GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Broadcasting Act — B-9.01 34.98
Information may be made public 34.98 The Commission may make public (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. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.99
Special case concerning the Corporation — public hearing 34.99 (1) Despite subsections 34.6(1) and 34.92(2) and (3), the Commission shall not impose a penalty under any of those subsections on the Corporation for a violation other than the one referred to in paragraph 34.4(1)(h) without holding a public hearing on the matter. Place of hearing (2) A public hearing under subsection (1) may be held at any place in Canada designated by the Chairperson of the Commission. Notice of hearing (3) The Commission shall cause notice of any public hearing to be held by it under subsection (1) to be published in the Canada Gazette and in one or more newspapers of general circulation within any area affected or likely to be affected by the matter to which the public hearing relates. Powers respecting hearings (4) The Commission has, in respect of any hearing under subsection (1), with regard to the attendance, swearing and examination of witnesses at the hearing, the production and inspection of documents and other matters necessary or proper in relation to the hearing, all of the powers, rights and privileges that are vested in a superior court of record. For greater certainty (5) For greater certainty, sections 17, 20 and 21 apply in respect of public hearings under subsection (1). 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.991
Report of violation 34.991 (1) If the Commission is satisfied, after holding a public hearing on the matter, that the Corporation has committed a violation referred to in any of paragraphs 34.4(1)(a) to (g), the Commission shall forward to the Minister a report setting out the circumstances of the violation, the findings of the Commission, the amount of any penalty imposed, and any observations or recommendations of the Commission in connection with the violation. Report to be tabled (2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.992
Violation or offence 34.992 (1) If an act or omission can be proceeded with either as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other. For greater certainty (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.993
Receiver General 34.993 An administrative monetary penalty paid or recovered in relation to a violation is payable to the Receiver General. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.994
Debt due to Her Majesty 34.994 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (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). Limitation period or prescription (2) Proceedings to recover a debt may be instituted within, but not after, three years after the day on which the debt becomes payable. Certificate of default (3) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1). Effect of registration (4) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.995
Regulations 34.995 The Governor in Council may make regulations (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. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.996
Information requirement 34.996 A person designated under paragraph 34.7(a) who believes that a person is in possession of information that is reasonably considered to be relevant for the purpose of verifying whether a violation referred to in section 34.4 has been committed may, by notice, require that person to submit the information to the designated person in the form and manner and within the reasonable time that is stipulated in the notice. A person to whom any such notice is addressed shall comply with the notice. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.997
Prohibition 34.997 It is prohibited for any person to knowingly make a material misrepresentation of fact to a person designated under paragraph 34.7(a). 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.998
Offence 34.998 (1) Every person who contravenes section 34.997 is guilty of an offence punishable on summary conviction and is liable (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. Limitation (2) Proceedings in respect of an offence under subsection (1) may be instituted within, but not after, two years after the day on which the subject matter of the proceedings arose. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 35
Definitions 35 (1) In this Part, auditor means the auditor of the Corporation; ( vérificateur ) Board means the Board of Directors of the Corporation; ( conseil d’administration ) Chairperson means the Chairperson of the Board; ( président du conseil ) director means a director of the Corporation; ( administrateur ) President means the President of the Corporation; ( président-directeur général ) wholly-owned subsidiary has the same meaning as in Part X of the Financial Administration Act . ( filiale à cent pour cent ) Interpretation (2) This Part shall be interpreted and applied so as to protect and enhance the freedom of expression and the journalistic, creative and programming independence enjoyed by the Corporation in the pursuit of its objects and in the exercise of its powers.
Broadcasting Act — B-9.01
auditor means the auditor of the Corporation; ( vérificateur )
Broadcasting Act — B-9.01
Board means the Board of Directors of the Corporation; ( conseil d’administration )
Broadcasting Act — B-9.01
Chairperson means the Chairperson of the Board; ( président du conseil )
Broadcasting Act — B-9.01
director means a director of the Corporation; ( administrateur )
Broadcasting Act — B-9.01
President means the President of the Corporation; ( président-directeur général )
Broadcasting Act — B-9.01
wholly-owned subsidiary has the same meaning as in Part X of the Financial Administration Act . ( filiale à cent pour cent )
Broadcasting Act — B-9.01 36
Corporation continued 36 (1) The corporation known as the Canadian Broadcasting Corporation is hereby continued and shall consist of those directors who from time to time compose the Board. Board of Directors (2) There shall be a Board of Directors of the Corporation consisting of twelve directors, including the Chairperson and the President, to be appointed by the Governor in Council. Tenure (3) A director shall be appointed to hold office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause. Re-appointment (4) Subject to section 38, the Chairperson and the President are eligible for re-appointment on the expiration of any term of office but any other director who has served two consecutive terms is not, during the twelve months following the completion of the second term, eligible for appointment, except as Chairperson or President. Continuation in office (5) Notwithstanding subsections (3) and (4), if a director is not appointed to take office on the expiration of the term of office of an incumbent director, the incumbent director continues in office until a successor is appointed. 1991, c. 11, s. 36; 1995, c. 29, s. 4
Broadcasting Act — B-9.01 37
Oath of office 37 Every director shall, before entering on the director’s duties, take and subscribe, before the Clerk of the Privy Council, an oath or solemn affirmation, which shall be filed in the office of the Clerk, in the following form: I, , do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of . ( Add, in the case where an oath is taken, “So help me God”.)
Broadcasting Act — B-9.01
I, , do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of . ( Add, in the case where an oath is taken, “So help me God”.)
Broadcasting Act — B-9.01 38
Outside interests of directors 38 (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. 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. 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
Broadcasting Act — B-9.01 39
Responsibility of directors 39 Subject to this Part, the Board is responsible for the management of the businesses, activities and other affairs of the Corporation.
Broadcasting Act — B-9.01 40
Accountability of Corporation to Parliament 40 The Corporation is ultimately accountable, through the Minister, to Parliament for the conduct of its affairs.
Broadcasting Act — B-9.01 41
Powers, duties and functions 41 (1) The Chairperson shall preside at meetings of the Board and may exercise such powers and shall perform such other duties and functions as are assigned to the Chairperson by the by-laws of the Corporation. Part-time (2) The Chairperson shall perform the duties and functions of the office on a part-time basis. Absence, incapacity or vacancy of office (3) If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the President shall act as Chairperson, and if both are absent or incapacitated or if both those offices are vacant, the Board may authorize a director to act as Chairperson, but no person so authorized by the Board has authority to act as Chairperson for a period exceeding sixty days without the approval of the Governor in Council.
Broadcasting Act — B-9.01 42
Powers, duties and functions 42 (1) The President is the chief executive officer of the Corporation and has supervision over and direction of the work and staff of the Corporation and may exercise such powers and shall perform such other duties and functions as are assigned to the President by the by-laws of the Corporation. Full-time (2) The President shall perform the duties and functions of the office on a full-time basis. Absence, incapacity or vacancy of office (3) If the President is absent or incapacitated or if the office of President is vacant, the Board may authorize an officer of the Corporation to act as President, but no person so authorized by the Board has authority to act as President for a period exceeding sixty days without the approval of the Governor in Council.
Broadcasting Act — B-9.01 43
Chairperson’s and President’s remuneration 43 (1) The Chairperson and the President shall be paid by the Corporation remuneration at the rate fixed by the Governor in Council. Fees of other directors (2) Each director, other than the Chairperson and the President, shall be paid by the Corporation such fees for attendance at meetings of the Board or any committee of directors as are fixed by the by-laws of the Corporation. Expenses (3) Each director is entitled to be paid by the Corporation such travel and living expenses incurred by the director in the performance of the duties of that director as are fixed by the by-laws of the Corporation.
Broadcasting Act — B-9.01 44
Employment of staff 44 (1) The Corporation may, on its own behalf, employ such officers and employees as it considers necessary for the conduct of its business. Terms, etc., of employment (2) The officers and employees employed by the Corporation under subsection (1) shall, subject to any by-laws made under section 51, be employed on such terms and conditions and at such rates of remuneration as the Board deems fit. Not servants of Her Majesty (3) The officers and employees employed by the Corporation under subsection (1) are not officers or servants of Her Majesty.
Broadcasting Act — B-9.01 45
English and French language broadcasting committees 45 (1) The Board shall establish a standing committee of directors on English language broadcasting and a standing committee of directors on French language broadcasting, each consisting of the Chairperson, the President and such other directors as the Board may appoint. Chairperson or President shall preside (2) The Chairperson, or in the absence of the Chairperson, the President, shall preside at meetings of each standing committee established pursuant to subsection (1). Absence of Chairperson and President (3) In respect of each standing committee established pursuant to subsection (1), the Chairperson shall designate one of the directors to preside at meetings thereof in the event of the absence of both the Chairperson and the President. Duties of committees (4) The standing committee on English language broadcasting shall perform such duties in relation to English language broadcasting, and the standing committee on French language broadcasting shall perform such duties in relation to French language broadcasting, as are delegated to the committee by the by-laws of the Corporation.
Broadcasting Act — B-9.01 46.1
Debt obligations 46.1 (1) The Corporation may, with the approval of the Minister of Finance, borrow money by any means, including the issuance and sale of bonds, debentures, notes and any other evidence of indebtedness of the Corporation. Loans to the Corporation (2) At the request of the Corporation, the Minister of Finance may, out of the Consolidated Revenue Fund, lend money to the Corporation on such terms and conditions as that Minister may fix. Total indebtedness (3) The total indebtedness outstanding in respect of borrowings under subsections (1) and (2) shall not exceed (a) $220,000,000; or (b) such greater amount as may be authorized for the purposes of this subsection by Parliament under an appropriation Act. 1994, c. 18, s. 18; 2009, c. 31, s. 23
Broadcasting Act — B-9.01 47
Corporation an agent of Her Majesty 47 (1) Except as provided in subsections 44(1) and 46(2), the Corporation is, for all purposes of this Act, an agent of Her Majesty, and it may exercise its powers under this Act only as an agent of Her Majesty. Contracts (2) The Corporation may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in the name of the Corporation. Property (3) Property acquired by the Corporation is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Corporation. Proceedings (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Corporation on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Corporation in the name of the Corporation in any court that would have jurisdiction if the Corporation were not an agent of Her Majesty.
Broadcasting Act — B-9.01 48
Acquisition and disposition of property 48 (1) Subject to subsection (2), the Corporation may purchase, lease or otherwise acquire any real or personal property that the Corporation deems necessary or convenient for carrying out its objects and may sell, lease or otherwise dispose of all or any part of any property acquired by it. Restriction (2) The Corporation shall not, without the approval of the Governor in Council, enter into (a) any transaction for the acquisition of any real property or the disposition of any real or personal property, other than program material or rights therein, for a consideration in excess of four million dollars or such greater amount as the Governor in Council may by order prescribe; or (b) a lease or other agreement for the use or occupation of real property involving an expenditure in excess of four million dollars or such greater amount as the Governor in Council may by order prescribe. Retaining proceeds (3) Subject to subsection (4), the Corporation may retain and use all of the proceeds of any transaction for the disposition of real or personal property. Idem (4) In the case of a transaction for the disposition of real or personal property requiring the approval of the Governor in Council under subsection (2), the Corporation may retain and use all or any part of the proceeds therefrom unless otherwise directed by the Governor in Council.
Broadcasting Act — B-9.01 49
Expropriation 49 (1) Where, in the opinion of the Corporation, the taking or acquisition of any land or interest therein by the Corporation without the consent of the owner is required for the purpose of carrying out its objects, the Corporation shall so advise the appropriate Minister in relation to Part I of the Expropriation Act . Application of Expropriation Act (2) For the purposes of the Expropriation Act , any land or interest therein that, in the opinion of the Minister referred to in subsection (1), is required for the purpose of carrying out the objects of the Corporation shall be deemed to be land or an interest therein that, in the opinion of the Minister, is required for a public work or other public purpose and, in relation thereto, a reference to the Crown in that Act shall be construed as a reference to the Corporation.
Broadcasting Act — B-9.01 50
Head office 50 (1) The head office of the Corporation shall be in the National Capital Region as described in the schedule to the National Capital Act or at such other place in Canada as the Governor in Council may specify. Meetings (2) The Board shall meet at least six times in each year. Telephone conferences (3) A director may, subject to the by-laws of the Corporation, participate in a meeting of the Board or a committee of directors by means of such telephone or other communication facilities as permit all persons participating in the meeting to hear each other, and a director who participates in such a meeting by those means is deemed for the purposes of this Part to be present at the meeting.
Broadcasting Act — B-9.01 51
By-laws 51 (1) The Board may make by-laws (a) respecting the calling of meetings of the Board; (b) respecting the conduct of business at meetings of the Board, the establishment of special and standing committees of directors, the delegation of duties to special and standing committees of directors, including the committees referred to in section 45, and the fixing of quorums for meetings thereof; (c) fixing the fees to be paid to directors, other than the Chairperson and the President, for attendance at meetings of the Board or any committee of directors, and the travel and living expenses to be paid to directors; (d) respecting the duties and conduct of the directors, officers and employees of the Corporation and the terms and conditions of employment and of termination of employment of officers and employees of the Corporation, including the payment of any gratuity to those officers and employees or any one or more of them, whether by way of retirement allowance or otherwise; (e) respecting the establishment, management and administration of a pension fund for the directors, officers and employees of the Corporation and their dependants, the contributions thereto to be made by the Corporation and the investment of the pension fund moneys thereof; and (f) generally for the conduct and management of the affairs of the Corporation. Certain by-laws subject to Minister’s approval (2) No by-law made under paragraph (1)(c) or (e), and no by-law made under paragraph (1)(d) that provides for the payment of any gratuity referred to in that paragraph, has any effect unless it is approved by the Minister. 1991, c. 11, s. 51 2023, c. 8, s. 30(F)
Broadcasting Act — B-9.01 52
Independence of the Corporation 52 (1) Nothing in sections 53 to 70 shall be interpreted or applied so as to limit the freedom of expression or the journalistic, creative or programming independence enjoyed by the Corporation in the pursuit of its objects and in the exercise of its powers. Idem (2) Without limiting the generality of subsection (1), and notwithstanding sections 53 to 70 or any regulation made under any of those sections, the Corporation is not required to (a) submit to the Treasury Board or to the Minister or the Minister of Finance any information the provision of which could reasonably be expected to compromise or constrain the journalistic, creative or programming independence of the Corporation; or (b) include in any corporate plan or summary thereof submitted to the Minister pursuant to section 54 or 55 any information the provision of which could reasonably be expected to limit the ability of the Corporation to exercise its journalistic, creative or programming independence.
Broadcasting Act — B-9.01 52.1
Part VII of Financial Administration Act not to apply 52.1 Notwithstanding the Financial Administration Act , Part VII of that Act does not apply to a debt incurred by the Corporation. 1994, c. 18, s. 19