Online Streaming Act (S.C. 2023, c. 8)
Full Document:
- HTMLFull Document: Online Streaming Act (Accessibility Buttons available) |
- PDFFull Document: Online Streaming Act [563 KB]
Assented to 2023-04-27
1991, c. 11Broadcasting Act (continued)
Marginal note:2014, c. 39, s. 191(1); 2019, c. 10, s. 161(1)
14 Subsection 12(1) of the Act is replaced by the following:
Marginal note:Inquiries
12 (1) The Commission may inquire into, hear and determine a matter if it appears to the Commission that
(a) any person is contravening or has contravened this Part or any regulation, licence, decision or order made or issued by the Commission under this Part;
(b) any person is contravening or has contravened section 34.1;
(c) any person is contravening or has contravened sections 42 to 44 of the Accessible Canada Act; or
(d) 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.
15 (1) Paragraph 18(1)(c) of the Act is replaced by the following:
(c) the establishing of any performance objectives for the purposes of paragraphs 11(2)(b) and 11.1(6)(b); and
(2) Subsection 18(2) of the Act is replaced by the following:
Marginal note:Public hearings — specific matters
(2) The Commission shall also hold a public hearing in connection with the following matters unless it is satisfied that such a hearing is not required in the public interest:
(a) the amendment or renewal of a licence;
(b) the making of an order under subsection 9.1(1) or 11.1(2); and
(c) the making of any regulation under this Act.
16 (1) Section 20 of the Act is amended by adding the following after subsection (1):
Marginal note:Appointments by Chairperson
(1.1) The Chairperson of the Commission may appoint members of the Commission to a panel if it is determined that the panel would otherwise have fewer than three members.
Marginal note:Exception — conflict of interest
(1.2) Members of the Commission may participate in any panel, unless this participation would place them in a conflict of interest.
(2) Subsection 20(4) of the Act is replaced by the following:
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), the orders made under section 9.1, the regulations made under sections 10 and 11 and the regulations and orders made under section 11.1.
17 Section 21 of the French version of the Act is replaced by the following:
Marginal note:Règles
21 Le Conseil peut établir des règles concernant l’instruction des affaires dont il est saisi, notamment la procédure applicable à la présentation des demandes d’attribution, de modification, de renouvellement, de suspension ou de révocation de licences, la présentation des observations et des plaintes et le déroulement des audiences.
18 Subsections 23(1) to (3) of the Act are replaced by the following:
Marginal note:Consultation between Commission and Corporation
23 (1) The Commission shall, at the request of the Corporation, consult with the Corporation with regard to any conditions that the Commission proposes to impose under subsection 9.1(1) — or with regard to any regulation or order that the Commission proposes to make under section 11.1 — that would apply with respect to the Corporation.
Marginal note:Reference to Minister
(2) If, despite the consultation provided for in subsection (1), the Commission imposes any condition, or makes any regulation or order, 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 30 days after the condition is imposed or the regulation or order is made, refer the condition, regulation or order to the Minister for consideration.
Marginal note:Ministerial directive
(3) Subject to subsection (4), the Minister may, within 90 days after a condition, regulation or order is referred to the Minister under subsection (2), issue to the Commission a written directive with respect to the condition, regulation or order and the Commission shall comply with any such directive issued by the Minister.
19 Paragraph 24(1)(a) of the Act is replaced by the following:
(a) the licensee has contravened any order made under subsection 9.1(1), 11.1(2) or 12(2) or any regulation made under this Part; or
20 Subsection 25(1) of the Act is replaced by the following:
Marginal note:Report of contravention by Corporation
25 (1) If the Commission is satisfied, after a public hearing on the matter, that the Corporation has contravened section 31.1, any order made under subsection 9.1(1), 11.1(2) or 12(2) or any regulation made under this Part, the Commission shall forward to the Minister a report setting out the circumstances of the contravention, the findings of the Commission and any observations or recommendations of the Commission in connection with the contravention.
21 The Act is amended by adding the following after section 25:
Provision of Information by Commission
Marginal note:Minister or Chief Statistician
25.1 The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission in respect of a broadcasting undertaking.
Marginal note:Access to information
25.2 Subject to section 25.3, the Commission shall proactively make available for public inspection any information submitted to the Commission in the course of proceedings before it.
Marginal note:Confidential information
25.3 (1) A person who submits any of the following information to the Commission may designate it as confidential:
(a) information that is a trade secret;
(b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
(c) information the disclosure of which could reasonably be expected
(i) to result in material financial loss or gain to any person,
(ii) to prejudice the competitive position of any person, or
(iii) to affect contractual or other negotiations of any person.
Marginal note:Information not to be disclosed
(2) Subject to subsections (4), (5) and (7), if a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is intended or likely to make it available for the use of any person who may benefit from the information or use it to the detriment of any person to whose business or affairs the information relates.
Marginal note:Persons who shall not disclose information
(3) Subsection (2) applies to any person referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the person has ceased to hold that office or be so employed:
(a) a member of, or a person employed by, the Commission;
(b) in respect of information disclosed under paragraph (4)(b) or (5)(b), the Commissioner of Competition appointed under the Competition Act or a person whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act;
(c) in respect of information provided under section 25.1, the Minister, the Chief Statistician of Canada or an agent of or a person employed in the federal public administration.
Marginal note:Disclosure of information submitted in proceedings
(4) If designated information is submitted in the course of proceedings before the Commission, the Commission may, while protecting the privacy of Canadians,
(a) disclose the information or require its disclosure if the Commission determines, after considering any representations from interested persons, that the disclosure is in the public interest; and
(b) disclose the information or require its disclosure to the Commissioner of Competition on the Commissioner’s request if the Commission determines that the information is relevant to competition issues being considered in the proceedings.
Marginal note:Disclosure of other information
(5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may, while protecting the privacy of Canadians,
(a) disclose the information or require its disclosure if, after considering any representations from interested persons, the Commission considers that the information is relevant to a matter arising in the exercise of its powers or the performance of its duties and functions and determines that the disclosure is in the public interest; and
(b) disclose the information or require its disclosure to the Commissioner of Competition, on the Commissioner’s request, if the Commission considers that the information is relevant to competition issues that are related to such a matter.
Marginal note:Information disclosed to Commissioner of Competition
(6) Neither the Commissioner of Competition nor any person whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act shall use information that is disclosed
(a) under paragraph (4)(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or
(b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5).
Marginal note:Information inadmissible
(7) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or for forgery, perjury or false declaration in relation to the submission of the information.
22 (1) Subsection 28(1) of the Act is replaced by the following:
Marginal note:Setting aside or referring decisions back to Commission
28 (1) If the Commission makes a decision under section 9 to issue, amend or renew a licence, the Governor in Council may, within 180 days after the date of the decision, on petition in writing of any person received within 45 days after that date or on the Governor in Council’s own motion, by order, set aside the decision or refer the decision back to the Commission for reconsideration and hearing of the matter by the Commission, if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in subsection 3(1).
(2) Paragraph 28(3)(b) of the Act is replaced by the following:
(b) rescind the issue of the licence and issue a licence to another person; or
(3) Subsections 28(4) and (5) of the Act are repealed.
23 (1) Subsection 29(1) of the Act is replaced by the following:
Marginal note:Filing of petitions
29 (1) Every person who petitions the Governor in Council under subsection 28(1) shall at the same time send a copy of the petition to the Commission.
(2) Subsection 29(3) of the English version of the Act is replaced by the following:
Marginal note:Register
(3) The Commission shall establish and maintain a public register in which shall be kept a copy of each petition received by the Commission.
24 The Act is amended by adding the following after section 31:
Prohibition
Marginal note:Carrying on broadcasting undertaking
31.1 (1) A person shall not carry on a broadcasting undertaking unless
(a) they do so in accordance with a licence issued to them; or
(b) they are exempt, under an order made under subsection 9(4), from the requirement to hold a licence.
Marginal note:Exception — online undertaking
(2) Despite subsection (1), a person may carry on an online undertaking without a licence and without being so exempt.
- Date modified: