Broadcasting Act (S.C. 1991, c. 11)

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

Marginal note:Contravention of conditions of licence

 Every person who contravenes or fails to comply with any condition of a licence issued to the person is guilty of an offence punishable on summary conviction.

Marginal note:Limitation

 Proceedings for an offence under subsection 32(2) or section 33, may be instituted within, but not after, two years after the time when the subject-matter of the proceedings arose.

PART II.1Offence — Paper Bill

Marginal note:Prohibition

 No person who carries on a broadcasting undertaking shall charge a subscriber for providing the subscriber with a paper bill.

  • 2014, c. 39, s. 192.
Marginal note:Offence

 Every person who contravenes section 34.1 is guilty of an offence punishable on summary conviction and is liable

  • (a) in the case of an individual, to a fine not exceeding $25,000 for a first offence and not exceeding $50,000 for each subsequent offence; or

  • (b) in the case of a corporation, to a fine not exceeding $250,000 for a first offence and not exceeding $500,000 for each subsequent offence.

  • 2014, c. 39, s. 192.
Marginal note:Limitation

 No proceedings for an offence under section 34.2 are to be instituted more than two years after the time when the subject-matter of the proceedings arose.

  • 2014, c. 39, s. 192.

PART IIICanadian Broadcasting Corporation

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    auditor

    vérificateur

    auditor means the auditor of the Corporation; (vérificateur)

    Board

    conseil d’administration

    Board means the Board of Directors of the Corporation; (conseil d’administration)

    Chairperson

    président du conseil

    Chairperson means the Chairperson of the Board; (président du conseil)

    director

    administrateur

    director means a director of the Corporation; (administrateur)

    President

    président-directeur général

    President means the President of the Corporation; (président-directeur général)

    wholly-owned subsidiary

    filiale à cent pour cent

    wholly-owned subsidiary has the same meaning as in Part X of the Financial Administration Act. (filiale à cent pour cent)

  • Marginal note:Interpretation

    (2) This Part shall be interpreted and applied so as to protect and enhance the freedom of expression and the journalistic, creative and programming independence enjoyed by the Corporation in the pursuit of its objects and in the exercise of its powers.

Continuation of Corporation

Marginal note:Corporation continued
  •  (1) The corporation known as the Canadian Broadcasting Corporation is hereby continued and shall consist of those directors who from time to time compose the Board.

  • Marginal note:Board of Directors

    (2) There shall be a Board of Directors of the Corporation consisting of twelve directors, including the Chairperson and the President, to be appointed by the Governor in Council.

  • Marginal note:Tenure

    (3) A director shall be appointed to hold office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (4) Subject to section 38, the Chairperson and the President are eligible for re-appointment on the expiration of any term of office but any other director who has served two consecutive terms is not, during the twelve months following the completion of the second term, eligible for appointment, except as Chairperson or President.

  • Marginal note:Continuation in office

    (5) Notwithstanding subsections (3) and (4), if a director is not appointed to take office on the expiration of the term of office of an incumbent director, the incumbent director continues in office until a successor is appointed.

  • 1991, c. 11, s. 36;
  • 1995, c. 29, s. 4.
Marginal note:Oath of office

 Every director shall, before entering on the director’s duties, take and subscribe, before the Clerk of the Privy Council, an oath or solemn affirmation, which shall be filed in the office of the Clerk, in the following form:

I, , do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of . (Add, in the case where an oath is taken, “So help me God”.)

Marginal note:Outside interests of directors
  •  (1) A person is not eligible to be appointed or to continue as a director if the person is not a Canadian citizen who is ordinarily resident in Canada or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person

    • (a) is engaged in the operation of a broadcasting undertaking;

    • (b) has any pecuniary or proprietary interest in a broadcasting undertaking; or

    • (c) is principally engaged in the production or distribution of program material that is primarily intended for use by a broadcasting undertaking.

  • Marginal note:Disposing of interest

    (2) A director in whom any interest prohibited by subsection (1) vests by will or succession for the director’s own benefit shall, within three months thereafter, absolutely dispose of that interest.

Marginal note:Responsibility of directors

 Subject to this Part, the Board is responsible for the management of the businesses, activities and other affairs of the Corporation.

Marginal note:Accountability of Corporation to Parliament

 The Corporation is ultimately accountable, through the Minister, to Parliament for the conduct of its affairs.

Chairperson

Marginal note:Powers, duties and functions
  •  (1) The Chairperson shall preside at meetings of the Board and may exercise such powers and shall perform such other duties and functions as are assigned to the Chairperson by the by-laws of the Corporation.

  • Marginal note:Part-time

    (2) The Chairperson shall perform the duties and functions of the office on a part-time basis.

  • Marginal note:Absence, incapacity or vacancy of office

    (3) If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the President shall act as Chairperson, and if both are absent or incapacitated or if both those offices are vacant, the Board may authorize a director to act as Chairperson, but no person so authorized by the Board has authority to act as Chairperson for a period exceeding sixty days without the approval of the Governor in Council.

President

Marginal note:Powers, duties and functions
  •  (1) The President is the chief executive officer of the Corporation and has supervision over and direction of the work and staff of the Corporation and may exercise such powers and shall perform such other duties and functions as are assigned to the President by the by-laws of the Corporation.

  • Marginal note:Full-time

    (2) The President shall perform the duties and functions of the office on a full-time basis.

  • Marginal note:Absence, incapacity or vacancy of office

    (3) If the President is absent or incapacitated or if the office of President is vacant, the Board may authorize an officer of the Corporation to act as President, but no person so authorized by the Board has authority to act as President for a period exceeding sixty days without the approval of the Governor in Council.

Remuneration

Marginal note:Chairperson’s and President’s remuneration
  •  (1) The Chairperson and the President shall be paid by the Corporation remuneration at the rate fixed by the Governor in Council.

  • Marginal note:Fees of other directors

    (2) Each director, other than the Chairperson and the President, shall be paid by the Corporation such fees for attendance at meetings of the Board or any committee of directors as are fixed by the by-laws of the Corporation.

  • Marginal note:Expenses

    (3) Each director is entitled to be paid by the Corporation such travel and living expenses incurred by the director in the performance of the duties of that director as are fixed by the by-laws of the Corporation.

 
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