Broadcasting Act

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.