An Act to establish the Canadian Radio-television and Telecommunications CommissionCanadian Radio-television and Telecommunications Commission ActCanadian Radio-television and Telecommunications Commission201301
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C-22SHORT TITLEShort titleThis Act may be cited as the Canadian Radio-television and Telecommunications Commission Act.
1974-75-76, c. 49, s. 1.
INTERPRETATIONDefinitionsIn this Act,broadcastingradiodiffusionbroadcasting has the same meaning as in the Broadcasting Act;Chairman[Repealed, 2001, c. 34, s. 30]ChairpersonprésidentChairperson means the Chairperson of the Commission designated by the Governor in Council under subsection 6(1);CommissionConseilCommission means the Canadian Radio-television and Telecommunications Commission;Executive Committee[Repealed, 1991, c. 11, s. 75]memberconseillermember means a member of the Commission;MinisterministreMinister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;radiocommunication[Repealed, 1991, c. 11, s. 75]telecommunication[Repealed, 1993, c. 38, s. 83]telecommunications undertakingentreprise de télécommunicationstelecommunications undertaking means an undertaking in the field of telecommunication that is carried on in whole or in part within Canada or on a ship or aircraft registered in Canada;Vice-Chairman[Repealed, 2001, c. 34, s. 30]Vice-Chairpersonvice-présidentVice-Chairperson means any Vice-Chairperson of the Commission designated by the Governor in Council under subsection 6(1).
R.S., 1985, c. C-22, s. 2;
1991, c. 11, s. 75;
1993, c. 38, s. 83;
1995, c. 11, s. 43;
2001, c. 34, s. 30(E);
2010, c. 12, s. 1700.
Previous VersionESTABLISHMENT AND CONSTITUTION OF COMMISSIONCommission establishedThere is established a commission, to be known as the Canadian Radio-television and Telecommunications Commission, consisting of not more than 13 members, to be appointed by the Governor in Council.TenureA member shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed at any time by the Governor in Council for cause.Re-appointmentSubject to section 5, a member is eligible for re-appointment.
R.S., 1985, c. C-22, s. 3;
1991, c. 11, s. 76;
2010, c. 12, s. 1701.
Previous VersionDuties of membersA member shall devote the whole of his or her time to the performance of his or her duties under this Act.
R.S., 1985, c. C-22, s. 4;
2010, c. 12, s. 1702.
Previous VersionDisqualificationsA person is not eligible to be appointed or to continue as a member of the Commission if the person is not a Canadian citizen ordinarily resident in Canada or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the personis engaged in a telecommunications undertaking; orhas any pecuniary or proprietary interest ina telecommunications undertaking, orthe manufacture or distribution of telecommunication apparatus, except where the distribution is incidental to the general merchandising of goods by wholesale or retail.Disposal of interestA member in whom any interest prohibited by subsection (1) vests by will or succession for the member’s own benefit shall, within three months thereafter, absolutely dispose of that interest.
1974-75-76, c. 49, s. 5.
CHAIRPERSON AND VICE-CHAIRPERSONSChairperson and Vice-ChairpersonsThe Governor in Council shall designate one of the members to be Chairperson of the Commission and two of the members to be Vice-Chairpersons of the Commission.Chairperson chief executive officerThe Chairperson is the chief executive officer of the Commission, has supervision over and direction of the work and staff of the Commission and shall preside at meetings of the Commission.Chairperson’s absence, incapacity or office vacantIn the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Commission may authorize one of the Vice-Chairpersons to exercise the powers and to perform the duties and functions of the Chairperson.Acting ChairpersonThe Commission may authorize one or more of its members to act as Chairperson if the Chairperson and both Vice-Chairpersons are absent or unable to act or if the office of Chairperson and each office of Vice-Chairperson are vacant.
R.S., 1985, c. C-22, s. 6;
2001, c. 34, s. 31(E);
2010, c. 12, s. 1703.
Previous VersionREMUNERATIONSalaries and feesEach member shall be paid a salary to be fixed by the Governor in Council.ExpensesEach member is entitled to be paid such travel and living expenses incurred in the performance of his duties as are fixed by by-law of the Commission.
R.S., 1985, c. C-22, s. 7;
2001, c. 34, s. 31(E);
2010, c. 12, s. 1704.
Previous VersionSTAFFAppointmentThe officers and employees necessary for the proper conduct of the Commission’s business shall be appointed in accordance with the Public Service Employment Act.
R.S., 1985, c. C-22, s. 8;
1993, c. 38, s. 84.
SUPERANNUATIONMembers’ superannuationThe members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act.CompensationFor the purposes of any regulations made under section 9 of the Aeronautics Act, the members of the Commission are deemed to be persons employed in the federal public administration.
R.S., 1985, c. C-22, s. 9;
2003, c. 22, ss. 224(E), 225(E);
2010, c. 12, s. 1705.
Previous VersionOFFICES, MEETINGS AND RESIDENCEHead officeThe head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act or at such other place within Canada as may be designated by the Governor in Council.Regional officesThe Governor in Council may direct the Commission to establish an office of the Commission in any region of Canada and the Commission shall comply with any such direction.MeetingsThe Commission shall meet at least six times in each year.QuorumA majority of the members in office constitute a quorum of the Commission.Telephone conferencesA member may, subject to the by-laws of the Commission, participate in a meeting of the Commission or a committee of the Commission by means of such telephone or other communication facilities as permit all persons participating in the meeting to hear each other, and a member who participates in such a meeting by those means is deemed for the purposes of this Act to be present at the meeting.
R.S., 1985, c. C-22, s. 10;
1991, c. 11, s. 78;
2010, c. 12, s. 1706.
Previous VersionResidence of membersSubject to subsection (2), the members of the Commission shall reside in the National Capital Region as described in the schedule to the National Capital Act or within any distance of it that may be determined by the Governor in Council.Residence of members — regional officeIf a regional office of the Commission is established under subsection 10(1.1), a member of the Commission who is designated for that region by the Governor in Council shall reside in that region and within any distance of that regional office that may be determined by the Governor in Council.
1991, c. 11, s. 79;
2010, c. 12, s. 1707.
Previous VersionBY-LAWSBy-laws of CommissionThe Commission may make by-lawsrespecting the calling of meetings of the Commission;respecting the conduct of business at meetings of the Commission, the establishment of special and standing committees of the Commission, the delegation of duties to those committees and the fixing of quorums for meetings thereof; andfixing the travel and living expenses to be paid to members.By-law subject to Minister’s approvalNo by-law made under paragraph (1)(c) has any effect unless it has been approved by the Minister.
R.S., 1985, c. C-22, s. 11;
2001, c. 34, s. 31(E);
2010, c. 12, s. 1708.
Previous VersionOBJECTS, POWERS, DUTIES AND FUNCTIONSIn relation to broadcastingThe objects and powers of the Commission in relation to broadcasting are as set out in the Broadcasting Act.TelecommunicationsThe members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or by any special Act within the meaning of that Act.By-lawsThe members of the Commission may make by-lawsrespecting the establishment of special and standing committees of the members, the delegation of the powers, duties and functions of the members to those committees and the fixing of quorums for meetings of those committees; andproviding that any act or thing done by those committees in the exercise of the powers or the performance of the duties and functions delegated to it are deemed to be an act or thing done by the members.
R.S., 1985, c. C-22, s. 12;
1991, c. 11, s. 80;
1993, c. 38, s. 85;
2001, c. 34, s. 31(E);
2010, c. 12, s. 1709.
Previous VersionAnnual reportThe Commission shall, within three months after the end of each fiscal year, submit to the Minister a report, in such form as the Minister may direct, on the activities of the Commission for that fiscal year, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.
R.S., 1985, c. C-22, s. 13;
1991, c. 11, s. 80.
[Repealed, 1991, c. 11, s. 80]RELATED PROVISIONS
— 1991, c. 11, s. 91Full-time members of CommissionEvery person holding office as Chairman, Vice-Chairman or full-time member of the Commission immediately before the coming into force of section 76 shall continue in office and be deemed to have been appointed under section 3 of the Canadian Radio-television and Telecommunications Commission Act, as amended by this Act, to hold office for the remainder of the term for which the person had been appointed before the coming into force of section 76.Part-time members of CommissionThe part-time members of the Commission holding office immediately before the coming into force of section 76 shall cease to hold office on the coming into force of that section.AMENDMENTS NOT IN FORCE
— 2010, c. 23, s. 691993, c. 38, s. 85; 2001, c. 34, s. 31(E)Subsection 12(2) of the Canadian Radio-television and Telecommunications Commission Act is replaced by the following:TelecommunicationsThe full-time members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or any special Act, as defined in subsection 2(1) of that Act, or by 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.