- Short title
- PART I
- PART II
- Objects
- Objects
- Regulatory policy
- Conflict
- Employment equity
- Policy guidelines and statements
- Policy directions
- Exception
- Directions binding
- Exception
- Publication and tabling
- Consultation
- Procedure for issuance of policy directions
- Referral to committee
- Implementation of proposal
- Consultation
- Definition of “sitting day of Parliament”
- General Powers
- Licences, etc.
- Restrictions re conditions
- Exception
- Exemptions
- Regulations generally
- Application
- Publication of proposed regulation
- Regulations respecting licence fees
- Criteria
- Exceptions
- Debt due to Her Majesty
- Publication of proposed regulations
- Inquiries
- Mandatory orders
- Referral to Commission
- Enforcement of mandatory orders
- Procedure
- Effect of variation or rescission
- Research
- Review of technical matters
- Hearings and reports
- Consultation
- Powers respecting hearings
- Authority re questions of fact or law
- Hearings and Procedure
- Licences
- Conditions governing issue, amendment and renewal
- Exception
- Suspension or revocation of broadcasting certificate
- Issue, etc., contravening this section
- Consultation between Commission and Corporation
- Reference to Minister
- Ministerial directive
- Consultation
- Publication and tabling of directive
- Conditions governing suspension and revocation
- Licences of Corporation
- Publication of decision
- Report of alleged contravention or non-compliance by Corporation
- Report to be tabled
- General Powers of the Governor in Council
- Directions
- Idem
- Publication and tabling
- Consultation
- Effect of directions
- Request of Commission
- Definition of “Agreement”
- Setting aside or referring decisions back to Commission
- Order on reference back
- Powers on reference back
- Setting aside after confirmation
- Reasons
- Filing of petitions
- Notice
- Register
- Amendment of schedule
- Decisions and Orders
- Offences
- Objects
- PART III
- Interpretation
- Continuation of Corporation
- Chairperson
- President
- Remuneration
- Staff
- Standing Committees
- Objects and Powers
- Agent of Her Majesty
- Head Office and Meetings
- By-laws
- Financial Provisions
- Independence of the Corporation
- Idem
- Financial year
- Corporate plan
- Scope of corporate plan
- Contents of corporate plan
- Approval of Minister of Finance
- Capital budgets
- Notification of business activity
- Scope of budgets
- Form of budgets
- Approval of multi-year items
- Summary of plan
- Scope of summary
- Form of summary
- Tabling in Parliament
- Reference to committee
- Regulations
- Bank accounts
- Administration of Corporation funds
- Investments
- Proprietor’s Equity Account
- Receiver General account
- Interest
- Payment over surplus money
- Reports to Minister
- Auditor of the Corporation
- Report on wholly-owned subsidiaries
- Report to Parliament
- PART IV
- RELATED PROVISIONS
- AMENDMENTS NOT IN FORCE
Broadcasting Act (1991, c. 11)
Act current to February 26th, 2011
Attention: See coming into force provision and notes, where applicable.
Broadcasting Act
1991, c. 11
[Assented to February 1st, 1991]
An Act respecting broadcasting and to amend certain Acts in relation thereto and in relation to radiocommunication
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Broadcasting Act.
PART I
GENERAL
INTERPRETATION
Definitions
2. (1) In this Act,
“broadcasting” « radiodiffusion »
“broadcasting” means any transmission of programs, whether or not encrypted, by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus, but does not include any such transmission of programs that is made solely for performance or display in a public place;
“broadcasting receiving apparatus” « récepteur »
“broadcasting receiving apparatus” means a device, or combination of devices, intended for or capable of being used for the reception of broadcasting;
“broadcasting undertaking” « entreprise de radiodiffusion »
“broadcasting undertaking” includes a distribution undertaking, a programming undertaking and a network;
“Commission” « Conseil »
“Commission” means the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act;
“Corporation” « Société »
“Corporation” means the Canadian Broadcasting Corporation continued by section 36;
“distribution undertaking” « entreprise de distribution »
“distribution undertaking” means an undertaking for the reception of broadcasting and the retransmission thereof by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking;
“encrypted” « encodage »
“encrypted” means treated electronically or otherwise for the purpose of preventing intelligible reception;
“licence” « licence »
“licence” means a licence to carry on a broadcasting undertaking issued by the Commission under this Act;
“Minister” « ministre »
“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
“network” « réseau »
“network” includes any operation where control over all or any part of the programs or program schedules of one or more broadcasting undertakings is delegated to another undertaking or person;
“program” « émission »
“program” means sounds or visual images, or a combination of sounds and visual images, that are intended to inform, enlighten or entertain, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text;
“programming undertaking” « entreprise de programmation »
“programming undertaking” means an undertaking for the transmission of programs, either directly by radio waves or other means of telecommunication or indirectly through a distribution undertaking, for reception by the public by means of broadcasting receiving apparatus;
“radio waves” « ondes radioélectriques »
“radio waves” means electromagnetic waves of frequencies lower than 3 000 GHz that are propagated in space without artificial guide;
“temporary network operation” « exploitation temporaire d’un réseau »
“temporary network operation” means a network operation with respect to a particular program or a series of programs that extends over a period not exceeding sixty days.
Meaning of “other means of telecommunication”
(2) For the purposes of this Act, “other means of telecommunication” means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system.
Interpretation
(3) This Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings.
1991, c. 11, s. 2; 1993, c. 38, s. 81; 1995, c. 11, s. 43.
BROADCASTING POLICY FOR CANADA
Declaration
3. (1) It is hereby declared as the broadcasting policy for Canada that
(a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians;
(b) the Canadian broadcasting system, operating primarily in the English and French languages and comprising public, private and community elements, makes use of radio frequencies that are public property and provides, through its programming, a public service essential to the maintenance and enhancement of national identity and cultural sovereignty;
(c) English and French language broadcasting, while sharing common aspects, operate under different conditions and may have different requirements;
(d) the Canadian broadcasting system should
(i) serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada,
(ii) encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view,
(iii) through its programming and the employment opportunities arising out of its operations, serve the needs and interests, and reflect the circumstances and aspirations, of Canadian men, women and children, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of aboriginal peoples within that society, and