Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Notice of hearing

19 The Commission shall cause notice of

• (a) any application received by it for the issue, amendment or renewal of a licence, other than a licence to carry on a temporary network operation,

• (b) any decision made by it to issue, amend or renew a licence, and

• (c) any public hearing to be held by it under section 18

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 application, decision or matter to which the public hearing relates.

Marginal note:Panels of Commission

• 20 (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Powers

  (2) A panel that is established under subsection (1) has and may exercise all the powers and may perform all the duties and functions of the Commission in relation to any matter before the panel.

• Marginal note:Decision

  (3) A decision of a majority of the members of a panel established under subsection (1) is a decision of the panel.

• Marginal note: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 broadcasting 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.

Marginal note:Rules

21 The Commission may make rules

• (a) respecting the procedure for making applications for licences, or for the amendment, renewal, suspension or revocation thereof, and for making representations and complaints to the Commission; and

• (b) respecting the conduct of hearings and generally respecting the conduct of the business of the Commission in relation to those hearings.

Licences

Marginal note:Conditions governing issue, amendment and renewal

• 22 (1) No licence shall be issued, amended or renewed under this Part

  • (a) if the issue, amendment or renewal of the licence is in contravention of a direction to the Commission issued by the Governor in Council under subsection 26(1); and

  • (b) subject to subsection (2), unless the Minister of Industry certifies to the Commission that the applicant for the issue, amendment or renewal of the licence

    • (i) has satisfied the requirements of the Radiocommunication Act and the regulations made under that Act, and

    • (ii) has been or will be issued a broadcasting certificate with respect to the radio apparatus that the applicant would be entitled to operate under the licence.

• Marginal note:Exception

  (2) The requirement set out in paragraph (1)(b) does not apply in respect of radio apparatus, or any class thereof, prescribed under paragraph 6(1)(m) of the Radiocommunication Act.

• Marginal note:Suspension or revocation of broadcasting certificate

  (3) No licence is of any force or effect during any period when the broadcasting certificate issued under the Radiocommunication Act with respect to the radio apparatus that the holder of the licence is entitled to operate under that Act is suspended or revoked.

• Marginal note:Issue, etc., contravening this section

  (4) Any licence issued, amended or renewed in contravention of this section is of no force or effect.

Marginal note:Consultation between Commission and Corporation

• 23 (1) The Commission shall, at the request of the Corporation, consult with the Corporation with regard to any conditions that the Commission proposes to impose under 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 Corporation.

• Marginal note: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 contemplated 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, regulation or order to the Minister for consideration.

• Marginal note: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 Commission a written directive with respect to the condition, regulation or order and the Commission shall comply with any such directive issued by the Minister.

• Marginal note:Consultation

  (4) The Minister shall consult with the Commission and with the Corporation before issuing a directive under subsection (3).

• Marginal note:Publication and tabling of directive

  (5) A directive issued by the Minister under subsection (3) shall be published forthwith in the Canada Gazette and shall be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued.

Marginal note:Conditions governing suspension and revocation

• 24 (1) No licence shall be suspended or revoked under this Part unless the licensee applies for or consents to the suspension or revocation or, in any other case, unless, after a public hearing in accordance with section 18, the Commission is satisfied that

  • (a) the licensee has contravened any order made under subsection 9.1(1), 11.1(2) or 12(2) or any regulation made under this Part; or

  • (b) the licence was, at any time within the two years immediately preceding the date of publication in the Canada Gazette of the notice of the public hearing, held by a person to whom the licence could not have been issued at that time by virtue of a direction to the Commission issued by the Governor in Council under this Act.

• Marginal note:Licences of Corporation

  (2) No licence issued to the Corporation that is referred to in the schedule may be suspended or revoked under this Part except on application of or with the consent of the Corporation.

• Marginal note:Publication of decision

  (3) A copy of a decision of the Commission relating to the suspension or revocation of a licence, together with written reasons for the decision, shall, forthwith after the making of the decision, be forwarded by prepaid registered mail to all persons who were heard at or made any oral representations in connection with the hearing held under subsection (1), and a summary of the decision and of the reasons for the decision shall, at the same time, 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 decision.

Marginal note:Report of contravention by Corporation

• 25 (1) If the Commission is satisfied, after a public hearing 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 recommendations of the Commission in connection with the contravention.

• 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 fifteen days on which that House is sitting after the report is received by the Minister.

Provision of Information by Commission

Marginal note:Minister or Chief Statistician

25.1 The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission in respect of a broadcasting undertaking.

Marginal note:Access to information

25.2 Subject to section 25.3, the Commission shall proactively make available for public inspection any information submitted to the Commission in the course of proceedings before it.

Marginal note:Confidential information

• 25.3 (1) A person who submits any of the following information to the Commission may designate it as confidential:

  • (a) information that is a trade secret;

  • (b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or

  • (c) information the disclosure of which could reasonably 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.

• Marginal note:Information not to be disclosed

  (2) Subject to subsections (4), (5) and (7), if a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, 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 benefit from the information or use it to the detriment of any person to whose business or affairs the information relates.

• Marginal note:Persons who shall not disclose information

  (3) Subsection (2) applies to any person referred to in any of the following paragraphs who comes into 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 Commission;

  • (b) in respect of information disclosed under paragraph (4)(b) or (5)(b), the Commissioner of Competition 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.

• Marginal note: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 disclosure is in the public interest; and

  • (b) disclose the information or require its disclosure to the Commissioner of Competition on the Commissioner’s request if the Commission determines that the information is relevant to competition issues being considered in the proceedings.

• Marginal note:Disclosure of other information

  (5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may, while protecting the privacy of Canadians,

  • (a) disclose the information or require its disclosure if, after considering any representations from interested persons, the Commission considers that the information is relevant to a matter arising in the exercise of its powers or the performance of its duties and functions and determines that the disclosure is in the public interest; and

  • (b) disclose the information or require its disclosure to the Commissioner of Competition, on the Commissioner’s request, if the Commission considers that the information is relevant to competition issues that are related to such a matter.

• Marginal note:Information disclosed to Commissioner of Competition

  (6) Neither the Commissioner of Competition nor any person whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act shall use information that is disclosed

  • (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).

• Marginal note:Information inadmissible

  (7) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings 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 information.