GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Broadcasting Act — B-9.01 24
Conditions governing suspension and revocation 24 (1) No licence shall be suspended or revoked under this Part unless the licensee applies for or consents to the suspension or revocation or, in any other case, unless, after a public hearing in accordance with section 18, the Commission is satisfied that (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 (b) the licence was, at any time within the two years immediately preceding the date of publication in the Canada Gazette of the notice of the public hearing, held by a person to whom the licence could not have been issued at that time by virtue of a direction to the Commission issued by the Governor in Council under this Act. Licences of Corporation (2) No licence issued to the Corporation that is referred to in the schedule may be suspended or revoked under this Part except on application of or with the consent of the Corporation. Publication of decision (3) A copy of a decision of the Commission relating to the suspension or revocation of a licence, together with written reasons for the decision, shall, forthwith after the making of the decision, be forwarded by prepaid registered mail to all persons who were heard at or made any oral representations in connection with the hearing held under subsection (1), and a summary of the decision and of the reasons for the decision shall, at the same time, 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 decision. 1991, c. 11, s. 24 2023, c. 8, s. 19
Broadcasting Act — B-9.01 25
Report of contravention by Corporation 25 (1) If the Commission is satisfied, after a public hearing on the matter, that the Corporation has contravened section 31.1, any order made under subsection 9.1(1), 11.1(2) or 12(2) or any regulation made under this Part, the Commission shall forward to the Minister a report setting out the circumstances of the contravention, the findings of the Commission and any observations or recommendations of the Commission in connection with the contravention. 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 fifteen days on which that House is sitting after the report is received by the Minister. 1991, c. 11, s. 25 2023, c. 8, s. 20
Broadcasting Act — B-9.01 25.1
Minister or Chief Statistician 25.1 The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission in respect of a broadcasting undertaking. 2023, c. 8, s. 21
Broadcasting Act — B-9.01 25.2
Access to information 25.2 Subject to section 25.3, the Commission shall proactively make available for public inspection any information submitted to the Commission in the course of proceedings before it. 2023, c. 8, s. 21
Broadcasting Act — B-9.01 25.3
ferred 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). Information inadmissible (7) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or for forgery, perjury or false declaration in relation to the submission of the information. 2023, c. 8, s. 21
Broadcasting Act — B-9.01 26
Directions 26 (1) The Governor in Council may, by order, issue directions to the Commission (a) respecting the maximum number of channels or frequencies for the use of which licences may be issued within a geographical area designated in the order; (b) respecting the reservation of channels or frequencies for the use of the Corporation or for any special purpose designated in the order; (c) respecting the classes of applicants to whom licences may not be issued or to whom amendments or renewals thereof may not be granted; and (d) prescribing the circumstances in which the Commission may issue licences to applicants that are agents of a province and are otherwise ineligible to hold a licence, and the conditions on which those licences may be issued. Idem (2) Where the Governor in Council deems the broadcast of any program to be of urgent importance to Canadians generally or to persons resident in any area of Canada, the Governor in Council may, by order, direct the Commission to issue a notice to licensees throughout Canada or throughout any area of Canada, of any class specified in the order, requiring the licensees to broadcast the program in accordance with the order, and licensees to whom any such notice is addressed shall comply with the notice. Publication and tabling (3) An order made under subsection (1) or (2) shall be published forthwith in the Canada Gazette and a copy thereof shall be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the making of the order. Consultation (4) The Minister shall consult with the Commission with regard to any order proposed to be made by the Governor in Council under subsection (1).
Broadcasting Act — B-9.01 27
Directions – Free Trade Agreement 27 (1) The Governor in Council may, on the recommendation of the Minister, issue directions (a) requiring the Commission to implement paragraphs 1 and 4 of Annex 15-D of the Agreement and specifying the manner in which, and the date on or before which, those paragraphs are to be implemented; (b) respecting the manner in which the Commission shall apply or interpret paragraph 3 of that Annex; and (c) requiring the Commission to cancel any measure taken by the Commission in the implementation of paragraph 4 of that Annex on the date the Agreement ceases to have effect, or such later date as the Governor in Council may specify. Consultation (2) The Minister shall consult with the Commission with regard to any direction proposed to be issued by the Governor in Council under subsection (1). Directions binding (3) A direction issued under subsection (1) is binding on the Commission from the time it comes into force. Definition of Agreement (4) In this section, Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act . 1991, c. 11, s. 27 2020, c. 1, s. 152
Broadcasting Act — B-9.01 28
Setting aside or referring decisions back to Commission 28 (1) If the Commission makes a decision under section 9 to issue, amend or renew a licence, the Governor in Council may, within 180 days after the date of the decision, on petition in writing of any person received within 45 days after that date or on the Governor in Council’s own motion, by order, set aside the decision or refer the decision back to the Commission for reconsideration and hearing of the matter by the Commission, if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in subsection 3(1). Order on reference back (2) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing shall set out the details of any matter that, in the opinion of the Governor in Council, may be material to the reconsideration and hearing. Powers on reference back (3) Where a decision is referred back to the Commission under this section, the Commission shall reconsider the matter and, after a hearing as provided for by subsection (1), may (a) rescind the decision or the issue, amendment or renewal of the licence; (b) rescind the issue of the licence and issue a licence to another person; or (c) confirm, either with or without change, variation or alteration, the decision or the issue, amendment or renewal of the licence. (4) [Repealed, 2023, c. 8, s. 22] (5) [Repealed, 2023, c. 8, s. 22] 1991, c. 11, s. 28 2023, c. 8, s. 22
Broadcasting Act — B-9.01 29
Filing of petitions 29 (1) Every person who petitions the Governor in Council under subsection 28(1) shall at the same time send a copy of the petition to the Commission. Notice (2) On receipt of a petition under subsection (1), the Commission shall forward a copy of the petition by prepaid registered mail to all persons who were heard at or made any oral representation in connection with the hearing held in the matter to which the petition relates. Register (3) The Commission shall establish and maintain a public register in which shall be kept a copy of each petition received by the Commission. 1991, c. 11, s. 29 2023, c. 8, s. 23
Broadcasting Act — B-9.01 30
Amendment of schedule 30 The Governor in Council may, on the recommendation of the Minister made on the request of the Commission and with the consent of the Corporation, amend the schedule.
Broadcasting Act — B-9.01 31
Decisions and orders final 31 (1) Except as provided in this Part, every decision and order of the Commission is final and conclusive. Appeal to Federal Court of Appeal (2) An appeal lies from a decision or order of the Commission to the Federal Court of Appeal on a question of law or a question of jurisdiction if leave therefor is obtained from that Court on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court under special circumstances allows. Entry of appeal (3) No appeal lies after leave therefor has been obtained under subsection (2) unless it is entered in the Federal Court of Appeal within sixty days after the making of the order granting leave to appeal. Document deemed decision or order (4) Any document issued by the Commission in the form of a decision or order shall, if it relates to the issue, amendment, renewal, revocation or suspension of a licence, be deemed for the purposes of this section to be a decision or order of the Commission.
Broadcasting Act — B-9.01 31.1
Carrying on broadcasting undertaking 31.1 (1) A person shall not carry on a broadcasting undertaking unless (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. Exception — online undertaking (2) Despite subsection (1), a person may carry on an online undertaking without a licence and without being so exempt. 2023, c. 8, s. 24
Broadcasting Act — B-9.01 32
Broadcasting contrary to Act 32 Every person who contravenes section 31.1 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 $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. 1991, c. 11, s. 32 2023, c. 8, s. 25
Broadcasting Act — B-9.01 33
Contravention of regulation or order 33 Every person who contravenes any regulation or order made under this Part 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 $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. 1991, c. 11, s. 33 2023, c. 8, s. 25
Broadcasting Act — B-9.01 33.1
Defence 33.1 A person is not to be found guilty of an offence under section 32 or 33 if they establish that they exercised due diligence to prevent the commission of the offence. 2023, c. 8, s. 25
Broadcasting Act — B-9.01 34
Limitation 34 Proceedings in respect of an offence under section 33 may be instituted within, but not after, two years after the day on which the subject matter of the proceedings arose. 1991, c. 11, s. 34 2023, c. 8, s. 25
Broadcasting Act — B-9.01 34.01
Regulations and orders 34.01 (1) Every seven years the Commission shall consult with all interested persons with respect to orders made under section 9.1 and regulations and orders made under section 11.1 and shall publish, on the Internet or otherwise, a report on the consultations that also lists the orders and regulations that the Commission proposes to review as a result of the consultations and sets out its plan for conducting the review. Publication of report (2) The Commission shall publish the first report within seven years after the day on which this subsection comes into force and, subsequently, within seven years after the day on which the most recent report is published. Tabling of reports (3) The Minister shall cause a copy of all reports published under subsections (1) and (2) to be tabled before each House of Parliament. 2023, c. 8, s. 25
Broadcasting Act — B-9.01 34.1
Prohibition 34.1 No person who carries on a broadcasting undertaking shall charge a subscriber for providing the subscriber with a paper bill. 2014, c. 39, s. 192
Broadcasting Act — B-9.01 34.2
Offence 34.2 Every person who contravenes section 34.1 is guilty of an offence punishable on summary conviction and is liable (a) in the case of an individual, to a fine not exceeding $25,000 for a first offence and not exceeding $50,000 for each subsequent offence; or (b) in the case of a corporation, to a fine not exceeding $250,000 for a first offence and not exceeding $500,000 for each subsequent offence. 2014, c. 39, s. 192
Broadcasting Act — B-9.01 34.21
Defence 34.21 A person is not to be found guilty of an offence under section 34.2 if they establish that they exercised due diligence to prevent the commission of the offence. 2023, c. 8, s. 26
Broadcasting Act — B-9.01 34.3
Limitation 34.3 No proceedings for an offence under section 34.2 are to be instituted more than two years after the time when the subject-matter of the proceedings arose. 2014, c. 39, s. 192
Broadcasting Act — B-9.01 34.4
Violations 34.4 (1) Subject to a regulation made under paragraph 34.995(a), a person commits a violation if they (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 . Continued violation (2) A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.5
Maximum administrative monetary penalty 34.5 (1) Subject to a regulation made under paragraph 34.995(b), a person who commits a violation is liable to an administrative monetary penalty (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. Criteria for penalty (2) The amount of the penalty is to be determined by taking into account the following factors: (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. Purpose of penalty (3) The purpose of the penalty 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. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.6
Procedures 34.6 (1) Despite subsection 34.8(1), the Commission may impose a penalty 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 by a person other than the person who entered into an undertaking under section 34.9 in connection with the same act or omission giving rise to the violation. For greater certainty (2) For greater certainty, the Commission is not to impose a penalty under subsection (1) on a person who has not been given the opportunity to be heard. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.7
Designation 34.7 The Commission may (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. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.8
Notice of violation 34.8 (1) A person who is authorized to issue notices of violation may, if they believe on reasonable grounds that another person has committed a violation, issue a notice of violation and cause it to be served on that other person. Contents (2) The notice of violation shall set out (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. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.9
Undertaking 34.9 (1) A person may enter into an undertaking at any time. The undertaking is valid upon its acceptance by the Commission or, if it is entered into by a person other than the Corporation, upon its acceptance by the Commission or the person designated to accept an undertaking. Requirements (2) An undertaking referred to in subsection (1) (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. Before notice of violation (3) If a person enters into an undertaking, a notice of violation shall not be served on them in connection with any act or omission referred to in the undertaking. After notice of violation (4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.91
Powers respecting hearings 34.91 For greater certainty, the Commission has all the powers, rights and privileges referred to in section 16 if, in a proceeding in respect of a violation, it holds a public hearing under subsection 18(3). 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.92
Payment of penalty 34.92 (1) If a person who is served with a notice of violation pays the penalty set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended. Decision of Commission (1.1) The Commission shall, in a timely manner, issue a decision with respect to subsection (1) confirming that the person is deemed to have committed the violation. Representations to Commission and decision (2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Commission shall decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation. If the Commission decides that the person committed the violation, it may (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. Penalty (3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the Commission may impose the penalty. Copy of decision and notice of rights (4) The Commission shall cause a copy of any decision made under subsection (1.1), (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for leave to appeal under section 31. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.93
Evidence 34.93 In a proceeding in respect of a violation, a notice purporting to be served under subsection 34.8(1) or a copy of a decision purporting to be served under subsection 34.92(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.94
Defence 34.94 (1) A person is not to be found liable for a violation, other than a violation under paragraph 34.4(1)(b) or (g), if they establish that they exercised due diligence to prevent its commission. Common law principles (2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.95
Directors, officers, etc., of corporations 34.95 An officer, director or agent or mandatary of a corporation other than the Canadian Broadcasting Corporation, that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.96
Vicarious liability 34.96 A person, other than the Corporation, is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee or agent or mandatary is identified or proceeded against. 2023, c. 8, s. 27
Broadcasting Act — B-9.01 34.97
Limitation or prescription period 34.97 (1) Proceedings in respect of a violation may be instituted within, but not after, three years after the day on which the subject matter of the proceedings became known to the Commission. Certificate (2) A document that appears to have been issued by the secretary to the Commission, certifying the day on which the subject matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person who appears to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it. 2023, c. 8, s. 27