GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Broadcasting Act — B-9.01 4.2
Regulations — programs to which this Act applies 4.2 (1) For the purposes of paragraph 4.1(2)(b), the Commission may make regulations prescribing programs in respect of which this Act applies, in a manner that is consistent with freedom of expression. Matters (2) In making regulations under subsection (1), the Commission shall consider the following matters: (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. Exclusion (3) The regulations shall not prescribe a program (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. 2023, c. 8, s. 4
Broadcasting Act — B-9.01 5.1
Official language minority communities 5.1 In regulating and supervising the Canadian broadcasting system and exercising its powers under this Act, the Commission shall enhance the vitality of official language minority communities in Canada and support and assist their development. 2023, c. 8, s. 6
Broadcasting Act — B-9.01 5.2
Consultation 5.2 (1) The Commission shall consult with official language minority communities in Canada when making decisions that could adversely affect them. Objectives of consultations (2) When engaging in consultations required by subsection (1), the Commission shall (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. 2023, c. 8, s. 6
Broadcasting Act — B-9.01 6
Policy guidelines and statements 6 The Commission may from time to time issue guidelines and statements with respect to any matter within its jurisdiction under this Act, but no such guidelines or statements issued by the Commission are binding on the Commission.
Broadcasting Act — B-9.01 7
Policy directions 7 (1) Subject to subsection (2) and section 8, the Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to (a) any of the objectives of the broadcasting policy set out in subsection 3(1); or (b) any of the objectives of the regulatory policy set out in subsection 5(2). Exception (2) No order may be made under subsection (1) in respect of the issuance of a licence to a particular person or in respect of the amendment, renewal, suspension or revocation of a particular licence. Directions binding (3) An order made under subsection (1) is binding on the Commission beginning on the day on which the order comes into force and, subject to subsection (4), shall, if it so provides, apply with respect to any matter pending before the Commission on that day. Exception (4) No order made under subsection (1) may apply with respect to a licensing matter pending before the Commission where the period for the filing of interventions in the matter has expired unless that period expired more than one year before the coming into force of the order. Publication and tabling (5) A copy of each order made under subsection (1) 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 (6) The Minister shall consult with the Commission before the Governor in Council makes an order under subsection (1).
Broadcasting Act — B-9.01 8
Procedure for issuance of policy directions 8 (1) Where the Governor in Council proposes to make an order under section 7, the Minister shall cause the proposed order to be (a) published by notice in the Canada Gazette , which notice shall invite interested persons to make representations to the Minister with respect to the proposed order; and (b) laid before each House of Parliament. Representations (2) The Minister shall (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. Implementation of proposal (3) The Governor in Council may, after the period referred to in paragraph (2)(a) has ended and the proposed order has been laid before each House of Parliament, implement the proposal by making an order under section 7, either in the form proposed or revised in the manner that the Governor in Council considers appropriate. Consultation (4) The Minister shall consult with the Commission before a proposed order is published or is laid before a House of Parliament under subsection (1). (5) [Repealed, 2023, c. 8, s. 7] 1991, c. 11, s. 8 2023, c. 8, s. 7
Broadcasting Act — B-9.01 9
Licences, etc. 9 (1) Subject to this Part, the Commission may, in furtherance of its objects, (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. (g) [Repealed, 2023, c. 8, s. 8] (h) [Repealed, 2023, c. 8, s. 8] (2) [Repealed, 2023, c. 8, s. 8] (3) [Repealed, 2023, c. 8, s. 8] Exemptions (4) The Commission shall, by order, on the terms and conditions that it considers appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all of the requirements of this Part, of an order made under section 9.1 or of a regulation made under this Part if the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1). Repeal or amendment (5) The Commission shall repeal or amend an exemption order made under subsection (4) if the Commission considers that doing so will contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1). 1991, c. 11, s. 9; 1994, c. 26, s. 10(F) 2023, c. 8, s. 8
Broadcasting Act — B-9.01 9.1
ct does not apply to orders made under this section. Publication and representations (4) A copy of each order that the Commission proposes to make under this section shall be published on the Commission’s website and a reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the proposed order. Publication (5) The Commission shall publish each order that is made under this section on its website. Programming control (6) Orders made under any of paragraphs (1)(a) to (d) apply only in respect of programs over which a person who carries on a broadcasting undertaking has programming control. Canadian original French language programs (7) In making an order under paragraph (1)(c), the Commission shall ensure that Canadian original French language programs represent a significant proportion of the original French language programs to be broadcast. Restriction — computer algorithm or source code (8) The Commission shall not make an order under paragraph (1)(e) that would require the use of a specific computer algorithm or source code. Good faith negotiation (9) The person carrying on an online undertaking to whom an order made under paragraph (1)(i) applies and the person carrying on the broadcasting undertaking whose programming services are specified in the order shall negotiate the terms for the carriage of the programming services in good faith. Facilitation (10) The Commission may facilitate those negotiations at the request of either party to the negotiations. 2023, c. 8, s. 9
Broadcasting Act — B-9.01 10.1
For greater certainty 10.1 For greater certainty, the Commission shall make orders under subsection 9.1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings. 2023, c. 8, s. 11
Broadcasting Act — B-9.01 11
Regulations respecting licence fees 11 (1) The Commission may make regulations (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) respecting such other matters as it deems necessary for the purposes of this section. Criteria (2) Regulations made under paragraph (1)(a) may provide for fees to be calculated by reference to any criteria that the Commission considers appropriate, including by reference to (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. Exceptions (3) No regulations made under subsection (1) shall apply to the Corporation or to persons carrying on programming undertakings on behalf of Her Majesty in right of a province. Restriction — non-licensees (3.1) The only fees that may be established with respect to a broadcasting undertaking shall be fees that relate to the recovery of the costs of the Commission’s activities under this Act. Debt due to Her Majesty (4) Fees payable under this section and any interest in respect of them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Publication and representations (5) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the regulation. 1991, c. 11, s. 11 2023, c. 8, s. 12
Broadcasting Act — B-9.01 12
Inquiries 12 (1) The Commission may inquire into, hear and determine a matter if it appears to the Commission that (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. Mandatory orders (2) The Commission may, by order, require any person to do, without delay or within or at any time and in any manner specified by the Commission, any act or thing that the person is or may be required to do under this Part, under any regulation, licence, decision or order made or issued by the Commission under this Part or under any of sections 42 to 44 of the Accessible Canada Act and may, by order, forbid the doing or continuing of any act or thing that is contrary to this Part, to any such regulation, licence, decision or order, to section 34.1 or to any of sections 42 to 44 of the Accessible Canada Act . Referral to Commission (3) Where an inquiry under subsection (1) is heard by a panel established under subsection 20(1) and the panel issues an order pursuant to subsection (2) of this section, any person who is affected by the order may, within thirty days after the making thereof, apply to the Commission to reconsider any decision or finding made by the panel, and the Commission may rescind or vary any order or decision made by the panel or may re-hear any matter before deciding it. 1991, c. 11, s. 12; 2014, c. 39, s. 191 2019, c. 10, s. 161 2023, c. 8, s. 14
Broadcasting Act — B-9.01 13
Enforcement of mandatory orders 13 (1) Any order made under subsection 12(2) may be made an order of the Federal Court or of any superior court of a province and is enforceable in the same manner as an order of the court. Procedure (2) To make an order under subsection 12(2) an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Commission may file with the registrar of the court a certified copy of the order, and thereupon the order becomes an order of the court. Effect of variation or rescission (3) Where an order that has been made an order of a court is rescinded or varied by a subsequent order of the Commission, the order of the court shall be deemed to have been cancelled and the subsequent order may, in the same manner, be made an order of the court.
Broadcasting Act — B-9.01 14
Research 14 (1) The Commission may undertake, sponsor, promote or assist in research relating to any matter within its jurisdiction under this Act and in so doing it shall, wherever appropriate, utilize technical, economic and statistical information and advice from the Corporation or departments or agencies of the Government of Canada. Review of technical matters (2) The Commission shall review and consider any technical matter relating to broadcasting referred to the Commission by the Minister and shall make recommendations to the Minister with respect thereto.
Broadcasting Act — B-9.01 15
Hearings and reports 15 (1) The Commission shall, on request of the Governor in Council, hold hearings or make reports on any matter within the jurisdiction of the Commission under this Act. Consultation (2) The Minister shall consult with the Commission with regard to any request proposed to be made by the Governor in Council under subsection (1).
Broadcasting Act — B-9.01 16
Powers respecting hearings 16 The Commission has, in respect of any hearing under this Part, with regard to the attendance, swearing and examination of witnesses at the hearing, the production and inspection of documents, the enforcement of its orders, the entry and inspection of property and other matters necessary or proper in relation to the hearing, all such powers, rights and privileges as are vested in a superior court of record.
Broadcasting Act — B-9.01 17
Authority re questions of fact or law 17 The Commission has authority to determine questions of fact or law in relation to any matter within its jurisdiction under this Act.
Broadcasting Act — B-9.01 18
Where public hearing required 18 (1) Except where otherwise provided, the Commission shall hold a public hearing in connection with (a) the issue of a licence, other than a licence to carry on a temporary network operation; (b) the suspension or revocation of a licence; (c) the establishing of any performance objectives for the purposes of paragraphs 11(2)(b) and 11.1(6)(b); and (d) the making of an order under subsection 12(2). Public hearings — specific matters (2) The Commission shall also hold a public hearing in connection with the following matters unless it is satisfied that such a hearing is not required in the public interest: (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. Where public hearing in Commission’s discretion (3) The Commission may hold a public hearing, make a report, issue any decision and give any approval in connection with any complaint or representation made to the Commission or in connection with any other matter within its jurisdiction under this Act if it is satisfied that it would be in the public interest to do so. Place of hearing (4) A public hearing under this section may be held at such place in Canada as the Chairperson of the Commission may designate. 1991, c. 11, s. 18; 2001, c. 34, s. 32(E) 2023, c. 8, s. 15
Broadcasting Act — B-9.01 19
Notice of hearing 19 The Commission shall cause notice of (a) any application received by it for the issue, amendment or renewal of a licence, other than a licence to carry on a temporary network operation, (b) any decision made by it to issue, amend or renew a licence, and (c) any public hearing to be held by it under section 18 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 application, decision or matter to which the public hearing relates.
Broadcasting Act — B-9.01 20
Panels of Commission 20 (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission. Appointments by Chairperson (1.1) The Chairperson of the Commission may appoint members of the Commission to a panel if it is determined that the panel would otherwise have fewer than three members. Exception — conflict of interest (1.2) Members of the Commission may participate in any panel, unless this participation would place them in a conflict of interest. Powers (2) A panel that is established under subsection (1) has and may exercise all the powers and may perform all the duties and functions of the Commission in relation to any matter before the panel. Decision (3) A decision of a majority of the members of a panel established under subsection (1) is a decision of the panel. Consultation (4) The members of a panel established under subsection (1) shall consult with the Commission, and may consult with any officer of the Commission, for the purpose of ensuring a consistency of interpretation of the broadcasting policy set out in subsection 3(1), the regulatory policy set out in subsection 5(2), the orders made under section 9.1, the regulations made under sections 10 and 11 and the regulations and orders made under section 11.1. 1991, c. 11, s. 20; 2001, c. 34, s. 32(E); 2010, c. 12, s. 1710 2023, c. 8, s. 16
Broadcasting Act — B-9.01 21
Rules 21 The Commission may make rules (a) respecting the procedure for making applications for licences, or for the amendment, renewal, suspension or revocation thereof, and for making representations and complaints to the Commission; and (b) respecting the conduct of hearings and generally respecting the conduct of the business of the Commission in relation to those hearings. 1991, c. 11, s. 21 2023, c. 8, s. 17(F)
Broadcasting Act — B-9.01 22
Conditions governing issue, amendment and renewal 22 (1) No licence shall be issued, amended or renewed under this Part (a) if the issue, amendment or renewal of the licence is in contravention of a direction to the Commission issued by the Governor in Council under subsection 26(1); and (b) subject to subsection (2), unless the Minister of Industry certifies to the Commission that the applicant for the issue, amendment or renewal of the licence (i) has satisfied the requirements of the Radiocommunication Act and the regulations made under that Act, and (ii) has been or will be issued a broadcasting certificate with respect to the radio apparatus that the applicant would be entitled to operate under the licence. Exception (2) The requirement set out in paragraph (1)(b) does not apply in respect of radio apparatus, or any class thereof, prescribed under paragraph 6(1)(m) of the Radiocommunication Act . Suspension or revocation of broadcasting certificate (3) No licence is of any force or effect during any period when the broadcasting certificate issued under the Radiocommunication Act with respect to the radio apparatus that the holder of the licence is entitled to operate under that Act is suspended or revoked. Issue, etc., contravening this section (4) Any licence issued, amended or renewed in contravention of this section is of no force or effect. 1991, c. 11, s. 22; 1995, c. 1, s. 31
Broadcasting Act — B-9.01 23
Consultation between Commission and Corporation 23 (1) The Commission shall, at the request of the Corporation, consult with the Corporation with regard to any conditions that the Commission proposes to impose under subsection 9.1(1) — or with regard to any regulation or order that the Commission proposes to make under section 11.1 — that would apply with respect to the Corporation. Reference to Minister (2) If, despite the consultation provided for in subsection (1), the Commission imposes any condition, or makes any regulation or order, referred to in subsection (1) that the Corporation is satisfied would unreasonably impede the Corporation in providing the programming contemplated by paragraphs 3(1)(l) and (m), the Corporation may, within 30 days after the condition is imposed or the regulation or order is made, refer the condition, regulation or order to the Minister for consideration. Ministerial directive (3) Subject to subsection (4), the Minister may, within 90 days after a condition, regulation or order is referred to the Minister under subsection (2), issue to the Commission a written directive with respect to the condition, regulation or order and the Commission shall comply with any such directive issued by the Minister. Consultation (4) The Minister shall consult with the Commission and with the Corporation before issuing a directive under subsection (3). Publication and tabling of directive (5) A directive issued by the Minister under subsection (3) shall be published forthwith in the Canada Gazette and shall be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued. 1991, c. 11, s. 23 2023, c. 8, s. 18