Broadcasting Act — B-9.01 2
Definitions 2 (1) In this Act, 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 ) 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 receiving apparatus means a device, or combination of devices, intended for or capable of being used for the reception of broadcasting; ( récepteur ) broadcasting undertaking includes a distribution undertaking, an online undertaking, a programming undertaking and a network; ( entreprise de radiodiffusion ) Commission means the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act ; ( Conseil ) 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 ) Corporation means the Canadian Broadcasting Corporation continued by section 36; ( Société ) decision includes a determination made by the Commission in any form; ( décision ) 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 ) encrypted means treated electronically or otherwise for the purpose of preventing intelligible reception; ( encodage ) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 ; ( peuples autochtones ) licence means a licence to carry on a broadcasting undertaking issued by the Commission under this Act; ( licence ) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre ) 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 ) 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 ) program means sounds or visual images, or a combination of sounds and visual images, that are intended to inform, enlighten or entertain, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; ( émission ) 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;