5 (1) Paragraph 5(2)(a) of the Act is replaced by the following:
(a) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate — including the minority context of French in North America — and the specific needs and interests of official language minority communities in Canada and of Indigenous peoples;
(a.1) takes into account the nature and diversity of the services provided by broadcasting undertakings, as well as their size, their impact on the Canadian creation and production industry, particularly with respect to employment in Canada and Canadian programming, their contribution to the implementation of the broadcasting policy set out in subsection 3(1) and any other characteristic that may be relevant in the circumstances;
(a.2) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner;
(1.1) Paragraph 5(2)(c) of the Act is replaced by the following:
(c) promotes innovation and is readily adaptable to scientific and technological change;
(2) Paragraph 5(2)(e) of the Act is replaced by the following:
(e) facilitates the provision to Canadians of Canadian programs created and produced in both official languages, including those created and produced by official language minority communities in Canada, as well as in Indigenous languages;
(e.1) facilitates the provision of programs that are accessible without barriers to persons with disabilities;
(e.2) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities;
(3) Subsection 5(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (g):
(g.1) protects the privacy of individuals who are members of the audience for programs broadcast by broadcasting undertakings; and
(h) takes into account the variety of broadcasting undertakings to which this Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).