This enactment amends the Broadcasting Act to, among other things,

(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;

(b) update the broadcasting policy for Canada set out in section 3 of that Act by, among other things, providing that the Canadian broadcasting system should serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds — and should provide opportunities for Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;

(c) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that

(d) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;

(e) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;

(f) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;

(g) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;

(h) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;

(i) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;

(j) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and

(k) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act.

The enactment also makes related and consequential amendments to other Acts.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

broadcasting means any transmission of programs — Insertion start regardless of Insertion end whether Insertion start the transmission is scheduled or on demand Insertion end or Insertion start whether the Insertion end programs Insertion start are Insertion end encrypted or not — by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus, but does not include any such transmission of programs that is made solely for performance or display in a public place; (radiodiffusion)

broadcasting undertaking includes a distribution undertaking, Insertion start an online undertaking Insertion end , a programming undertaking and a network; (entreprise de radiodiffusion)

distribution undertaking means an undertaking for the reception of broadcasting and Insertion start its Insertion end retransmission by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking, Insertion start but does not include such an undertaking that is an online undertaking Insertion end ; (entreprise de distribution)

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, Insertion start but does not include such an operation that is an online undertaking Insertion end ; (réseau)

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, Insertion start but does not include such an undertaking that is an online undertaking Insertion end ; (entreprise de programmation)

affiliate, in relation to any person, means any other person who controls that first person, or who is controlled by that first person or by a third person who also controls the first person; (affilié)

barrier has the same meaning as in section 2 of the Accessible Canada Act; (obstacle)

control, in the definition affiliate and in subparagraph 9.‍1(1)‍(i)‍(i), includes control in fact, whether or not through one or more persons; (contrôle)

online undertaking means an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus; (entreprise en ligne)

programming control means control over the selection of programs for transmission, but does not include control over the selection of a programming service for retransmission; (contrôle de la programmation)

Exclusion — carrying on broadcasting undertaking

(2.‍1) A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service — and who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — does not, by the fact of that use, carry on a broadcasting undertaking for the purposes of this Act.

• Start of inserted block

  (a) each broadcasting undertaking shall contribute to the implementation of the objectives of the broadcasting policy set out in this subsection in a manner that is appropriate in consideration of the nature of the services provided by the undertaking;

  End of inserted block

• (ii) encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity and by displaying Canadian talent in entertainment and information programming,

• (iii) through its programming and the employment opportunities arising out of its operations, serve the needs and interests of Insertion start all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages Insertion end — and reflect their circumstances and aspirations, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of Insertion start Indigenous Insertion end peoples within that society,

• Start of inserted block

  (iii.‍1) provide opportunities to Indigenous persons to produce programming in Indigenous languages, English or French, or in any combination of them, and to carry on broadcasting undertakings, and

  End of inserted block

• (f) each broadcasting undertaking shall make use of Canadian creative and other resources in the creation and presentation of programming Insertion start to the extent that is appropriate for Insertion end the nature of the undertaking;

• (g) the programming Insertion start over which a person who carries on a Insertion end broadcasting Insertion start undertaking Insertion end has Insertion start programming control Insertion end should be of high standard;

• (h) all persons who carry on broadcasting undertakings have a responsibility for the programs Insertion start that Insertion end they broadcast Insertion start and over which they have programming control Insertion end ;

• Start of inserted block

  (ii.‍1) include programs produced by Canadians that cover news and current events — from the local and regional to the international — and that reflect the viewpoints of Canadians, including the viewpoints of Indigenous persons and of Canadians from racialized communities and diverse ethnocultural backgrounds;

  End of inserted block

• (k) a range of broadcasting services in English and in French shall be Insertion start progressively Insertion end extended to all Canadians;

• (l) the Canadian Broadcasting Corporation, as the national public broadcaster, should provide Insertion start broadcasting Insertion end services incorporating a wide range of programming that informs, enlightens and entertains;

• (o) programming that reflects the Insertion start Indigenous Insertion end cultures of Canada Insertion start and programming that is in Indigenous languages Insertion end should be provided within the Canadian broadcasting system, Insertion start including by programming undertakings that are carried on by Indigenous persons Insertion end ;

• (p) programming that is accessible Insertion start without barriers to Insertion end persons Insertion start with disabilities Insertion end should be provided within the Canadian broadcasting system; Insertion start and Insertion end

Non-application — certain programs

4.‍1 (1) This Act does not apply in respect of

• (a) programs that are uploaded to an online undertaking that provides a social media service by a user of the service — who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service; and

• (b) online undertakings whose broadcasting consists only of such programs.

  End of inserted block

For greater certainty

(2) For greater certainty, subsection (1) does not exclude the application of this Act in respect of a program that is the same as one referred to in paragraph (1)‍(a) but that is not uploaded as described in that paragraph.

• (a)  Insertion start takes into account Insertion end the different characteristics of English, French and Insertion start Indigenous Insertion end language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Insertion start Indigenous Insertion end language programming operate;

• Start of inserted block

  (a.‍1) is fair and equitable as between broadcasting undertakings providing services of a similar nature, taking into account any variation in size and any other difference between the undertakings that may be relevant in the circumstances;

  End of inserted block

• Start of inserted block

  (e.‍1) facilitates the provision of programs that are accessible without barriers to persons with disabilities;

  End of inserted block

• Start of inserted block

  (h) takes into account the variety of broadcasting undertakings to which this Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).

  End of inserted block

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, in any manner that the Minister considers appropriate, a report summarizing the representations that are made during that period.

  End of inserted block

Implementation of proposal

(3) The Governor in Council may, after the Insertion start period referred to in paragraph (2)‍(a) has ended and the Insertion end proposed order Insertion start has been Insertion end laid before Insertion start each House Insertion end of Parliament, implement the proposal by making an order under section 7, either in the form proposed or revised in Insertion start the Insertion end manner Insertion start that Insertion end the Governor in Council Insertion start considers appropriate Insertion end .

• (a) establish classes of licences Insertion start other than for online undertakings Insertion end ;

• Start of inserted block

  (b) issue a licence, the term of which may be indefinite or fixed by the Commission;

  End of inserted block

• (c) amend a licence Insertion start as to its term Insertion end , on the application of the licensee;

• Start of inserted block

  (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

  End of inserted block

• (f) suspend or revoke Insertion start a Insertion end licence.

Exemptions

(4) The Commission shall, by order, on Insertion start the Insertion end terms and conditions Insertion start that Insertion end it Insertion start considers Insertion end 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, Insertion start of an order made under section 9.‍1 Insertion end or of a regulation made under this Part Insertion start if Insertion end 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).

Conditions

9.‍1 (1) The Commission may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting

• (a) the proportion of programs to be broadcast that shall be Canadian programs and the proportion of time that shall be devoted to the broadcasting of Canadian programs;

• (b) the presentation of programs for selection by the public, including the discoverability of Canadian programs;

• (c) a requirement for a person carrying on a broadcasting undertaking, other than an online undertaking, to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier, as defined in the Telecommunications Act, for the distribution of programming directly to the public;

• (d) a requirement for a person carrying on a distribution undertaking to give priority to the carriage of broadcasting;

• (e) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services specified by the Commission;

• (f) terms and conditions of service in contracts between distribution undertakings and their subscribers;

• (g) access by persons with disabilities to programming, including the identification, prevention and removal of barriers to such access;

• (h) the carriage of emergency messages;

• (i) the provision to the Commission, by corporations that are licensees or that are persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to

  • (i) the ownership, governance and control of those corporations, and

  • (ii) the affiliation of those corporations with any affiliates carrying on broadcasting undertakings; and

• (j) the provision to the Commission, by persons carrying on broadcasting undertakings, of any other information that the Commission considers necessary for the administration of this Act, including

  • (i) financial or commercial information,

  • (ii) information related to programming,

  • (iii) information related to expenditures made under section 11.‍1,

  • (iv) information related to audience measurement, other than information that could identify any individual audience member, and

  • (v) other information related to the provision of broadcasting services.

    End of inserted block

Application

(2) An order made under this section may be made applicable to all persons carrying on broadcasting undertakings, to all persons carrying on broadcasting undertakings of any class established by the Commission in the order or to a particular person carrying on a broadcasting undertaking.

Non-application

(3) The Statutory Instruments Act 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.

Règlements

10 (1) Dans l’exécution de sa mission, le Conseil peut Insertion start prendre des règlements Insertion end  :

• b)  Insertion start définissant Insertion end « émission canadienne » pour l’application de la présente loi;

• (c) respecting standards Insertion start for Insertion end programs Insertion start over which a person carrying on a broadcasting undertaking has programming control Insertion end and the allocation of broadcasting time, for the purpose of giving effect to the broadcasting policy set out in subsection 3(1);

• d)  Insertion start concernant Insertion end la nature de la publicité et le temps Insertion start d’antenne Insertion end qui peut y être consacré;

• (e) respecting, Insertion start in relation to a broadcasting undertaking other than an online undertaking Insertion end , the proportion of time that may be devoted to the broadcasting of programs, including advertisements or announcements, of a partisan political character and the assignment of that time on an equitable basis to political parties and candidates;

• f)  Insertion start prescrivant Insertion end les conditions d’exploitation des entreprises de programmation faisant partie d’un réseau ainsi que les conditions de radiodiffusion des émissions de réseau et Insertion start concernant Insertion end le temps d’antenne à réserver à celles-ci par ces entreprises;

• g)  Insertion start concernant Insertion end la fourniture de services de programmation — même étrangers — par les entreprises de distribution;

• h)  Insertion start pourvoyant Insertion end au règlement — notamment par la médiation — de différends concernant la fourniture de programmation et survenant entre les entreprises de programmation qui la transmettent et les entreprises de distribution;

• Start of inserted block

  (i) respecting the registration of broadcasting undertakings with the Commission;

  End of inserted block

• (j) respecting the audit or examination of records and books of account of Insertion start persons carrying on broadcasting undertakings Insertion end by the Commission or persons acting on behalf of the Commission; and

• k)  Insertion start concernant Insertion end toute autre mesure qu’il estime nécessaire à l’exécution de sa mission.

Application

(2) A regulation made under this section may be made applicable to all persons Insertion start carrying on broadcasting undertakings Insertion end or to all persons Insertion start carrying on broadcasting undertakings Insertion end of Insertion start any class established by the Commission in the regulation Insertion end .

Publication and representations

(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 persons Insertion start carrying on broadcasting undertakings Insertion end and other interested persons to make representations to the Commission with respect to Insertion start the regulation Insertion end .

Règlements : droits

11 (1) Le Conseil peut Insertion start prendre des règlements Insertion end  :

• (a) with the approval of the Treasury Board, establishing schedules of fees to be paid by Insertion start persons carrying on broadcasting undertakings of any class Insertion end ;

• (b) providing for the establishment of classes of Insertion start broadcasting undertakings Insertion end for the purposes of paragraph (a);

• (c) providing for the payment of any fees payable by a Insertion start person carrying on a broadcasting undertaking Insertion end , including the time and manner of payment;

• (d) respecting the interest payable by Insertion start such Insertion end a Insertion start person Insertion end in respect of any overdue fee; and

• e)  Insertion start concernant Insertion end toute autre mesure d’application du présent article qu’il estime nécessaire.

Criteria

(2) Regulations made under paragraph (1)‍(a) may provide for fees to be calculated by reference to any criteria that the Commission Insertion start considers Insertion end appropriate, including by reference to

• (a) the revenues of the Insertion start persons carrying on broadcasting undertakings Insertion end ;

• (b) the performance of the Insertion start persons carrying on broadcasting undertakings Insertion end in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and

• (c) the market served by the Insertion start persons carrying on broadcasting undertakings Insertion end .

Exceptions

(3) No regulations made under subsection (1) shall apply to the Corporation or to Insertion start persons Insertion end 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 that may be carried on without a licence 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 Insertion start in respect of them Insertion end 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 Insertion start persons carrying on broadcasting undertakings Insertion end and other interested persons to make representations to the Commission with respect Insertion start to the regulation Insertion end .

Regulations — expenditures

11.‍1 (1) The Commission may make regulations respecting expenditures to be made by persons carrying on broadcasting undertakings for the purposes of

• (a) developing, financing, producing or promoting Canadian audio or audio-visual programs for broadcasting by broadcasting undertakings;

• (b) supporting, promoting or training Canadian creators of audio or audio-visual programs for broadcasting by broadcasting undertakings; or

• (c) supporting participation by persons, groups of persons or organizations representing the public interest in proceedings before the Commission under this Act.

  End of inserted block

Order — particular broadcasting undertaking

(2) The Commission may make an order respecting expenditures to be made by a particular person carrying on a broadcasting undertaking for any of the purposes set out in paragraphs (1)‍(a) to (c).

Application of regulations

(3) A regulation made under this section may be made applicable to all persons carrying on broadcasting undertakings or to all persons carrying on broadcasting undertakings of any class established by the Commission in the regulation.

Recipients

(4) Regulations and orders made under this section may provide that an expenditure is to be paid to any person or organization, other than the Commission, or into any fund, other than a fund administered by the Commission.

Criteria

(5) Regulations and orders made under this section may provide for expenditures 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.

  End of inserted block

Publication and representations

(6) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a copy of each proposed order shall be published on the Commission’s website. 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 or order.

Non-application

(7) The Statutory Instruments Act does not apply to orders made under subsection (2).

Inquiries

12 (1) The Commission may inquire into, hear and determine Insertion start a Insertion end matter Insertion start if Insertion end it appears to the Commission that

• (a) any person is Insertion start contravening Insertion end or has Insertion start contravened Insertion end this Part or any regulation, licence, decision or order made or issued by the Commission under this Part;

• (b) any person Insertion start is contravening or has contravened Insertion end section 34.‍1;

• Insertion start (c) Insertion end  any person Insertion start is contravening or has contravened Insertion end sections 42 to 44 of the Accessible Canada Act; or

• Insertion start (d) Insertion end  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.

•  

  (c) the establishing of any performance objectives for the purposes of Insertion start paragraphs Insertion end 11(2)‍(b) Insertion start and 11.‍1(5)‍(b) Insertion end ; and

Règles

21 Le Conseil peut établir des règles Insertion start concernant Insertion end l’instruction des affaires dont il est saisi, notamment la procédure applicable à la présentation des demandes d’attribution, de modification, de renouvellement, de suspension ou de révocation de licences, la présentation des observations et des plaintes et le déroulement des audiences.

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 Insertion start 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 Insertion end to the Corporation.

Reference to Minister

(2) If, Insertion start despite Insertion end the consultation provided for in subsection (1), the Commission Insertion start imposes Insertion end any condition, Insertion start or makes any regulation or order Insertion end , 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 Insertion start the condition is imposed or the regulation or order is made Insertion end , refer the condition, Insertion start regulation or order Insertion end to the Minister for consideration.

Ministerial directive

(3) Subject to subsection (4), the Minister may, within 90 days after a condition, Insertion start regulation or order Insertion end is referred to the Minister under subsection (2), issue to the Commission a written directive with respect to the condition, Insertion start regulation or order Insertion end and the Commission shall comply with any such directive issued by the Minister.

• (a) the licensee has contravened any order made under subsection Insertion start 9.‍1(1), 11.‍1(2) or Insertion end 12(2) or any regulation made under this Part; or

Report of contravention by Corporation

25 (1)  Insertion start If Insertion end the Commission is satisfied, after a public hearing on the matter, that the Corporation has contravened Insertion start section 31.‍1 Insertion end , any order made under subsection Insertion start 9.‍1(1), 11.‍1(2) Insertion end or 12(2) or any regulation made under this Part, the Commission shall forward to the Minister a report setting out the circumstances of the contravention, the findings of the Commission and any observations or recommendations of the Commission in connection Insertion start with the contravention Insertion end .

Provision of Information by Commission

Minister or Chief Statistician

25.‍1 The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission in respect of a broadcasting undertaking.

Access to information

25.‍2 Subject to section 25.‍3, the Commission shall make available for public inspection any information submitted to the Commission in the course of proceedings before it.

Confidential information

25.‍3 (1) A person who submits any of the following information to the Commission may designate it as confidential:

• (a) information that is a trade secret;

• (b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or

• (c) information the disclosure of which could reasonably be expected

  • (i) to result in material financial loss or gain to any person,

  • (ii) to prejudice the competitive position of any person, or

  • (iii) to affect contractual or other negotiations of any person.

    End of inserted block

Information not to be disclosed

(2) Subject to subsections (4), (5) and (7), if a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is intended or likely to make it available for the use of any person who may benefit from the information or use it to the detriment of any person to whose business or affairs the information relates.

Persons who shall not disclose information

(3) Subsection (2) applies to any person referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the person has ceased to hold that office or be so employed:

• (a) a member of, or a person employed by, the Commission;

• (b) in respect of information disclosed under paragraph (4)‍(b) or (5)‍(b), the Commissioner of Competition appointed under the Competition Act or a person whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act;

• (c) in respect of information provided under section 25.‍1, the Minister, the Chief Statistician of Canada or an agent of or a person employed in the federal public administration.

  End of inserted block

Disclosure of information submitted in proceedings

(4) If designated information is submitted in the course of proceedings before the Commission, the Commission may

• (a) disclose the information or require its disclosure if the Commission determines, after considering any representations from interested persons, that the disclosure is in the public interest; and

• (b) disclose the information or require its disclosure to the Commissioner of Competition on the Commissioner’s request if the Commission determines that the information is relevant to competition issues being considered in the proceedings.

  End of inserted block

Disclosure of other information

(5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may

• (a) disclose the information or require its disclosure if, after considering any representations from interested persons, the Commission considers that the information is relevant to a matter arising in the exercise of its powers or the performance of its duties and functions and determines that the disclosure is in the public interest; and

• (b) disclose the information or require its disclosure to the Commissioner of Competition, on the Commissioner’s request, if the Commission considers that the information is relevant to competition issues that are related to such a matter.

  End of inserted block

Information disclosed to Commissioner of Competition

(6) Neither the Commissioner of Competition nor any person whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act shall use information that is disclosed

• (a) under paragraph (4)‍(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or

• (b) under paragraph (5)‍(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5).

  End of inserted block

Information inadmissible

(7) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or for forgery, perjury or false declaration in relation to the submission of the information.

Setting aside or referring decisions back to Commission

28 (1)  Insertion start If Insertion end the Commission makes a decision Insertion start under section 9 Insertion end to issue, amend or renew a licence, the Governor in Council may, within Insertion start 180 Insertion end days after the date of the decision, on petition in writing of any person received within 45 days after that date or on the Governor in Council’s own motion, by order, set aside the decision or refer the decision back to the Commission for reconsideration and hearing of the matter by the Commission, if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in subsection 3(1).

•  

  (b) rescind the issue of the licence and issue a licence to another person; or

Filing of petitions

29 (1) Every person who petitions the Governor in Council under subsection 28(1) shall at the same time send a copy of the petition to the Commission.

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.

Prohibition

Carrying on broadcasting undertaking

31.‍1 (1) A person shall not carry on a broadcasting undertaking unless

• (a) they do so in accordance with a licence issued to them; or

• (b) they are exempt, under an order made under subsection 9(4), from the requirement to hold a licence.

  End of inserted block

Exception — online undertaking

(2) Despite subsection (1), a person may carry on an online undertaking without a licence and without being so exempt.

Broadcasting contrary to Act

32 Every person who Insertion start contravenes section 31.‍1 Insertion end is guilty of an offence punishable on summary conviction and is liable

• (a) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more Insertion end than Insertion start $25,000 Insertion end for each day that the offence continues; or

• (b) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more Insertion end than Insertion start $250,000 Insertion end for each day that the offence continues.

Contravention of regulation or order

33 Every person who contravenes any regulation or order made under this Part is guilty of an offence punishable on summary conviction and is liable

• (a) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more Insertion end than $25,000 for a first offence and Insertion start of Insertion end not Insertion start more Insertion end than $50,000 for each subsequent offence; or

• (b) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more Insertion end than $250,000 for a first offence and Insertion start of Insertion end not Insertion start more Insertion end than $500,000 for each subsequent offence.

Defence

33.‍1 A person is not to be found guilty of an offence under section 32 or 33 if they establish that they exercised due diligence to prevent the commission of the offence.

Limitation

34 Proceedings Insertion start in respect of Insertion end an offence under section 33 may be instituted within, but not after, two years after the Insertion start day on which Insertion end the subject matter of the proceedings arose.

Defence

34.‍21 A person is not to be found guilty of an offence under section 34.‍2 if they establish that they exercised due diligence to prevent the commission of the offence.

PART II.‍2 

Administrative Monetary Penalties

Violations

34.‍4 (1) Subject to a regulation made under paragraph 34.‍995(a), a person commits a violation if they

• (a) contravene a regulation or order made under Part II;

• (b) carry on a broadcasting undertaking in contravention of section 31.‍1;

• (c) charge a subscriber for providing the subscriber with a paper bill in contravention of section 34.‍1;

• (d) contravene an undertaking that they entered into under section 34.‍9;

• (e) fail to submit information in accordance with a notice issued under section 34.‍996 to a person designated under paragraph 34.‍7(a) that the designated person requires by the notice;

• (f) knowingly make a material misrepresentation of fact in contravention of section 34.‍997; or

• (g) contravene any of subsections 42(1) to (4) and (7), 43(1) to (3) and 44(1) to (3) and (6) of the Accessible Canada Act.

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Continued violation

(2) A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.

Maximum administrative monetary penalty

34.‍5 (1) A person who commits a violation is liable to an administrative monetary penalty

• (a) in the case of an individual, of not more than $25,000 for a first violation and of not more than $50,000 for each subsequent violation; or

• (b) in any other case, of not more than $10 million for a first violation and of not more than $15 million for each subsequent violation.

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Criteria for penalty

(2) The amount of the penalty is to be determined by taking into account the following factors:

• (a) the nature and scope of the violation;

• (b) the history of compliance by the person who committed the violation with this Act, the regulations and the decisions and orders made by the Commission under this Act;

• (c) the person’s history with respect to any previous undertaking entered into under section 34.‍9;

• (d) any benefit that the person obtained from the commission of the violation;

• (e) the person’s ability to pay the penalty;

• (f) any factors established by regulation;

• (g) the purpose of the penalty, which is to promote compliance with this Act — or, in the case of a penalty imposed for a violation referred to in paragraph 34.‍4(1)‍(g), compliance with the Accessible Canada Act — and not to punish; and

• (h) any other relevant factor.

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Purpose of penalty

(3) The purpose of the penalty is to promote compliance with this Act — or, in the case of a penalty imposed for a violation referred to in paragraph 34.‍4(1)‍(g), compliance with the Accessible Canada Act — and not to punish.

Procedures

34.‍6 (1) Despite subsection 34.‍8(1), the Commission may impose a penalty in a decision made in the course of a proceeding before it under this Act in which it finds that a violation referred to in section 34.‍4 has been committed by a person other than the person who entered into an undertaking under section 34.‍9 in connection with the same act or omission giving rise to the violation.

For greater certainty

(2) For greater certainty, the Commission is not to impose a penalty under subsection (1) on a person who has not been given the opportunity to be heard.

Designation

34.‍7 The Commission may

• (a) designate persons or classes of persons who are authorized to issue notices of violation or to accept an undertaking under section 34.‍9; and

• (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

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Notice of violation

34.‍8 (1) A person who is authorized to issue notices of violation may, if they believe on reasonable grounds that another person has committed a violation, issue a notice of violation and cause it to be served on that other person.

Contents

(2) The notice of violation shall set out

• (a) the name of the person who is believed to have committed a violation;

• (b) the act or omission giving rise to the violation, as well as a reference to the provision that is at issue;

• (c) the administrative monetary penalty that the person is liable to pay, as well as the time and manner in which the person may pay the penalty;

• (d) a statement informing the person that they may pay the penalty or make representations to the Commission with respect to the violation and the penalty and informing them of the time and manner for making such representations; and

• (e) a statement informing the person that, if they do not pay the penalty or make representations in accordance with the notice, they will be deemed to have committed the violation and the penalty may be imposed.

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Undertaking

34.‍9 (1) A person may enter into an undertaking at any time. The undertaking is valid upon its acceptance by the Commission or, if it is entered into by a person other than the Corporation, upon its acceptance by the Commission or the person designated to accept an undertaking.

Requirements

(2) An undertaking referred to in subsection (1)

• (a) shall set out every act or omission that is covered by the undertaking;

• (b) shall set out every provision that is at issue;

• (c) may contain any conditions that the Commission or the person designated to accept the undertaking considers appropriate; and

• (d) may include a requirement to pay a specified amount.

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Before notice of violation

(3) If a person enters into an undertaking, a notice of violation shall not be served on them in connection with any act or omission referred to in the undertaking.

After notice of violation

(4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking.

Powers respecting hearings

34.‍91 For greater certainty, the Commission has all the powers, rights and privileges referred to in section 16 if, in a proceeding in respect of a violation, it holds a public hearing under subsection 18(3).

Payment of penalty

34.‍92 (1) If a person who is served with a notice of violation pays the penalty set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended.

Representations to Commission and decision

(2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Commission shall decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation. If the Commission decides that the person committed the violation, it may

• (a) impose the administrative monetary penalty set out in the notice, a lesser penalty or no penalty; and

• (b) suspend payment of the administrative monetary penalty subject to any conditions that the Commission considers necessary to ensure compliance with this Act.

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Penalty

(3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the Commission may impose the penalty.

Copy of decision and notice of rights

(4) The Commission shall cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for leave to appeal under section 31.

Evidence

34.‍93 In a proceeding in respect of a violation, a notice purporting to be served under subsection 34.‍8(1) or a copy of a decision purporting to be served under subsection 34.‍92(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Defence

34.‍94 (1) A person is not to be found liable for a violation, other than a violation under paragraph 34.‍4(1)‍(f), if they establish that they exercised due diligence to prevent its commission.

Common law principles

(2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.

Directors, officers, etc.‍, of corporations

34.‍95 An officer, director or agent or mandatary of a corporation other than the Canadian Broadcasting Corporation, that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against.

Vicarious liability

34.‍96 A person, other than the Corporation, is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee or agent or mandatary is identified or proceeded against.

Limitation or prescription period

34.‍97 (1) Proceedings in respect of a violation may be instituted within, but not after, three years after the day on which the subject matter of the proceedings became known to the Commission.

Certificate

(2) A document that appears to have been issued by the secretary to the Commission, certifying the day on which the subject matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person who appears to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

Information may be made public

34.‍98 The Commission may make public

• (a) the name of a person who enters into an undertaking under section 34.‍9, the nature of the undertaking including the acts or omissions and provisions at issue, the conditions included in the undertaking and the amount payable under it, if any; or

• (b) the name of a person who is deemed, or is found by the Commission or on appeal, to have committed a violation, the acts or omissions and provisions at issue and the amount of the penalty imposed, if any.

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Special case concerning the Corporation — public hearing

34.‍99 (1) Despite subsections 34.‍6(1) and 34.‍92(2) and (3), the Commission shall not impose a penalty under any of those subsections on the Corporation for a violation other than the one referred to in paragraph 34.‍4(1)‍(g) without holding a public hearing on the matter.

Place of hearing

(2) A public hearing under subsection (1) may be held at any place in Canada designated by the Chairperson of the Commission.

Notice of hearing

(3) The Commission shall cause notice of any public hearing to be held by it under subsection (1) 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 matter to which the public hearing relates.

Powers respecting hearings

(4) The Commission has, in respect of any hearing under subsection (1), with regard to the attendance, swearing and examination of witnesses at the hearing, the production and inspection of documents and other matters necessary or proper in relation to the hearing, all of the powers, rights and privileges that are vested in a superior court of record.

For greater certainty

(5) For greater certainty, sections 17, 20 and 21 apply in respect of public hearings under subsection (1).

Report of violation

34.‍991 (1) If the Commission is satisfied, after holding a public hearing on the matter, that the Corporation has committed a violation referred to in any of paragraphs 34.‍4(1)‍(a) to (f), the Commission shall forward to the Minister a report setting out the circumstances of the violation, the findings of the Commission, the amount of any penalty imposed, and any observations or recommendations of the Commission in connection with the violation.

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 15 days on which that House is sitting after the report is received by the Minister.

Violation or offence

34.‍992 (1) If an act or omission can be proceeded with either as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.

For greater certainty

(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Receiver General

34.‍993 An administrative monetary penalty paid or recovered in relation to a violation is payable to the Receiver General.

Debt due to Her Majesty

34.‍994 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

• (a) the amount of the penalty imposed by the Commission in a decision made in the course of a proceeding before it under this Act in which it finds that a violation referred to in section 34.‍4 has been committed;

• (b) the amount payable under an undertaking entered into under section 34.‍9, beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is accepted;

• (c) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice;

• (d) if representations are made, either the amount of the administrative monetary penalty that is imposed by the Commission or on appeal, as the case may be, beginning on the day specified by the Commission or the court or, if no day is specified, beginning on the day on which the decision is made; and

• (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).

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Limitation period or prescription

(2) Proceedings to recover a debt may be instituted within, but not after, three years after the day on which the debt becomes payable.

Certificate of default

(3) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1).

Effect of registration

(4) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs.

Regulations

34.‍995 The Governor in Council may make regulations

• (a) providing for exceptions to any of paragraphs 34.‍4(1)‍(a) to (g);

• (b) for the purpose of paragraph 34.‍5(2)‍(f), establishing other factors to be considered in determining the amount of the penalty;

• (c) respecting undertakings referred to in section 34.‍9;

• (d) respecting the service of documents required or authorized to be served under this Part, including the manner and proof of service and the circumstances under which documents are to be considered to be served; and

• (e) generally, for carrying out the purposes and provisions of this Part.

  End of inserted block

PART II.‍3 

Submission of Information

Information requirement

34.‍996 A person designated under paragraph 34.‍7(a) who believes that a person is in possession of information that is reasonably considered to be relevant for the purpose of verifying whether a violation referred to in section 34.‍4 has been committed may, by notice, require that person to submit the information to the designated person in the form and manner and within the reasonable time that is stipulated in the notice. A person to whom any such notice is addressed shall comply with the notice.

PART II.‍4 

Offence — Material Misrepresentation of Fact

Prohibition

34.‍997 It is prohibited for any person to knowingly make a material misrepresentation of fact to a person designated under paragraph 34.‍7(a).

Offence

34.‍998 (1) Every person who contravenes section 34.‍997 is guilty of an offence punishable on summary conviction and is liable

• (a) in the case of an individual, to a fine of not more than $10,000 for a first offence or and of not more than $25,000 for each subsequent offence; or

• (b) in any other case, to a fine of not more than $100,000 for a first offence and of not more than $250,000 for each subsequent offence.

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Limitation

(2) Proceedings in respect of an offence under subsection (1) may be instituted within, but not after, two years after the day on which the subject matter of the proceedings arose.

•  

  (a) is engaged in the operation of a broadcasting undertaking Insertion start described in subsection (3) Insertion end ;

• (b) has any pecuniary or proprietary interest in Insertion start such Insertion end a broadcasting undertaking; or

• (c) is principally engaged in the production or distribution of program material that is primarily intended for use by Insertion start such Insertion end a broadcasting undertaking.

Application

(3) Subsection (1) applies with respect to a broadcasting undertaking that

• (a) must be carried on under a licence;

• (b) is carried on by a person who is exempt from the requirement to hold a licence, under an order made under subsection 9(4); or

• (c) must be registered with the Commission under regulations made under paragraph 10(1)‍(i).

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Objects and powers

46 (1) The Corporation is established for the purpose of providing the programming contemplated by paragraphs 3(1)‍(l) and (m), subject to any applicable Insertion start orders Insertion end and regulations of the Commission, and for that purpose the Corporation may

• (b) make agreements with Insertion start persons carrying on broadcasting undertakings Insertion end for the broadcasting of programs;

International service

(2) The Corporation shall, subject to any applicable Insertion start orders Insertion end and regulations of the Commission, provide an international service in accordance with Insertion start any Insertion end directions Insertion start that Insertion end the Governor in Council may issue.

Power to act as agent

(3) The Corporation may, subject to any applicable Insertion start orders Insertion end and regulations of the Commission, act as an agent of Her Majesty in right of Canada, or Insertion start as an agent or mandatary of Her Majesty in right of Insertion end a province, in respect of any broadcasting operations that it may be directed by the Governor in Council to carry out.

Règlements administratifs

51 (1) Le conseil d’administration peut Insertion start prendre des règlements administratifs Insertion end  :

• a)  Insertion start concernant Insertion end la convocation de ses réunions;

• b)  Insertion start concernant Insertion end le déroulement de celles-ci ainsi que la constitution de comités permanents et spéciaux, la délégation de fonctions à ces comités — y compris ceux visés à l’article 45 — et la fixation de leur quorum;

• c)  Insertion start fixant Insertion end les honoraires des administrateurs autres que le président du conseil et le président-directeur général, pour leur présence à ses réunions ou à celles des comités, ainsi que les indemnités de déplacement et de séjour payables à tous les administrateurs;

• d)  Insertion start concernant Insertion end , d’une part, les obligations et le code de conduite des administrateurs et du personnel de la Société et, d’autre part, les conditions d’emploi et les modalités de cessation d’emploi de celui-ci, y compris le paiement à titre individuel ou collectif, de toute gratification — indemnité de retraite ou autre;

• e)  Insertion start concernant Insertion end la création et la gestion d’une caisse de retraite pour les administrateurs et le personnel de la Société et les personnes à leur charge, ainsi que les cotisations de celle-ci à cette caisse et le placement de ses fonds;

• f) d’une façon générale, Insertion start régissant Insertion end la conduite des activités de la Société.

Broadcasting excluded

5 This Act does not apply in respect of broadcasting by a broadcasting undertaking, Insertion start other than an online undertaking Insertion end , as those terms are defined in subsection 2(1) of the Broadcasting Act.

Exception

(7.‍1) This section does not apply to a commercial electronic message that is sent or caused or permitted to be sent by an online undertaking, as defined in subsection 2(1) of the Broadcasting Act, if

• (a) the person to whom the message is sent has expressly or implicitly consented to the transmission of a program, as defined in that subsection, from that online undertaking to an electronic address; and

  End of inserted block
• Start of inserted block

  (b) the message is or forms part of that program or is sent in the course of the transmission of that program to the electronic address to which that program is transmitted.

  End of inserted block

Implied consent — section 6

(9) For the purpose of section 6, Insertion start except subsection 6(7.‍1) Insertion end , consent is implied only if

• (b) in respect of broadcasting, as defined in subsection 2(1) of the Broadcasting Act, by

  • ( Insertion start i Insertion end ) a distribution undertaking, as defined in that subsection 2(1), that is lawful under that Act, other than the broadcasting of a promotion that is inserted by the undertaking, Insertion start or Insertion end

  • Start of inserted block

    (ii) an online undertaking, as defined in that subsection 2(1), that is lawful under that Act, in respect of the retransmission of programs over the Internet, other than the broadcasting of a promotion that is inserted by the undertaking; and

    End of inserted block

• Start of inserted block

  (e) notices of violation issued under section 34.‍8 of the Broadcasting Act in relation to contraventions of a regulation or order made under Part II of that Act in relation to the identification, prevention and removal of barriers; and

• (f) notices of violation issued under section 34.‍8 of the Broadcasting Act in relation to contraventions of any of subsections 42(1) to (4) and (7), 43(1) to (3) and 44(1) to (3) and (6) of the Accessible Canada Act.

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Definition of programming undertaking

(11) In this section, programming undertaking means

• (a) a programming undertaking, as defined in subsection 2(1) of the Broadcasting Act, Insertion start that is carried on lawfully under that Act Insertion end ;

• (b) a programming undertaking described in paragraph (a) that originates programs within a network, as defined in subsection 2(1) of the Broadcasting Act;

• (c) a distribution undertaking, as defined in subsection 2(1) of the Broadcasting Act, Insertion start that is carried on lawfully under that Act, Insertion end in respect of the programs that it originates; or

• Start of inserted block

  (d) an online undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act, in respect of the programs that it originates.

  End of inserted block

new media retransmitter means a person whose retransmission Insertion start would be Insertion end lawful under the Broadcasting Act — Insertion start as that Act read immediately before the day on which section 31.‍1 of that Act comes into force Insertion end — only by reason of the Exemption order Insertion start for digital media broadcasting undertakings Insertion end , issued by the Canadian Radio-television and Telecommunications Commission as the appendix to Insertion start Broadcasting Order CRTC 2012-409 Insertion end , as Insertion start it read immediately before that day Insertion end ; (retransmetteur de nouveaux médias)

retransmitter has the meaning assigned by the regulations; (retransmetteur)

• Start of inserted block

  (a) defining “retransmitter” for the purposes of this section;

  End of inserted block

• Insertion start (a.‍1) Insertion end  defining “local signal” and “distant signal” for the purposes of subsection (2); and

shall, subject to the regulations made pursuant to that Act and to the conditions Insertion start imposed on it under section 9.‍1 of that Act Insertion end , make available, at no cost, to registered referendum committees for the transmission of referendum announcements and other programming produced by or on behalf of those committees an aggregate of three hours of broadcasting time during prime time.

Free time not commercial time

(2)  Insertion start Despite Insertion end subsection 21(1), the Broadcasting Act, any regulations made under that Act and any conditions Insertion start imposed on Insertion end a network operator Insertion start under section 9.‍1 of that Act Insertion end , free broadcasting time shall not be considered to be commercial time.

Broadcasting time provided to registered parties

335 (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions Insertion start imposed on it under section 9.‍1 of that Act Insertion end , make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.

Broadcasting time provided to new eligible parties

(3) In addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions Insertion start imposed on it under section 9.‍1 of that Act Insertion end , make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster’s facilities.

Free broadcasting time

345 (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions Insertion start imposed on it under section 9.‍1 of that Act Insertion end , make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator

• (b) the conditions Insertion start imposed on Insertion end the regulated entity under Insertion start section 9.‍1 Insertion end of the Broadcasting Act that relate to the identification and removal of barriers and the prevention of new barriers;

• (a) a condition Insertion start imposed under section 9.‍1 Insertion end of the Broadcasting Act;