First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
STATUTES OF CANADA 2023
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An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
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ASSENTED TO
April 27, 2023
BILL C-11 |
This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable to scientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who are members of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act.
The enactment also makes related and consequential amendments to other Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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70-71 Elizabeth II – 1 Charles III |
CHAPTER 8 |
An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts |
[Assented to 27th April, 2023]
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His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as the Online Streaming Act.
1991, c. 11
broadcasting means any transmission of programs — regardless of whether the transmission is scheduled or on demand or whether the programs are encrypted or not — 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; (radiodiffusion)
broadcasting undertaking includes a distribution undertaking, an online undertaking, a programming undertaking and a network; (entreprise de radiodiffusion)
distribution undertaking means an undertaking for the reception of broadcasting and its retransmission by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking, but does not include such an undertaking that is an online undertaking; (entreprise de distribution)
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, but does not include such an operation that is an online undertaking; (réseau)
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, but does not include such an undertaking that is an online undertaking; (entreprise de programmation)
affiliate, in relation to any person, means any other person who controls that first person, or who is controlled by that first person or by a third person who also controls the first person; (affilié)
barrier has the same meaning as in section 2 of the Accessible Canada Act; (obstacle)
community element includes the element of the Canadian broadcasting system as part of which members of a community participate in the production of programs that are in a language used in the community including a not-for-profit broadcasting undertaking that is managed by a board of directors elected by the community; (élément communautaire)
control, in the definition affiliate, in paragraph 9.1(1)(m) and in subparagraph 9.1(1)(n)(i), includes control in fact, whether or not through one or more persons; (contrôle)
decision includes a determination made by the Commission in any form; (décision)
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones)
official language minority community means English-speaking communities in Quebec and French-speaking communities outside Quebec; (communauté de langue officielle en situation minoritaire)
online undertaking means an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus; (entreprise en ligne)
programming control means control over the selection of programs for transmission, but does not include control over the selection of a programming service for retransmission; (contrôle de la programmation)
(a) that is ancillary to a business not primarily engaged in the transmission of programs to the public and that is intended to provide clients with information or services directly related to that business;
(b) that is part of the operations of a primary or secondary school, a college, university or other institution of higher learning, a public library or a museum; or
(c) that is part of the operations of a theatre, concert hall or other venue for the presentation of live performing arts.
(a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings and creators;
(b) the right to privacy of individuals; and
(c) the commitment of the Government of Canada to enhance the vitality of official language minority communities and to support and assist their development, as well as to foster the full recognition and use of both English and French in Canadian society.
(a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and it is recognized that it includes foreign broadcasting undertakings that provide programming to Canadians;
(a.1) each broadcasting undertaking shall contribute to the implementation of the objectives of the broadcasting policy set out in this subsection in a manner that is appropriate in consideration of the nature of the services provided by the undertaking;
(c) while sharing common aspects, English and French language broadcasting operate under different conditions — in particular, the minority context of French in North America — and may have different requirements;
(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, and foster an environment that encourages the development and export of Canadian programs globally,
(iii) through its programming and the employment opportunities arising out of its operations, serve the needs and interests of all Canadians — including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages — and reflect their circumstances and aspirations, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of Indigenous peoples and languages within that society,
(iii.1) provide opportunities to Indigenous persons to produce programming in Indigenous languages, English or French, or in any combination of them, and to carry on broadcasting undertakings,
(iii.11) provide opportunities to Black and other racialized persons in Canada by taking into account their specific needs and interests, namely, by supporting the production and broadcasting of original programs by and for Black and other racialized communities,
(iii.2) support the production and broadcasting of original French language programs,
(iii.3) enhance the vitality of official language minority communities in Canada and support and assist their development by taking into account their specific needs and interests, including through supporting the production and broadcasting of original programs by and for those communities,
(iii.4) support community broadcasting that reflects both the diversity of the communities being served, including with respect to the languages in use within those communities and to their ethnocultural and Indigenous composition, and the high engagement and involvement in community broadcasting by members of those communities, including with respect to matters of public concern,
(iii.5) ensure that Canadian independent broadcasting undertakings continue to be able to play a vital role within that system,
(iii.6) support the production and broadcasting of programs in a diversity of languages that reflect Black and other racialized communities and the diversity of the ethnocultural composition of Canadian society, including through broadcasting undertakings that are carried on by Canadians from Black or other racialized communities and diverse ethnocultural backgrounds,
(iii.7) provide opportunities to Canadians from Black or other racialized communities and diverse ethnocultural backgrounds to produce and broadcast programs by and for those communities,
(iv) promote innovation and be readily adaptable to scientific and technological change,
(v) reflect and be responsive to the preferences and interests of various audiences, and
(vi) ensure freedom of expression and journalistic independence;
(f) each Canadian broadcasting undertaking shall employ and make maximum use, and in no case less than predominant use, of Canadian creative and other human resources in the creation, production and presentation of programming, unless the nature of the service provided by the undertaking, such as specialized content or format or the use of languages other than French and English, renders that use impracticable, in which case the undertaking shall make the greatest practicable use of those resources;
(f.1) each foreign online undertaking shall make the greatest practicable use of Canadian creative and other human resources, and shall contribute in an equitable manner to strongly support the creation, production and presentation of Canadian programming, taking into account the linguistic duality of the market they serve;
(g) the programming over which a person who carries on a broadcasting undertaking has programming control should be of high standard;
(h) all persons who carry on broadcasting undertakings have a responsibility for the programs that they broadcast and over which they have programming control;
(i) be varied and comprehensive, providing a balance of information, enlightenment and entertainment for people of all ages, interests and tastes,
(i.1) reflect and support Canada’s linguistic duality by placing significant importance on the creation, production and broadcasting of original French language programs, including those from French linguistic minority communities,
(ii) be drawn from local, regional, national and international sources, including, at the local level, from community broadcasters who, through collaboration with local organizations and community members, are in the unique position of being able to provide varied programming to meet the needs of specific audiences,
(ii.1) include programs produced by Canadians that cover news and current events — from the local and regional to the national and international — and that reflect the viewpoints of Canadians, including the viewpoints of Indigenous persons and of Canadians from Black or other racialized communities and diverse ethnocultural backgrounds,
(ii.2) reflect the importance of Indigenous language revitalization by supporting the production and broadcasting of Indigenous language programming, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and in response to the Truth and Reconciliation Commission of Canada’s Calls to Action,
(iv) provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern and to directly participate in public dialogue on those matters including through the community element, and
(k) a range of broadcasting services in English and in French shall be extended to all Canadians;
(l) the Canadian Broadcasting Corporation, as the national public broadcaster, should provide broadcasting services incorporating a wide range of programming that informs, enlightens and entertains;
(iv) be in English and in French, reflecting the different needs and circumstances of each official language community, including the specific needs and interests of official language minority communities,
(o) programming that reflects the Indigenous cultures of Canada and programming that is in Indigenous languages should be provided — including through broadcasting undertakings that are carried on by Indigenous persons — within community elements, which are positioned to serve smaller and remote communities, and other elements of the Canadian broadcasting system in order to serve Indigenous peoples where they live;
(p) programming that is accessible without barriers to persons with disabilities should be provided within the Canadian broadcasting system, including through community broadcasting, as well as the opportunity for them to develop their own content and voices;
(p.1) programming that is accessible without barriers to persons with disabilities should be provided within the Canadian broadcasting system, including without limitation, closed captioning services and described video services available to assist persons living with a visual or auditory impairment;
(q) online undertakings that provide the programming services of other broadcasting undertakings should
(i) ensure the discoverability of Canadian programming services and original Canadian programs, including original French language programs, in an equitable proportion,
(ii) when programming services are supplied to them by other broadcasting undertakings under contractual arrangements, provide reasonable terms for the carriage, packaging and retailing of those programming services, and
(iii) ensure the delivery of programming at affordable rates;
(r) online undertakings shall clearly promote and recommend Canadian programming, in both official languages as well as in Indigenous languages, and ensure that any means of control of the programming generates results allowing its discovery;
(s) the programming provided by the community element should
(i) be innovative and complementary to the programming provided for mass audiences,
(ii) cater to tastes and interests not adequately provided for by the programming provided for mass audiences and include programs devoted to culture, politics, history, health and public safety, local news and current events, local economy and the arts,
(iii) reflect Canada’s communities, regions, Indigenous and multicultural nature, including through third-language programming,
(iv) support new and emerging Canadian creative talent, as a cost-effective venue for learning new skills, taking risks and exchanging ideas,
(v) through community participation, strengthen the democratic process and support local journalism, and
(vi) be available throughout Canada so that all Canadians can engage in dialogue on matters of public concern; and
(a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them; or
(b) is prescribed by regulations made under section 4.2.
(a) the extent to which a program, uploaded to an online undertaking that provides a social media service, directly or indirectly generates revenues;
(b) the fact that such a program has been broadcast, in whole or in part, by a broadcasting undertaking that
(i) is required to be carried on under a licence, or
(ii) is required to be registered with the Commission but does not provide a social media service; and
(c) the fact that such a program has been assigned a unique identifier under an international standards system.
(a) in respect of which neither the user of a social media service who uploads the program nor the owner or licensee of copyright in the program receives revenues; or
(b) that consists only of visual images.
(a) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate — including the minority context of French in North America — and the specific needs and interests of official language minority communities in Canada and of Indigenous peoples;
(a.1) takes into account the nature and diversity of the services provided by broadcasting undertakings, as well as their size, their impact on the Canadian creation and production industry, particularly with respect to employment in Canada and Canadian programming, their contribution to the implementation of the broadcasting policy set out in subsection 3(1) and any other characteristic that may be relevant in the circumstances;
(a.2) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner;
(c) promotes innovation and is readily adaptable to scientific and technological change;
(e) facilitates the provision to Canadians of Canadian programs created and produced in both official languages, including those created and produced by official language minority communities in Canada, as well as in Indigenous languages;
(e.1) facilitates the provision of programs that are accessible without barriers to persons with disabilities;
(e.2) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities;
(g.1) protects the privacy of individuals who are members of the audience for programs broadcast by broadcasting undertakings; and
(h) takes into account the variety of broadcasting undertakings to which this Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).
(a) gather information to test its policies, decisions and initiatives;
(b) propose policies, decisions and initiatives that have not been finalized;
(c) seek the communities’ opinions with regard to the policies, decisions or initiatives that are the subject of the consultations;
(d) provide them with all relevant information on which those policies, decisions or initiatives are based;
(e) openly and meaningfully consider those opinions;
(f) be prepared to alter those policies, decisions or initiatives; and
(g) provide the communities with feedback, both during the consultation process and after a decision has been made.
(a) specify in the notice the period — of at least 30 days from the day on which the notice was published under paragraph (1)(a) — during which interested persons may make representations; and
(b) publish the representations that are made during that period.
(a) establish classes of licences other than for online undertakings;
(b) issue a licence, the term of which may be indefinite or fixed by the Commission;
(c) amend a licence as to its term, on the application of the licensee;
(d) amend a licence other than as to its term, on the application of the licensee or on the Commission’s own motion;
(e) renew a licence, the term of which may be indefinite or fixed by the Commission; and
(f) suspend or revoke a licence.
1994, c. 26, s. 10(F)
(a) the proportion of programs to be broadcast that shall be Canadian programs and the proportion of time that shall be devoted to the broadcasting of Canadian programs;
(b) the proportion of Canadian programs to be broadcast that shall be original French language programs, including first-run programs;
(c) the proportion of programs to be broadcast that shall be original French language programs;
(d) the proportion of programs to be broadcast that shall be devoted to specific genres, in order to ensure the diversity of programming;
(e) the presentation of programs and programming services for selection by the public, including the showcasing and the discoverability of Canadian programs and programming services, such as original French language programs;
(f) a requirement for a person carrying on a broadcasting undertaking, other than an online undertaking, to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier, as defined in the Telecommunications Act, for the distribution of programming directly to the public;
(g) a requirement for a person carrying on a distribution undertaking to give priority to the carriage of broadcasting;
(h) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services, specified by the Commission, that are provided by a broadcasting undertaking;
(i) a requirement, without terms or conditions, for a person carrying on an online undertaking that provides the programming services of other broadcasting undertakings in a manner that is similar to a distribution undertaking to carry programming services, specified by the Commission, that are provided by a broadcasting undertaking;
(j) terms and conditions of service in contracts between distribution undertakings and their subscribers;
(k) access by persons with disabilities to programming, including the identification, prevention and removal of barriers to such access;
(l) the carriage of emergency messages;
(m) any change in the ownership or control of a broadcasting undertaking that is required to be carried on under a licence;
(n) the provision to the Commission, by licensees or persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to
(i) the ownership, governance and control of those licensees or exempt persons, and
(ii) the affiliation of those licensees or exempt persons with any affiliates carrying on broadcasting undertakings;
(o) the provision to the Commission, by persons carrying on broadcasting undertakings, of any other information that the Commission considers necessary for the administration of this Act, including
(i) financial or commercial information,
(ii) information related to programming,
(iii) information related to expenditures made under section 11.1, and
(iv) information related to audience measurement, other than information that could identify any individual audience member; and
(p) continued ownership and control by Canadians of Canadian broadcasting undertakings.
b) définissant « émission canadienne » pour l’application de la présente loi;
(c) respecting standards for programs over which a person carrying on a broadcasting undertaking has programming control and the allocation of broadcasting time, for the purpose of giving effect to the broadcasting policy set out in subsection 3(1);
d) concernant la nature de la publicité et le temps d’antenne qui peut y être consacré;
(e) respecting, in relation to a broadcasting undertaking other than an online undertaking, the proportion of time that may be devoted to the broadcasting of programs, including advertisements or announcements, of a partisan political character and the assignment of that time on an equitable basis to political parties and candidates;
f) prescrivant les conditions d’exploitation des entreprises de programmation faisant partie d’un réseau ainsi que les conditions de radiodiffusion des émissions de réseau et concernant le temps d’antenne à réserver à celles-ci par ces entreprises;
g) concernant la fourniture de services de programmation — même étrangers — par les entreprises de distribution;
h) pourvoyant au règlement — notamment par la médiation — de différends concernant la fourniture de programmation et survenant entre les entreprises de programmation qui la transmettent et les entreprises de distribution;
(h.1) respecting unjust discrimination by a person carrying on a broadcasting undertaking and undue or unreasonable preference given, or undue or unreasonable disadvantage imposed, by such a person;
(i) respecting the registration of broadcasting undertakings with the Commission;
(j) respecting the audit or examination of records and books of account of persons carrying on broadcasting undertakings by the Commission or persons acting on behalf of the Commission; and
k) concernant toute autre mesure qu’il estime nécessaire à l’exécution de sa mission.
(a) whether Canadians, including independent producers, have a right or interest in relation to a program, including copyright, that allows them to control and benefit in a significant and equitable manner from the exploitation of the program;
(b) whether key creative positions in the production of a program are primarily held by Canadians;
(c) whether a program furthers Canadian artistic and cultural expression;
(d) the extent to which persons carrying on online undertakings or programming undertakings collaborate with independent Canadian producers, with persons carrying on Canadian broadcasting undertakings producing their own programs, with producers associated with Canadian broadcasting undertakings or with any other person involved in the Canadian program production industry, including Canadian owners of copyright in musical works or in sound recordings; and
(e) any other matter that may be prescribed by regulation.
(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) concernant toute autre mesure d’application du présent article qu’il estime nécessaire.
(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.
(a) developing, financing, producing or promoting Canadian audio or audio-visual programs, including independent productions, for broadcasting by broadcasting undertakings;
(b) supporting, promoting or training Canadian creators of audio or audio-visual programs for broadcasting by broadcasting undertakings;
(b.1) supporting broadcasting undertakings offering programming services that, in the Commission’s opinion, are of exceptional importance to the achievement of the objectives of the broadcasting policy set out in subsection 3(1);
(c) supporting participation by persons, groups of persons or organizations representing the public interest in proceedings before the Commission under this Act; or
(d) supporting the development of initiatives — including tools — that, in the Commission’s opinion, are efficient and necessary for the achievement of the objectives of the broadcasting policy set out in subsection 3(1).
(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.
2014, c. 39, s. 191(1); 2019, c. 10, s. 161(1)
(a) any person is contravening or has contravened this Part or any regulation, licence, decision or order made or issued by the Commission under this Part;
(b) any person is contravening or has contravened section 34.1;
(c) any person is contravening or has contravened sections 42 to 44 of the Accessible Canada Act; or
(d) the circumstances may require the Commission to make any decision or order or to give any approval that it is authorized to make or give under this Part or under any regulation or order made under this Part.
(c) the establishing of any performance objectives for the purposes of paragraphs 11(2)(b) and 11.1(6)(b); and
(a) the amendment or renewal of a licence;
(b) the making of an order under subsection 9.1(1) or 11.1(2); and
(c) the making of any regulation under this Act.
(a) the licensee has contravened any order made under subsection 9.1(1), 11.1(2) or 12(2) or any regulation made under this Part; or
(a) information that is a trade secret;
(b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
(c) information the disclosure of which could reasonably be expected
(i) to result in material financial loss or gain to any person,
(ii) to prejudice the competitive position of any person, or
(iii) to affect contractual or other negotiations of any person.
(a) a member of, or a person employed by, the Commission;
(b) in respect of information disclosed under paragraph (4)(b) or (5)(b), the Commissioner of Competition appointed under the Competition Act or a person whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act;
(c) in respect of information provided under section 25.1, the Minister, the Chief Statistician of Canada or an agent of or a person employed in the federal public administration.
(a) disclose the information or require its disclosure if the Commission determines, after considering any representations from interested persons, that the disclosure is in the public interest; and
(b) disclose the information or require its disclosure to the Commissioner of Competition on the Commissioner’s request if the Commission determines that the information is relevant to competition issues being considered in the proceedings.
(a) disclose the information or require its disclosure if, after considering any representations from interested persons, the Commission considers that the information is relevant to a matter arising in the exercise of its powers or the performance of its duties and functions and determines that the disclosure is in the public interest; and
(b) disclose the information or require its disclosure to the Commissioner of Competition, on the Commissioner’s request, if the Commission considers that the information is relevant to competition issues that are related to such a matter.
(a) under paragraph (4)(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or
(b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5).
(b) rescind the issue of the licence and issue a licence to another person; or
(a) they do so in accordance with a licence issued to them; or
(b) they are exempt, under an order made under subsection 9(4), from the requirement to hold a licence.
(a) in the case of an individual, to a fine of not more than $25,000 for each day that the offence continues; or
(b) in the case of a corporation, to a fine of not more than $250,000 for each day that the offence continues.
(a) in the case of an individual, to a fine of not more than $25,000 for a first offence and of not more than $50,000 for each subsequent offence; or
(b) in the case of a corporation, to a fine of not more than $250,000 for a first offence and of not more than $500,000 for each subsequent offence.
(a) contravene a regulation or order made under Part II;
(b) contravene the requirement to negotiate in good faith under subsection 9.1(9);
(c) carry on a broadcasting undertaking in contravention of section 31.1;
(d) charge a subscriber for providing the subscriber with a paper bill in contravention of section 34.1;
(e) contravene an undertaking that they entered into under section 34.9;
(f) fail to submit information in accordance with a notice issued under section 34.996 to a person designated under paragraph 34.7(a) that the designated person requires by the notice;
(g) knowingly make a material misrepresentation of fact in contravention of section 34.997; or
(h) contravene any of subsections 42(1) to (4) and (7), 43(1) to (3) and 44(1) to (3) and (6) of the Accessible Canada Act.
(a) in the case of an individual, of not more than $25,000 for a first violation and of not more than $50,000 for each subsequent violation; or
(b) in any other case, of not more than $10 million for a first violation and of not more than $15 million for each subsequent violation.
(a) the nature and scope of the violation;
(b) the history of compliance by the person who committed the violation with this Act, the regulations and the decisions and orders made by the Commission under this Act;
(c) the person’s history with respect to any previous undertaking entered into under section 34.9;
(d) any benefit that the person obtained from the commission of the violation;
(e) the person’s ability to pay the penalty;
(f) any factors established by regulation;
(g) the purpose of the penalty, which is to promote compliance with this Act — or, in the case of a penalty imposed for a violation referred to in paragraph 34.4(1)(h), compliance with the Accessible Canada Act — and not to punish; and
(h) any other relevant factor.
(a) designate persons or classes of persons who are authorized to issue notices of violation or to accept an undertaking under section 34.9; and
(b) establish, in respect of each violation, a short-form description to be used in notices of violation.
(a) the name of the person who is believed to have committed a violation;
(b) the act or omission giving rise to the violation, as well as a reference to the provision that is at issue;
(c) the administrative monetary penalty that the person is liable to pay, as well as the time and manner in which the person may pay the penalty;
(d) a statement informing the person that they may pay the penalty or make representations to the Commission with respect to the violation and the penalty and informing them of the time and manner for making such representations; and
(e) a statement informing the person that, if they do not pay the penalty or make representations in accordance with the notice, they will be deemed to have committed the violation and the penalty may be imposed.
(a) shall set out every act or omission that is covered by the undertaking;
(b) shall set out every provision that is at issue;
(c) may contain any conditions that the Commission or the person designated to accept the undertaking considers appropriate; and
(d) may include a requirement to pay a specified amount.
(a) impose the administrative monetary penalty set out in the notice, a lesser penalty or no penalty; and
(b) suspend payment of the administrative monetary penalty subject to any conditions that the Commission considers necessary to ensure compliance with this Act.
(a) the name of a person who enters into an undertaking under section 34.9, the nature of the undertaking including the acts or omissions and provisions at issue, the conditions included in the undertaking and the amount payable under it, if any; or
(b) the name of a person who is deemed, or is found by the Commission or on appeal, to have committed a violation, the acts or omissions and provisions at issue and the amount of the penalty imposed, if any.
(a) the amount of the penalty imposed by the Commission in a decision made in the course of a proceeding before it under this Act in which it finds that a violation referred to in section 34.4 has been committed;
(b) the amount payable under an undertaking entered into under section 34.9, beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is accepted;
(c) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice;
(d) if representations are made, either the amount of the administrative monetary penalty that is imposed by the Commission or on appeal, as the case may be, beginning on the day specified by the Commission or the court or, if no day is specified, beginning on the day on which the decision is made; and
(e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).
(a) providing for exceptions to any of paragraphs 34.4(1)(a) to (h);
(b) increasing the maximum administrative monetary penalty amounts set out in subsection 34.5(1);
(c) for the purpose of paragraph 34.5(2)(f), establishing other factors to be considered in determining the amount of the penalty;
(d) respecting undertakings referred to in section 34.9;
(e) respecting the service of documents required or authorized to be served under this Part, including the manner and proof of service and the circumstances under which documents are to be considered to be served; and
(f) generally, for carrying out the purposes and provisions of this Part.
(a) in the case of an individual, to a fine of not more than $10,000 for a first offence and of not more than $25,000 for each subsequent offence; or
(b) in any other case, to a fine of not more than $100,000 for a first offence and of not more than $250,000 for each subsequent offence.
(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.
(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).
(b) make agreements with persons carrying on broadcasting undertakings for the broadcasting of programs;
a) concernant la convocation de ses réunions;
b) concernant le déroulement de celles-ci ainsi que la constitution de comités permanents et spéciaux, la délégation de fonctions à ces comités — y compris ceux visés à l’article 45 — et la fixation de leur quorum;
c) fixant les honoraires des administrateurs autres que le président du conseil et le président-directeur général, pour leur présence à ses réunions ou à celles des comités, ainsi que les indemnités de déplacement et de séjour à payer à tous les administrateurs;
d) concernant, d’une part, les obligations et le code de conduite des administrateurs et du personnel de la Société et, d’autre part, les conditions d’emploi et les modalités de cessation d’emploi de celui-ci, y compris le paiement à titre individuel ou collectif, de toute gratification — indemnité de retraite ou autre;
e) concernant la création et la gestion d’une caisse de retraite pour les administrateurs et le personnel de la Société et les personnes à leur charge, ainsi que les cotisations de celle-ci à cette caisse et le placement de ses fonds;
f) d’une façon générale, régissant la conduite des activités de la Société.
1992, c. 33
(ii) broadcasting undertakings, regulated under the Broadcasting Act, that are federal works, undertakings or businesses, as defined in section 2 of the Canada Labour Code, or that are corporations established to perform any function or duty on behalf of the Government of Canada;
2010, c. 23
(a) the person to whom the message is sent has expressly or implicitly consented to the transmission of a program, as defined in that subsection, from that online undertaking to an electronic address; and
(b) the message is or forms part of that program or is sent in the course of the transmission of that program to the electronic address to which that program is transmitted.
2018, c. 16
(b) in respect of broadcasting, as defined in subsection 2(1) of the Broadcasting Act, by
(i) a distribution undertaking, as defined in that subsection 2(1), that is lawful under that Act, other than the broadcasting of a promotion that is inserted by the undertaking, or
(ii) an online undertaking, as defined in that subsection 2(1), that is lawful under that Act, in respect of the retransmission of programs over the Internet, other than the broadcasting of a promotion that is inserted by the undertaking; and
R.S., c. A-1
Broadcasting Act
Loi sur la radiodiffusion
and a corresponding reference to “subsection 25.3(2)”.
R.S., c. C-22
2019, c. 10, s. 147
(e) notices of violation issued under section 34.8 of the Broadcasting Act in relation to contraventions of a regulation or order made under Part II of that Act in relation to the identification, prevention and removal of barriers; and
(f) notices of violation issued under section 34.8 of the Broadcasting Act in relation to contraventions of any of subsections 42(1) to (4) and (7), 43(1) to (3) and 44(1) to (3) and (6) of the Accessible Canada Act.
R.S., c. C-42
1997, c. 24, s. 18(1); 2012, c. 20, s. 33
(a) a programming undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act;
(b) a programming undertaking described in paragraph (a) that originates programs within a network, as defined in subsection 2(1) of the Broadcasting Act; or
(c) a distribution undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act, in respect of the programs that it originates.
For greater certainty, it does not include an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.
1997, c. 24, s. 18(1)
2002, c. 26, s. 2(2)
new media retransmitter means a person whose retransmission would be lawful under the Broadcasting Act — as that Act read immediately before the day on which section 31.1 of that Act comes into force — only by reason of the Exemption order for digital media broadcasting undertakings, issued by the Canadian Radio-television and Telecommunications Commission as the appendix to Broadcasting Order CRTC 2012-409, as it read immediately before that day; (retransmetteur de nouveaux médias)
2002, c. 26, s. 2(1)
retransmitter has the meaning assigned by the regulations; (retransmetteur)
2002, c. 26, s. 2(3)
(a) defining “retransmitter” for the purposes of this section;
(a.1) defining “local signal” and “distant signal” for the purposes of subsection (2); and
1992, c. 30
shall, subject to the regulations made pursuant to that Act and to the conditions imposed on it under section 9.1 of that Act, make available, at no cost, to registered referendum committees for the transmission of referendum announcements and other programming produced by or on behalf of those committees an aggregate of three hours of broadcasting time during prime time.
2000, c. 9
2001, c. 21, s. 17
2001, c. 21, s. 18
2019, c. 10
(b) the conditions imposed on the regulated entity under section 9.1 of the Broadcasting Act that relate to the identification and removal of barriers and the prevention of new barriers;
(a) a condition imposed under section 9.1 of the Broadcasting Act;
48 (1) The following definitions apply in this section and sections 49 to 52.
new Act means the Broadcasting Act as it reads as of the royal assent day. (nouvelle loi)
old Act means the Broadcasting Act as it read immediately before the royal assent day. (ancienne loi)
royal assent day means the day on which this Act receives royal assent. (date de sanction)
(2) Unless otherwise provided, words and expressions used in sections 49 to 52 have the same meanings as in the Broadcasting Act.
49 (1) Each of the following is deemed to be a condition imposed under an order, made under section 9.1 of the new Act, that applies only with respect to a particular licensee:
(a) a condition of their licence imposed under section 9 of the old Act that, as of the royal assent day, could not be made the subject of an order under subsection 11.1(2) of the new Act;
(b) a requirement imposed on the licensee under any of paragraphs 9(1)(f) to (h) of the old Act.
(2) Any regulation made under paragraph 10(1)(a) or 10(1)(i) of the old Act is deemed to be an order made under section 9.1 of the new Act.
50 (1) The following are deemed to be regulations made under subsection 11.1(1) of the new Act:
(a) any terms and conditions imposed under an order made under subsection 9(4) of the old Act that, as of the royal assent day, could be the subject of such regulations; and
(b) any regulations made under subsection 10(1) of the old Act that, as of the royal assent day, could be made under subsection 11.1(1) of the new Act.
(2) Any condition of a licensee’s licence that, as of the royal assent day, could be made the subject of an order under subsection 11.1(2) of the new Act is deemed to be a provision of such an order that applies only with respect to the licensee.
51 (1) Section 28 of the old Act continues to apply with respect to any decision of the Commission to issue, amend or renew a licence that is made before the royal assent day.
(2) A person is not permitted to make a petition — and the Governor in Council is not permitted to make an order — under subsection 28(1) of the new Act with respect to a decision to renew a licence made by the Commission during the transition period if the Commission specifies, in renewing that licence, that it is an interim licence and if its term is for no more than one year.
(3) In subsection (2), transition period means the period beginning on the royal assent day and ending on the second anniversary of that day.
52 (1) The expenditures described in subsection (2) are deemed to have been validly required by the Commission under the old Act.
(2) Subsection (1) applies with respect to the expenditures — including, for greater certainty, the contributions — that were made by a broadcasting undertaking before the royal assent day under
(a) a condition of a licence issued under the old Act;
(b) a term or condition of an order made under subsection 9(4) of that Act; or
(c) regulations made under section 10 of that Act.
Published under authority of the Speaker of the House of Commons
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