effect.

  • 1991, c. 11, s. 22;
  • 1995, c. 1, s. 31.
Marginal note:Consultation between Commission and Corporation
  •  (1) The Commission shall, at the request of the Corporation, consult with the Corporation with regard to any conditions that the Commission proposes to attach to any licence issued or to be issued to the Corporation.

  • Marginal note:Reference to Minister

    (2) If, notwithstanding the consultation provided for in subsection (1), the Commission attaches any condition to a licence referred to in subsection (1) that the Corporation is satisfied would unreasonably impede the Corporation in providing the programming contemplated by paragraphs 3(1)(l) and (m), the Corporation may, within thirty days after the decision of the Commission, refer the condition to the Minister for consideration.

  • Marginal note:Ministerial directive

    (3) Subject to subsection (4), the Minister may, within ninety days after a condition is referred to the Minister under subsection (2), issue to the Commission a written directive with respect to the condition and the Commission shall comply with any such directive issued by the Minister.

  • Marginal note:Consultation

    (4) The Minister shall consult with the Commission and with the Corporation before issuing a directive under subsection (3).

  • Marginal note:Publication and tabling of directive

    (5) A directive issued by the Minister under subsection (3) shall be published forthwith in the Canada Gazette and shall be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued.

Marginal note:Conditions governing suspension and revocation
  •  (1) No licence shall be suspended or revoked under this Part unless the licensee applies for or consents to the suspension or revocation or, in any other case, unless, after a public hearing in accordance with section 18, the Commission is satisfied that

    • (a) the licensee has contravened or failed to comply with any condition of the licence or with any order made under subsection 12(2) or any regulation made under this Part; or

    • (b) the licence was, at any time within the two years immediately preceding the date of publication in the Canada Gazette of the notice of the public hearing, held by a person to whom the licence could not have been issued at that time by virtue of a direction to the Commission issued by the Governor in Council under this Act.

  • Marginal note:Licences of Corporation

    (2) No licence issued to the Corporation that is referred to in the schedule may be suspended or revoked under this Part except on application of or with the consent of the Corporation.

  • Marginal note:Publication of decision

    (3) A copy of a decision of the Commission relating to the suspension or revocation of a licence, together with written reasons for the decision, shall, forthwith after the making of the decision, be forwarded by prepaid registered mail to all persons who were heard at or made any oral representations in connection with the hearing held under subsection (1), and a summary of the decision and of the reasons for the decision shall, at the same time, be published in the Canada Gazette and in one or more newspapers of general circulation within any area affected or likely to be affected by the decision.

 
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