HERI Committee Report
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Appendix 3 1. This Act may be cited as the Broadcasting Act, 1991 Part I Interpretation [Definitions] 2. (1) In this Act, ["broadcasting" « radiodiffusion »] "broadcasting" means any transmission of programs, whether or not encrypted, 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; ["broadcasting receiving apparatus" « récepteur de radiodiffusion »] "broadcasting receiving apparatus" means a device, or combination of devices, intended for or capable of being used for the reception of broadcasting; ["broadcasting undertaking" « entreprise de radiodiffusion »] "broadcasting undertaking" includes a distribution undertaking, a programming undertaking and a network; ["Commission" « Conseil »] "Commission" means the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act; ["Corporation" « Société »] "Corporation" means the Canadian Broadcasting Corporation continued by section 36; ["distribution undertaking" « entreprise de distribution »] "distribution undertaking" means an undertaking for the reception of broadcasting and the retransmission thereof by radio waves or other means of telecommunication to more that one permanent or temporary residence or dwelling unit or to another such undertaking; ["encrypted" « encodage »] "encrypted" means treated electronically or otherwise for the purpose of preventing intelligible reception; ["licence « licence »] "licence" means a licence to carry on a broadcasting undertaking issued by the Commission under this Act; ["Minister" « minister »] "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; The Governor in Council designated the Minister of Canadian Heritage as the Minister for the purposes of this Act, effective on July 12, 1996 ["network" « réseau »] "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; ["program" « emission »] "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; ["programming undertaking" « entreprise de programmation »] "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; ["radio waves" « ondes radioélectriques »] "radio waves" means electromagnetic waves of frequencies lower than 3 000 GHz that are propagated in space without artificial guide; ["temporary network operation" « exploitation temporaire d'un réseau »] "temporary network operation" means a network operation with respect to a particular program or a series of programs that extends over a period not exceeding sixty days. [Meaning of "other means of telecommunication"] (2) For the purposes of this Act, "other means of telecommunication" means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system. [Interpretation] (3) This Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings. Broadcasting Policy for Canada [Declaration] 3. (1) It is hereby declared as the broadcasting policy for Canada that
[Further declaration] (2) It is further declared that the Canadian broadcasting system constitutes a single system and that the objectives of the broadcasting policy set out in subsection (1) can best be achieved by providing for the regulation and supervision of the Canadian broadcasting system by a single independent public authority. Application [Binding on Her Majesty] 4. (1) This Act is binding on Her Majesty in right of Canada or a province. [Application generally] (2) This Act applies in respect of broadcasting undertakings carried on in whole or in part within Canada or on board
[For greater certainty] (3) For greater certainty, this Act applies in respect of broadcasting undertakings whether or not they are carried on for profit or as part of, or in connection with, any other undertaking or activity. [Idem] (4) For greater certainty, this Act does not apply to any telecommunications common carrier, as defined in the Telecommunications Act, when acting solely in that capacity. Part II Objects [Objects] 5. (1) Subject to this Act and the Radiocommunication Act and to any directions to the Commission issued by the Governor in Council under this Act, the Commission shall regulate and supervise all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in subsection 3(1) and, in so doing, shall have regard to the regulatory policy set out in subsection (2). [Regulatory policy] (2) The Canadian broadcasting system should be regulated and supervised in a flexible manner that
[Conflict] (3) The Commission shall give primary consideration to the objectives of the broadcasting policy set out in subsection 3(1) if, in any particular matter before the Commission, a conflict arises between those objectives and the objectives of the regulatory policy set out in subsection (2). (4) Where a broadcasting undertaking is subject to the Employment Equity Act, the powers granted to the Commission under this Act do not extend to the regulation or supervision of matters concerning employment equity in relation to that broadcasting undertaking. [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. [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
[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). [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
[Referral to committee] (2) Where a proposed order is laid before a House of Parliament pursuant to subsection (1), it shall stand referred to such committee thereof as the House considers appropriate to deal with the subject-matter of the order. [Implementation of proposal] (3) The Governor in Council may, after the expiration of forty sitting days of Parliament after a proposed order is laid before both Houses of Parliament in accordance with subsection (1), implement the proposal by making an order under section 7, either in the form proposed or revised in such manner as the Governor in Council deems advisable. [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). [Definition of "sitting day of Parliament"] (5) In this section, "sitting day of Parliament" means a day on which either House of Parliament sits. General Powers [Licences, etc.] 9. (1) Subject to this Part, the Commission may, in furtherance of its objects,
[Restrictions reconditions] (2) Notwithstanding subsections (1) and 28(3), no licence of a distribution undertaking may be made subject to a condition that requires the licensee to substitute replacement material for commercial messages carried in a broadcasting signal received by that licensee. [Exception] (3) Subsection (2) does not apply in respect of a condition of a licence renewed after October 4, 1987 where before that date the licensee was complying with such a condition. [Exemptions] (4) The Commission shall, by order, on such terms and conditions as it deems 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 or of a regulation made under this Part where 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). [Regulations generally] 10. (1) The Commission may, in furtherance of its objects, make regulations
[Application] (2) A regulation made under this section may be made applicable to all persons holding licences or to all persons holding licences of one or more classes. [Publication of proposed regulation] (3) 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 licensees and other interested persons to make representations to the Commission with respect thereto. [Regulations respecting licence fees] 11. (1) The Commission may make regulations
[Criteria] (2) Regulations made under paragraph (1)(a) may provide for fees to be calculated by reference to any criteria that the Commission deems appropriate, including by reference to
[Exceptions] (3) No regulations made under subsection (1) shall apply to the Corporation or to licensees carrying on programming undertaking on behalf of Her Majesty in right of a province. [Debt due to Her Majesty] (4) Fees payable by a licensee under this section and any interest thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. [Publication of proposed regulations] (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 licensees and other interested persons to make representations to the Commission with respect thereto. [Inquiries] 12. (1) Where it appears to the Commission that
[Mandatory orders] (2) The Commission may, by order, require any person to do, forthwith 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 pursuant to this Part or to any regulation, licence, decision or order made or issued by the Commission under this Part and may, by order, forbid the doing or continuing of any act or thing that is contrary to this Part or to any such regulation, licence, decision or order. [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 rehear any matter before deciding it. [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. [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. [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). [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. [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. Hearings and Procedure [Where public hearing required] 18. (1) Except where otherwise provided, the Commission shall hold a public hearing in connection with
[Idem] (2) The Commission shall hold a public hearing in connection with the amendment or renewal of a licence unless it is satisfied that such a hearing is not required in the public interest. [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. [Notice of hearing] 19. The Commission shall cause notice of
[Panels of Commission] 20. (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, at least two of whom shall be full-time members, to deal with, hear and determine any matter on behalf of the Commission. [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) and the regulations made by the Commission under sections 10 and 11. [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. Licences [Conditions governing issue, amendment and renewal] 22. (1) No licence shall be issued, amended or renewed under this Part
[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. [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 attach to any licence issued or to be issued to the Corporation. [Reference to Minister] (2) If, notwithstanding the consultation provided for in subsection (1), the Commission attaches any condition to a licence 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 thirty days after the decision of the Commission, refer the condition to the Minister for consideration. [Ministerial directive] (3) Subject to subsection (4), the Minister may, within ninety days after a condition is referred to the Minister under subsection (2), issue to the Commission a written directive with respect to the condition 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. [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
[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. [Report of alleged contravention or non-compliance by Corporation] 25. (1) Where the Commission is satisfied, after a public hearing on the matter, that the Corporation has contravened or failed to comply with any condition of a licence referred to in the schedule, any order made under subsection 12(2) or any regulation made under this Part, the Commission shall forward to the Minister a report setting out the circumstances of the alleged contravention or failure, the findings of the Commission and any observations or recommendations of the Commission in connection therewith. [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. General Powers of the Governor in Council [Directions] 26. (1) The Governor in Council may, by order, issue directions to the Commission
[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). [Directions re Free Trade Agreement] 27. (1) The Governor in Council may, either on the recommendation of the Minister made at the request of the Commission or on the Governor in Council's own motion, issue directions of general application respecting the manner in which the Commission shall apply or interpret paragraph 3 of Article 2006 of the Agreement. [Effect of directions] (2) A direction issued under subsection (1) is binding on the Commission from the time it comes into force and, unless otherwise provided therein, applies in respect of matters pending before the Commission at that time. [Request of Commission] (3) The Commission may, in order to request the issuance of a direction under subsection (1), suspend the determination of any matter of which it is seised. [Definition of "Agreement"] (4) In this section, "Agreement" has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act. [Setting aside or referring decisions back to Commission] 28. (1) Where the Commission makes a decision to issue, amend or renew a licence, the Governor in Council may, within ninety days after the date of the decision, on petition in writing of any person received within forty-five 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
[Setting aside after confirmation] (4) Where, pursuant to paragraph (3)(c), the Commission confirms a decision or the issue, amendment or renewal of a licence, the Governor in Council may, within sixty days after the confirmation, on petition in writing of any person received within thirty days after that date or on the Governor in Council's own motion, by order, set aside the decision or the issue, amendment or renewal, if the Governor in Council is satisfied as to any of the matters referred to in subsection (1). [Reasons] (5) An order made under subsection (4) to set aside a decision or the issue, amendment or renewal of a licence shall set out the reasons of the Governor in Council therefor. [Filing of petitions] 29. (1) Every person who petitions the Governor in Council under subsection 28(1) or (4) 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 under subsection 28(1) or (4). [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. Decisions and Orders [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. Offences [Broadcasting without or contrary to licence] 32. (1) Every person who, not being exempt from the requirement to hold a licence, carries on a broadcasting undertaking without a licence therefor is guilty of an offence punishable on summary conviction and is liable
[Contravention of regulation or order] (2) Every person who contravenes or fails to comply with any regulation or order made under this Part is guilty of an offence punishable on summary conviction and is liable
[Contravention of conditions of licence] 33. Every person who contravenes or fails to comply with any condition of a licence issued to the person is guilty of an offence punishable on summary conviction. [Limitation] 34. Proceedings for an offence under subsection 32(2) or section 33, may be instituted within, but not after, two years after the time when the subject-matter of the proceedings arose. Part III Interpretation [Definitions ] 35. (1) In this Part, ["auditor" « vérificateur »] "auditor" means the auditor of the Corporation; ["Board" « conseil... »] "Board" means the Board of Directors of the Corporation; ["Chairperson" « président du conseil »] "Chairperson" means the Chairperson of the Board; ["director" « administrateur »] "director" means a director of the Corporation; ["President" « président-directeur général »] "President" means the President of the Corporation; ["wholly-owned subsidiary" « filiale à cent pour cent »] "wholly-owned subsidiary" has the same meaning as in Part X of the Financial Administration Act. [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. Continuation of Corporation [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. [Reappointment] (4) Subject to section 38, the Chairperson and the President are eligible for reappointment 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. [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".) [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
[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. [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. [Accountability of Corporation to Parliament] 40. The Corporation is ultimately accountable, through the Minister, to Parliament for the conduct of its affairs. Chairperson [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. President [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. Remuneration [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. Staff [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. Standing Committees [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. Objects and Powers [Objects and powers] 46. (1) The Corporation is established for the purpose of providing the programming contemplated by paragraphs 3(1)(l) and (m), in accordance with the conditions of any licence or licences issued to it by the Commission and subject to any applicable regulations of the Commission, and for that purpose the Corporation may
[International service] (2) The Corporation shall, within the conditions of any licence or licences issued to it by the Commission and subject to any applicable regulations of the Commission, provide an international service in accordance with such directions as the Governor in Council may issue. [Power to act as agent] (3) The Corporation may, within the conditions of any licence or licences issued to it by the Commission and subject to any applicable regulations of the Commission, act as an agent of Her Majesty in right of Canada or a province in respect of any broadcasting operations that it may be directed by the Governor in Council to carry out. [Extension of services] (4) In planning extensions of broadcasting services, the Corporation shall have regard to the principles and purposes of the Official Languages Act. [Independence] (5) The Corporation shall, in the pursuit of its objects and in the exercise of its powers, enjoy freedom of expression and journalistic, creative and programming independence. [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, debenture, notes and any other evidence of indebtness 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
Agent of Her Majesty [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. [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
[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. [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. Head Office and Meetings [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. By-laws [By-laws] 51. (1) The Board may make by-laws
(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. Financial Provisions [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
52.1 Notwithstanding the Financial Administration Act, Part VII of that Act does not apply to a debt incurred by the Corporation. [Financial year] 53. The financial year of the Corporation is the period beginning on April 1 in one year and ending on March 31 in the next year, unless the Governor in Council otherwise directs. [Corporate plan] 54. (1) The Corporation shall annually submit a corporate plan to the Minister. [Scope of corporate plan] (2) The corporate plan of the Corporation shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any. [Contents of corporate plan] (3) The corporate plan of the Corporation shall include
[Approval of Minister of Finance] (3.1) Where the Corporation includes a general indication of its plans to borrow money in its corporate plan, the Corporation shall submit that part of its corporate plan to the Minister of Finance for that Minister's approval. [Capital budgets] (4) The Corporation shall submit the capital budget to the Minister in a corporate plan pursuant to paragraph (3)(b) for the approval of the Treasury Board. [Notification of business activity] (5) Where the Corporation or a wholly-owned subsidiary of the Corporation proposes to carry out a substantial change to business activities in any period in a manner that is not consistent with the last corporate plan of the Corporation in respect of that period, the Corporation shall forthwith notify the Minister in writing of the inconsistency in the manner of carrying on the business activity. [Scope of budgets] (6) The budgets of the Corporation referred to in paragraphs (3)(b) and (c) shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any. [Form of budgets] (7) The budgets of the Corporation referred to in paragraphs (3)(b) and (c) shall be prepared in a form that clearly sets out information according to the major businesses or activities of the Corporation and its wholly-owned subsidiaries, if any. [Approval of multi-year items] (8) The Treasury Board may approve any item in a capital budget submitted pursuant to paragraph (3)(b) for any financial year or years following the financial year for which the budget is submitted. [Summary of plan] 55. (1) The Corporation shall submit to the Minister, in respect of each financial year, a summary of the corporate plan submitted pursuant to section 54 that summarizes the information referred to in subsection 54(3), modified so as to be based on the financial resources proposed to be allocated to the Corporation as set out in the Estimates for that financial year that have been tabled in the House of Commons. [Scope of summary] (2) A summary shall encompass all the businesses and activities, including investments, of the Corporation and its wholly-owned subsidiaries, if any, and shall set out the major business decisions taken with respect thereto. [Form of summary] (3) A summary shall be prepared in a form that clearly sets out information according to the major businesses or activities of the Corporation and its wholly-owned subsidiaries, if any. [Tabling in Parliament] (4) The Minister shall cause a copy of every summary received pursuant to this section to be laid before each House of Parliament. [Reference to committee] (5) A summary laid before a House of Parliament pursuant to subsection (4) stands permanently referred to such committee of that House or if both Houses of Parliament as may be designated or established to review matters relating to the business and activities of the Corporation. [Regulations] 56. The Treasury Board may make regulations prescribing the form in which corporate plans and summaries required pursuant to sections 54 and 55 shall be prepared, the information to be included therein, the information to accompany corporate plans and the time at, before or within which they are to be submitted and summaries are to be laid before each House of Parliament. [Bank accounts] 57. (1) The Corporation shall maintain in its own name one or more accounts with
[Administration of Corporation funds] (2) All money received by the Corporation through the conduct of its operations or otherwise shall be deposited to the credit of the accounts established pursuant to subsection (1) and shall be administered by the Corporation exclusively in the exercise of its powers and the performance of its duties and functions. [Investments] (3) The Corporation may invest any money administered by it in bonds or other securities of, or guaranteed by, the Government of Canada. [Proprietor's Equity Account] (4) The Corporation shall, in its books of account, establish a Proprietor's Equity Account and shall credit thereto the amount of all money paid to the Corporation for capital purposes out of parliamentary appropriations. [Receiver General account] 58. (1) The Corporation shall, if so directed by the Minister of Finance with the concurrence of the Minister, and may, if the Minister of Finance and the Minister approve, pay or cause to be paid all or any part of the money of the Corporation or of a wholly-owned subsidiary of the Corporation to the Receiver General to be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada in the name of the Corporation or subsidiary, and the Receiver General, subject to such terms and conditions as the Minister of Finance may prescribe, may pay out, for the purposes of the Corporation or subsidiary, or repay to the Corporation or subsidiary, all or any part of the money credited to the special account. [Interest] (2) Interest may be paid in respect of money credited to a special account pursuant to subsection (1), in accordance with and at rates fixed by the Minister of Finance with the approval of the Governor in Council. [Payment over surplus money] 59. Subject to any other Act of Parliament, where the Minister and the Minister of Finance, with the approval of the Governor in Council, so direct, the Corporation shall pay or cause to be paid to the Receiver General so much of the money of the Corporation or of a wholly-owned subsidiary of the Corporation as those Ministers consider to be in excess of the amount that is required for the purposes of the Corporation or subsidiary, and any money so paid may be applied toward the discharge of any obligation of the Corporation or subsidiary to the Crown or may be applied as revenues of Canada. [Books and systems] 60. (1) The Corporation shall cause
[Idem] (2) The books of account, records, systems and practices referred to in subsection (1) shall be kept and maintained in such manner as will provide reasonable assurance that
[Internal audit] (3) The Corporation shall cause internal audits to be conducted in respect of itself and each of its wholly-owned subsidiaries, if any, to assess compliance with subsections (1) and (2). [Financial statements] (4) The Corporation shall cause financial statements to be prepared annually in respect of itself and its wholly-owned subsidiaries, if any, in accordance with generally accepted accounting principles, as supplemented or augmented by regulations made under subsection (6). [Form of financial statements] (5) The financial statements of the Corporation and of a wholly-owned subsidiary shall be prepared in a form that clearly sets out information according to the major businesses or activities of the Corporation or subsidiary. [Regulations] (6) The Treasury Board may, for the purposes of subsection (4), make regulations respecting financial statements of the Corporation, but those regulations shall only supplement or augment generally accepted accounting principles. [Reports to Minister] (7) The Board shall make to the Minister such reports of the financial affairs of the Corporation as the Minister requires. [Auditor of the Corporation] 61. The Auditor General of Canada is the auditor of the Corporation. [Annual auditor's report] 62. (1) The Corporation shall cause an annual auditor's report to be prepared in respect of itself and its wholly-owned subsidiaries, if any, in accordance with the regulations, on the accounts and financial statements of the Corporation and of each subsidiary, and the report shall be made to the Board and to the Minister. [Contents] (2) A report prepared pursuant to subsection (1) shall
[Regulations] (3) The Treasury Board may make regulations prescribing the form and manner in which the report referred to in subsection (1) is to be prepared. [Other reports] (4) The auditor shall prepare such other reports respecting the Corporation or any wholly-owned subsidiary of the Corporation as the Governor in Council may require. [Examination] (5) The auditor shall make such examination as the auditor considers necessary to enable the auditor to prepare a report pursuant to subsection (1) or (3). [Reliance on internal audit] (6) The auditor shall, to the extent that the auditor considers practicable, rely on any internal audit of the Corporation that is conducted pursuant to subsection 60(3). [Errors and omissions] 63. (1) A director or officer of the Corporation shall forthwith notify the auditor and the audit committee of the Corporation established under subsection 69(1) of any error or omission of which the director or officer becomes aware in a financial statement on which the auditor has reported or in a report prepared by the auditor pursuant to subsection 62(1). [Idem] (2) Where the auditor is notified or becomes aware of any error or omission in a financial statement on which the auditor has reported or in a report prepared by the auditor pursuant to subsection 62(1) and is of the opinion that the error or omission is material, the auditor shall forthwith notify each director of the error or omission. [Correction] (3) Where the auditor notifies the directors of an error or omission in a financial statement or report pursuant to subsection (2), the Corporation shall prepare a revised financial statement or the auditor shall issue a correction to the report, as the case may be, and a copy thereof shall be given to the Minister. [Special examination] 64. (1) The Corporation shall cause a special examination to be carried out by the auditor in respect of itself and its wholly-owned subsidiaries, if any, to determine if the systems and practices referred to in paragraph 60(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that
[Time for examination] (2) A special examination shall be carried out at least once every five years and at such additional times as the Governor in Council, the Minister or the Board may require. [Plan] (3) Before the auditor begins a special examination, the auditor shall survey the systems and practices of the Corporation to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the audit committee of the Corporation. [Resolution of disagreements] (4) Any disagreement between the auditor and the audit committee or the Board over a plan referred to in subsection (3) may be resolved
[Reliance on internal audit] (5) The auditor shall, to the extent considered practicable, rely on any internal audit of the Corporation conducted pursuant to subsection 60(3). [Report] (6) The auditor shall, on completion of the special examination, submit a report on the findings of the auditor to the Board. [Contents] (7) The report referred to in subsection (6) shall include
[Special report to Minister] (8) Where the auditor is of the opinion that the report referred to in subsection (6) contains information that should be brought to the attention of the Minister, the auditor shall, after consultation with the Board, report that information to the Minister and furnish the directors with a copy of the report. [Idem] (9) Where the auditor is of the opinion that the report referred to in subsection (6) contains information that should be brought to the attention of Parliament, the auditor shall, after consultation with the Minister and the Board, prepare a report thereon for inclusion in the next annual report of the Corporation and furnish the Board and the Minister with copies of the report. [Right to information] 65. (1) On the demand of the auditor, the present or former directors, officers, employees or agents of the Corporation shall furnish the auditor with such
[Idem] (2) On the demand of the auditor, the Board shall
[Restriction] 66. Nothing in this Part shall be construed as authorizing the auditor to express any opinion on the merits of matters of policy, including the merits of
[Qualified privilege] 67. Any oral or written statement or report made under this Part by the auditor has qualified privilege. [Cost of audit and examinations] 68. The costs incurred by the auditor in preparing any report under subsection 62(1) or section 64 shall be disclosed in the next annual report of the Auditor General of Canada and be paid out of the moneys appropriated for the office of the Auditor General of Canada. [Audit committee] 69. (1) The Corporation shall establish an audit committee composed of not fewer than three directors. [Duties] (2) The audit committee shall
[Auditor's attendance] (3) The auditor is entitled to receive notice of every meeting of the audit committee and to attend and be heard at each meeting and, if so requested by a member of the audit committee, the auditor shall attend any or every meeting of the committee. [Calling meeting] (4) The auditor or a member of the audit committee may call a meeting of the committee. [Report on wholly-owned subsidiaries] 70. The Corporation shall forthwith notify the Minister and the President of the Treasury Board of the name of any corporation that becomes or ceases to be a wholly-owned subsidiary of the Corporation. Report to Parliament [Annual report] 71. (1) The Corporation shall, as soon as possible after, but in any case within three months after, the end of each financial year, submit an annual report on the operations of the Corporation in that year concurrently to the Minister and to the President of the Treasury Board, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it. [Reference to committee] (2) An annual report laid before a House of Parliament pursuant to subsection (1) stands permanently referred to such committee of that House or of both Houses of Parliament as may be designated or established to review matters relating to the business and activities of the Corporation. [Form and contents] (3) The annual report of the Corporation shall include
Part IV Related and Consequential Amendments 72. to 88. [Amendments] Repeal 89. [Repeal] Transitional [Definitions] 90. (1) In this section, ["Executive Committee" « bureau... »] "Executive Committee" means the Executive Committee of the Commission, as it existed on the day immediately before the coming into force of section 80; ["former Act" « loi abrogée »] "former Act" means the Broadcasting Act, chapter B-9 of the Revised Statutes of Canada, 1985. [Pending proceedings] (2) Any proceedings pending before the Commission or Executive Committee on the day immediately before the coming into force of this subsection shall be taken up and continued before the Commission under and in conformity with this Act. [Continuation of previous] orders, etc.] (3) Every decision, order, rule and regulation issued, rendered or made under the former Act by the Commission or Executive Committee that is in force on the coming into force of this subsection and that is not inconsistent with this Act or any other Act of Parliament shall be deemed to have been issued, rendered or made by the Commission under this Act. [Continuation of directions] (4) Every direction issued to the Commission by the Governor in Council under the former Act that is in force on the day immediately preceding the coming into force of this subsection and that is not inconsistent with this Act or any other Act of Parliament shall be deemed to have been issued by the Governor in Council under this Act. [Continuation of licences] (5) Every broadcasting licence authorizing the carrying on of a broadcasting undertaking issued under the former Act and in effect on the day immediately preceding the coming into force of this subsection shall continue in effect for the unexpired portion of its term as if it were a licence authorizing the carrying on of a broadcasting undertaking, issued under this Act and may be amended, renewed, suspended or revoked in the manner provided in this Act. [Full-time members of Commission] 91. (1) Every person holding office as Chairperson, Vice-Chairperson or full-time member of the Commission immediately before the coming into force of section 76 shall continue in office and be deemed to have been appointed under section 3 of the Canadian Radio-television and Telecommunications Commission Act, as amended by this Act, to hold office for the remainder of the term for which the person had been appointed before the coming into force of section 76. [Part-time members of Commission] (2) The part-time members of the Commission holding office immediately before the coming into force of section 76 shall cease to hold office on the coming into force of that section. [Directors of Corporation] 92. Every person holding office as a director of the Corporation immediately before the coming into force of section 36 shall continue in office and be deemed to have been appointed under that section to hold office for the remainder of the term for which the person had been appointed before the coming into force of that section. Coming into Force [Coming into force] *93. This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. *[Note: Act in force June 4, 1991, see SI/91-86.] Schedule (Sections 24, 25 and 30) 1. Any licence issued pursuant to C.R.T.C. Decision No. 87-140 of February 23, 1987. 2. Any licence issued pursuant to C.R.T.C. Decision No. 88-181 of March 30, 1988. 3. Any licence issued in connection with the operation of any radio or television station owned and operated by the Corporation. Date modified: 2002-01-07 |