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Broadcasting Act (S.C. 1991, c. 11)

Full Document:  

Act current to 2024-02-06 and last amended on 2023-06-22. Previous Versions

PART IIObjects and Powers of the Commission in Relation to Broadcasting (continued)

General Powers (continued)

Marginal note:Conditions

  •  (1) The Commission may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting

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

    • (b) the proportion of Canadian programs to be broadcast that shall be original French language programs, including first-run programs;

    • (c) the proportion of programs to be broadcast that shall be original French language programs;

    • (d) the proportion of programs to be broadcast that shall be devoted to specific genres, in order to ensure the diversity of programming;

    • (e) the presentation of programs and programming services for selection by the public, including the showcasing and the discoverability of Canadian programs and programming services, such as original French language programs;

    • (f) a requirement for a person carrying on a broadcasting undertaking, other than an online undertaking, to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier, as defined in the Telecommunications Act, for the distribution of programming directly to the public;

    • (g) a requirement for a person carrying on a distribution undertaking to give priority to the carriage of broadcasting;

    • (h) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services, specified by the Commission, that are provided by a broadcasting undertaking;

    • (i) a requirement, without terms or conditions, for a person carrying on an online undertaking that provides the programming services of other broadcasting undertakings in a manner that is similar to a distribution undertaking to carry programming services, specified by the Commission, that are provided by a broadcasting undertaking;

    • (j) terms and conditions of service in contracts between distribution undertakings and their subscribers;

    • (k) access by persons with disabilities to programming, including the identification, prevention and removal of barriers to such access;

    • (l) the carriage of emergency messages;

    • (m) any change in the ownership or control of a broadcasting undertaking that is required to be carried on under a licence;

    • (n) the provision to the Commission, by licensees or persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to

      • (i) the ownership, governance and control of those licensees or exempt persons, and

      • (ii) the affiliation of those licensees or exempt persons with any affiliates carrying on broadcasting undertakings;

    • (o) the provision to the Commission, by persons carrying on broadcasting undertakings, of any other information that the Commission considers necessary for the administration of this Act, including

      • (i) financial or commercial information,

      • (ii) information related to programming,

      • (iii) information related to expenditures made under section 11.1, and

      • (iv) information related to audience measurement, other than information that could identify any individual audience member; and

    • (p) continued ownership and control by Canadians of Canadian broadcasting undertakings.

  • Marginal note:Application

    (2) An order made under this section may be made applicable to all persons carrying on broadcasting undertakings, to all persons carrying on broadcasting undertakings of any class established by the Commission in the order or to a particular person carrying on a broadcasting undertaking.

  • Marginal note:Non-application

    (3) The Statutory Instruments Act does not apply to orders made under this section.

  • Marginal note:Publication and representations

    (4) A copy of each order that the Commission proposes to make under this section shall be published on the Commission’s website and a reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the proposed order.

  • Marginal note:Publication

    (5) The Commission shall publish each order that is made under this section on its website.

  • Marginal note:Programming control

    (6) Orders made under any of paragraphs (1)(a) to (d) apply only in respect of programs over which a person who carries on a broadcasting undertaking has programming control.

  • Marginal note:Canadian original French language programs

    (7) In making an order under paragraph (1)(c), the Commission shall ensure that Canadian original French language programs represent a significant proportion of the original French language programs to be broadcast.

  • Marginal note:Restriction — computer algorithm or source code

    (8) The Commission shall not make an order under paragraph (1)(e) that would require the use of a specific computer algorithm or source code.

  • Marginal note:Good faith negotiation

    (9) The person carrying on an online undertaking to whom an order made under paragraph (1)(i) applies and the person carrying on the broadcasting undertaking whose programming services are specified in the order shall negotiate the terms for the carriage of the programming services in good faith.

  • Marginal note:Facilitation

    (10) The Commission may facilitate those negotiations at the request of either party to the negotiations.

Marginal note:Regulations generally

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

    • (a) [Repealed, 2023, c. 8, s. 10]

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

    • (c) respecting standards for programs over which a person carrying on a broadcasting undertaking has programming control 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, in relation to a broadcasting undertaking other than an online undertaking, 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;

    • (h.1) respecting unjust discrimination by a person carrying on a broadcasting undertaking and undue or unreasonable preference given, or undue or unreasonable disadvantage imposed, by such a person;

    • (i) respecting the registration of broadcasting undertakings with the Commission;

    • (j) respecting the audit or examination of records and books of account of persons carrying on broadcasting undertakings 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:Regulations — Canadian programs

    (1.1) In making regulations under paragraph (1)(b), the Commission shall consider the following matters:

    • (a) whether Canadians, including independent producers, have a right or interest in relation to a program, including copyright, that allows them to control and benefit in a significant and equitable manner from the exploitation of the program;

    • (b) whether key creative positions in the production of a program are primarily held by Canadians;

    • (c) whether a program furthers Canadian artistic and cultural expression;

    • (d) the extent to which persons carrying on online undertakings or programming undertakings collaborate with independent Canadian producers, with persons carrying on Canadian broadcasting undertakings producing their own programs, with producers associated with Canadian broadcasting undertakings or with any other person involved in the Canadian program production industry, including Canadian owners of copyright in musical works or in sound recordings; and

    • (e) any other matter that may be prescribed by regulation.

  • Marginal note:Regulations

    (1.2) The Governor in Council may make regulations prescribing matters that the Commission is required to consider under paragraph (1.1)(e).

  • Marginal note:Application

    (2) A regulation made under subsection (1) may be made applicable to all persons carrying on broadcasting undertakings or to all persons carrying on broadcasting undertakings of any class established by the Commission in the regulation.

  • Marginal note:Publication and representations

    (3) A copy of each regulation that the Commission proposes to make under subsection (1) shall be published in the Canada Gazette and a reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the regulation.

Marginal note:For greater certainty

 For greater certainty, the Commission shall make orders under subsection 9.1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings.

Marginal note:Regulations respecting licence fees

  •  (1) The Commission may make regulations

    • (a) with the approval of the Treasury Board, establishing schedules of fees to be paid by persons carrying on broadcasting undertakings of any class;

    • (b) providing for the establishment of classes of broadcasting undertakings for the purposes of paragraph (a);

    • (c) providing for the payment of any fees payable by a person carrying on a broadcasting undertaking, including the time and manner of payment;

    • (d) respecting the interest payable by such a person in respect of any overdue fee; and

    • (e) respecting such other matters as it deems necessary for the purposes of this section.

  • Marginal note:Criteria

    (2) Regulations made under paragraph (1)(a) may provide for fees to be calculated by reference to any criteria that the Commission considers appropriate, including by reference to

    • (a) the revenues of the persons carrying on broadcasting undertakings;

    • (b) the performance of the persons carrying on broadcasting undertakings in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and

    • (c) the market served by the persons carrying on broadcasting undertakings.

  • Marginal note:Exceptions

    (3) No regulations made under subsection (1) shall apply to the Corporation or to persons carrying on programming undertakings on behalf of Her Majesty in right of a province.

  • Marginal note:Restriction — non-licensees

    (3.1) The only fees that may be established with respect to a broadcasting undertaking shall be fees that relate to the recovery of the costs of the Commission’s activities under this Act.

  • Marginal note:Debt due to Her Majesty

    (4) Fees payable under this section and any interest in respect of them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • Marginal note:Publication and representations

    (5) 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 persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the regulation.

Marginal note:Regulations — expenditures

  •  (1) The Commission may make regulations respecting expenditures to be made by persons carrying on broadcasting undertakings for the purposes of

    • (a) developing, financing, producing or promoting Canadian audio or audio-visual programs, including independent productions, for broadcasting by broadcasting undertakings;

    • (b) supporting, promoting or training Canadian creators of audio or audio-visual programs for broadcasting by broadcasting undertakings;

    • (b.1) supporting broadcasting undertakings offering programming services that, in the Commission’s opinion, are of exceptional importance to the achievement of the objectives of the broadcasting policy set out in subsection 3(1);

    • (c) supporting participation by persons, groups of persons or organizations representing the public interest in proceedings before the Commission under this Act; or

    • (d) supporting the development of initiatives — including tools — that, in the Commission’s opinion, are efficient and necessary for the achievement of the objectives of the broadcasting policy set out in subsection 3(1).

  • Marginal note:Order — particular broadcasting undertaking

    (2) The Commission may make an order respecting expenditures to be made by a particular person carrying on a broadcasting undertaking for any of the purposes set out in paragraphs (1)(a) to (d).

  • Marginal note:Minimum expenditures — French language original programs

    (3) Regulations and orders made under this section for the purposes set out in paragraph (1)(a) shall prescribe the minimum share of expenditures that are to be allocated to Canadian original French language programs in the case of broadcasting undertakings that offer programs in both official languages.

  • Marginal note:Application of regulations

    (4) A regulation made under this section may be made applicable to all persons carrying on broadcasting undertakings or to all persons carrying on broadcasting undertakings of any class established by the Commission in the regulation.

  • Marginal note:Recipients

    (5) Regulations and orders made under this section may provide that an expenditure is to be paid to any person or organization, other than the Commission, or into any fund, other than a fund administered by the Commission.

  • Marginal note:Criteria

    (6) Regulations and orders made under this section may provide for expenditures to be calculated by reference to any criteria that the Commission considers appropriate, including by reference to

    • (a) the revenues of the persons carrying on broadcasting undertakings;

    • (b) the performance of the persons carrying on broadcasting undertakings in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and

    • (c) the market served by the persons carrying on broadcasting undertakings.

  • Marginal note:Publication and representations

    (7) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a copy of each proposed order shall be published on the Commission’s website. A reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the regulation or order.

  • Marginal note:Non-application

    (8) The Statutory Instruments Act does not apply to orders made under subsection (2).

 

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