Broadcasting Act (S.C. 1991, c. 11)

Offences

Marginal note:Broadcasting without or contrary to licence

• 32 (1) Every person who, not being exempt from the requirement to hold a licence, carries on a broadcasting undertaking without a licence therefor is guilty of an offence punishable on summary conviction and is liable

  • (a) in the case of an individual, to a fine not exceeding twenty thousand dollars for each day that the offence continues; or

  • (b) in the case of a corporation, to a fine not exceeding two hundred thousand dollars for each day that the offence continues.

• Marginal note:Contravention of regulation or order

  (2) Every person who contravenes or fails to comply with any regulation or order made under this Part is guilty of an offence punishable on summary conviction and is liable

  • (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars for a first offence and not exceeding fifty thousand dollars for each subsequent offence; or

  • (b) in the case of a corporation, to a fine not exceeding two hundred and fifty thousand dollars for a first offence and not exceeding five hundred thousand dollars for each subsequent offence.

Marginal note:Contravention of conditions of licence

33 Every person who contravenes or fails to comply with any condition of a licence issued to the person is guilty of an offence punishable on summary conviction.

Marginal note:Limitation

34 Proceedings for an offence under subsection 32(2) or section 33, may be instituted within, but not after, two years after the time when the subject-matter of the proceedings arose.

PART II.1Offence  — Paper Bill

Marginal note:Prohibition

34.1 No person who carries on a broadcasting undertaking shall charge a subscriber for providing the subscriber with a paper bill.

Marginal note:Offence

34.2 Every person who contravenes section 34.1 is guilty of an offence punishable on summary conviction and is liable

• (a) in the case of an individual, to a fine not exceeding $25,000 for a first offence and not exceeding $50,000 for each subsequent offence; or

• (b) in the case of a corporation, to a fine not exceeding $250,000 for a first offence and not exceeding $500,000 for each subsequent offence.

Marginal note:Limitation

34.3 No proceedings for an offence under section 34.2 are to be instituted more than two years after the time when the subject-matter of the proceedings arose.

PART IIICanadian Broadcasting Corporation

Interpretation

Marginal note:Definitions

• 35 (1) In this Part,

  auditor

  auditor means the auditor of the Corporation; (vérificateur)

  Board

  Board means the Board of Directors of the Corporation; (conseil d’administration)

  Chairperson

  Chairperson means the Chairperson of the Board; (président du conseil)

  director

  director means a director of the Corporation; (administrateur)

  President

  President means the President of the Corporation; (président-directeur général)

  wholly-owned subsidiary

  wholly-owned subsidiary has the same meaning as in Part X of the Financial Administration Act. (filiale à cent pour cent)

• Marginal note:Interpretation

  (2) This Part shall be interpreted and applied so as to protect and enhance the freedom of expression and the journalistic, creative and programming independence enjoyed by the Corporation in the pursuit of its objects and in the exercise of its powers.

Continuation of Corporation

Marginal note:Corporation continued

• 36 (1) The corporation known as the Canadian Broadcasting Corporation is hereby continued and shall consist of those directors who from time to time compose the Board.

• Marginal note:Board of Directors

  (2) There shall be a Board of Directors of the Corporation consisting of twelve directors, including the Chairperson and the President, to be appointed by the Governor in Council.

• Marginal note:Tenure

  (3) A director shall be appointed to hold office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause.

• Marginal note:Re-appointment

  (4) Subject to section 38, the Chairperson and the President are eligible for re-appointment on the expiration of any term of office but any other director who has served two consecutive terms is not, during the twelve months following the completion of the second term, eligible for appointment, except as Chairperson or President.

• Marginal note:Continuation in office

  (5) Notwithstanding subsections (3) and (4), if a director is not appointed to take office on the expiration of the term of office of an incumbent director, the incumbent director continues in office until a successor is appointed.

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.

Chairperson

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.

President

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.

Remuneration

Marginal note:Chairperson’s and President’s remuneration

• 43 (1) The Chairperson and the President shall be paid by the Corporation remuneration at the rate fixed by the Governor in Council.

• Marginal note:Fees of other directors

  (2) Each director, other than the Chairperson and the President, shall be paid by the Corporation such fees for attendance at meetings of the Board or any committee of directors as are fixed by the by-laws of the Corporation.

• Marginal note:Expenses

  (3) Each director is entitled to be paid by the Corporation such travel and living expenses incurred by the director in the performance of the duties of that director as are fixed by the by-laws of the Corporation.

Staff

Marginal note:Employment of staff

• 44 (1) The Corporation may, on its own behalf, employ such officers and employees as it considers necessary for the conduct of its business.

• Marginal note:Terms, etc., of employment

  (2) The officers and employees employed by the Corporation under subsection (1) shall, subject to any by-laws made under section 51, be employed on such terms and conditions and at such rates of remuneration as the Board deems fit.

• Marginal note:Not servants of Her Majesty

  (3) The officers and employees employed by the Corporation under subsection (1) are not officers or servants of Her Majesty.

Standing Committees

Marginal note:English and French language broadcasting committees

• 45 (1) The Board shall establish a standing committee of directors on English language broadcasting and a standing committee of directors on French language broadcasting, each consisting of the Chairperson, the President and such other directors as the Board may appoint.

• Marginal note:Chairperson or President shall preside

  (2) The Chairperson, or in the absence of the Chairperson, the President, shall preside at meetings of each standing committee established pursuant to subsection (1).

• Marginal note:Absence of Chairperson and President

  (3) In respect of each standing committee established pursuant to subsection (1), the Chairperson shall designate one of the directors to preside at meetings thereof in the event of the absence of both the Chairperson and the President.

• Marginal note:Duties of committees

  (4) The standing committee on English language broadcasting shall perform such duties in relation to English language broadcasting, and the standing committee on French language broadcasting shall perform such duties in relation to French language broadcasting, as are delegated to the committee by the by-laws of the Corporation.

Objects and Powers

Marginal note:Objects and powers

• 46 (1) The Corporation is established for the purpose of providing the programming contemplated by paragraphs 3(1)(l) and (m), in accordance with the conditions of any licence or licences issued to it by the Commission and subject to any applicable regulations of the Commission, and for that purpose the Corporation may

  • (a) establish, equip, maintain and operate broadcasting undertakings;

  • (b) make operating agreements with licensees for the broadcasting of programs;

  • (c) originate programs, secure programs from within or outside Canada by purchase, exchange or otherwise and make arrangements necessary for their transmission;

  • (d) make contracts with any person, within or outside Canada, in connection with the production or presentation of programs originated or secured by the Corporation;

  • (e) make contracts with any person, within or outside Canada, for performances in connection with the programs of the Corporation;

  • (f) with the approval of the Governor in Council, make contracts with any person for the provision by the Corporation of consulting or engineering services outside Canada;

  • (g) with the approval of the Governor in Council, distribute or market outside Canada programming services originated by the Corporation;

  • (h) with the approval of the Minister, act as agent for or on behalf of any person in providing programming to any part of Canada not served by any other licensee;

  • (i) collect news relating to current events in any part of the world and establish and subscribe to news agencies;

  • (j) publish, distribute and preserve, whether for a consideration or otherwise, such audio-visual material, papers, periodicals and other literary matter as may seem conducive to the attainment of the objects of the Corporation;

  • (k) produce, distribute and sell such consumer products as may seem conducive to the attainment of the objects of the Corporation;

  • (l) acquire copyrights and trademarks;

  • (m) acquire and use any patent, patent rights, licences or concessions that the Board considers useful for the purposes of the Corporation;

  • (n) make arrangements or agreements with any organization for the use of any rights, privileges or concessions that the Board considers useful for the purposes of the Corporation;

  • (o) acquire broadcasting undertakings either by lease or by purchase;

  • (p) make arrangements or agreements with any organization for the provision of broadcasting services;

  • (q) subject to the approval of the Governor in Council, acquire, hold and dispose of shares of the capital stock of any company or corporation that is authorized to carry on any business incidental or conducive to the attainment of the objects of the Corporation; and

  • (r) do all such other things as the Board deems incidental or conducive to the attainment of the objects of the Corporation.

• Marginal note:International service

  (2) The Corporation shall, within the conditions of any licence or licences issued to it by the Commission and subject to any applicable regulations of the Commission, provide an international service in accordance with such directions as the Governor in Council may issue.

• Marginal note:Power to act as agent

  (3) The Corporation may, within the conditions of any licence or licences issued to it by the Commission and subject to any applicable regulations of the Commission, act as an agent of Her Majesty in right of Canada or a province in respect of any broadcasting operations that it may be directed by the Governor in Council to carry out.

• Marginal note:Extension of services

  (4) In planning extensions of broadcasting services, the Corporation shall have regard to the principles and purposes of the Official Languages Act.

• Marginal note:Independence

  (5) The Corporation shall, in the pursuit of its objects and in the exercise of its powers, enjoy freedom of expression and journalistic, creative and programming independence.