Bill C-540: An Act to amend the Broadcasting Act and the Telecommunications Act (broadcasting and telecommunications policies)

C-540 Second Session, Thirty-ninth Parliament, 56-57 Elizabeth II, 2007-2008 HOUSE OF COMMONS OF CANADA BILL C-540 An Act to amend the Broadcasting Act and the Telecommunications Act (broadcasting and telecommunications policies) first reading, May 1, 2008 Mr. Laforest 392138 SUMMARY This enactment amends the Broadcasting Act and the Telecommunications Act so that the Québécois national identity is reflected in the Canadian broadcasting and telecommunications policies. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 2nd Session, 39th Parliament, 56-57 Elizabeth II, 2007-2008 house of commons of canada BILL C-540 An Act to amend the Broadcasting Act and the Telecommunications Act (broadcasting and telecommunications policies) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1991, c. 11 BROADCASTING ACT 1. (1) Paragraph 3(1)(b) of the Broadcasting Act is replaced by the following: (b) the Canadian broadcasting system, operating primarily in the English and French languages and comprising public, private and community elements, makes use of radio frequencies that are public property and provides, through its programming, a public service essential to the maintenance and enhancement of Canada’s and Quebec’s national identities and of cultural sovereignty; (2) Subparagraph 3(1)(d)(i) of the Act is replaced by the following: (i) serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada and, in Quebec, of the Québécois nation, (3) Paragraph 3(1)(d) of the Act is amended by striking out the word “and” at the end of subparagraph (iii) and by adding the following after paragraph (iii): (iii.1) in Quebec, through its programming and the employment opportunities arising out of its operations, serve the needs and interests, and reflect the circumstances and aspirations, of Quebec men, women and children, including the cultural diversity and distinct character of Quebec society, its values, history, culture and language and the special place of aboriginal peoples within that society and equal rights, and (4) Subparagraph 3(1)(m)(vi) of the Act is replaced by the following: (vi) contribute to shared national consciousness and identity and, in Quebec, to the Québécois national identity, (5) Subparagraph 3(1)(m)(viii) of the Act is replaced by the following: (viii) reflect the multicultural and multiracial nature of Canada and, in Quebec, of the Québécois national identity; (6) Subparagraph 3(1)(r)(iii) of the Act is replaced by the following: (iii) reflect Canada’s regions and multicul- tural nature and, in Quebec, the Québécois national identity, (7) Subsection 3(2) of the Act is replaced by the following: Further declaration (2) It is further declared that the Canadian broadcasting system constitutes a single system and that the objectives of the broadcasting policy set out in subsection (1) can best be achieved by providing for the regulation and supervision of the Canadian broadcasting system by an independent public authority. Delegation by Governor in Council (2.1) Despite subsection (2), the Governor in Council may delegate to any province that requests it authority to provide for the regulation and supervision of the broadcasting system within its boundaries in order that it may entrust them to a provincial public authority. Compliance (2.2) The province with delegated authority shall comply with the Canadian broadcasting policy. 1993, c. 38 TELECOMMUNICATIONS ACT 2. Section 8 of the Telecommunications Act is replaced by the following: Directions 8. Subject to section 8.1, the Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to the Canadian telecommunications policy objectives. Delegation by the Governor in Council 8.1 (1) The Governor in Council may delegate to any province that requests it authority to provide for the regulation and supervision of the telecommunications facilities within its boundaries in order that it may entrust them to a provincial public authority. Compliance (2) The province with delegated authority shall comply with the Canadian telecommunications policy objectives and shall not be subject to the decisions of the Commission. Consultation with province (3) Any direction from the Governor in Council relating to a province regulating the telecommunications facilities must be submitted to the government of that province for consultation. 3. Subsection 9(1) of the Act is replaced by the following: Exemption 9. (1) Except with respect to a province with delegated authority to regulate the telecommunications facilities, the Commission may, by order, exempt any class of Canadian carriers from the application of this Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada