Online Streaming Act (S.C. 2023, c. 8)
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Assented to 2023-04-27
1991, c. 11Broadcasting Act (continued)
4 The Act is amended by adding the following after section 4:
Marginal note: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 transmission over the Internet and reception by other users of the service.
Marginal note: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 section 4.2.
Marginal note:Non-application — social media service
(3) This Act does not apply in respect of online undertakings whose broadcasting consists only of programs in respect of which this Act does not apply under this section.
Marginal note: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.
Marginal note: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.
Marginal note:Matters
(2) In making regulations under subsection (1), the Commission shall consider the following matters:
(a) the extent to which a program, uploaded to an online 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 Commission 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.
Marginal note:Exclusion
(3) The regulations shall not prescribe a program
(a) in respect of which neither the user of a social media service who uploads the program nor the owner or licensee of copyright in the program receives revenues; 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 broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate — including the minority context of French in North America — and the specific needs and interests of official language minority communities in Canada and of Indigenous 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 creation and production industry, particularly with respect to employment in Canada and Canadian programming, 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 Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable 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 languages, including those created and produced by official language minority communities in Canada, as well as in Indigenous languages;
(e.1) facilitates the provision of programs that are accessible without barriers to persons with disabilities;
(e.2) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities;
(3) Subsection 5(2) of the Act is amended by striking 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 undertakings to which this Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).
6 The Act is amended by adding the following after section 5:
Marginal note:Official language minority communities
5.1 In regulating and supervising the Canadian broadcasting system and exercising its powers under this Act, the Commission shall enhance the vitality of official language minority communities in Canada and support and assist their development.
Marginal note:Consultation
5.2 (1) The Commission shall consult with official language minority communities in Canada when making decisions that could adversely affect them.
Marginal note:Objectives of consultations
(2) When engaging in consultations required by subsection (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;
(f) be prepared to alter those policies, decisions or initiatives; and
(g) provide the communities with feedback, both during the consultation process and after a decision has been made.
7 (1) Subsections 8(2) and (3) of the Act are replaced by the following:
Marginal note: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.
Marginal note:Implementation of proposal
(3) The Governor in Council may, after the period referred to in paragraph (2)(a) has ended and the proposed order has been laid before each House of Parliament, implement 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 replaced by the following:
(a) establish classes of licences other than for online undertakings;
(b) issue a licence, the term of which may be indefinite 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 indefinite or fixed by the Commission; and
(f) suspend or revoke a licence.
Marginal note:1994, c. 26, s. 10(F)
(2) Subsections 9(2) to (4) of the Act are replaced by the following:
Marginal note: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 satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).
Marginal note:Repeal or amendment
(5) The Commission shall repeal or amend an exemption order made under subsection (4) if the Commission considers 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 after section 9:
Marginal note:Conditions
9.1 (1) The Commission may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting
(a) the proportion of programs to be broadcast that shall be Canadian programs and the proportion of time that shall be devoted to the broadcasting of Canadian programs;
(b) the proportion of Canadian programs to be broadcast 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 programs and programming services, such as original French language programs;
(f) a requirement for a person carrying on a broadcasting undertaking, other than an online undertaking, to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier, as defined in the Telecommunications Act, for the distribution of programming directly to the public;
(g) a requirement for a person carrying on a distribution undertaking to give priority to the carriage of broadcasting;
(h) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services, specified by the Commission, that are provided by a broadcasting undertaking;
(i) a requirement, without terms or conditions, for a person carrying on an online undertaking that provides the programming services of other broadcasting undertakings in a manner that is similar to a distribution undertaking to carry programming services, specified by the Commission, that are provided by a broadcasting undertaking;
(j) terms and conditions of service in contracts between distribution undertakings and their subscribers;
(k) access by persons with disabilities to programming, including the identification, prevention and removal 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 carried on under a licence;
(n) the provision to the Commission, by licensees or persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to
(i) the ownership, governance and control of those licensees or exempt persons, and
(ii) the affiliation of those licensees or exempt persons with any affiliates carrying on broadcasting undertakings;
(o) the provision to the Commission, by persons carrying on broadcasting undertakings, of any other information that the Commission considers necessary for the administration of this Act, including
(i) financial or commercial information,
(ii) information related to programming,
(iii) information related to expenditures made under section 11.1, and
(iv) information related to audience measurement, other than information that could identify any individual audience member; and
(p) continued ownership and control by Canadians of Canadian broadcasting undertakings.
Marginal note:Application
(2) An order made under this section may be made applicable to all persons carrying on broadcasting undertakings, to all persons carrying on broadcasting undertakings of any class established by the Commission in the order or to a particular person carrying on a broadcasting undertaking.
Marginal note:Non-application
(3) The Statutory Instruments Act does not apply to orders made under this section.
Marginal note:Publication and representations
(4) A copy of each order that the Commission proposes to make under this section shall be published on the Commission’s website and a reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the proposed order.
Marginal note:Publication
(5) The Commission shall publish each order that is made under this section on its website.
Marginal note: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 programming control.
Marginal note:Canadian original French language programs
(7) In making an order under paragraph (1)(c), the Commission shall ensure that Canadian original French language programs represent a significant proportion of the original French language programs to be broadcast.
Marginal note:Restriction — computer algorithm or source code
(8) The Commission shall not make an order under paragraph (1)(e) that would require the use of a specific computer algorithm or source code.
Marginal note: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 programming services in good faith.
Marginal note:Facilitation
(10) The Commission may facilitate those negotiations at the request of either party to the negotiations.
- Date modified: