task6_model_deployment/assets/C-11_4 (1).txt

Page 1 
First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 8
An Act to amend the Broadcasting Act and to
make related and consequential
amendments to other Acts
ASSENTED TO
APRIL 27, 2023
BILL C-11

Page 2 
SUMMARY
This enactment amends the Broadcasting Act to, among other
things,
(a) add online undertakings — undertakings for the transmis-
sion or retransmission of programs over the Internet — as a
distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs
uploaded to an online undertaking that provides a social me-
dia service by a user of the service, unless the programs are
prescribed by regulation;
(c) update the broadcasting policy for Canada set out in sec-
tion 3 of the Act by, among other things, providing that the
Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, includ-
ing Canadians from Black or other racialized communities
and Canadians of diverse ethnocultural backgrounds,
socio-economic statuses, abilities and disabilities, sexual
orientations, gender identities and expressions, and ages,
and
(ii) provide opportunities to Indigenous persons, pro-
gramming that reflects Indigenous cultures and that is in
Indigenous languages, and programming that is accessi-
ble without barriers to persons with disabilities;
(d) enhance the vitality of official language minority commu-
nities in Canada and foster the full recognition and use of
both English and French in Canadian society, including by
supporting the production and broadcasting of original pro-
grams in both languages;
(e) specify that the Canadian Radio-television and Telecom-
munications Commission (the “Commission”) must regulate
and supervise the Canadian broadcasting system in a manner
that
(i) takes into account the different characteristics of En-
glish, French and Indigenous language broadcasting and
the different conditions under which broadcasting under-
takings that provide English, French or Indigenous lan-
guage programming operate,
(ii) takes into account, among other things, the nature and
diversity of the services provided by broadcasting under-
takings,
(iii) ensures that any broadcasting undertaking that can-
not make maximum or predominant use of Canadian cre-
ative and other human resources in the creation, produc-
tion and presentation of programming contributes to
those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable to sci-
entific and technological change,
(v) facilitates the provision to Canadians of Canadian pro-
grams in both official languages, including those created
and produced by official language minority communities
Available on the House of Commons website at the following address:
www.ourcommons.ca
2021-2022-2023

Page 3 
in Canada, as well as Canadian programs in Indigenous
languages,
(vi) facilitates the provision of programs that are accessi-
ble without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs
created and produced by members of Black or other
racialized communities,
(viii) protects the privacy of individuals who are members
of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting under-
takings to which the Act applies and avoids imposing obli-
gations on any class of broadcasting undertakings if that
imposition will not contribute in a material manner to the
implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Gov-
ernor in Council of policy directions to the Commission;
(g) 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;
(h) provide the Commission with the power to require that
persons carrying on broadcasting undertakings make expen-
ditures to support the Canadian broadcasting system;
(i) 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;
(j) 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;
(k) 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;
(l) 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
(m) 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 amend-
ments to other Acts.
2021-2022-2023
Chapter 8: Online Streaming Act
SUMMARY

Page 4 

Page 5 
70-71 ELIZABETH II – 1 CHARLES III
CHAPTER 8
An Act to amend the Broadcasting Act and to make
related and consequential amendments to other Acts
[Assented to 27th April, 2023]
His Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada,
enacts as follows:
Short Title
Short title
1 This Act may be cited as the Online Streaming Act.
1991, c. 11
Broadcasting Act
2 (1) The definitions broadcasting, broadcasting
undertaking, distribution undertaking, network and
programming undertaking in subsection 2(1) of the
Broadcasting Act are respectively replaced by
the following:
broadcasting means any transmission of programs —
regardless of whether the transmission is scheduled or on
demand or whether the programs are encrypted or not —
by radio waves or other means of telecommunication for
reception by the public by means of broadcasting receiv-
ing apparatus, but does not include any such transmis-
sion of programs that is made solely for performance or
display in a public place; (radiodiffusion)
broadcasting undertaking includes a distribution un-
dertaking, an online undertaking, a programming under-
taking and a network; (entreprise de radiodiffusion)
distribution undertaking means an undertaking for the
reception of broadcasting and its retransmission by radio
waves or other means of telecommunication to more
than one permanent or temporary residence or dwelling
unit or to another such undertaking, but does not include
such an undertaking that is an online undertaking; (en-
treprise de distribution)
2021-2022-2023

Page 6 
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 anoth-
er undertaking or person, but does not include such an
operation that is an online undertaking; (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, but
does not include such an undertaking that is an online
undertaking; (entreprise de programmation)
(2) Subsection 2(1) of the Act is amended by
adding the following in alphabetical order:
affiliate, in relation to any person, means any other per-
son 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 Ac-
cessible Canada Act; (obstacle)
community element includes the element of the Cana-
dian broadcasting system as part of which members of a
community participate in the production of programs
that are in a language used in the community including a
not-for-profit broadcasting undertaking that is managed
by a board of directors elected by the community; (élé-
ment communautaire)
control, in the definition affiliate, in paragraph 9.1(1)(m)
and in subparagraph 9.1(1)(n)(i), includes control in fact,
whether or not through one or more persons; (contrôle)
decision includes a determination made by the Com-
mission in any form; (décision)
Indigenous peoples has the meaning assigned by the
definition aboriginal peoples of Canada in subsection
35(2) of the Constitution Act, 1982; (peuples autoch-
tones)
official language minority community means English-
speaking communities in Quebec and French-speaking
communities outside Quebec; (communauté de langue
officielle en situation minoritaire)
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
2

Page 7 
online undertaking means an undertaking for the
transmission or retransmission of programs over the In-
ternet for reception by the public by means of broadcast-
ing receiving apparatus; (entreprise en ligne)
programming control means control over the selection
of programs for transmission, but does not include con-
trol over the selection of a programming service for re-
transmission; (contrôle de la programmation)
(3) Subsection 2(3) of the Act is replaced by the
following:
Exclusion — carrying on broadcasting undertaking
(2.1) A person who uses a social media service to upload
programs for transmission over the Internet and recep-
tion 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.
Exclusion — social media service and programming
control
(2.2) An online undertaking that provides a social media
service does not, for the purposes of this Act, exercise
programming control over programs uploaded 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.
Exclusion — certain transmissions over the Internet
(2.3) A person does not carry on an online undertaking
for the purposes of this Act in respect of a transmission
of programs over the Internet
(a) that is ancillary to a business not primarily en-
gaged in the transmission of programs to the public
and that is intended to provide clients with informa-
tion or services directly related to that business;
(b) that is part of the operations of a primary or sec-
ondary school, a college, university or other institution
of higher learning, a public library or a museum; or
(c) that is part of the operations of a theatre, concert
hall or other venue for the presentation of live per-
forming arts.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
2

Page 8 
Interpretation
(3) This Act shall be construed and applied in a manner
that is consistent with
(a) the freedom of expression and journalistic, cre-
ative and programming independence enjoyed by
broadcasting undertakings and creators;
(b) the right to privacy of individuals; and
(c) the commitment of the Government of Canada to
enhance the vitality of official language minority com-
munities and to support and assist their development,
as well as to foster the full recognition and use of both
English and French in Canadian society.
3 (1) Paragraph 3(1)(a) of the Act is replaced by
the following:
(a) the Canadian broadcasting system shall be effec-
tively owned and controlled by Canadians, and it is
recognized that it includes foreign broadcasting un-
dertakings that provide programming to Canadians;
(a.1) each broadcasting undertaking shall contribute
to the implementation of the objectives of the broad-
casting policy set out in this subsection in a manner
that is appropriate in consideration of the nature of
the services provided by the undertaking;
(2) Paragraph 3(1)(c) of the Act is replaced by the
following:
(c) while sharing common aspects, English and
French language broadcasting operate under different
conditions — in particular, the minority context of
French in North America — and may have different re-
quirements;
(2.1) Subparagraph 3(1)(d)(ii) of the Act is re-
placed by the following:
(ii) encourage the development of Canadian ex-
pression by providing a wide range of programming
that reflects Canadian attitudes, opinions, ideas,
values and artistic creativity, by displaying Canadi-
an talent in entertainment programming and by of-
fering information and analysis concerning Canada
and other countries from a Canadian point of view,
and foster an environment that encourages the
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 2-3

Page 9 
development and export of Canadian programs
globally,
(3) Subparagraphs 3(1)(d)(iii) and (iv) of the Act
are replaced by the following:
(iii) through its programming and the employment
opportunities arising out of its operations, serve the
needs and interests of all Canadians — including
Canadians from Black or other racialized communi-
ties and Canadians of diverse ethnocultural back-
grounds, socio-economic statuses, abilities and dis-
abilities, sexual orientations, gender identities and
expressions, and ages — and reflect their circum-
stances and aspirations, including equal rights, the
linguistic duality and multicultural and multiracial
nature of Canadian society and the special place of
Indigenous peoples and languages within that soci-
ety,
(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,
(iii.11) provide opportunities to Black and other
racialized persons in Canada by taking into account
their specific needs and interests, namely, by sup-
porting the production and broadcasting of original
programs by and for Black and other racialized
communities,
(iii.2) support the production and broadcasting of
original French language programs,
(iii.3) enhance the vitality of official language mi-
nority communities in Canada and support and as-
sist their development by taking into account their
specific needs and interests, including through sup-
porting the production and broadcasting of original
programs by and for those communities,
(iii.4) support community broadcasting that re-
flects both the diversity of the communities being
served, including with respect to the languages in
use within those communities and to their ethno-
cultural and Indigenous composition, and the high
engagement and involvement in community broad-
casting by members of those communities, includ-
ing with respect to matters of public concern,
(iii.5) ensure that Canadian independent broad-
casting undertakings continue to be able to play a
vital role within that system,
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
3

Page 10 
(iii.6) support the production and broadcasting of
programs in a diversity of languages that reflect
Black and other racialized communities and the di-
versity of the ethnocultural composition of Canadi-
an society, including through broadcasting under-
takings that are carried on by Canadians from Black
or other racialized communities and diverse ethno-
cultural backgrounds,
(iii.7) provide opportunities to Canadians from
Black or other racialized communities and diverse
ethnocultural backgrounds to produce and broad-
cast programs by and for those communities,
(iv) promote innovation and be readily adaptable
to scientific and technological change,
(v) reflect and be responsive to the preferences and
interests of various audiences, and
(vi) ensure freedom of expression and journalistic
independence;
(4) Paragraphs 3(1)(f) to (h) of the Act are re-
placed by the following:
(f) each Canadian broadcasting undertaking shall em-
ploy and make maximum use, and in no case less than
predominant use, of Canadian creative and other hu-
man resources in the creation, production and presen-
tation of programming, unless the nature of the ser-
vice provided by the undertaking, such as specialized
content or format or the use of languages other than
French and English, renders that use impracticable, in
which case the undertaking shall make the greatest
practicable use of those resources;
(f.1) each foreign online undertaking shall make the
greatest practicable use of Canadian creative and other
human resources, and shall contribute in an equitable
manner to strongly support the creation, production
and presentation of Canadian programming, taking
into account the linguistic duality of the market they
serve;
(g) the programming over which a person who carries
on a broadcasting undertaking has programming con-
trol should be of high standard;
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
3

Page 11 
(h) all persons who carry on broadcasting undertak-
ings have a responsibility for the programs that they
broadcast and over which they have programming
control;
(5) Subparagraphs 3(1)(i)(i) and (ii) of the Act are
replaced by the following:
(i) be varied and comprehensive, providing a bal-
ance of information, enlightenment and entertain-
ment for people of all ages, interests and tastes,
(i.1) reflect and support Canada’s linguistic duality
by placing significant importance on the creation,
production and broadcasting of original French lan-
guage programs, including those from French lin-
guistic minority communities,
(ii) be drawn from local, regional, national and in-
ternational sources, including, at the local level,
from community broadcasters who, through collab-
oration with local organizations and community
members, are in the unique position of being able
to provide varied programming to meet the needs
of specific audiences,
(ii.1) include programs produced by Canadians
that cover news and current events — from the local
and regional to the national and international —
and that reflect the viewpoints of Canadians, in-
cluding the viewpoints of Indigenous persons and
of Canadians from Black or other racialized com-
munities and diverse ethnocultural backgrounds,
(ii.2) reflect the importance of Indigenous lan-
guage revitalization by supporting the production
and broadcasting of Indigenous language program-
ming, in accordance with the United Nations Decla-
ration on the Rights of Indigenous Peoples and in
response to the Truth and Reconciliation Commis-
sion of Canada’s Calls to Action,
(5.1) Subparagraph 3(1)(i)(iv) of the Act is re-
placed by the following:
(iv) provide a reasonable opportunity for the public
to be exposed to the expression of differing views
on matters of public concern and to directly partici-
pate in public dialogue on those matters including
through the community element, and
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
3

Page 12 
(6) Paragraphs 3(1)(k) and (l) of the Act are re-
placed by the following:
(k) a range of broadcasting services in English and in
French shall be extended to all Canadians;
(l) the Canadian Broadcasting Corporation, as the na-
tional public broadcaster, should provide broadcasting
services incorporating a wide range of programming
that informs, enlightens and entertains;
(6.1) Subparagraph 3(1)(m)(iv) of the Act is re-
placed by the following:
(iv) be in English and in French, reflecting the dif-
ferent needs and circumstances of each official lan-
guage community, including the specific needs and
interests of official language minority communities,
(7) Paragraphs 3(1)(o) to (s) of the Act are re-
placed by the following:
(o) programming that reflects the Indigenous cultures
of Canada and programming that is in Indigenous lan-
guages should be provided — including through
broadcasting undertakings that are carried on by In-
digenous persons — within community elements,
which are positioned to serve smaller and remote
communities, and other elements of the Canadian
broadcasting system in order to serve Indigenous peo-
ples where they live;
(p) programming that is accessible without barriers to
persons with disabilities should be provided within the
Canadian broadcasting system, including through
community broadcasting, as well as the opportunity
for them to develop their own content and voices;
(p.1) programming that is accessible without barriers
to persons with disabilities should be provided within
the Canadian broadcasting system, including without
limitation, closed captioning services and described
video services available to assist persons living with a
visual or auditory impairment;
(q) online undertakings that provide the program-
ming services of other broadcasting undertakings
should
(i) ensure the discoverability of Canadian program-
ming services and original Canadian programs, in-
cluding original French language programs, in an
equitable proportion,
(ii) when programming services are supplied to
them by other broadcasting undertakings under
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
3

Page 13 
contractual 
arrangements, 
provide 
reasonable
terms for the carriage, packaging and retailing of
those programming services, and
(iii) ensure the delivery of programming at afford-
able rates;
(r) online undertakings shall clearly promote and rec-
ommend Canadian programming, in both official lan-
guages as well as in Indigenous languages, and ensure
that any means of control of the programming gener-
ates results allowing its discovery;
(s) the programming provided by the community ele-
ment should
(i) be innovative and complementary to the pro-
gramming provided for mass audiences,
(ii) cater to tastes and interests not adequately pro-
vided for by the programming provided for mass
audiences and include programs devoted to culture,
politics, history, health and public safety, local
news and current events, local economy and the
arts,
(iii) reflect Canada’s communities, regions, Indige-
nous and multicultural nature, including through
third-language programming,
(iv) support new and emerging Canadian creative
talent, as a cost-effective venue for learning new
skills, taking risks and exchanging ideas,
(v) through community participation, strengthen
the democratic process and support local journal-
ism, and
(vi) be available throughout Canada so that all
Canadians can engage in dialogue on matters of
public concern; and
4 The Act is amended by adding the following af-
ter section 4:
Non-application — programs on social media service
4.1 (1) This Act does not apply in respect of a program
that is uploaded to an online undertaking that provides a
social media service by a user of the service for transmis-
sion over the Internet and reception by other users of the
service.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 3-4

Page 14 
Application — certain programs
(2) Despite subsection (1), this Act applies in respect of a
program that is uploaded as described in that subsection
if the program
(a) is uploaded to the social media service by the
provider of the service or the provider’s affiliate, or by
the agent or mandatary of either of them; or
(b) is prescribed by regulations made under sec-
tion 4.2.
Non-application — social media service
(3) This Act does not apply in respect of online undertak-
ings whose broadcasting consists only of programs in re-
spect of which this Act does not apply under this section.
For greater certainty
(4) For greater certainty, this section does not exclude
the application of this Act in respect of a program that,
except for the fact that it is not uploaded as described in
subsection (1), is the same as a program in respect of
which this Act does not apply under this section.
Regulations — programs to which this Act applies
4.2 (1) For the purposes of paragraph 4.1(2)(b), the
Commission may make regulations prescribing programs
in respect of which this Act applies, in a manner that is
consistent with freedom of expression.
Matters
(2) In making regulations under subsection (1), the Com-
mission shall consider the following matters:
(a) the extent to which a program, uploaded to an on-
line undertaking that provides a social media service,
directly or indirectly generates revenues;
(b) the fact that such a program has been broadcast,
in whole or in part, by a broadcasting undertaking that
(i) is required to be carried on under a licence, or
(ii) is required to be registered with the Commis-
sion but does not provide a social media service;
and
(c) the fact that such a program has been assigned a
unique identifier under an international standards
system.
Exclusion
(3) The regulations shall not prescribe a program
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
4

Page 15 
(a) in respect of which neither the user of a social me-
dia service who uploads the program nor the owner or
licensee of copyright in the program receives rev-
enues; or
(b) that consists only of visual images.
5 (1) Paragraph 5(2)(a) of the Act is replaced by
the following:
(a) takes into account the different characteristics of
English, French and Indigenous language broadcast-
ing and the different conditions under which broad-
casting undertakings that provide English, French or
Indigenous language programming operate — includ-
ing the minority context of French in North America
— and the specific needs and interests of official lan-
guage minority communities in Canada and of Indige-
nous peoples;
(a.1) takes into account the nature and diversity of the
services provided by broadcasting undertakings, as
well as their size, their impact on the Canadian cre-
ation and production industry, particularly with re-
spect to employment in Canada and Canadian pro-
gramming, their contribution to the implementation
of the broadcasting policy set out in subsection 3(1)
and any other characteristic that may be relevant in
the circumstances;
(a.2) ensures that any broadcasting undertaking that
cannot make maximum or predominant use of Cana-
dian creative and other human resources in the cre-
ation, production and presentation of programming
contributes to those Canadian resources in an equi-
table manner;
(1.1) Paragraph 5(2)(c) of the Act is replaced by
the following:
(c) promotes innovation and is readily adaptable to
scientific and technological change;
(2) Paragraph 5(2)(e) of the Act is replaced by the
following:
(e) facilitates the provision to Canadians of Canadian
programs created and produced in both official lan-
guages, including those created and produced by offi-
cial language minority communities in Canada, as well
as in Indigenous languages;
(e.1) facilitates the provision of programs that are ac-
cessible without barriers to persons with disabilities;
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 4-5

Page 16 
(e.2) facilitates the provision to Canadians of pro-
grams created and produced by members of Black or
other racialized communities;
(3) Subsection 5(2) of the Act is amended by strik-
ing out “and” at the end of paragraph (f) and by
adding the following after paragraph (g):
(g.1) protects the privacy of individuals who are
members of the audience for programs broadcast by
broadcasting undertakings; and
(h) takes into account the variety of broadcasting un-
dertakings to which this Act applies and avoids impos-
ing obligations on any class of broadcasting undertak-
ings if that imposition will not contribute in a material
manner to the implementation of the broadcasting
policy set out in subsection 3(1).
6 The Act is amended by adding the following af-
ter section 5:
Official language minority communities
5.1 In regulating and supervising the Canadian broad-
casting system and exercising its powers under this Act,
the Commission shall enhance the vitality of official lan-
guage minority communities in Canada and support and
assist their development.
Consultation
5.2 (1) The Commission shall consult with official lan-
guage minority communities in Canada when making de-
cisions that could adversely affect them.
Objectives of consultations
(2) When engaging in consultations required by subsec-
tion (1), the Commission shall
(a) gather information to test its policies, decisions
and initiatives;
(b) propose policies, decisions and initiatives that
have not been finalized;
(c) seek the communities’ opinions with regard to the
policies, decisions or initiatives that are the subject of
the consultations;
(d) provide them with all relevant information on
which those policies, decisions or initiatives are based;
(e) openly and meaningfully consider those opinions;
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 5-6

Page 17 
(f) be prepared to alter those policies, decisions or ini-
tiatives; and
(g) provide the communities with feedback, both dur-
ing the consultation process and after a decision has
been made.
7 (1) Subsections 8(2) and (3) of the Act are re-
placed by the following:
Representations
(2) The Minister shall
(a) specify in the notice the period — of at least 30
days from the day on which the notice was published
under paragraph (1)(a) — during which interested
persons may make representations; and
(b) publish the representations that are made during
that period.
Implementation of proposal
(3) The Governor in Council may, after the period re-
ferred to in paragraph (2)(a) has ended and the proposed
order has been laid before each House of Parliament, im-
plement the proposal by making an order under section
7, either in the form proposed or revised in the manner
that the Governor in Council considers appropriate.
(2) Subsection 8(5) of the Act is repealed.
8 (1) Paragraphs 9(1)(a) to (h) of the Act are re-
placed by the following:
(a) establish classes of licences other than for online
undertakings;
(b) issue a licence, the term of which may be indefi-
nite or fixed by the Commission;
(c) amend a licence as to its term, on the application
of the licensee;
(d) amend a licence other than as to its term, on the
application of the licensee or on the Commission’s
own motion;
(e) renew a licence, the term of which may be indefi-
nite or fixed by the Commission; and
(f) suspend or revoke a licence.
1994, c. 26, s. 10(F)
(2) Subsections 9(2) to (4) of the Act are replaced
by the following:
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 6-8

Page 18 
Exemptions
(4) The Commission shall, by order, on the terms and
conditions that it considers appropriate, exempt persons
who carry on broadcasting undertakings of any class
specified in the order from any or all of the requirements
of this Part, of an order made under section 9.1 or of a
regulation made under this Part if the Commission is sat-
isfied that compliance with those requirements will not
contribute in a material manner to the implementation of
the broadcasting policy set out in subsection 3(1).
Repeal or amendment
(5) The Commission shall repeal or amend an exemption
order made under subsection (4) if the Commission con-
siders that doing so will contribute in a material manner
to the implementation of the broadcasting policy set out
in subsection 3(1).
9 The Act is amended by adding the following af-
ter section 9:
Conditions
9.1 (1) The Commission may, in furtherance of its ob-
jects, 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 Cana-
dian programs;
(b) the proportion of Canadian programs to be broad-
cast that shall be original French language programs,
including first-run programs;
(c) the proportion of programs to be broadcast that
shall be original French language programs;
(d) the proportion of programs to be broadcast that
shall be devoted to specific genres, in order to ensure
the diversity of programming;
(e) the presentation of programs and programming
services for selection by the public, including the
showcasing and the discoverability of Canadian pro-
grams and programming services, such as original
French language programs;
(f) a requirement for a person carrying on a broad-
casting undertaking, other than an online undertak-
ing, to obtain the approval of the Commission before
entering into any contract with a telecommunica-
tions 
common 
carrier, 
as 
defined 
in 
the
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 8-9

Page 19 
Telecommunications Act, for the distribution of pro-
gramming directly to the public;
(g) a requirement for a person carrying on a distribu-
tion undertaking to give priority to the carriage of
broadcasting;
(h) a requirement for a person carrying on a distribu-
tion undertaking to carry, on the terms and conditions
that the Commission considers appropriate, program-
ming services, specified by the Commission, that are
provided by a broadcasting undertaking;
(i) a requirement, without terms or conditions, for a
person carrying on an online undertaking that pro-
vides the programming services of other broadcasting
undertakings in a manner that is similar to a distribu-
tion undertaking to carry programming services, spec-
ified by the Commission, that are provided by a broad-
casting undertaking;
(j) terms and conditions of service in contracts be-
tween distribution undertakings and their subscribers;
(k) access by persons with disabilities to program-
ming, including the identification, prevention and re-
moval of barriers to such access;
(l) the carriage of emergency messages;
(m) any change in the ownership or control of a
broadcasting undertaking that is required to be car-
ried on under a licence;
(n) the provision to the Commission, by licensees or
persons exempt from the requirement to hold a li-
cence under an order made under subsection 9(4), of
information related to
(i) the ownership, governance and control of those
licensees or exempt persons, and
(ii) the affiliation of those licensees or exempt per-
sons with any affiliates carrying on broadcasting
undertakings;
(o) the provision to the Commission, by persons car-
rying on broadcasting undertakings, of any other in-
formation 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 un-
der section 11.1, and
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
9

Page 20 
(iv) information related to audience measurement,
other than information that could identify any indi-
vidual audience member; and
(p) continued ownership and control by Canadians of
Canadian broadcasting undertakings.
Application
(2) An order made under this section may be made ap-
plicable to all persons carrying on broadcasting under-
takings, to all persons carrying on broadcasting under-
takings 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 or-
ders 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 undertak-
ings and other interested persons to make representa-
tions to the Commission with respect to the proposed or-
der.
Publication
(5) The Commission shall publish each order that is
made under this section on its website.
Programming control
(6) Orders made under any of paragraphs (1)(a) to (d)
apply only in respect of programs over which a person
who carries on a broadcasting undertaking has program-
ming control.
Canadian original French language programs
(7) In making an order under paragraph (1)(c), the Com-
mission shall ensure that Canadian original French lan-
guage programs represent a significant proportion of the
original French language programs to be broadcast.
Restriction — computer algorithm or source code
(8) The Commission shall not make an order under para-
graph (1)(e) that would require the use of a specific com-
puter algorithm or source code.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
9

Page 21 
Good faith negotiation
(9) The person carrying on an online undertaking to
whom an order made under paragraph (1)(i) applies and
the person carrying on the broadcasting undertaking
whose programming services are specified in the order
shall negotiate the terms for the carriage of the program-
ming services in good faith.
Facilitation
(10) The Commission may facilitate those negotiations
at the request of either party to the negotiations.
10 (1) The portion of subsection 10(1) of the
French version of the Act before paragraph (a) is
replaced by the following:
Règlements
10 (1) Dans l’exécution de sa mission, le Conseil peut
prendre des règlements :
(2) Paragraph 10(1)(a) of the Act is repealed.
(3) Paragraph 10(1)(b) of the French version of
the Act is replaced by the following:
b) définissant « émission canadienne » pour l’applica-
tion de la présente loi;
(4) Paragraph 10(1)(c) of the Act is replaced by
the following:
(c) respecting standards for programs over which a
person carrying on a broadcasting undertaking has
programming control and the allocation of broadcast-
ing time, for the purpose of giving effect to the broad-
casting policy set out in subsection 3(1);
(5) Paragraph 10(1)(d) of the French version of
the Act is replaced by the following:
d) concernant la nature de la publicité et le temps
d’antenne qui peut y être consacré;
(6) Paragraph 10(1)(e) of the Act is replaced by
the following:
(e) respecting, in relation to a broadcasting undertak-
ing other than an online undertaking, the proportion
of time that may be devoted to the broadcasting of
programs, including advertisements or announce-
ments, of a partisan political character and the assign-
ment of that time on an equitable basis to political
parties and candidates;
(7) Paragraphs 10(1)(f) to (h) of the French ver-
sion of the Act are replaced by the following:
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 9-10

Page 22 
f) prescrivant les conditions d’exploitation des entre-
prises de programmation faisant partie d’un réseau
ainsi que les conditions de radiodiffusion des émis-
sions de réseau et concernant le temps d’antenne à ré-
server à celles-ci par ces entreprises;
g) concernant la fourniture de services de program-
mation — même étrangers — par les entreprises de
distribution;
h) pourvoyant au règlement — notamment par la mé-
diation — de différends concernant la fourniture de
programmation et survenant entre les entreprises de
programmation qui la transmettent et les entreprises
de distribution;
(8) Paragraphs 10(1)(i) and (j) of the Act are re-
placed by the following:
(h.1) respecting unjust discrimination by a person
carrying on a broadcasting undertaking and undue or
unreasonable preference given, or undue or unreason-
able disadvantage imposed, by such a person;
(i) respecting the registration of broadcasting under-
takings with the Commission;
(j) respecting the audit or examination of records and
books of account of persons carrying on broadcasting
undertakings by the Commission or persons acting on
behalf of the Commission; and
(9) Paragraph 10(1)(k) of the French version of
the Act is replaced by the following:
k) concernant toute autre mesure qu’il estime néces-
saire à l’exécution de sa mission.
(10) Subsections 10(2) and (3) of the Act are re-
placed by the following:
Regulations — Canadian programs
(1.1) In making regulations under paragraph (1)(b), the
Commission shall consider the following matters:
(a) whether Canadians, including independent pro-
ducers, have a right or interest in relation to a pro-
gram, including copyright, that allows them to control
and benefit in a significant and equitable manner from
the exploitation of the program;
(b) whether key creative positions in the production of
a program are primarily held by Canadians;
(c) whether a program furthers Canadian artistic and
cultural expression;
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
10

Page 23 
(d) the extent to which persons carrying on online un-
dertakings or programming undertakings collaborate
with independent Canadian producers, with persons
carrying on Canadian broadcasting undertakings pro-
ducing their own programs, with producers associated
with Canadian broadcasting undertakings or with any
other person involved in the Canadian program pro-
duction industry, including Canadian owners of copy-
right in musical works or in sound recordings; and
(e) any other matter that may be prescribed by regula-
tion.
Regulations
(1.2) The Governor in Council may make regulations
prescribing matters that the Commission is required to
consider under paragraph (1.1)(e).
Application
(2) A regulation made under subsection (1) may be made
applicable to all persons carrying on broadcasting under-
takings or to all persons carrying on broadcasting under-
takings of any class established by the Commission in the
regulation.
Publication and representations
(3) A copy of each regulation that the Commission pro-
poses to make under subsection (1) shall be published in
the Canada Gazette and a reasonable opportunity shall
be given to persons carrying on broadcasting undertak-
ings and other interested persons to make representa-
tions to the Commission with respect to the regulation.
11 The Act is amended by adding the following
after section 10:
For greater certainty
10.1 For greater certainty, the Commission shall make
orders under subsection 9.1(1) and regulations under
subsection 10(1) in a manner that is consistent with the
freedom of expression enjoyed by users of social media
services that are provided by online undertakings.
12 (1) The portion of subsection 11(1) of the
French version of the Act before paragraph (a) is
replaced by the following:
Règlements : droits
11 (1) Le Conseil peut prendre des règlements :
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 10-12

Page 24 
(2) Paragraphs 11(1)(a) to (d) of the Act are re-
placed by the following:
(a) with the approval of the Treasury Board, establish-
ing schedules of fees to be paid by persons carrying on
broadcasting undertakings of any class;
(b) providing for the establishment of classes of
broadcasting undertakings for the purposes of para-
graph (a);
(c) providing for the payment of any fees payable by a
person carrying on a broadcasting undertaking, in-
cluding the time and manner of payment;
(d) respecting the interest payable by such a person in
respect of any overdue fee; and
(3) Paragraph 11(1)(e) of the French version of
the Act is replaced by the following:
e) concernant toute autre mesure d’application du
présent article qu’il estime nécessaire.
(4) The portion of subsection 11(2) of the English
version of the Act before paragraph (a) is re-
placed by the following:
Criteria
(2) Regulations made under paragraph (1)(a) may pro-
vide for fees to be calculated by reference to any criteria
that the Commission considers appropriate, including by
reference to
(5) Paragraph 11(2)(a) of the Act is replaced by
the following:
(a) the revenues of the persons carrying on broadcast-
ing undertakings;
(6) Paragraph 11(2)(b) of the English version of
the Act is replaced by the following:
(b) the performance of the persons carrying on broad-
casting undertakings in relation to objectives estab-
lished by the Commission, including objectives for the
broadcasting of Canadian programs; and
(7) Paragraph 11(2)(c) of the Act is replaced by
the following:
(c) the market served by the persons carrying on
broadcasting undertakings.
(8) Subsection 11(3) of the Act is replaced by the
following:
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
12

Page 25 
Exceptions
(3) No regulations made under subsection (1) shall apply
to the Corporation or to persons carrying on program-
ming undertakings on behalf of Her Majesty in right of a
province.
Restriction — non-licensees
(3.1) The only fees that may be established with respect
to a broadcasting undertaking shall be fees that relate to
the recovery of the costs of the Commission’s activities
under this Act.
(9) Subsection 11(4) of the English version of the
Act is replaced by the following:
Debt due to Her Majesty
(4) Fees payable under this section and any interest in
respect of them constitute a debt due to Her Majesty in
right of Canada and may be recovered as such in any
court of competent jurisdiction.
(10) Subsection 11(5) of the Act is replaced by the
following:
Publication and representations
(5) A copy of each regulation that the Commission pro-
poses to make under this section shall be published in
the Canada Gazette and a reasonable opportunity shall
be given to persons carrying on broadcasting undertak-
ings and other interested persons to make representa-
tions to the Commission with respect to the regulation.
13 The Act is amended by adding the following
after section 11:
Regulations — expenditures
11.1 (1) The Commission may make regulations re-
specting 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, including
independent productions, for broadcasting by broad-
casting undertakings;
(b) supporting, promoting or training Canadian cre-
ators of audio or audio-visual programs for broadcast-
ing by broadcasting undertakings;
(b.1) supporting broadcasting undertakings offering
programming services that, in the Commission’s opin-
ion, are of exceptional importance to the achievement
of the objectives of the broadcasting policy set out in
subsection 3(1);
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 12-13

Page 26 
(c) supporting participation by persons, groups of
persons or organizations representing the public inter-
est in proceedings before the Commission under this
Act; or
(d) supporting the development of initiatives — in-
cluding tools — that, in the Commission’s opinion, are
efficient and necessary for the achievement of the ob-
jectives of the broadcasting policy set out in subsec-
tion 3(1).
Order — particular broadcasting undertaking
(2) The Commission may make an order respecting ex-
penditures to be made by a particular person carrying on
a broadcasting undertaking for any of the purposes set
out in paragraphs (1)(a) to (d).
Minimum expenditures — French language original
programs
(3) Regulations and orders made under this section for
the purposes set out in paragraph (1)(a) shall prescribe
the minimum share of expenditures that are to be allo-
cated to Canadian original French language programs in
the case of broadcasting undertakings that offer pro-
grams in both official languages.
Application of regulations
(4) A regulation made under this section may be made
applicable to all persons carrying on broadcasting under-
takings or to all persons carrying on broadcasting under-
takings of any class established by the Commission in the
regulation.
Recipients
(5) 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
(6) 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 broadcast-
ing undertakings;
(b) the performance of the persons carrying on broad-
casting 
undertakings 
in 
relation 
to 
objectives
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
13

Page 27 
established by the Commission, including objectives
for the broadcasting of Canadian programs; and
(c) the market served by the persons carrying on
broadcasting undertakings.
Publication and representations
(7) A copy of each regulation that the Commission pro-
poses 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 rea-
sonable 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
(8) The Statutory Instruments Act does not apply to or-
ders made under subsection (2).
2014, c. 39, s. 191(1); 2019, c. 10, s. 161(1)
14 Subsection 12(1) of the Act is replaced by the
following:
Inquiries
12 (1) The Commission may inquire into, hear and de-
termine a matter if it appears to the Commission that
(a) any person is contravening or has contravened this
Part or any regulation, licence, decision or order made
or issued by the Commission under this Part;
(b) any person is contravening or has contravened
section 34.1;
(c) any person is contravening or has contravened
sections 42 to 44 of the Accessible Canada Act; or
(d) the circumstances may require the Commission to
make any decision or order or to give any approval
that it is authorized to make or give under this Part or
under any regulation or order made under this Part.
15 (1) Paragraph 18(1)(c) of the Act is replaced by
the following:
(c) the establishing of any performance objectives for
the purposes of paragraphs 11(2)(b) and 11.1(6)(b);
and
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 13-15

Page 28 
(2) Subsection 18(2) of the Act is replaced by the
following:
Public hearings — specific matters
(2) The Commission shall also hold a public hearing in
connection with the following matters unless it is satis-
fied that such a hearing is not required in the public in-
terest:
(a) the amendment or renewal of a licence;
(b) the making of an order under subsection 9.1(1) or
11.1(2); and
(c) the making of any regulation under this Act.
16 (1) Section 20 of the Act is amended by adding
the following after subsection (1):
Appointments by Chairperson
(1.1) The Chairperson of the Commission may appoint
members of the Commission to a panel if it is determined
that the panel would otherwise have fewer than three
members.
Exception — conflict of interest
(1.2) Members of the Commission may participate in
any panel, unless this participation would place them in a
conflict of interest.
(2) Subsection 20(4) of the Act is replaced by the
following:
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 broadcast-
ing policy set out in subsection 3(1), the regulatory policy
set out in subsection 5(2), the orders made under section
9.1, the regulations made under sections 10 and 11 and
the regulations and orders made under section 11.1.
17 Section 21 of the French version of the Act is
replaced by the following:
Règles
21 Le Conseil peut établir des règles concernant l’ins-
truction des affaires dont il est saisi, notamment la pro-
cédure applicable à la présentation des demandes d’attri-
bution, de modification, de renouvellement, de suspen-
sion ou de révocation de licences, la présentation des ob-
servations et des plaintes et le déroulement des au-
diences.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 15-17

Page 29 
18 Subsections 23(1) to (3) of the Act are replaced
by the following:
Consultation between Commission and Corporation
23 (1) The Commission shall, at the request of the Cor-
poration, consult with the Corporation with regard to any
conditions that the Commission proposes to impose un-
der subsection 9.1(1) — or with regard to any regulation
or order that the Commission proposes to make under
section 11.1 — that would apply with respect to the Cor-
poration.
Reference to Minister
(2) If, despite the consultation provided for in subsection
(1), the Commission imposes any condition, or makes
any regulation or order, referred to in subsection (1) that
the Corporation is satisfied would unreasonably impede
the Corporation in providing the programming contem-
plated by paragraphs 3(1)(l) and (m), the Corporation
may, within 30 days after the condition is imposed or the
regulation or order is made, refer the condition, regula-
tion or order to the Minister for consideration.
Ministerial directive
(3) Subject to subsection (4), the Minister may, within
90 days after a condition, regulation or order is referred
to the Minister under subsection (2), issue to the Com-
mission a written directive with respect to the condition,
regulation or order and the Commission shall comply
with any such directive issued by the Minister.
19 Paragraph 24(1)(a) of the Act is replaced by
the following:
(a) the licensee has contravened any order made un-
der subsection 9.1(1), 11.1(2) or 12(2) or any regula-
tion made under this Part; or
20 Subsection 25(1) of the Act is replaced by the
following:
Report of contravention by Corporation
25 (1) If the Commission is satisfied, after a public hear-
ing on the matter, that the Corporation has contravened
section 31.1, any order made under subsection 9.1(1),
11.1(2) 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 rec-
ommendations of the Commission in connection with the
contravention.
21 The Act is amended by adding the following
after section 25:
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 18-21

Page 30 
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 in-
formation submitted to the Commission in respect of a
broadcasting undertaking.
Access to information
25.2 Subject to section 25.3, the Commission shall
proactively make available for public inspection any in-
formation submitted to the Commission in the course of
proceedings before it.
Confidential information
25.3 (1) A person who submits any of the following in-
formation to the Commission may designate it as confi-
dential:
(a) information that is a trade secret;
(b) financial, commercial, scientific or technical infor-
mation that is confidential and that is treated consis-
tently in a confidential manner by the person who
submitted it; or
(c) information the disclosure of which could reason-
ably 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.
Information not to be disclosed
(2) Subject to subsections (4), (5) and (7), if a person
designates information as confidential and the designa-
tion is not withdrawn by that person, no person de-
scribed in subsection (3) shall knowingly disclose the in-
formation, 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 ben-
efit from the information or use it to the detriment of any
person to whose business or affairs the information re-
lates.
Persons who shall not disclose information
(3) Subsection (2) applies to any person referred to in
any of the following paragraphs who comes into
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
21

Page 31 
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 Com-
mission;
(b) in respect of information disclosed under para-
graph (4)(b) or (5)(b), the Commissioner of Competi-
tion 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.
Disclosure of information submitted in proceedings
(4) If designated information is submitted in the course
of proceedings before the Commission, the Commission
may, while protecting the privacy of Canadians,
(a) disclose the information or require its disclosure if
the Commission determines, after considering any
representations from interested persons, that the dis-
closure is in the public interest; and
(b) disclose the information or require its disclosure
to the Commissioner of Competition on the Commis-
sioner’s request if the Commission determines that the
information is relevant to competition issues being
considered in the proceedings.
Disclosure of other information
(5) If designated information is submitted to the Com-
mission otherwise than in the course of proceedings be-
fore it, the Commission may, while protecting the privacy
of Canadians,
(a) disclose the information or require its disclosure
if, after considering any representations from interest-
ed persons, the Commission considers that the infor-
mation is relevant to a matter arising in the exercise of
its powers or the performance of its duties and func-
tions and determines that the disclosure is in the pub-
lic interest; and
(b) disclose the information or require its disclosure
to the Commissioner of Competition, on the Commis-
sioner’s request, if the Commission considers that the
information is relevant to competition issues that are
related to such a matter.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
21

Page 32 
Information disclosed to Commissioner of
Competition
(6) Neither the Commissioner of Competition nor any
person whose duties involve the administration and en-
forcement of the Competition Act and who is referred to
in section 25 of that Act shall use information that is dis-
closed
(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).
Information inadmissible
(7) Designated information that is not disclosed or re-
quired to be disclosed under this section is not admissi-
ble in evidence in any judicial proceedings except pro-
ceedings 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 informa-
tion.
22 (1) Subsection 28(1) of the Act is replaced by
the following:
Setting aside or referring decisions back to
Commission
28 (1) If the Commission makes a decision under sec-
tion 9 to issue, amend or renew a licence, the Governor in
Council may, within 180 days after the date of the deci-
sion, 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 poli-
cy set out in subsection 3(1).
(2) Paragraph 28(3)(b) of the Act is replaced by
the following:
(b) rescind the issue of the licence and issue a licence
to another person; or
(3) Subsections 28(4) and (5) of the Act are re-
pealed.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 21-22

Page 33 
23 (1) Subsection 29(1) of the Act is replaced by
the following:
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.
(2) Subsection 29(3) of the English version of the
Act is replaced by the following:
Register
(3) The Commission shall establish and maintain a pub-
lic register in which shall be kept a copy of each petition
received by the Commission.
24 The Act is amended by adding the following
after section 31:
Prohibition
Carrying on broadcasting undertaking
31.1 (1) A person shall not carry on a broadcasting un-
dertaking unless
(a) they do so in accordance with a licence issued to
them; or
(b) they are exempt, under an order made under sub-
section 9(4), from the requirement to hold a licence.
Exception — online undertaking
(2) Despite subsection (1), a person may carry on an on-
line undertaking without a licence and without being so
exempt.
25 Sections 32 to 34 of the Act are replaced by the
following:
Broadcasting contrary to Act
32 Every person who contravenes section 31.1 is guilty of
an offence punishable on summary conviction and is li-
able
(a) in the case of an individual, to a fine of not more
than $25,000 for each day that the offence continues;
or
(b) in the case of a corporation, to a fine of not more
than $250,000 for each day that the offence continues.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 23-25

Page 34 
Contravention of regulation or order
33 Every person who contravenes any regulation or or-
der made under this Part is guilty of an offence punish-
able on summary conviction and is liable
(a) in the case of an individual, to a fine of not more
than $25,000 for a first offence and of not more
than $50,000 for each subsequent offence; or
(b) in the case of a corporation, to a fine of not more
than $250,000 for a first offence and of not more
than $500,000 for each subsequent offence.
Defence
33.1 A person is not to be found guilty of an offence un-
der section 32 or 33 if they establish that they exercised
due diligence to prevent the commission of the offence.
Limitation
34 Proceedings in respect of an offence under section 33
may be instituted within, but not after, two years after
the day on which the subject matter of the proceedings
arose.
Consultation and Review
Regulations and orders
34.01 (1) Every seven years the Commission shall con-
sult with all interested persons with respect to orders
made under section 9.1 and regulations and orders made
under section 11.1 and shall publish, on the Internet or
otherwise, a report on the consultations that also lists the
orders and regulations that the Commission proposes to
review as a result of the consultations and sets out its
plan for conducting the review.
Publication of report
(2) The Commission shall publish the first report within
seven years after the day on which this subsection comes
into force and, subsequently, within seven years after the
day on which the most recent report is published.
Tabling of reports
(3) The Minister shall cause a copy of all reports pub-
lished under subsections (1) and (2) to be tabled before
each House of Parliament.
26 The Act is amended by adding the following
after section 34.2:
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 25-26

Page 35 
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.
27 The Act is amended by adding the following
after section 34.3:
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) contravene the requirement to negotiate in good
faith under subsection 9.1(9);
(c) carry on a broadcasting undertaking in contraven-
tion of section 31.1;
(d) charge a subscriber for providing the subscriber
with a paper bill in contravention of section 34.1;
(e) contravene an undertaking that they entered into
under section 34.9;
(f) fail to submit information in accordance with a no-
tice issued under section 34.996 to a person designated
under paragraph 34.7(a) that the designated person
requires by the notice;
(g) knowingly make a material misrepresentation of
fact in contravention of section 34.997; or
(h) 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.
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) Subject to a regulation made under paragraph
34.995(b), a person who commits a violation is liable to
an administrative monetary penalty
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 26-27

Page 36 
(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.
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 com-
mitted the violation with this Act, the regulations and
the decisions and orders made by the Commission un-
der 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)(h), compliance with the Accessible Canada Act
— and not to punish; and
(h) any other relevant factor.
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)(h), 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 com-
mitted by a person other than the person who entered in-
to an undertaking under section 34.9 in connection with
the same act or omission giving rise to the violation.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 37 
For greater certainty
(2) For greater certainty, the Commission is not to im-
pose 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.
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 per-
son.
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 per-
son 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 Com-
mission with respect to the violation and the penalty
and informing them of the time and manner for mak-
ing such representations; and
(e) a statement informing the person that, if they do
not pay the penalty or make representations in accor-
dance with the notice, they will be deemed to have
committed the violation and the penalty may be im-
posed.
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
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 38 
Commission or the person designated to accept an un-
dertaking.
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.
Before notice of violation
(3) If a person enters into an undertaking, a notice of vi-
olation 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 re-
ferred 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 vio-
lation pays the penalty set out in the notice, they are
deemed to have committed the violation and the pro-
ceedings in respect of it are ended.
Decision of Commission
(1.1) The Commission shall, in a timely manner, issue a
decision with respect to subsection (1) confirming that
the person is deemed to have committed the violation.
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 con-
siders appropriate, whether the person committed the
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 39 
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.
Penalty
(3) If a person who is served with a notice of violation
neither pays the penalty nor makes representations in ac-
cordance with the notice, the person is deemed to have
committed the violation and the Commission may im-
pose the penalty.
Copy of decision and notice of rights
(4) The Commission shall cause a copy of any decision
made under subsection (1.1), (2) or (3) to be issued and
served on the person together with a notice of the per-
son’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 subsec-
tion 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 viola-
tion, other than a violation under paragraph 34.4(1)(b) or
(g), 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 rela-
tion to a charge for an offence applies in respect of a vio-
lation 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 Cor-
poration, that commits a violation is liable for the viola-
tion if they directed, authorized, assented to, acquiesced
in or participated in the commission of the violation,
whether or not the corporation is proceeded against.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 40 
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 ab-
sence of evidence to the contrary, proof of the matter as-
serted in it.
Information may be made public
34.98 The Commission may make public
(a) the name of a person who enters into an undertak-
ing under section 34.9, the nature of the undertaking
including the acts or omissions and provisions at is-
sue, 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.
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 viola-
tion other than the one referred to in paragraph
34.4(1)(h) without holding a public hearing on the mat-
ter.
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.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 41 
Notice of hearing
(3) The Commission shall cause notice of any public
hearing to be held by it under subsection (1) to be pub-
lished in the Canada Gazette and in one or more news-
papers 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 produc-
tion and inspection of documents and other matters nec-
essary or proper in relation to the hearing, all of the pow-
ers, 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 (g), the Commission shall forward to the
Minister a report setting out the circumstances of the vi-
olation, the findings of the Commission, the amount of
any penalty imposed, and any observations or recom-
mendations of the Commission in connection with the vi-
olation.
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 Par-
liament 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, pro-
ceeding in one manner precludes proceeding in the oth-
er.
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 re-
covered in relation to a violation is payable to the Receiv-
er General.
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 42 
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 Com-
mission in a decision made in the course of a proceed-
ing before it under this Act in which it finds that a vio-
lation 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 vio-
lation, beginning on the day on which it is required to
be paid in accordance with the notice, unless repre-
sentations 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).
Limitation period or prescription
(2) Proceedings to recover a debt may be instituted with-
in, 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 un-
paid 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 regis-
tration costs.
Regulations
34.995 The Governor in Council may make regulations
(a) providing for exceptions to any of paragraphs
34.4(1)(a) to (h);
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 43 
(b) increasing the maximum administrative monetary
penalty amounts set out in subsection 34.5(1);
(c) for the purpose of paragraph 34.5(2)(f), establish-
ing other factors to be considered in determining the
amount of the penalty;
(d) respecting undertakings referred to in section 34.9;
(e) 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
(f) generally, for carrying out the purposes and provi-
sions of this Part.
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 informa-
tion 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 reason-
able 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
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Section  
27

Page 44 
(a) in the case of an individual, to a fine of not more
than $10,000 for a first offence 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.
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.
28 (1) Paragraphs 38(1)(a) to (c) of the Act are re-
placed by the following:
(a) is engaged in the operation of a broadcasting un-
dertaking described in subsection (3);
(b) has any pecuniary or proprietary interest in such a
broadcasting undertaking; or
(c) is principally engaged in the production or distri-
bution of program material that is primarily intended
for use by such a broadcasting undertaking.
(2) Section 38 of the Act is amended by adding the
following after subsection (2):
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).
29 (1) The portion of subsection 46(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
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 orders and
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 27-29

Page 45 
regulations of the Commission, and for that purpose the
Corporation may
(2) Paragraph 46(1)(b) of the Act is replaced by
the following:
(b) make agreements with persons carrying on broad-
casting undertakings for the broadcasting of pro-
grams;
(3) Subsections 46(2) and (3) of the Act are re-
placed by the following:
International service
(2) The Corporation shall, subject to any applicable or-
ders and regulations of the Commission, provide an in-
ternational service that includes the creation, production
and presentation of programming intended for audiences
outside of Canada and provided in English, French and
any other language deemed appropriate, in accordance
with any directions that the Governor in Council may is-
sue.
Power to act as agent
(3) The Corporation may, subject to any applicable or-
ders and regulations of the Commission, act as an agent
of Her Majesty in right of Canada, or as an agent or man-
datary of Her Majesty in right of a province, in respect of
any broadcasting operations that it may be directed by
the Governor in Council to carry out.
30 Subsection 51(1) of the French version of the
Act is replaced by the following:
Règlements administratifs
51 (1) Le conseil d’administration peut prendre des rè-
glements administratifs :
a) concernant la convocation de ses réunions;
b) concernant le déroulement de celles-ci ainsi que la
constitution de comités permanents et spéciaux, la dé-
légation de fonctions à ces comités — y compris ceux
visés à l’article 45 — et la fixation de leur quorum;
c) fixant 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 à payer à tous les administrateurs;
d) concernant, d’une part, les obligations et le code de
conduite des administrateurs et du personnel de la So-
ciété et, d’autre part, les conditions d’emploi et les mo-
dalités de cessation d’emploi de celui-ci, y compris le
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 29-30

Page 46 
paiement à titre individuel ou collectif, de toute grati-
fication — indemnité de retraite ou autre;
e) concernant 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 co-
tisations de celle-ci à cette caisse et le placement de
ses fonds;
f) d’une façon générale, régissant la conduite des acti-
vités de la Société.
Related Amendments
1992, c. 33
Status of the Artist Act
31 Subparagraph 6(2)(a)(ii) of the Status of the
Artist Act is replaced by the following:
(ii) broadcasting undertakings, regulated under the
Broadcasting Act, that are federal works, under-
takings or businesses, as defined in section 2 of
the Canada Labour Code, or that are corporations
established to perform any function or duty on be-
half of the Government of Canada;
2021-2022-2023
Chapter 8: Online Streaming Act
Broadcasting Act
Sections 30-31

Page 47 
2010, c. 23
An Act to promote the efficiency and
adaptability of the Canadian economy
by regulating certain activities that
discourage reliance on electronic
means of carrying out commercial
activities, and to amend the Canadian
Radio-television and
Telecommunications Commission
Act, the Competition Act, the Personal
Information Protection and Electronic
Documents Act and the
Telecommunications Act
32 Section 5 of An Act to promote the efficiency
and adaptability of the Canadian economy by
regulating certain activities that discourage re-
liance on electronic means of carrying out com-
mercial activities, and to amend the Canadian
Radio-television and Telecommunications Com-
mission Act, the Competition Act, the Personal
Information Protection and Electronic Docu-
ments Act and the Telecommunications Act is re-
placed by the following:
Broadcasting excluded
5 This Act does not apply in respect of broadcasting by
a broadcasting undertaking, other than an online un-
dertaking, as those terms are defined in subsection 2(1)
of the Broadcasting Act.
33 Section 6 of the Act is amended by adding the
following after subsection (7):
Exception
(7.1) This section does not apply to a commercial elec-
tronic 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 ex-
pressly or implicitly consented to the transmission of a
program, as defined in that subsection, from that on-
line undertaking to an electronic address; and
2021-2022-2023
Chapter 8: Online Streaming Act
Related Amendments
An Act to promote the efficiency and adaptability of the Canadian economy by regulating
certain activities that discourage reliance on electronic means of carrying out commercial
activities, and to amend the Canadian Radio-television and Telecommunications
Commission Act, the Competition Act, the Personal Information Protection and Electronic
Documents Act and the Telecommunications Act
Sections 32-33

Page 48 
(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.
34 The portion of subsection 10(9) of the Act be-
fore paragraph (a) is replaced by the following:
Implied consent — section 6
(9) For the purpose of section 6, except subsection 6(7.1),
consent is implied only if
2018, c. 16
Cannabis Act
35 Paragraph 23(2)(b) of the Cannabis Act is re-
placed by the following:
(b) in respect of broadcasting, as defined in subsec-
tion 2(1) of the Broadcasting Act, by
(i) 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 insert-
ed by the undertaking, or
(ii) an online undertaking, as defined in that sub-
section 2(1), that is lawful under that Act, in respect
of the retransmission of programs over the Inter-
net, other than the broadcasting of a promotion
that is inserted by the undertaking; and
Consequential Amendments
R.S., c. A-1
Access to Information Act
36 Schedule II to the Access to Information Act
is amended by adding, in alphabetical order, a
reference to
Broadcasting Act
Loi sur la radiodiffusion
and a corresponding reference to “subsection
25.3(2)”.
2021-2022-2023
Chapter 8: Online Streaming Act
Related Amendments
An Act to promote the efficiency and adaptability of the Canadian economy by regulating
certain activities that discourage reliance on electronic means of carrying out commercial
activities, and to amend the Canadian Radio-television and Telecommunications
Commission Act, the Competition Act, the Personal Information Protection and Electronic
Documents Act and the Telecommunications Act
Sections 33-36

Page 49 
R.S., c. C-22
Canadian Radio-television and
Telecommunications Commission Act
2019, c. 10, s. 147
37 Subsection 13(2) of the Canadian Radio-
television and Telecommunications Commission
Act is amended by striking out “and” at the end
of paragraph (c) and by adding the following af-
ter paragraph (d):
(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.
R.S., c. C-42
Copyright Act
1997, c. 24, s. 18(1); 2012, c. 20, s. 33
38 Subsection 30.8(11) of the Copyright Act is re-
placed by the following:
Definition of programming undertaking
(11) In this section, programming undertaking means
(a) a programming undertaking, as defined in sub-
section 2(1) of the Broadcasting Act, that is carried on
lawfully under that Act;
(b) a programming undertaking described in para-
graph (a) that originates programs within a network,
as defined in subsection 2(1) of the Broadcasting Act;
or
(c) a distribution undertaking, as defined in subsec-
tion 2(1) of the Broadcasting Act, that is carried on
lawfully under that Act, in respect of the programs
that it originates.
For greater certainty, it does not include an online un-
dertaking, as defined in subsection 2(1) of the Broad-
casting Act.
2021-2022-2023
Chapter 8: Online Streaming Act
Consequential Amendments
Canadian Radio-television and Telecommunications Commission Act
Sections 37-38

Page 50 
1997, c. 24, s. 18(1)
39 Subsection 30.9(7) of the Act is replaced by the
following:
Definition of broadcasting undertaking
(7) In this section, broadcasting undertaking means a
broadcasting undertaking, as defined in subsection 2(1)
of the Broadcasting Act, that holds a broadcasting li-
cence issued by the Canadian Radio-television and
Telecommunications Commission under that Act. For
greater certainty, it does not include an online undertak-
ing, as defined in that subsection 2(1).
2002, c. 26, s. 2(2)
40 (1) The definition new media retransmitter in
subsection 31(1) of the Act is replaced by the fol-
lowing:
new media retransmitter means a person whose re-
transmission would be lawful under the Broadcasting
Act — as that Act read immediately before the day on
which section 31.1 of that Act comes into force — only by
reason of the Exemption order for digital media broad-
casting undertakings, issued by the Canadian Radio-
television and Telecommunications Commission as the
appendix to Broadcasting Order CRTC 2012-409, as it
read immediately before that day; (retransmetteur de
nouveaux médias)
(2) The definition new media retransmitter in sub-
section 31(1) of the Act is repealed.
2002, c. 26, s. 2(1)
(3) The definition retransmitter in subsection 31(1)
of the Act is replaced by the following:
retransmitter has the meaning assigned by the regula-
tions; (retransmetteur)
2002, c. 26, s. 2(3)
(4) Paragraph 31(3)(a) of the Act is replaced by
the following:
(a) defining “retransmitter” for the purposes of this
section;
(a.1) defining “local signal” and “distant signal” for
the purposes of subsection (2); and
2021-2022-2023
Chapter 8: Online Streaming Act
Consequential Amendments
Copyright Act
Sections 39-40

Page 51 
1992, c. 30
Referendum Act
41 The portion of subsection 21(1) of the Refer-
endum Act after paragraph (c) is replaced by the
following:
shall, subject to the regulations made pursuant to that
Act and to the conditions imposed on it under section 9.1
of that Act, make available, at no cost, to registered refer-
endum 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.
42 Subsection 24(2) of the Act is replaced by the
following:
Free time not commercial time
(2) Despite subsection 21(1), the Broadcasting Act, any
regulations made under that Act and any conditions im-
posed on a network operator under section 9.1 of that
Act, free broadcasting time shall not be considered to be
commercial time.
2000, c. 9
Canada Elections Act
2001, c. 21, s. 17
43 Subsection 335(1) of the Canada Elections Act
is replaced by the following:
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 imposed on it under section 9.1 of that Act,
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 dur-
ing prime time on its facilities.
44 Subsection 339(3) of the Act is replaced by the
following:
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 re-
ferred to in that section, every broadcaster shall, subject
to the regulations made under the Broadcasting Act and
to the conditions imposed on it under section 9.1 of that
Act, make available, for purchase by every eligible party
2021-2022-2023
Chapter 8: Online Streaming Act
Consequential Amendments
Referendum Act
Sections 41-44

Page 52 
entitled to broadcasting time under this section, broad-
casting time in the amount determined under this section
for the eligible party for the transmission of political an-
nouncements and other programming produced by or on
behalf of the eligible party during prime time on that
broadcaster’s facilities.
2001, c. 21, s. 18
45 The portion of subsection 345(1) of the Act be-
fore paragraph (a) is replaced by the following:
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 opera-
tor shall, subject to the regulations made under the
Broadcasting Act and to the conditions imposed on it
under section 9.1 of that Act, make available, at no cost,
to the registered parties and eligible parties referred to in
subsection (2), for the transmission of political an-
nouncements and other programming produced by or on
behalf of those parties, broadcasting time as determined
under that subsection if the network formed and operat-
ed by the network operator
2019, c. 10
Accessible Canada Act
46 Paragraph 42(1)(b) of the Accessible Canada
Act is replaced by the following:
(b) the conditions imposed on the regulated entity un-
der section 9.1 of the Broadcasting Act that relate to
the identification and removal of barriers and the pre-
vention of new barriers;
47 Paragraph 118(3)(a) of the Act is replaced by
the following:
(a) a condition imposed under section 9.1 of the
Broadcasting Act;
Transitional Provisions
Definitions
48 (1) The following definitions apply in this sec-
tion and sections 49 to 52.
new Act means the Broadcasting Act as it reads
as of the royal assent day. (nouvelle loi)
2021-2022-2023
Chapter 8: Online Streaming Act
Consequential Amendments
Canada Elections Act
Sections 44-48

Page 53 
old Act means the Broadcasting Act as it read
immediately before the royal assent day. (an-
cienne loi)
royal assent day means the day on which this Act
receives royal assent. (date de sanction)
Words and expressions
(2) Unless otherwise provided, words and ex-
pressions used in sections 49 to 52 have the same
meanings as in the Broadcasting Act.
Conditions and requirements — deemed order
49 (1) Each of the following is deemed to be a
condition imposed under an order, made under
section 9.1 of the new Act, that applies only with
respect to a particular licensee:
(a) a condition of their licence imposed under
section 9 of the old Act that, as of the royal as-
sent day, could not be made the subject of an
order under subsection 11.1(2) of the new Act;
(b) a requirement imposed on the licensee un-
der any of paragraphs 9(1)(f) to (h) of the old
Act.
Regulations — deemed order
(2) Any 
regulation 
made 
under 
paragraph
10(1)(a) or 10(1)(i) of the old Act is deemed to be
an order made under section 9.1 of the new Act.
Expenditures — deemed regulations
50 (1) The following are deemed to be regula-
tions made under subsection 11.1(1) of the new
Act:
(a) any terms and conditions imposed under
an order made under subsection 9(4) of the old
Act that, as of the royal assent day, could be
the subject of such regulations; and
(b) any regulations made under subsection
10(1) of the old Act that, as of the royal assent
day, could be made under subsection 11.1(1) of
the new Act.
Expenditures — deemed order
(2) Any condition of a licensee’s licence that, as
of the royal assent day, could be made the subject
of an order under subsection 11.1(2) of the new
2021-2022-2023
Chapter 8: Online Streaming Act
Transitional Provisions
Sections 48-50

Page 54 
Act is deemed to be a provision of such an order
that applies only with respect to the licensee.
Section 28
51 (1) Section 28 of the old Act continues to apply
with respect to any decision of the Commission
to issue, amend or renew a licence that is made
before the royal assent day.
Interim licences
(2) A person is not permitted to make a petition
— and the Governor in Council is not permitted
to make an order — under subsection 28(1) of the
new Act with respect to a decision to renew a li-
cence made by the Commission during the tran-
sition period if the Commission specifies, in re-
newing that licence, that it is an interim licence
and if its term is for no more than one year.
Definition of transition period
(3) In subsection (2), transition period means the
period beginning on the royal assent day and
ending on the second anniversary of that day.
Validation of expenditures
52 (1) The expenditures described in subsection
(2) are deemed to have been validly required by
the Commission under the old Act.
Expenditures
(2) Subsection (1) applies with respect to the ex-
penditures — including, for greater certainty, the
contributions — that were made by a broadcast-
ing undertaking before the royal assent day un-
der
(a) a condition of a licence issued under the
old Act;
(b) a term or condition of an order made un-
der subsection 9(4) of that Act; or
(c) regulations made under section 10 of that
Act.
Review
Review of Act
53 (1) During the fifth year after the day on
which this Act receives royal assent, and during
the fifth year after a report is submitted under
subsection (2), a comprehensive review of the
2021-2022-2023
Chapter 8: Online Streaming Act
Transitional Provisions
Sections 50-53

Page 55 
amendments to the Broadcasting Act that are
made by this Act and of their operation must be
undertaken by the committee of the Senate, of
the House of Commons or of both Houses of Par-
liament that is designated or established for that
purpose.
Report
(2) The committee must, within one year after
the review is undertaken — or within any further
period that the Senate, the House of Commons or
both Houses of Parliament, as the case may be,
authorizes — submit a report on the review to the
appropriate House or, in the case of a committee
of both Houses, to each House, that includes a
statement of any changes that the committee rec-
ommends.
Coming into Force
Order in council
54 Subsections 40(2) to (4) come into force on a
day to be fixed by order of the Governor in Coun-
cil.
Published under authority of the Speaker of the House of Commons
2021-2022-2023
Chapter 8: Online Streaming Act
Review
Sections 53-54

Page 56 
Available on the House of Commons website
Disponible sur le site Web de la Chambre des com