Marginal note:Short title

1. This Act may be cited as the Broadcasting Act.

Marginal note:Definitions

• 2. (1) In this Act,

  “broadcasting”

  « radiodiffusion »

  “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;

  “broadcasting receiving apparatus”

  « récepteur »

  “broadcasting receiving apparatus” means a device, or combination of devices, intended for or capable of being used for the reception of broadcasting;

  “broadcasting undertaking”

  « entreprise de radiodiffusion »

  “broadcasting undertaking” includes a distribution undertaking, a programming undertaking and a network;

  “Commission”

  « Conseil »

  “Commission” means the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act;

  “Corporation”

  « Société »

  “Corporation” means the Canadian Broadcasting Corporation continued by section 36;

  “distribution undertaking”

  « entreprise de distribution »

  “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;

  “encrypted”

  « encodage »

  “encrypted” means treated electronically or otherwise for the purpose of preventing intelligible reception;

  “licence”

  « licence »

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

  “Minister”

  « ministre »

  “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;

  “network”

  « réseau »

  “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;

  “program”

  « émission »

  “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;

  “programming undertaking”

  « entreprise de programmation »

  “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;

  “radio waves”

  « ondes radioélectriques »

  “radio waves” means electromagnetic waves of frequencies lower than 3 000 GHz that are propagated in space without artificial guide;

  “temporary network operation”

  « exploitation temporaire d’un réseau »

  “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.

• 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.