Marginal note:Binding on Her Majesty

• 4. (1) This Act is binding on Her Majesty in right of Canada or a province.

• Marginal note:Application generally

  (2) This Act applies in respect of broadcasting undertakings carried on in whole or in part within Canada or on board

  • (a) any ship, vessel or aircraft that is

    • (i) registered or licensed under an Act of Parliament, or

    • (ii) owned by, or under the direction or control of, Her Majesty in right of Canada or a province;

  • (b) any spacecraft that is under the direction or control of

    • (i) Her Majesty in right of Canada or a province,

    • (ii) a citizen or resident of Canada, or

    • (iii) a corporation incorporated or resident in Canada; or

  • (c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.

• Marginal note:For greater certainty

  (3) For greater certainty, this Act applies in respect of broadcasting undertakings whether or not they are carried on for profit or as part of, or in connection with, any other undertaking or activity.

• Marginal note:Idem

  (4) For greater certainty, this Act does not apply to any telecommunications common carrier, as defined in the Telecommunications Act, when acting solely in that capacity.

Marginal note:Objects

• 5. (1) Subject to this Act and the Radiocommunication Act and to any directions to the Commission issued by the Governor in Council under this Act, the Commission shall regulate and supervise all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in subsection 3(1) and, in so doing, shall have regard to the regulatory policy set out in subsection (2).

• Marginal note:Regulatory policy

  (2) The Canadian broadcasting system should be regulated and supervised in a flexible manner that

  • (a) is readily adaptable to the different characteristics of English and French language broadcasting and to the different conditions under which broadcasting undertakings that provide English or French language programming operate;

  • (b) takes into account regional needs and concerns;

  • (c) is readily adaptable to scientific and technological change;

  • (d) facilitates the provision of broadcasting to Canadians;

  • (e) facilitates the provision of Canadian programs to Canadians;

  • (f) does not inhibit the development of information technologies and their application or the delivery of resultant services to Canadians; and

  • (g) is sensitive to the administrative burden that, as a consequence of such regulation and supervision, may be imposed on persons carrying on broadcasting undertakings.

• Marginal note:Conflict

  (3) The Commission shall give primary consideration to the objectives of the broadcasting policy set out in subsection 3(1) if, in any particular matter before the Commission, a conflict arises between those objectives and the objectives of the regulatory policy set out in subsection (2).

• Marginal note:Employment equity

  (4) Where a broadcasting undertaking is subject to the Employment Equity Act, the powers granted to the Commission under this Act do not extend to the regulation or supervision of matters concerning employment equity in relation to that broadcasting undertaking.