diff --git "a/task5_model_evaluation/data/C-11_4.txt" "b/task5_model_evaluation/data/C-11_4.txt" new file mode 100644--- /dev/null +++ "b/task5_model_evaluation/data/C-11_4.txt" @@ -0,0 +1,2548 @@ +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 +