Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Part VII of Financial Administration Act not to apply

52.1 Notwithstanding the Financial Administration Act, Part VII of that Act does not apply to a debt incurred by the Corporation.

Marginal note:Financial year

53 The financial year of the Corporation is the period beginning on April 1 in one year and ending on March 31 in the next year, unless the Governor in Council otherwise directs.

Marginal note:Corporate plan

• 54 (1) The Corporation shall annually submit a corporate plan to the Minister.

• Marginal note:Scope of corporate plan

  (2) The corporate plan of the Corporation shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any.

• Marginal note:Contents of corporate plan

  (3) The corporate plan of the Corporation shall include

  • (a) a statement of

    • (i) the objects for which the Corporation is incorporated, as set out in this Act,

    • (ii) the Corporation’s objectives for the next five years and for each year in that period and the strategy the Corporation intends to employ to achieve them, and

    • (iii) the Corporation’s expected performance for the year in which the plan is submitted as compared to its objectives for that year, as set out in the last corporate plan;

  • (b) the capital budget of the Corporation for the next following financial year of the Corporation;

  • (c) an operating budget for the next following financial year of the Corporation; and

  • (d) where the Corporation intends to borrow money in the next financial year, a general indication of the borrowing plans and strategies of the Corporation for that year.

• Marginal note:Approval of Minister of Finance

  (3.1) Where the Corporation includes a general indication of its plans to borrow money in its corporate plan, the Corporation shall submit that part of its corporate plan to the Minister of Finance for that Minister’s approval.

• Marginal note:Capital budgets

  (4) The Corporation shall submit the capital budget to the Minister in a corporate plan pursuant to paragraph (3)(b) for the approval of the Treasury Board.

• Marginal note:Notification of business activity

  (5) Where the Corporation or a wholly-owned subsidiary of the Corporation proposes to carry out a substantial change to business activities in any period in a manner that is not consistent with the last corporate plan of the Corporation in respect of that period, the Corporation shall forthwith notify the Minister in writing of the inconsistency in the manner of carrying on the business activity.

• Marginal note:Scope of budgets

  (6) The budgets of the Corporation referred to in paragraphs (3)(b) and (c) shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any.

• Marginal note:Form of budgets

  (7) The budgets of the Corporation referred to in paragraphs (3)(b) and (c) shall be prepared in a form that clearly sets out information according to the major businesses or activities of the Corporation and its wholly-owned subsidiaries, if any.

• Marginal note:Approval of multi-year items

  (8) The Treasury Board may approve any item in a capital budget submitted pursuant to paragraph (3)(b) for any financial year or years following the financial year for which the budget is submitted.

Marginal note:Summary of plan

• 55 (1) The Corporation shall submit to the Minister, in respect of each financial year, a summary of the corporate plan submitted pursuant to section 54 that summarizes the information referred to in subsection 54(3), modified so as to be based on the financial resources proposed to be allocated to the Corporation as set out in the Estimates for that financial year that have been tabled in the House of Commons.

• Marginal note:Scope of summary

  (2) A summary shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any, and shall set out the major business decisions taken with respect thereto.

• Marginal note:Form of summary

  (3) A summary shall be prepared in a form that clearly sets out information according to the major businesses or activities of the Corporation and its wholly-owned subsidiaries, if any.

• Marginal note:Tabling in Parliament

  (4) The Minister shall cause a copy of every summary received pursuant to this section to be laid before each House of Parliament.

• Marginal note:Reference to committee

  (5) A summary laid before a House of Parliament pursuant to subsection (4) stands permanently referred to such committee of that House or of both Houses of Parliament as may be designated or established to review matters relating to the business and activities of the Corporation.

Marginal note:Regulations

56 The Treasury Board may make regulations prescribing the form in which corporate plans and summaries required pursuant to sections 54 and 55 shall be prepared, the information to be included therein, the information to accompany corporate plans and the time at, before or within which they are to be submitted and summaries are to be laid before each House of Parliament.

Marginal note:Bank accounts

• 57 (1) The Corporation shall maintain in its own name one or more accounts with

  • (a) any member of the Canadian Payments Association;

  • (b) any local Cooperative Credit Society that is a member of a Central Cooperative Credit Society having membership in the Canadian Payments Association; and

  • (c) subject to the approval of the Minister of Finance, any financial institution outside Canada.

• Marginal note:Administration of Corporation funds

  (2) All money received by the Corporation through the conduct of its operations or otherwise shall be deposited to the credit of the accounts established pursuant to subsection (1) and shall be administered by the Corporation exclusively in the exercise of its powers and the performance of its duties and functions.

• Marginal note:Investments

  (3) The Corporation may invest any money administered by it in bonds or other securities of, or guaranteed by, the Government of Canada.

• Marginal note:Proprietor’s Equity Account

  (4) The Corporation shall, in its books of account, establish a Proprietor’s Equity Account and shall credit thereto the amount of all money paid to the Corporation for capital purposes out of parliamentary appropriations.

Marginal note:Receiver General account

• 58 (1) The Corporation shall, if so directed by the Minister of Finance with the concurrence of the Minister, and may, if the Minister of Finance and the Minister approve, pay or cause to be paid all or any part of the money of the Corporation or of a wholly-owned subsidiary of the Corporation to the Receiver General to be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada in the name of the Corporation or subsidiary, and the Receiver General, subject to such terms and conditions as the Minister of Finance may prescribe, may pay out, for the purposes of the Corporation or subsidiary, or repay to the Corporation or subsidiary, all or any part of the money credited to the special account.

• Marginal note:Interest

  (2) Interest may be paid in respect of money credited to a special account pursuant to subsection (1), in accordance with and at rates fixed by the Minister of Finance with the approval of the Governor in Council.

Marginal note:Payment over surplus money

59 Subject to any other Act of Parliament, where the Minister and the Minister of Finance, with the approval of the Governor in Council, so direct, the Corporation shall pay or cause to be paid to the Receiver General so much of the money of the Corporation or of a wholly-owned subsidiary of the Corporation as those Ministers consider to be in excess of the amount that is required for the purposes of the Corporation or subsidiary, and any money so paid may be applied toward the discharge of any obligation of the Corporation or subsidiary to the Crown or may be applied as revenues of Canada.

• 60 (1) to (6) [Repealed, 2005, c. 30, s. 41]

• Marginal note:Reports to Minister

  (7) The Board shall make to the Minister such reports of the financial affairs of the Corporation as the Minister requires.

Marginal note:Auditor of the Corporation

61 The Auditor General of Canada is the auditor of the Corporation.

62 [Repealed, 2005, c. 30, s. 42]

63 [Repealed, 2005, c. 30, s. 42]

64 [Repealed, 2005, c. 30, s. 42]

65 [Repealed, 2005, c. 30, s. 42]

66 [Repealed, 2005, c. 30, s. 42]

67 [Repealed, 2005, c. 30, s. 42]

68 [Repealed, 2005, c. 30, s. 42]

69 [Repealed, 2005, c. 30, s. 42]

Marginal note:Report on wholly-owned subsidiaries

70 The Corporation shall forthwith notify the Minister and the President of the Treasury Board of the name of any corporation that becomes or ceases to be a wholly-owned subsidiary of the Corporation.

Report to Parliament

Marginal note:Annual report

• 71 (1) The Corporation shall, as soon as possible after, but in any case within three months after, the end of each financial year, submit an annual report on the operations of the Corporation in that year concurrently to the Minister and to the President of the Treasury Board, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

• Marginal note:Reference to committee

  (2) An annual report laid before a House of Parliament pursuant to subsection (1) stands permanently referred to such committee of that House or of both Houses of Parliament as may be designated or established to review matters relating to the business and activities of the Corporation.

• Marginal note:Form and contents

  (3) The annual report of the Corporation shall include

  • (a) the financial statements of the Corporation referred to in subsection 131(4) of the Financial Administration Act,

  • (b) the annual auditor’s report referred to in section 132 of the Financial Administration Act,

  • (c) a statement on the extent to which the Corporation has met its objectives for the financial year,

  • (d) quantitative information respecting the performance of the Corporation, including its wholly-owned subsidiaries, if any, relative to the Corporation’s objectives, and

  • (e) such other information in respect of the financial affairs of the Corporation as is required by this Part or by the Minister to be included therein,

  and shall be prepared in a form that clearly sets out information according to the major businesses or activities of the Corporation and its wholly-owned subsidiaries, if any.

PART IVRelated and Consequential Amendments, Repeal, Transitional and Coming into Force

Related and Consequential Amendments

72 to 88 [Amendments]

Repeal

89 [Repeal]

Transitional

Marginal note:Definitions

• 90 (1) In this section,

  Executive Committee

  Executive Committee means the Executive Committee of the Commission, as it existed on the day immediately before the coming into force of section 80; (bureau)

  former Act

  former Act means the Broadcasting Act, chapter B-9 of the Revised Statutes of Canada, 1985. (loi abrogée)

• Marginal note:Pending proceedings

  (2) Any proceedings pending before the Commission or Executive Committee on the day immediately before the coming into force of this subsection shall be taken up and continued before the Commission under and in conformity with this Act.

• Marginal note:Continuation of previous orders, etc.

  (3) Every decision, order, rule and regulation issued, rendered or made under the former Act by the Commission or Executive Committee that is in force on the coming into force of this subsection and that is not inconsistent with this Act or any other Act of Parliament shall be deemed to have been issued, rendered or made by the Commission under this Act.

• Marginal note:Continuation of directions

  (4) Every direction issued to the Commission by the Governor in Council under the former Act that is in force on the day immediately preceding the coming into force of this subsection and that is not inconsistent with this Act or any other Act of Parliament shall be deemed to have been issued by the Governor in Council under this Act.

• Marginal note:Continuation of licences

  (5) Every broadcasting licence authorizing the carrying on of a broadcasting undertaking issued under the former Act and in effect on the day immediately preceding the coming into force of this subsection shall continue in effect for the unexpired portion of its term as if it were a licence authorizing the carrying on of a broadcasting undertaking issued under this Act and may be amended, renewed, suspended or revoked in the manner provided in this Act.

Marginal note:Full-time members of Commission

• 91 (1) Every person holding office as Chairman, Vice-Chairman or full-time member of the Commission immediately before the coming into force of section 76 shall continue in office and be deemed to have been appointed under section 3 of the Canadian Radio-television and Telecommunications Commission Act, as amended by this Act, to hold office for the remainder of the term for which the person had been appointed before the coming into force of section 76.

• Marginal note:Part-time members of Commission

  (2) The part-time members of the Commission holding office immediately before the coming into force of section 76 shall cease to hold office on the coming into force of that section.

Marginal note:Directors of Corporation

92 Every person holding office as a director of the Corporation immediately before the coming into force of section 36 shall continue in office and be deemed to have been appointed under that section to hold office for the remainder of the term for which the person had been appointed before the coming into force of that section.

Coming into Force

Marginal note:Coming into force

Footnote ^*93 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force June 4, 1991, see SI/91-86.]