Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Information may be made public

34.98 The Commission may make public

• (a) the name of a person who enters into an undertaking under section 34.9, the nature of the undertaking including the acts or omissions and provisions at issue, the conditions included in the undertaking and the amount payable under it, if any; or

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

Marginal note:Special case concerning the Corporation — public hearing

• 34.99 (1) Despite subsections 34.6(1) and 34.92(2) and (3), the Commission shall not impose a penalty under any of those subsections on the Corporation for a violation other than the one referred to in paragraph 34.4(1)(h) without holding a public hearing on the matter.

• Marginal note: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.

• Marginal note:Notice of hearing

  (3) The Commission shall cause notice of any public hearing to be held by it under subsection (1) to be published in the Canada Gazette and in one or more newspapers of general circulation within any area affected or likely to be affected by the matter to which the public hearing relates.

• Marginal note:Powers respecting hearings

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

• Marginal note:For greater certainty

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

Marginal note: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 violation, the findings of the Commission, the amount of any penalty imposed, and any observations or recommendations of the Commission in connection with the violation.

• Marginal note:Report to be tabled

  (2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.

Marginal note:Violation or offence

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

• Marginal note:For greater certainty

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

Marginal note:Receiver General

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

Marginal note:Debt due to Her Majesty

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

  • (a) the amount of the penalty imposed by the Commission in a decision made in the course of a proceeding before it under this Act in which it finds that a violation referred to in section 34.4 has been committed;

  • (b) the amount payable under an undertaking entered into under section 34.9, beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is accepted;

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

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

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

• Marginal note:Limitation period or prescription

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

• Marginal note:Certificate of default

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

• Marginal note:Effect of registration

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

Marginal note:Regulations

34.995 The Governor in Council may make regulations

• (a) providing for exceptions to any of paragraphs 34.4(1)(a) to (h);

• (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), establishing 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 provisions of this Part.

PART II.3Submission of Information

Marginal note:Information requirement

34.996 A person designated under paragraph 34.7(a) who believes that a person is in possession of information that is reasonably considered to be relevant for the purpose of verifying whether a violation referred to in section 34.4 has been committed may, by notice, require that person to submit the information to the designated person in the form and manner and within the reasonable time that is stipulated in the notice. A person to whom any such notice is addressed shall comply with the notice.

PART II.4Offence — Material Misrepresentation of Fact

Marginal note: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).

Marginal note:Offence

• 34.998 (1) Every person who contravenes section 34.997 is guilty of an offence punishable on summary conviction and is liable

  • (a) in the case of an individual, to a fine of not more than $10,000 for a first offence 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.

• Marginal note: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.

PART IIICanadian Broadcasting Corporation

Interpretation

Marginal note:Definitions

• 35 (1) In this Part,

  auditor

  auditor means the auditor of the Corporation; (vérificateur)

  Board

  Board means the Board of Directors of the Corporation; (conseil d’administration)

  Chairperson

  Chairperson means the Chairperson of the Board; (président du conseil)

  director

  director means a director of the Corporation; (administrateur)

  President

  President means the President of the Corporation; (président-directeur général)

  wholly-owned subsidiary

  wholly-owned subsidiary has the same meaning as in Part X of the Financial Administration Act. (filiale à cent pour cent)

• Marginal note:Interpretation

  (2) This Part shall be interpreted and applied so as to protect and enhance the freedom of expression and the journalistic, creative and programming independence enjoyed by the Corporation in the pursuit of its objects and in the exercise of its powers.

Continuation of Corporation

Marginal note:Corporation continued

• 36 (1) The corporation known as the Canadian Broadcasting Corporation is hereby continued and shall consist of those directors who from time to time compose the Board.

• Marginal note:Board of Directors

  (2) There shall be a Board of Directors of the Corporation consisting of twelve directors, including the Chairperson and the President, to be appointed by the Governor in Council.

• Marginal note:Tenure

  (3) A director shall be appointed to hold office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause.

• Marginal note:Re-appointment

  (4) Subject to section 38, the Chairperson and the President are eligible for re-appointment on the expiration of any term of office but any other director who has served two consecutive terms is not, during the twelve months following the completion of the second term, eligible for appointment, except as Chairperson or President.

• Marginal note:Continuation in office

  (5) Notwithstanding subsections (3) and (4), if a director is not appointed to take office on the expiration of the term of office of an incumbent director, the incumbent director continues in office until a successor is appointed.

Marginal note:Oath of office

37 Every director shall, before entering on the director’s duties, take and subscribe, before the Clerk of the Privy Council, an oath or solemn affirmation, which shall be filed in the office of the Clerk, in the following form:

I, , do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of . (Add, in the case where an oath is taken, “So help me God”.)

Marginal note:Outside interests of directors

• 38 (1) A person is not eligible to be appointed or to continue as a director if the person is not a Canadian citizen who is ordinarily resident in Canada or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person

  • (a) is engaged in the operation of a broadcasting undertaking 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 distribution of program material that is primarily intended for use by such a broadcasting undertaking.

• Marginal note:Disposing of interest

  (2) A director in whom any interest prohibited by subsection (1) vests by will or succession for the director’s own benefit shall, within three months thereafter, absolutely dispose of that interest.

• Marginal note: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).

Marginal note:Responsibility of directors

39 Subject to this Part, the Board is responsible for the management of the businesses, activities and other affairs of the Corporation.

Marginal note:Accountability of Corporation to Parliament

40 The Corporation is ultimately accountable, through the Minister, to Parliament for the conduct of its affairs.

Chairperson

Marginal note:Powers, duties and functions

• 41 (1) The Chairperson shall preside at meetings of the Board and may exercise such powers and shall perform such other duties and functions as are assigned to the Chairperson by the by-laws of the Corporation.

• Marginal note:Part-time

  (2) The Chairperson shall perform the duties and functions of the office on a part-time basis.

• Marginal note:Absence, incapacity or vacancy of office

  (3) If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the President shall act as Chairperson, and if both are absent or incapacitated or if both those offices are vacant, the Board may authorize a director to act as Chairperson, but no person so authorized by the Board has authority to act as Chairperson for a period exceeding sixty days without the approval of the Governor in Council.