Marginal note:Conditions

• 9.1 (1) The Commission may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting

  • (a) the proportion of programs to be broadcast that shall be Canadian programs and the proportion of time that shall be devoted to the broadcasting of Canadian programs;

  • (b) the proportion of Canadian programs to be broadcast that shall be original French language programs, including first-run programs;

  • (c) the proportion of programs to be broadcast that shall be original French language programs;

  • (d) the proportion of programs to be broadcast that shall be devoted to specific genres, in order to ensure the diversity of programming;

  • (e) the presentation of programs and programming services for selection by the public, including the showcasing and the discoverability of Canadian programs and programming services, such as original French language programs;

  • (f) a requirement for a person carrying on a broadcasting undertaking, other than an online undertaking, to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier, as defined in the Telecommunications Act, for the distribution of programming directly to the public;

  • (g) a requirement for a person carrying on a distribution undertaking to give priority to the carriage of broadcasting;

  • (h) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services, specified by the Commission, that are provided by a broadcasting undertaking;

  • (i) a requirement, without terms or conditions, for a person carrying on an online undertaking that provides the programming services of other broadcasting undertakings in a manner that is similar to a distribution undertaking to carry programming services, specified by the Commission, that are provided by a broadcasting undertaking;

  • (j) terms and conditions of service in contracts between distribution undertakings and their subscribers;

  • (k) access by persons with disabilities to programming, including the identification, prevention and removal of barriers to such access;

  • (l) the carriage of emergency messages;

  • (m) any change in the ownership or control of a broadcasting undertaking that is required to be carried on under a licence;

  • (n) the provision to the Commission, by licensees or persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to

    • (i) the ownership, governance and control of those licensees or exempt persons, and

    • (ii) the affiliation of those licensees or exempt persons with any affiliates carrying on broadcasting undertakings;

  • (o) the provision to the Commission, by persons carrying on broadcasting undertakings, of any other information that the Commission considers necessary for the administration of this Act, including

    • (i) financial or commercial information,

    • (ii) information related to programming,

    • (iii) information related to expenditures made under section 11.1, and

    • (iv) information related to audience measurement, other than information that could identify any individual audience member; and

  • (p) continued ownership and control by Canadians of Canadian broadcasting undertakings.

• Marginal note:Application

  (2) An order made under this section may be made applicable to all persons carrying on broadcasting undertakings, to all persons carrying on broadcasting undertakings of any class established by the Commission in the order or to a particular person carrying on a broadcasting undertaking.

• Marginal note:Non-application

  (3) The Statutory Instruments Act does not apply to orders made under this section.

• Marginal note:Publication and representations

  (4) A copy of each order that the Commission proposes to make under this section shall be published on the Commission’s website 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 proposed order.

• Marginal note:Publication

  (5) The Commission shall publish each order that is made under this section on its website.

• Marginal note:Programming control

  (6) Orders made under any of paragraphs (1)(a) to (d) apply only in respect of programs over which a person who carries on a broadcasting undertaking has programming control.

• Marginal note:Canadian original French language programs

  (7) In making an order under paragraph (1)(c), the Commission shall ensure that Canadian original French language programs represent a significant proportion of the original French language programs to be broadcast.

• Marginal note:Restriction — computer algorithm or source code

  (8) The Commission shall not make an order under paragraph (1)(e) that would require the use of a specific computer algorithm or source code.

• Marginal note:Good faith negotiation

  (9) The person carrying on an online undertaking to whom an order made under paragraph (1)(i) applies and the person carrying on the broadcasting undertaking whose programming services are specified in the order shall negotiate the terms for the carriage of the programming services in good faith.

• Marginal note:Facilitation

  (10) The Commission may facilitate those negotiations at the request of either party to the negotiations.