Online Streaming Act (S.C. 2023, c. 8)

• 10 (1) The portion of subsection 10(1) of the French version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Règlements

  • 10 (1) Dans l’exécution de sa mission, le Conseil peut prendre des règlements :

• (2) Paragraph 10(1)(a) of the Act is repealed.

• (3) Paragraph 10(1)(b) of the French version of the Act is replaced by the following:

  • b) définissant « émission canadienne » pour l’application de la présente loi;

• (4) Paragraph 10(1)(c) of the Act is replaced by the following:

  • (c) respecting standards for programs over which a person carrying on a broadcasting undertaking has programming control and the allocation of broadcasting time, for the purpose of giving effect to the broadcasting policy set out in subsection 3(1);

• (5) Paragraph 10(1)(d) of the French version of the Act is replaced by the following:

  • d) concernant la nature de la publicité et le temps d’antenne qui peut y être consacré;

• (6) Paragraph 10(1)(e) of the Act is replaced by the following:

  • (e) respecting, in relation to a broadcasting undertaking other than an online undertaking, 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;

• (7) Paragraphs 10(1)(f) to (h) of the French version of the Act are replaced by the following:

  • f) prescrivant les conditions d’exploitation des entreprises de programmation faisant partie d’un réseau ainsi que les conditions de radiodiffusion des émissions de réseau et concernant le temps d’antenne à réserver à celles-ci par ces entreprises;

  • g) concernant la fourniture de services de programmation — même étrangers — par les entreprises de distribution;

  • h) pourvoyant au règlement — notamment par la médiation — de différends concernant la fourniture de programmation et survenant entre les entreprises de programmation qui la transmettent et les entreprises de distribution;

• (8) Paragraphs 10(1)(i) and (j) of the Act are replaced by the following:

  • (h.1) respecting unjust discrimination by a person carrying on a broadcasting undertaking and undue or unreasonable preference given, or undue or unreasonable disadvantage imposed, by such a person;

  • (i) respecting the registration of broadcasting undertakings with the Commission;

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

• (9) Paragraph 10(1)(k) of the French version of the Act is replaced by the following:

  • k) concernant toute autre mesure qu’il estime nécessaire à l’exécution de sa mission.

• (10) Subsections 10(2) and (3) of the Act are replaced by the following:

  • Marginal note:Regulations — Canadian programs

    (1.1) In making regulations under paragraph (1)(b), the Commission shall consider the following matters:

    • (a) whether Canadians, including independent producers, have a right or interest in relation to a program, including copyright, that allows them to control and benefit in a significant and equitable manner from the exploitation of the program;

    • (b) whether key creative positions in the production of a program are primarily held by Canadians;

    • (c) whether a program furthers Canadian artistic and cultural expression;

    • (d) the extent to which persons carrying on online undertakings or programming undertakings collaborate with independent Canadian producers, with persons carrying on Canadian broadcasting undertakings producing their own programs, with producers associated with Canadian broadcasting undertakings or with any other person involved in the Canadian program production industry, including Canadian owners of copyright in musical works or in sound recordings; and

    • (e) any other matter that may be prescribed by regulation.

  • Marginal note:Regulations

    (1.2) The Governor in Council may make regulations prescribing matters that the Commission is required to consider under paragraph (1.1)(e).

  • Marginal note:Application

    (2) A regulation made under subsection (1) may be made applicable to all persons carrying on broadcasting undertakings or to all persons carrying on broadcasting undertakings of any class established by the Commission in the regulation.

  • Marginal note:Publication and representations

    (3) A copy of each regulation that the Commission proposes to make under subsection (1) shall be published in the Canada Gazette and a reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the regulation.

11 The Act is amended by adding the following after section 10:

• 12 (1) The portion of subsection 11(1) of the French version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Règlements : droits

  • 11 (1) Le Conseil peut prendre des règlements :

• (2) Paragraphs 11(1)(a) to (d) of the Act are replaced by the following:

  • (a) with the approval of the Treasury Board, establishing schedules of fees to be paid by persons carrying on broadcasting undertakings of any class;

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

  • (c) providing for the payment of any fees payable by a person carrying on a broadcasting undertaking, including the time and manner of payment;

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

• (3) Paragraph 11(1)(e) of the French version of the Act is replaced by the following:

  • e) concernant toute autre mesure d’application du présent article qu’il estime nécessaire.

• (4) The portion of subsection 11(2) of the English version of the Act before paragraph (a) is replaced by the following:

  • 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 considers appropriate, including by reference to

• (5) Paragraph 11(2)(a) of the Act is replaced by the following:

  • (a) the revenues of the persons carrying on broadcasting undertakings;

• (6) Paragraph 11(2)(b) of the English version of the Act is replaced by the following:

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

• (7) Paragraph 11(2)(c) of the Act is replaced by the following:

  • (c) the market served by the persons carrying on broadcasting undertakings.

• (8) Subsection 11(3) of the Act is replaced by the following:

  • Marginal note:Exceptions

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

  • Marginal note:Restriction — non-licensees

    (3.1) The only fees that may be established with respect to a broadcasting undertaking shall be fees that relate to the recovery of the costs of the Commission’s activities under this Act.

• (9) Subsection 11(4) of the English version of the Act is replaced by the following:

  • Marginal note:Debt due to Her Majesty

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

• (10) Subsection 11(5) of the Act is replaced by the following:

  • Marginal note:Publication and representations

    (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 persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the regulation.

13 The Act is amended by adding the following after section 11: