Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Notice of hearing

19 The Commission shall cause notice of

• (a) any application received by it for the issue, amendment or renewal of a licence, other than a licence to carry on a temporary network operation,

• (b) any decision made by it to issue, amend or renew a licence, and

• (c) any public hearing to be held by it under section 18

to be published in the Canada Gazette and in one or more newspapers of general circulation within any area affected or likely to be affected by the application, decision or matter to which the public hearing relates.

Marginal note:Panels of Commission

• 20 (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission.

• Marginal note:Powers

  (2) A panel that is established under subsection (1) has and may exercise all the powers and may perform all the duties and functions of the Commission in relation to any matter before the panel.

• Marginal note:Decision

  (3) A decision of a majority of the members of a panel established under subsection (1) is a decision of the panel.

• 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) and the regulations made by the Commission under sections 10 and 11.

Marginal note:Rules

21 The Commission may make rules

• (a) respecting the procedure for making applications for licences, or for the amendment, renewal, suspension or revocation thereof, and for making representations and complaints to the Commission; and

• (b) respecting the conduct of hearings and generally respecting the conduct of the business of the Commission in relation to those hearings.

Licences

Marginal note:Conditions governing issue, amendment and renewal

• 22 (1) No licence shall be issued, amended or renewed under this Part

  • (a) if the issue, amendment or renewal of the licence is in contravention of a direction to the Commission issued by the Governor in Council under subsection 26(1); and

  • (b) subject to subsection (2), unless the Minister of Industry certifies to the Commission that the applicant for the issue, amendment or renewal of the licence

    • (i) has satisfied the requirements of the Radiocommunication Act and the regulations made under that Act, and

    • (ii) has been or will be issued a broadcasting certificate with respect to the radio apparatus that the applicant would be entitled to operate under the licence.

• Marginal note:Exception

  (2) The requirement set out in paragraph (1)(b) does not apply in respect of radio apparatus, or any class thereof, prescribed under paragraph 6(1)(m) of the Radiocommunication Act.

• Marginal note:Suspension or revocation of broadcasting certificate

  (3) No licence is of any force or effect during any period when the broadcasting certificate issued under the Radiocommunication Act with respect to the radio apparatus that the holder of the licence is entitled to operate under that Act is suspended or revoked.

• Marginal note:Issue, etc., contravening this section

  (4) Any licence issued, amended or renewed in contravention of this section is of no force or effect.

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 attach to any licence issued or to be issued to the Corporation.

• Marginal note:Reference to Minister

  (2) If, notwithstanding the consultation provided for in subsection (1), the Commission attaches any condition to a licence 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 thirty days after the decision of the Commission, refer the condition to the Minister for consideration.

• Marginal note:Ministerial directive

  (3) Subject to subsection (4), the Minister may, within ninety days after a condition is referred to the Minister under subsection (2), issue to the Commission a written directive with respect to the condition and the Commission shall comply with any such directive issued by the Minister.

• Marginal note:Consultation

  (4) The Minister shall consult with the Commission and with the Corporation before issuing a directive under subsection (3).

• Marginal note:Publication and tabling of directive

  (5) A directive issued by the Minister under subsection (3) shall be published forthwith in the Canada Gazette and shall be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued.

Marginal note:Conditions governing suspension and revocation

• 24 (1) No licence shall be suspended or revoked under this Part unless the licensee applies for or consents to the suspension or revocation or, in any other case, unless, after a public hearing in accordance with section 18, the Commission is satisfied that

  • (a) the licensee has contravened or failed to comply with any condition of the licence or with any order made under subsection 12(2) or any regulation made under this Part; or

  • (b) the licence was, at any time within the two years immediately preceding the date of publication in the Canada Gazette of the notice of the public hearing, held by a person to whom the licence could not have been issued at that time by virtue of a direction to the Commission issued by the Governor in Council under this Act.

• Marginal note:Licences of Corporation

  (2) No licence issued to the Corporation that is referred to in the schedule may be suspended or revoked under this Part except on application of or with the consent of the Corporation.

• Marginal note:Publication of decision

  (3) A copy of a decision of the Commission relating to the suspension or revocation of a licence, together with written reasons for the decision, shall, forthwith after the making of the decision, be forwarded by prepaid registered mail to all persons who were heard at or made any oral representations in connection with the hearing held under subsection (1), and a summary of the decision and of the reasons for the decision shall, at the same time, be published in the Canada Gazette and in one or more newspapers of general circulation within any area affected or likely to be affected by the decision.

Marginal note:Report of alleged contravention or non-compliance by Corporation

• 25 (1) Where the Commission is satisfied, after a public hearing on the matter, that the Corporation has contravened or failed to comply with any condition of a licence referred to in the schedule, any order made under subsection 12(2) or any regulation made under this Part, the Commission shall forward to the Minister a report setting out the circumstances of the alleged contravention or failure, the findings of the Commission and any observations or recommendations of the Commission in connection therewith.

• Marginal note:Report to be tabled

  (2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is received by the Minister.

General Powers of the Governor in Council

Marginal note:Directions

• 26 (1) The Governor in Council may, by order, issue directions to the Commission

  • (a) respecting the maximum number of channels or frequencies for the use of which licences may be issued within a geographical area designated in the order;

  • (b) respecting the reservation of channels or frequencies for the use of the Corporation or for any special purpose designated in the order;

  • (c) respecting the classes of applicants to whom licences may not be issued or to whom amendments or renewals thereof may not be granted; and

  • (d) prescribing the circumstances in which the Commission may issue licences to applicants that are agents of a province and are otherwise ineligible to hold a licence, and the conditions on which those licences may be issued.

• Marginal note:Idem

  (2) Where the Governor in Council deems the broadcast of any program to be of urgent importance to Canadians generally or to persons resident in any area of Canada, the Governor in Council may, by order, direct the Commission to issue a notice to licensees throughout Canada or throughout any area of Canada, of any class specified in the order, requiring the licensees to broadcast the program in accordance with the order, and licensees to whom any such notice is addressed shall comply with the notice.

• Marginal note:Publication and tabling

  (3) An order made under subsection (1) or (2) shall be published forthwith in the Canada Gazette and a copy thereof shall be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the making of the order.

• Marginal note:Consultation

  (4) The Minister shall consult with the Commission with regard to any order proposed to be made by the Governor in Council under subsection (1).

Marginal note:Directions – Free Trade Agreement

• 27 (1) The Governor in Council may, on the recommendation of the Minister, issue directions

  • (a) requiring the Commission to implement paragraphs 1 and 4 of Annex 15-D of the Agreement and specifying the manner in which, and the date on or before which, those paragraphs are to be implemented;

  • (b) respecting the manner in which the Commission shall apply or interpret paragraph 3 of that Annex; and

  • (c) requiring the Commission to cancel any measure taken by the Commission in the implementation of paragraph 4 of that Annex on the date the Agreement ceases to have effect, or such later date as the Governor in Council may specify.

• Marginal note:Consultation

  (2) The Minister shall consult with the Commission with regard to any direction proposed to be issued by the Governor in Council under subsection (1).

• Marginal note:Directions binding

  (3) A direction issued under subsection (1) is binding on the Commission from the time it comes into force.

• Marginal note:Definition of Agreement

  (4) In this section, Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act.

Marginal note:Setting aside or referring decisions back to Commission

• 28 (1) Where the Commission makes a decision to issue, amend or renew a licence, the Governor in Council may, within ninety days after the date of the decision, on petition in writing of any person received within forty-five 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).

• Marginal note:Order on reference back

  (2) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing shall set out the details of any matter that, in the opinion of the Governor in Council, may be material to the reconsideration and hearing.

• Marginal note:Powers on reference back

  (3) Where a decision is referred back to the Commission under this section, the Commission shall reconsider the matter and, after a hearing as provided for by subsection (1), may

  • (a) rescind the decision or the issue, amendment or renewal of the licence;

  • (b) rescind the issue of the licence and issue a licence on the same or different conditions to another person; or

  • (c) confirm, either with or without change, variation or alteration, the decision or the issue, amendment or renewal of the licence.

• Marginal note:Setting aside after confirmation

  (4) Where, pursuant to paragraph (3)(c), the Commission confirms a decision or the issue, amendment or renewal of a licence, the Governor in Council may, within sixty days after the confirmation, on petition in writing of any person received within thirty days after that date or on the Governor in Council’s own motion, by order, set aside the decision or the issue, amendment or renewal, if the Governor in Council is satisfied as to any of the matters referred to in subsection (1).

• Marginal note:Reasons

  (5) An order made under subsection (4) to set aside a decision or the issue, amendment or renewal of a licence shall set out the reasons of the Governor in Council therefor.

Marginal note:Filing of petitions

• 29 (1) Every person who petitions the Governor in Council under subsection 28(1) or (4) shall at the same time send a copy of the petition to the Commission.

• Marginal note:Notice

  (2) On receipt of a petition under subsection (1), the Commission shall forward a copy of the petition by prepaid registered mail to all persons who were heard at or made any oral representation in connection with the hearing held in the matter to which the petition relates.

• 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 under subsection 28(1) or (4).

Marginal note:Amendment of schedule

30 The Governor in Council may, on the recommendation of the Minister made on the request of the Commission and with the consent of the Corporation, amend the schedule.

Decisions and Orders

Marginal note:Decisions and orders final

• 31 (1) Except as provided in this Part, every decision and order of the Commission is final and conclusive.

• Marginal note:Appeal to Federal Court of Appeal

  (2) An appeal lies from a decision or order of the Commission to the Federal Court of Appeal on a question of law or a question of jurisdiction if leave therefor is obtained from that Court on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court under special circumstances allows.

• Marginal note:Entry of appeal

  (3) No appeal lies after leave therefor has been obtained under subsection (2) unless it is entered in the Federal Court of Appeal within sixty days after the making of the order granting leave to appeal.

• Marginal note:Document deemed decision or order

  (4) Any document issued by the Commission in the form of a decision or order shall, if it relates to the issue, amendment, renewal, revocation or suspension of a licence, be deemed for the purposes of this section to be a decision or order of the Commission.