Broadcasting Act

Marginal note:Licences, etc.

• 9 (1) Subject to this Part, the Commission may, in furtherance of its objects,

  • (a) establish classes of licences;

  • (b) issue licences for such terms not exceeding seven years and subject to such conditions related to the circumstances of the licensee

    • (i) as the Commission deems appropriate for the implementation of the broadcasting policy set out in subsection 3(1), and

    • (ii) in the case of licences issued to the Corporation, as the Commission deems consistent with the provision, through the Corporation, of the programming contemplated by paragraphs 3(1)(l) and (m);

  • (c) amend any condition of a licence on application of the licensee or, where five years have expired since the issuance or renewal of the licence, on the Commission’s own motion;

  • (d) issue renewals of licences for such terms not exceeding seven years and subject to such conditions as comply with paragraph (b);

  • (e) suspend or revoke any licence;

  • (f) require any licensee to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier for the distribution of programming directly to the public using the facilities of that common carrier;

  • (g) require any licensee who is authorized to carry on a distribution undertaking to give priority to the carriage of broadcasting; and

  • (h) require any licensee who is authorized to carry on a distribution undertaking to carry, on such terms and conditions as the Commission deems appropriate, programming services specified by the Commission.

• Marginal note:Restrictions re conditions

  (2) Notwithstanding subsections (1) and 28(3), no licence of a distribution undertaking may be made subject to a condition that requires the licensee to substitute replacement material for commercial messages carried in a broadcasting signal received by that licensee.

• Marginal note:Exception

  (3) Subsection (2) does not apply in respect of a condition of a licence renewed after October 4, 1987 where before that date the licensee was complying with such a condition.

• Marginal note:Exemptions

  (4) The Commission shall, by order, on such terms and conditions as it deems appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all of the requirements of this Part or of a regulation made under this Part where the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).