Online Streaming Act (S.C. 2023, c. 8)
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Assented to 2023-04-27
1991, c. 11Broadcasting Act (continued)
28 (1) Paragraphs 38(1)(a) to (c) of the Act are replaced by the following:
(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.
(2) Section 38 of the Act is amended by adding the following after subsection (2):
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).
29 (1) The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:
Marginal note: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 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 broadcasting undertakings for the broadcasting of programs;
(3) Subsections 46(2) and (3) of the Act are replaced by the following:
Marginal note:International service
(2) The Corporation shall, subject to any applicable orders and regulations of the Commission, provide an international 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 issue.
Marginal note:Power to act as agent
(3) The Corporation may, subject to any applicable orders and regulations of the Commission, act as an agent of Her Majesty in right of Canada, or as an agent or mandatary 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:
Marginal note:Règlements administratifs
51 (1) Le conseil d’administration peut prendre des règlements 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 délégation 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 Société et, d’autre part, les conditions d’emploi et les modalités de cessation d’emploi de celui-ci, y compris le paiement à titre individuel ou collectif, de toute gratification — 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 cotisations de celle-ci à cette caisse et le placement de ses fonds;
f) d’une façon générale, régissant la conduite des activités de la Société.
Related Amendments
1992, c. 33Status 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, undertakings or businesses, as defined in section 2 of the Canada Labour Code, or that are corporations established to perform any function or duty on behalf of the Government of Canada;
2010, c. 23An 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 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 is replaced by the following:
Marginal note:Broadcasting excluded
5 This Act does not apply in respect of broadcasting by a broadcasting undertaking, other than an online undertaking, 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):
Marginal note:Exception
(7.1) This section does not apply to a commercial electronic 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 expressly or implicitly consented to the transmission of a program, as defined in that subsection, from that online undertaking to an electronic address; and
(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 before paragraph (a) is replaced by the following:
Marginal note:Implied consent — section 6
(9) For the purpose of section 6, except subsection 6(7.1), consent is implied only if
2018, c. 16Cannabis Act
35 Paragraph 23(2)(b) of the Cannabis Act is replaced by the following:
(b) in respect of broadcasting, as defined in subsection 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 inserted by the undertaking, or
(ii) an online undertaking, as defined in that subsection 2(1), that is lawful under that Act, in respect of the retransmission of programs over the Internet, 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)”.
R.S., c. C-22Canadian Radio-television and Telecommunications Commission Act
Marginal note:2019, c. 10, s. 147
37 Subsection 13(2) of the Canadian Radiotelevision and Telecommunications Commission Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after 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-42Copyright Act
Marginal note:1997, c. 24, s. 18(1); 2012, c. 20, s. 33
38 Subsection 30.8(11) of the Copyright Act is replaced by the following:
Marginal note:Definition of programming undertaking
(11) In this section, programming undertaking means
(a) a programming undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act;
(b) a programming undertaking described in paragraph (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 subsection 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 undertaking, as defined in subsection 2(1) of the Broadcasting Act.
Marginal note:1997, c. 24, s. 18(1)
39 Subsection 30.9(7) of the Act is replaced by the following:
Marginal note: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 licence issued by the Canadian Radio-television and Telecommunications Commission under that Act. For greater certainty, it does not include an online undertaking, as defined in that subsection 2(1).
Marginal note:2002, c. 26, s. 2(2)
40 (1) The definition new media retransmitter in subsection 31(1) of the Act is replaced by the following:
- new media retransmitter
new media retransmitter means a person whose retransmission 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 broadcasting 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 subsection 31(1) of the Act is repealed.
Marginal note:2002, c. 26, s. 2(1)
(3) The definition retransmitter in subsection 31(1) of the Act is replaced by the following:
- retransmitter
retransmitter has the meaning assigned by the regulations; (retransmetteur)
Marginal note: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
1992, c. 30Referendum Act
41 The portion of subsection 21(1) of the Referendum 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 referendum 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.
- Date modified: