Government of Canada / Gouvernement du Canada
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Copyright Act

Version of section 31 from 2003-03-21 to 2023-04-26:

Marginal note:Interpretation

  •  (1) In this section,

    new media retransmitter

    new media retransmitter means a person whose retransmission is lawful under the Broadcasting Act only by reason of the Exemption Order for New Media Broadcasting Undertakings issued by the Canadian Radio-television and Telecommunications Commission as Appendix A to Public Notice CRTC 1999-197, as amended from time to time; (retransmetteur de nouveaux médias)


    retransmitter means a person who performs a function comparable to that of a cable retransmission system, but does not include a new media retransmitter; (retransmetteur)


    signal means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station. (signal)

  • Marginal note:Retransmission of local and distant signals

    (2) It is not an infringement of copyright for a retransmitter to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if

    • (a) the communication is a retransmission of a local or distant signal;

    • (b) the retransmission is lawful under the Broadcasting Act;

    • (c) the signal is retransmitted simultaneously and without alteration, except as otherwise required or permitted by or under the laws of Canada;

    • (d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act; and

    • (e) the retransmitter complies with the applicable conditions, if any, referred to in paragraph (3)(b).

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations

    • (a) defining “local signal” and “distant signal” for the purposes of subsection (2); and

    • (b) prescribing conditions for the purposes of paragraph (2)(e), and specifying whether any such condition applies to all retransmitters or only to a class of retransmitter.

  • R.S., 1985, c. C-42, s. 31
  • R.S., 1985, c. 10 (4th Supp.), s. 7
  • 1988, c. 65, s. 63
  • 1997, c. 24, ss. 16, 52(F)
  • 2002, c. 26, s. 2

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