Broadcasting Act

Marginal note:Definitions

• 2 (1) In this Act,

  affiliate

  affiliate, in relation to any person, means any other person who controls that first person, or who is controlled by that first person or by a third person who also controls the first person; (affilié)

  barrier

  barrier has the same meaning as in section 2 of the Accessible Canada Act; (obstacle)

  broadcasting

  broadcasting means any transmission of programs — regardless of whether the transmission is scheduled or on demand or whether the programs are encrypted or not — 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, an online 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)

  community element

  community element includes the element of the Canadian broadcasting system as part of which members of a community participate in the production of programs that are in a language used in the community including a not-for-profit broadcasting undertaking that is managed by a board of directors elected by the community; (élément communautaire)

  control

  control, in the definition affiliate, in paragraph 9.1(1)(m) and in subparagraph 9.1(1)(n)(i), includes control in fact, whether or not through one or more persons; (contrôle)

  Corporation

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

  decision

  decision includes a determination made by the Commission in any form; (décision)

  distribution undertaking

  distribution undertaking means an undertaking for the reception of broadcasting and its retransmission by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking, but does not include such an undertaking that is an online undertaking; (entreprise de distribution)

  encrypted

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

  Indigenous peoples

  Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones)

  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, but does not include such an operation that is an online undertaking; (réseau)

  official language minority community

  official language minority community means English-speaking communities in Quebec and French-speaking communities outside Quebec; (communauté de langue officielle en situation minoritaire)

  online undertaking

  online undertaking means an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus; (entreprise en ligne)

  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 control

  programming control means control over the selection of programs for transmission, but does not include control over the selection of a programming service for retransmission; (contrôle de la programmation)

  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, but does not include such an undertaking that is an online undertaking; (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:Exclusion — carrying on broadcasting undertaking

  (2.1) A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service — and who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — does not, by the fact of that use, carry on a broadcasting undertaking for the purposes of this Act.

• Marginal note:Exclusion — social media service and programming control

  (2.2) An online undertaking that provides a social media service does not, for the purposes of this Act, exercise programming control over programs uploaded by a user of the service who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them.

• Marginal note:Exclusion — certain transmissions over the Internet

  (2.3) A person does not carry on an online undertaking for the purposes of this Act in respect of a transmission of programs over the Internet

  • (a) that is ancillary to a business not primarily engaged in the transmission of programs to the public and that is intended to provide clients with information or services directly related to that business;

  • (b) that is part of the operations of a primary or secondary school, a college, university or other institution of higher learning, a public library or a museum; or

  • (c) that is part of the operations of a theatre, concert hall or other venue for the presentation of live performing arts.

• Marginal note:Interpretation

  (3) This Act shall be construed and applied in a manner that is consistent with

  • (a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings and creators;

  • (b) the right to privacy of individuals; and

  • (c) the commitment of the Government of Canada to enhance the vitality of official language minority communities and to support and assist their development, as well as to foster the full recognition and use of both English and French in Canadian society.