Broadcasting Act

Marginal note:Definitions

• 2 (1) In this Act,

  broadcasting

  broadcasting means any transmission of programs, whether or not encrypted, by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus, but does not include any such transmission of programs that is made solely for performance or display in a public place; (radiodiffusion)

  broadcasting receiving apparatus

  broadcasting receiving apparatus means a device, or combination of devices, intended for or capable of being used for the reception of broadcasting; (récepteur)

  broadcasting undertaking

  broadcasting undertaking includes a distribution undertaking, a programming undertaking and a network; (entreprise de radiodiffusion)

  Commission

  Commission means the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act; (Conseil)

  Corporation

  Corporation means the Canadian Broadcasting Corporation continued by section 36; (Société)

  distribution undertaking

  distribution undertaking means an undertaking for the reception of broadcasting and the retransmission thereof by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking; (entreprise de distribution)

  encrypted

  encrypted means treated electronically or otherwise for the purpose of preventing intelligible reception; (encodage)

  licence

  licence means a licence to carry on a broadcasting undertaking issued by the Commission under this Act; (licence)

  Minister

  Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

  network

  network includes any operation where control over all or any part of the programs or program schedules of one or more broadcasting undertakings is delegated to another undertaking or person; (réseau)

  program

  program means sounds or visual images, or a combination of sounds and visual images, that are intended to inform, enlighten or entertain, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; (émission)

  programming undertaking

  programming undertaking means an undertaking for the transmission of programs, either directly by radio waves or other means of telecommunication or indirectly through a distribution undertaking, for reception by the public by means of broadcasting receiving apparatus; (entreprise de programmation)

  radio waves

  radio waves means electromagnetic waves of frequencies lower than 3 000 GHz that are propagated in space without artificial guide; (ondes radioélectriques)

  temporary network operation

  temporary network operation means a network operation with respect to a particular program or a series of programs that extends over a period not exceeding sixty days. (exploitation temporaire d’un réseau)

• Marginal note:Meaning of other means of telecommunication

  (2) For the purposes of this Act, other means of telecommunication means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system.

• Marginal note:Interpretation

  (3) This Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings.