Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Licences, etc.

• 9. (1) Subject to this Part, the Commission may, in furtherance of its objects,

  • (a) establish classes of licences;

  • (b) issue licences for such terms not exceeding seven years and subject to such conditions related to the circumstances of the licensee

    • (i) as the Commission deems appropriate for the implementation of the broadcasting policy set out in subsection 3(1), and

    • (ii) in the case of licences issued to the Corporation, as the Commission deems consistent with the provision, through the Corporation, of the programming contemplated by paragraphs 3(1)(l) and (m);

  • (c) amend any condition of a licence on application of the licensee or, where five years have expired since the issuance or renewal of the licence, on the Commission’s own motion;

  • (d) issue renewals of licences for such terms not exceeding seven years and subject to such conditions as comply with paragraph (b);

  • (e) suspend or revoke any licence;

  • (f) require any licensee to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier for the distribution of programming directly to the public using the facilities of that common carrier;

  • (g) require any licensee who is authorized to carry on a distribution undertaking to give priority to the carriage of broadcasting; and

  • (h) require any licensee who is authorized to carry on a distribution undertaking to carry, on such terms and conditions as the Commission deems appropriate, programming services specified by the Commission.

• Marginal note:Restrictions re conditions

  (2) Notwithstanding subsections (1) and 28(3), no licence of a distribution undertaking may be made subject to a condition that requires the licensee to substitute replacement material for commercial messages carried in a broadcasting signal received by that licensee.

• Marginal note:Exception

  (3) Subsection (2) does not apply in respect of a condition of a licence renewed after October 4, 1987 where before that date the licensee was complying with such a condition.

• Marginal note:Exemptions

  (4) The Commission shall, by order, on such terms and conditions as it deems appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all of the requirements of this Part or of a regulation made under this Part where the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).

Marginal note:Regulations generally

• 10. (1) The Commission may, in furtherance of its objects, make regulations

  • (a) respecting the proportion of time that shall be devoted to the broadcasting of Canadian programs;

  • (b) prescribing what constitutes a Canadian program for the purposes of this Act;

  • (c) respecting standards of programs and the allocation of broadcasting time for the purpose of giving effect to the broadcasting policy set out in subsection 3(1);

  • (d) respecting the character of advertising and the amount of broadcasting time that may be devoted to advertising;

  • (e) respecting the proportion of time that may be devoted to the broadcasting of programs, including advertisements or announcements, of a partisan political character and the assignment of that time on an equitable basis to political parties and candidates;

  • (f) prescribing the conditions for the operation of programming undertakings as part of a network and for the broadcasting of network programs, and respecting the broadcasting times to be reserved for network programs by any such undertakings;

  • (g) respecting the carriage of any foreign or other programming services by distribution undertakings;

  • (h) for resolving, by way of mediation or otherwise, any disputes arising between programming undertakings and distribution undertakings concerning the carriage of programming originated by the programming undertakings;

  • (i) requiring licensees to submit to the Commission such information regarding their programs and financial affairs or otherwise relating to the conduct and management of their affairs as the regulations may specify;

  • (j) respecting the audit or examination of the records and books of account of licensees by the Commission or persons acting on behalf of the Commission; and

  • (k) respecting such other matters as it deems necessary for the furtherance of its objects.

• Marginal note:Application

  (2) A regulation made under this section may be made applicable to all persons holding licences or to all persons holding licences of one or more classes.

• Marginal note:Publication of proposed regulation

  (3) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a reasonable opportunity shall be given to licensees and other interested persons to make representations to the Commission with respect thereto.