Broadcasting Act (S.C. 1991, c. 11)

Marginal note: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.

• Marginal note: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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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).

• Marginal note: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.

• Marginal note: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 on the same or different conditions 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.

• Marginal note: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).

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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

Marginal note:Decisions and orders final

• 31 (1) Except as provided in this Part, every decision and order of the Commission is final and conclusive.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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

Marginal note: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

  • (a) in the case of an individual, to a fine not exceeding twenty thousand dollars for each day that the offence continues; or

  • (b) in the case of a corporation, to a fine not exceeding two hundred thousand dollars for each day that the offence continues.

• Marginal note: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

  • (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars for a first offence and not exceeding fifty thousand dollars for each subsequent offence; or

  • (b) in the case of a corporation, to a fine not exceeding two hundred and fifty thousand dollars for a first offence and not exceeding five hundred thousand dollars for each subsequent offence.