Broadcasting Act (S.C. 1991, c. 11)

Act current to 2014-09-01 and last amended on 2012-03-16. Previous Versions

Marginal note:Report of alleged contravention or non-compliance by Corporation
  •  (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
  •  (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 re Free Trade Agreement
  •  (1) The Governor in Council may, either on the recommendation of the Minister made at the request of the Commission or on the Governor in Council’s own motion, issue directions of general application respecting the manner in which the Commission shall apply or interpret paragraph 3 of Article 2006 of the Agreement.

  • Marginal note:Effect of directions

    (2) A direction issued under subsection (1) is binding on the Commission from the time it comes into force and, unless otherwise provided therein, applies in respect of matters pending before the Commission at that time.

  • Marginal note:Request of Commission

    (3) The Commission may, in order to request the issuance of a direction under subsection (1), suspend the determination of any matter of which it is seised.

  • Definition of “Agreement”

    (4) In this section, “Agreement” has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act.