Broadcasting Act (S.C. 1991, c. 11)

Marginal note:For greater certainty

10.1 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

• 11 (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

• 11.1 (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).

Marginal note:Inquiries

• 12 (1) The Commission may inquire into, hear and determine a matter if it appears to the Commission that

  • (a) any person is contravening or has contravened this Part or any regulation, licence, decision or order made or issued by the Commission under this Part;

  • (b) any person is contravening or has contravened section 34.1;

  • (c) any person is contravening or has contravened sections 42 to 44 of the Accessible Canada Act; or

  • (d) the circumstances may require the Commission to make any decision or order or to give any approval that it is authorized to make or give under this Part or under any regulation or order made under this Part.

• Marginal note:Mandatory orders

  (2) The Commission may, by order, require any person to do, without delay or within or at any time and in any manner specified by the Commission, any act or thing that the person is or may be required to do under this Part, under any regulation, licence, decision or order made or issued by the Commission under this Part or under any of sections 42 to 44 of the Accessible Canada Act and may, by order, forbid the doing or continuing of any act or thing that is contrary to this Part, to any such regulation, licence, decision or order, to section 34.1 or to any of sections 42 to 44 of the Accessible Canada Act.

• Marginal note:Referral to Commission

  (3) Where an inquiry under subsection (1) is heard by a panel established under subsection 20(1) and the panel issues an order pursuant to subsection (2) of this section, any person who is affected by the order may, within thirty days after the making thereof, apply to the Commission to reconsider any decision or finding made by the panel, and the Commission may rescind or vary any order or decision made by the panel or may re-hear any matter before deciding it.

Marginal note:Enforcement of mandatory orders

• 13 (1) Any order made under subsection 12(2) may be made an order of the Federal Court or of any superior court of a province and is enforceable in the same manner as an order of the court.

• Marginal note:Procedure

  (2) To make an order under subsection 12(2) an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Commission may file with the registrar of the court a certified copy of the order, and thereupon the order becomes an order of the court.

• Marginal note:Effect of variation or rescission

  (3) Where an order that has been made an order of a court is rescinded or varied by a subsequent order of the Commission, the order of the court shall be deemed to have been cancelled and the subsequent order may, in the same manner, be made an order of the court.

Marginal note:Research

• 14 (1) The Commission may undertake, sponsor, promote or assist in research relating to any matter within its jurisdiction under this Act and in so doing it shall, wherever appropriate, utilize technical, economic and statistical information and advice from the Corporation or departments or agencies of the Government of Canada.

• Marginal note:Review of technical matters

  (2) The Commission shall review and consider any technical matter relating to broadcasting referred to the Commission by the Minister and shall make recommendations to the Minister with respect thereto.

Marginal note:Hearings and reports

• 15 (1) The Commission shall, on request of the Governor in Council, hold hearings or make reports on any matter within the jurisdiction of the Commission under this Act.

• Marginal note:Consultation

  (2) The Minister shall consult with the Commission with regard to any request proposed to be made by the Governor in Council under subsection (1).

Marginal note:Powers respecting hearings

16 The Commission has, in respect of any hearing under this Part, with regard to the attendance, swearing and examination of witnesses at the hearing, the production and inspection of documents, the enforcement of its orders, the entry and inspection of property and other matters necessary or proper in relation to the hearing, all such powers, rights and privileges as are vested in a superior court of record.

Marginal note:Authority re questions of fact or law

17 The Commission has authority to determine questions of fact or law in relation to any matter within its jurisdiction under this Act.

Hearings and Procedure

Marginal note:Where public hearing required

• 18 (1) Except where otherwise provided, the Commission shall hold a public hearing in connection with

  • (a) the issue of a licence, other than a licence to carry on a temporary network operation;

  • (b) the suspension or revocation of a licence;

  • (c) the establishing of any performance objectives for the purposes of paragraphs 11(2)(b) and 11.1(6)(b); and

  • (d) the making of an order under subsection 12(2).

• Marginal note:Public hearings — specific matters

  (2) The Commission shall also hold a public hearing in connection with the following matters unless it is satisfied that such a hearing is not required in the public interest:

  • (a) the amendment or renewal of a licence;

  • (b) the making of an order under subsection 9.1(1) or 11.1(2); and

  • (c) the making of any regulation under this Act.

• Marginal note:Where public hearing in Commission’s discretion

  (3) The Commission may hold a public hearing, make a report, issue any decision and give any approval in connection with any complaint or representation made to the Commission or in connection with any other matter within its jurisdiction under this Act if it is satisfied that it would be in the public interest to do so.

• Marginal note:Place of hearing

  (4) A public hearing under this section may be held at such place in Canada as the Chairperson of the Commission may designate.