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Broadcasting Act

Version of section 38 from 2023-04-27 to 2024-04-01:


Marginal note:Outside interests of directors

  •  (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 described in subsection (3);

    • (b) has any pecuniary or proprietary interest in such a broadcasting undertaking; or

    • (c) is principally engaged in the production or distribution of program material that is primarily intended for use by such 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:Application

    (3) Subsection (1) applies with respect to a broadcasting undertaking that

    • (a) must be carried on under a licence;

    • (b) is carried on by a person who is exempt from the requirement to hold a licence, under an order made under subsection 9(4); or

    • (c) must be registered with the Commission under regulations made under paragraph 10(1)(i).

  • 1991, c. 11, s. 38
  • 2023, c. 8, s. 28

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