Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Independence of the Corporation

• 52. (1) Nothing in sections 53 to 70 shall be interpreted or applied so as to limit the freedom of expression or the journalistic, creative or programming independence enjoyed by the Corporation in the pursuit of its objects and in the exercise of its powers.

• Marginal note:Idem

  (2) Without limiting the generality of subsection (1), and notwithstanding sections 53 to 70 or any regulation made under any of those sections, the Corporation is not required to

  • (a) submit to the Treasury Board or to the Minister or the Minister of Finance any information the provision of which could reasonably be expected to compromise or constrain the journalistic, creative or programming independence of the Corporation; or

  • (b) include in any corporate plan or summary thereof submitted to the Minister pursuant to section 54 or 55 any information the provision of which could reasonably be expected to limit the ability of the Corporation to exercise its journalistic, creative or programming independence.

Marginal note:Part VII of Financial Administration Act not to apply

52.1 Notwithstanding the Financial Administration Act, Part VII of that Act does not apply to a debt incurred by the Corporation.

Marginal note:Financial year

53. The financial year of the Corporation is the period beginning on April 1 in one year and ending on March 31 in the next year, unless the Governor in Council otherwise directs.

Marginal note:Corporate plan

• 54. (1) The Corporation shall annually submit a corporate plan to the Minister.

• Marginal note:Scope of corporate plan

  (2) The corporate plan of the Corporation shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any.

• Marginal note:Contents of corporate plan

  (3) The corporate plan of the Corporation shall include

  • (a) a statement of

    • (i) the objects for which the Corporation is incorporated, as set out in this Act,

    • (ii) the Corporation’s objectives for the next five years and for each year in that period and the strategy the Corporation intends to employ to achieve them, and

    • (iii) the Corporation’s expected performance for the year in which the plan is submitted as compared to its objectives for that year, as set out in the last corporate plan;

  • (b) the capital budget of the Corporation for the next following financial year of the Corporation;

  • (c) an operating budget for the next following financial year of the Corporation; and

  • (d) where the Corporation intends to borrow money in the next financial year, a general indication of the borrowing plans and strategies of the Corporation for that year.

• Marginal note:Approval of Minister of Finance

  (3.1) Where the Corporation includes a general indication of its plans to borrow money in its corporate plan, the Corporation shall submit that part of its corporate plan to the Minister of Finance for that Minister’s approval.

• Marginal note:Capital budgets

  (4) The Corporation shall submit the capital budget to the Minister in a corporate plan pursuant to paragraph (3)(b) for the approval of the Treasury Board.

• Marginal note:Notification of business activity

  (5) Where the Corporation or a wholly-owned subsidiary of the Corporation proposes to carry out a substantial change to business activities in any period in a manner that is not consistent with the last corporate plan of the Corporation in respect of that period, the Corporation shall forthwith notify the Minister in writing of the inconsistency in the manner of carrying on the business activity.

• Marginal note:Scope of budgets

  (6) The budgets of the Corporation referred to in paragraphs (3)(b) and (c) shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any.

• Marginal note:Form of budgets

  (7) The budgets of the Corporation referred to in paragraphs (3)(b) and (c) shall be prepared in a form that clearly sets out information according to the major businesses or activities of the Corporation and its wholly-owned subsidiaries, if any.

• Marginal note:Approval of multi-year items

  (8) The Treasury Board may approve any item in a capital budget submitted pursuant to paragraph (3)(b) for any financial year or years following the financial year for which the budget is submitted.