Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Oath of office

37. Every director shall, before entering on the director’s duties, take and subscribe, before the Clerk of the Privy Council, an oath or solemn affirmation, which shall be filed in the office of the Clerk, in the following form:

I, ...................., do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of ..................... (Add, in the case where an oath is taken, “So help me God”.)

Marginal note:Outside interests of directors

• 38. (1) A person is not eligible to be appointed or to continue as a director if the person is not a Canadian citizen who is ordinarily resident in Canada or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person

  • (a) is engaged in the operation of a broadcasting undertaking;

  • (b) has any pecuniary or proprietary interest in a broadcasting undertaking; or

  • (c) is principally engaged in the production or distribution of program material that is primarily intended for use by a broadcasting undertaking.

• Marginal note:Disposing of interest

  (2) A director in whom any interest prohibited by subsection (1) vests by will or succession for the director’s own benefit shall, within three months thereafter, absolutely dispose of that interest.

Marginal note:Responsibility of directors

39. Subject to this Part, the Board is responsible for the management of the businesses, activities and other affairs of the Corporation.

Marginal note:Accountability of Corporation to Parliament

40. The Corporation is ultimately accountable, through the Minister, to Parliament for the conduct of its affairs.

Marginal note:Powers, duties and functions

• 41. (1) The Chairperson shall preside at meetings of the Board and may exercise such powers and shall perform such other duties and functions as are assigned to the Chairperson by the by-laws of the Corporation.

• Marginal note:Part-time

  (2) The Chairperson shall perform the duties and functions of the office on a part-time basis.

• Marginal note:Absence, incapacity or vacancy of office

  (3) If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the President shall act as Chairperson, and if both are absent or incapacitated or if both those offices are vacant, the Board may authorize a director to act as Chairperson, but no person so authorized by the Board has authority to act as Chairperson for a period exceeding sixty days without the approval of the Governor in Council.

Marginal note:Powers, duties and functions

• 42. (1) The President is the chief executive officer of the Corporation and has supervision over and direction of the work and staff of the Corporation and may exercise such powers and shall perform such other duties and functions as are assigned to the President by the by-laws of the Corporation.

• Marginal note:Full-time

  (2) The President shall perform the duties and functions of the office on a full-time basis.

• Marginal note:Absence, incapacity or vacancy of office

  (3) If the President is absent or incapacitated or if the office of President is vacant, the Board may authorize an officer of the Corporation to act as President, but no person so authorized by the Board has authority to act as President for a period exceeding sixty days without the approval of the Governor in Council.