Bill C-11: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Short Title Short title 1 This Act may be cited as the Online Streaming Act . 1991, c. 11 Broadcasting Act 2 (1) The definitions broadcasting , broadcasting undertaking , distribution undertaking , network and programming undertaking in subsection 2(1) of the Broadcasting Act are respectively replaced by the following: broadcasting  means any transmission of programs — regardless of whether the transmission is scheduled or on demand or whether the programs are encrypted or not — by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus, but does not include any such transmission of programs that is made solely for performance or display in a public place; ( radiodiffusion ) broadcasting undertaking  includes a distribution undertaking, an online undertaking, a programming undertaking and a network; ( entreprise de radiodiffusion ) distribution undertaking  means an undertaking for the reception of broadcasting and its retransmission by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking, but does not include such an undertaking that is an online undertaking; ( entreprise de distribution ) network  includes any operation where control over all or any part of the programs or program schedules of one or more broadcasting undertakings is delegated to another undertaking or person, but does not include such an operation that is an online undertaking; ( réseau ) programming undertaking  means an undertaking for the transmission of programs, either directly by radio waves or other means of telecommunication or indirectly through a distribution undertaking, for reception by the public by means of broadcasting receiving apparatus, but does not include such an undertaking that is an online undertaking; ( entreprise de programmation ) (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: affiliate , in relation to any person, means any other person who controls that first person, or who is controlled by that first person or by a third person who also controls the first person; ( affilié ) barrier  has the same meaning as in section 2 of the Accessible Canada Act ; ( obstacle ) community element  includes the element of the Canadian broadcasting system as part of which members of a community participate in the production of programs that are in a language used in the community including a not-for-profit broadcasting undertaking that is managed by a board of directors elected by the community; ( élément communautaire ) control , in the definition affiliate , in paragraph 9.1(1)(m) and in subparagraph 9.1(1)(n)(i), includes control in fact, whether or not through one or more persons; ( contrôle ) decision  includes a determination made by the Commission in any form; ( décision ) Indigenous peoples  has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 ; ( peuples autochtones ) official language minority community  means English-speaking communities in Quebec and French-speaking communities outside Quebec; ( communauté de langue officielle en situation minoritaire ) online undertaking  means an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus; ( entreprise en ligne ) programming control  means control over the selection of programs for transmission, but does not include control over the selection of a programming service for retransmission; ( contrôle de la programmation ) (3) Subsection 2(3) of the Act is replaced by the following: Exclusion — carrying on broadcasting undertaking (2.1) A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service — and who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — does not, by the fact of that use, carry on a broadcasting undertaking for the purposes of this Act. Exclusion — social media service and programming control (2.2) An online undertaking that provides a social media service does not, for the purposes of this Act, exercise programming control over programs uploaded by a user of the service who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them. Exclusion — certain transmissions over the Internet (2.3) A person does not carry on an online undertaking for the purposes of this Act in respect of a transmission of programs over the Internet (a) that is ancillary to a business not primarily engaged in the transmission of programs to the public and that is intended to provide clients with information or services directly related to that business; (b) that is part of the operations of a primary or secondary school, a college, university or other institution of higher learning, a public library or a museum; or (c) that is part of the operations of a theatre, concert hall or other venue for the presentation of live performing arts. Interpretation (3) This Act shall be construed and applied in a manner that is consistent with (a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings and creators; (b) the right to privacy of individuals; and (c) the commitment of the Government of Canada to enhance the vitality of official language minority communities and to support and assist their development, as well as to foster the full recognition and use of both English and French in Canadian society. 3 (1) Paragraph 3(1)(a) of the Act is replaced by the following: (a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and it is recognized that it includes foreign broadcasting undertakings that provide programming to Canadians; (a.1) each broadcasting undertaking shall contribute to the implementation of the objectives of the broadcasting policy set out in this subsection in a manner that is appropriate in consideration of the nature of the services provided by the undertaking; (2) Paragraph 3(1)(c) of the Act is replaced by the following: (c) while sharing common aspects, English and French language broadcasting operate under different conditions — in particular, the minority context of French in North America — and may have different requirements; (2.1) Subparagraph 3(1)(d)(ii) of the Act is replaced by the following: (ii) encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view, and foster an environment that encourages the development and export of Canadian programs globally, (3) Subparagraphs 3(1)(d)(iii) and (iv) of the Act are replaced by the following: (iii) through its programming and the employment opportunities arising out of its operations, serve the needs and interests of all Canadians — including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages — and reflect their circumstances and aspirations, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of Indigenous peoples and languages within that society, (iii.1) provide opportunities to Indigenous persons to produce programming in Indigenous languages, English or French, or in any combination of them, and to carry on broadcasting undertakings, (iii.11) provide opportunities to Black and other racialized persons in Canada by taking into account their specific needs and interests, namely, by supporting the production and broadcasting of original programs by and for Black and other racialized communities, (iii.2) support the production and broadcasting of original French language programs, (iii.3) enhance the vitality of official language minority communities in Canada and support and assist their development by taking into account their specific needs and interests, including through supporting the production and broadcasting of original programs by and for those communities, (iii.4) support community broadcasting that reflects both the diversity of the communities being served, including with respect to the languages in use within those communities and to their ethnocultural and Indigenous composition, and the high engagement and involvement in community broadcasting by members of those communities, including with respect to matters of public concern, (iii.5) ensure that Canadian independent broadcasting undertakings continue to be able to play a vital role within that system, (iii.6) support the production and broadcasting of programs in a diversity of languages that reflect Black and other racialized communities and the diversity of the ethnocultural composition of Canadian society, including through broadcasting undertakings that are carried on by Canadians from Black or other racialized communities and diverse ethnocultural backgrounds, (iii.7) provide opportunities to Canadians from Black or other racialized communities and diverse ethnocultural backgrounds to produce and broadcast programs by and for those communities, (iv) promote innovation and be readily adaptable to scientific and technological change, (v) reflect and be responsive to the preferences and interests of various audiences, and (vi) ensure freedom of expression and journalistic independence; (4) Paragraphs 3(1)(f) to (h) of the Act are replaced by the following: (f) each Canadian broadcasting undertaking shall employ and make maximum use, and in no case less than predominant use, of Canadian creative and other human resources in the creation, production and presentation of programming, unless the nature of the service provided by the undertaking, such as specialized content or format or the use of languages other than French and English, renders that use impracticable, in which case the undertaking shall make the greatest practicable use of those resources; (f.1) each foreign online undertaking shall make the greatest practicable use of Canadian creative and other human resources, and shall contribute in an equitable manner to strongly support the creation, production and presentation of Canadian programming, taking into account the linguistic duality of the market they serve; (g) the programming over which a person who carries on a broadcasting undertaking has programming control should be of high standard; (h) all persons who carry on broadcasting undertakings have a responsibility for the programs that they broadcast and over which they have programming control; (5) Subparagraphs 3(1)(i)(i) and (ii) of the Act are replaced by the following: (i) be varied and comprehensive, providing a balance of information, enlightenment and entertainment for people of all ages, interests and tastes, (i.1) reflect and support Canada’s linguistic duality by placing significant importance on the creation, production and broadcasting of original French language programs, including those from French linguistic minority communities, (ii) be drawn from local, regional, national and international sources, including, at the local level, from community broadcasters who, through collaboration with local organizations and community members, are in the unique position of being able to provide varied programming to meet the needs of specific audiences, (ii.1) include programs produced by Canadians that cover news and current events — from the local and regional to the national and international — and that reflect the viewpoints of Canadians, including the viewpoints of Indigenous persons and of Canadians from Black or other racialized communities and diverse ethnocultural backgrounds, (ii.2) reflect the importance of Indigenous language revitalization by supporting the production and broadcasting of Indigenous language programming, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and in response to the Truth and Reconciliation Commission of Canada’s Calls to Action, (5.1) Subparagraph 3(1)(i)(iv) of the Act is replaced by the following: (iv) provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern and to directly participate in public dialogue on those matters including through the community element, and (6) Paragraphs 3(1)(k) and (l) of the Act are replaced by the following: (k) a range of broadcasting services in English and in French shall be extended to all Canadians; (l) the Canadian Broadcasting Corporation, as the national public broadcaster, should provide broadcasting services incorporating a wide range of programming that informs, enlightens and entertains; (6.1) Subparagraph 3(1)(m)(iv) of the Act is replaced by the following: (iv) be in English and in French, reflecting the different needs and circumstances of each official language community, including the specific needs and interests of official language minority communities, (7) Paragraphs 3(1)(o) to (s) of the Act are replaced by the following: (o) programming that reflects the Indigenous cultures of Canada and programming that is in Indigenous languages should be provided — including through broadcasting undertakings that are carried on by Indigenous persons — within community elements, which are positioned to serve smaller and remote communities, and other elements of the Canadian broadcasting system in order to serve Indigenous peoples where they live; (p) programming that is accessible without barriers to persons with disabilities should be provided within the Canadian broadcasting system, including through community broadcasting, as well as the opportunity for them to develop their own content and voices; (p.1) programming that is accessible without barriers to persons with disabilities should be provided within the Canadian broadcasting system, including without limitation, closed captioning services and described video services available to assist persons living with a visual or auditory impairment; (q) online undertakings that provide the programming services of other broadcasting undertakings should (i) ensure the discoverability of Canadian programming services and original Canadian programs, including original French language programs, in an equitable proportion, (ii) when programming services are supplied to them by other broadcasting undertakings under contractual arrangements, provide reasonable terms for the carriage, packaging and retailing of those programming services, and (iii) ensure the delivery of programming at affordable rates; (r) online undertakings shall clearly promote and recommend Canadian programming, in both official languages as well as in Indigenous languages, and ensure that any means of control of the programming generates results allowing its discovery; (s) the programming provided by the community element should (i) be innovative and complementary to the programming provided for mass audiences, (ii) cater to tastes and interests not adequately provided for by the programming provided for mass audiences and include programs devoted to culture, politics, history, health and public safety, local news and current events, local economy and the arts, (iii) reflect Canada’s communities, regions, Indigenous and multicultural nature, including through third-language programming, (iv) support new and emerging Canadian creative talent, as a cost-effective venue for learning new skills, taking risks and exchanging ideas, (v) through community participation, strengthen the democratic process and support local journalism, and (vi) be available throughout Canada so that all Canadians can engage in dialogue on matters of public concern; and 4 The Act is amended by adding the following after section 4: 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. 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 sec­ tion 4.2. 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. 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. 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. 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. 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: 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. Consultation 5.2 (1) The Commission shall consult with official language minority communities in Canada when making decisions that could adversely affect them. 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: 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. 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. 1994, c. 26, s. 10(F) (2) Subsections 9(2) to (4) of the Act are replaced by the following: 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). 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: 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. 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. Non-application (3) The Statutory Instruments Act does not apply to orders made under this section. 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. Publication (5) The Commission shall publish each order that is made under this section on its website. 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. 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. 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. 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. Facilitation (10) The Commission may facilitate those negotiations at the request of either party to the negotiations. 10 (1) The portion of subsection 10(1) of the French version of the Act before paragraph (a) is replaced by the following: Règlements 10 (1) Dans l’exécution de sa mission, le Conseil peut prendre des règlements : (2) Paragraph 10(1)(a) of the Act is repealed. (3) Paragraph 10(1)(b) of the French version of the Act is replaced by the following: b) définissant « émission canadienne » pour l’application de la présente loi; (4) Paragraph 10(1)(c) of the Act is replaced by the following: (c) respecting standards for programs over which a person carrying on a broadcasting undertaking has programming control and the allocation of broadcasting time, for the purpose of giving effect to the broadcasting policy set out in subsection 3(1); (5) Paragraph 10(1)(d) of the French version of the Act is replaced by the following: d) concernant la nature de la publicité et le temps d’antenne qui peut y être consacré; (6) Paragraph 10(1)(e) of the Act is replaced by the following: (e) respecting, in relation to a broadcasting undertaking other than an online undertaking, the proportion of time that may be devoted to the broadcasting of programs, including advertisements or announcements, of a partisan political character and the assignment of that time on an equitable basis to political parties and candidates; (7) Paragraphs 10(1)(f) to (h) of the French version of the Act are replaced by the following: f) prescrivant les conditions d’exploitation des entreprises de programmation faisant partie d’un réseau ainsi que les conditions de radiodiffusion des émissions de réseau et concernant le temps d’antenne à réserver à celles-ci par ces entreprises; g) concernant la fourniture de services de programmation — même étrangers — par les entreprises de distribution; h) pourvoyant au règlement — notamment par la médiation — de différends concernant la fourniture de programmation et survenant entre les entreprises de programmation qui la transmettent et les entreprises de distribution; (8) Paragraphs 10(1)(i) and (j) of the Act are replaced by the following: (h.1) respecting unjust discrimination by a person carrying on a broadcasting undertaking and undue or unreasonable preference given, or undue or unreasonable disadvantage imposed, by such a person; (i) respecting the registration of broadcasting undertakings with the Commission; (j) respecting the audit or examination of records and books of account of persons carrying on broadcasting undertakings by the Commission or persons acting on behalf of the Commission; and (9) Paragraph 10(1)(k) of the French version of the Act is replaced by the following: k) concernant toute autre mesure qu’il estime nécessaire à l’exécution de sa mission. (10) Subsections 10(2) and (3) of the Act are replaced by the following: Regulations — Canadian programs (1.1) In making regulations under paragraph (1)(b), the Commission shall consider the following matters: (a) whether Canadians, including independent producers, have a right or interest in relation to a program, including copyright, that allows them to control and benefit in a significant and equitable manner from the exploitation of the program; (b) whether key creative positions in the production of a program are primarily held by Canadians; (c) whether a program furthers Canadian artistic and cultural expression; (d) the extent to which persons carrying on online undertakings or programming undertakings collaborate with independent Canadian producers, with persons carrying on Canadian broadcasting undertakings producing their own programs, with producers associated with Canadian broadcasting undertakings or with any other person involved in the Canadian program production industry, including Canadian owners of copyright in musical works or in sound recordings; and (e) any other matter that may be prescribed by regulation. Regulations (1.2) The Governor in Council may make regulations prescribing matters that the Commission is required to consider under paragraph (1.1)(e). Application (2) A regulation made under subsection (1) may be made applicable to all persons carrying on broadcasting undertakings or to all persons carrying on broadcasting undertakings of any class established by the Commission in the regulation. Publication and representations (3) A copy of each regulation that the Commission proposes to make under subsection (1) shall be published in the Canada Gazette 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 regulation. 11 The Act is amended by adding the following after section 10: For greater certainty 10.1 For greater certainty, the Commission shall make orders under subsection 9.1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings. 12 (1) The portion of subsection 11(1) of the French version of the Act before paragraph (a) is replaced by the following: Règlements : droits 11 (1) Le Conseil peut prendre des règlements : (2) Paragraphs 11(1)(a) to (d) of the Act are replaced by the following: (a) with the approval of the Treasury Board, establishing schedules of fees to be paid by persons carrying on broadcasting undertakings of any class; (b) providing for the establishment of classes of broadcasting undertakings for the purposes of paragraph (a); (c) providing for the payment of any fees payable by a person carrying on a broadcasting undertaking, including the time and manner of payment; (d) respecting the interest payable by such a person in respect of any overdue fee; and (3) Paragraph 11(1)(e) of the French version of the Act is replaced by the following: e) concernant toute autre mesure d’application du présent article qu’il estime nécessaire. (4) The portion of subsection 11(2) of the English version of the Act before paragraph (a) is replaced by the following: Criteria (2) Regulations made under paragraph (1)(a) may provide for fees to be calculated by reference to any criteria that the Commission considers appropriate, including by reference to (5) Paragraph 11(2)(a) of the Act is replaced by the following: (a) the revenues of the persons carrying on broadcasting undertakings; (6) Paragraph 11(2)(b) of the English version of the Act is replaced by the following: (b) the performance of the persons carrying on broadcasting undertakings in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and (7) Paragraph 11(2)(c) of the Act is replaced by the following: (c) the market served by the persons carrying on broadcasting undertakings. (8) Subsection 11(3) of the Act is replaced by the following: Exceptions (3) No regulations made under subsection (1) shall apply to the Corporation or to persons carrying on programming undertakings on behalf of Her Majesty in right of a province. Restriction — non-licensees (3.1) The only fees that may be established with respect to a broadcasting undertaking shall be fees that relate to the recovery of the costs of the Commission’s activities under this Act. (9) Subsection 11(4) of the English version of the Act is replaced by the following: Debt due to Her Majesty (4) Fees payable under this section and any interest in respect of them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. (10) Subsection 11(5) of the Act is replaced by the following: Publication and representations (5) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette 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 regulation. 13 The Act is amended by adding the following after section 11: Regulations — expenditures 11.1 (1) The Commission may make regulations respecting expenditures to be made by persons carrying on broadcasting undertakings for the purposes of (a) developing, financing, producing or promoting Canadian audio or audio-visual programs, including independent productions, for broadcasting by broadcasting undertakings; (b) supporting, promoting or training Canadian creators of audio or audio-visual programs for broadcasting by broadcasting undertakings; (b.1) supporting broadcasting undertakings offering programming services that, in the Commission’s opinion, are of exceptional importance to the achievement of the objectives of the broadcasting policy set out in subsection 3(1); (c) supporting participation by persons, groups of persons or organizations representing the public interest in proceedings before the Commission under this Act; or (d) supporting the development of initiatives — including tools — that, in the Commission’s opinion, are efficient and necessary for the achievement of the objectives of the broadcasting policy set out in subsection 3(1). Order — particular broadcasting undertaking (2) The Commission may make an order respecting expenditures to be made by a particular person carrying on a broadcasting undertaking for any of the purposes set out in paragraphs (1)(a) to (d). Minimum expenditures — French language original programs (3) Regulations and orders made under this section for the purposes set out in paragraph (1)(a) shall prescribe the minimum share of expenditures that are to be allocated to Canadian original French language programs in the case of broadcasting undertakings that offer programs in both official languages. Application of regulations (4) A regulation made under this section may be made applicable to all persons carrying on broadcasting undertakings or to all persons carrying on broadcasting undertakings of any class established by the Commission in the regulation. Recipients (5) Regulations and orders made under this section may provide that an expenditure is to be paid to any person or organization, other than the Commission, or into any fund, other than a fund administered by the Commission. Criteria (6) Regulations and orders made under this section may provide for expenditures to be calculated by reference to any criteria that the Commission considers appropriate, including by reference to (a) the revenues of the persons carrying on broadcasting undertakings; (b) the performance of the persons carrying on broadcasting undertakings in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and (c) the market served by the persons carrying on broadcasting undertakings. Publication and representations (7) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a copy of each proposed order shall be published on the Commission’s website. 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 regulation or order. Non-application (8) The Statutory Instruments Act does not apply to orders made under subsection (2). 2014, c. 39, s. 191(1); 2019, c. 10, s. 161(1) 14 Subsection 12(1) of the Act is replaced by the following: Inquiries 12 (1) The Commission may inquire into, hear and determine a matter if it appears to the Commission that (a) any person is contravening or has contravened this Part or any regulation, licence, decision or order made or issued by the Commission under this Part; (b) any person is contravening or has contravened section 34.1; (c) any person is contravening or has contravened sections 42 to 44 of the Accessible Canada Act ; or (d) the circumstances may require the Commission to make any decision or order or to give any approval that it is authorized to make or give under this Part or under any regulation or order made under this Part. 15 (1) Paragraph 18(1)(c) of the Act is replaced by the following:   (c) the establishing of any performance objectives for the purposes of paragraphs 11(2)(b) and 11.1(6)(b); and (2) Subsection 18(2) of the Act is replaced by the following: Public hearings — specific matters (2) The Commission shall also hold a public hearing in connection with the following matters unless it is satisfied that such a hearing is not required in the public interest: (a) the amendment or renewal of a licence; (b) the making of an order under subsection 9.1(1) or 11.1(2); and (c) the making of any regulation under this Act. 16 (1) Section 20 of the Act is amended by adding the following after subsection (1): 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. 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. (2) Subsection 20(4) of the Act is replaced by the following: 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. 17 Section 21 of the French version of the Act is replaced by the following: Règles 21 Le Conseil peut établir des règles concernant l’instruction des affaires dont il est saisi, notamment la procédure applicable à la présentation des demandes d’attribution, de modification, de renouvellement, de suspension ou de révocation de licences, la présentation des observations et des plaintes et le déroulement des audiences. 18 Subsections 23(1) to (3) of the Act are replaced by the following: 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. 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. 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. 19 Paragraph 24(1)(a) of the Act is replaced by the following: (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 20 Subsection 25(1) of the Act is replaced by the following: 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. 21 The Act is amended by adding the following after section 25: Provision of Information by Commission 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. 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. 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. 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. 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. 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. 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. 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). 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. 22 (1) Subsection 28(1) of the Act is replaced by the following: Setting aside or referring decisions back to Commission 28 (1) If the Commission makes a decision under section 9 to issue, amend or renew a licence, the Governor in Council may, within 180 days after the date of the decision, on petition in writing of any person received within 45 days after that date or on the Governor in Council’s own motion, by order, set aside the decision or refer the decision back to the Commission for reconsideration and hearing of the matter by the Commission, if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in subsection 3(1). (2) Paragraph 28(3)(b) of the Act is replaced by the following:   (b) rescind the issue of the licence and issue a licence to another person; or (3) Subsections 28(4) and (5) of the Act are repealed. 23 (1) Subsection 29(1) of the Act is replaced by the following: Filing of petitions 29 (1) Every person who petitions the Governor in Council under subsection 28(1) shall at the same time send a copy of the petition to the Commission. (2) Subsection 29(3) of the English version of the Act is replaced by the following: Register (3) The Commission shall establish and maintain a public register in which shall be kept a copy of each petition received by the Commission. 24 The Act is amended by adding the following after section 31: Prohibition Carrying on broadcasting undertaking 31.1 (1) A person shall not carry on a broadcasting undertaking unless (a) they do so in accordance with a licence issued to them; or (b) they are exempt, under an order made under subsection 9(4), from the requirement to hold a licence. Exception — online undertaking (2) Despite subsection (1), a person may carry on an online undertaking without a licence and without being so exempt. 25 Sections 32 to 34 of the Act are replaced by the following: Broadcasting contrary to Act 32 Every person who contravenes section 31.1 is guilty of an offence punishable on summary conviction and is liable (a) in the case of an individual, to a fine of not more than $25,000 for each day that the offence continues; or (b) in the case of a corporation, to a fine of not more than $250,000 for each day that the offence continues. Contravention of regulation or order 33 Every person who contravenes any regulation or order made under this Part is guilty of an offence punishable on summary conviction and is liable (a) in the case of an individual, to a fine of not more than $25,000 for a first offence and of not more than $50,000 for each subsequent offence; or (b) in the case of a corporation, to a fine of not more than $250,000 for a first offence and of not more than $500,000 for each subsequent offence. Defence 33.1 A person is not to be found guilty of an offence under section 32 or 33 if they establish that they exercised due diligence to prevent the commission of the offence. Limitation 34 Proceedings in respect of an offence under section 33 may be instituted within, but not after, two years after the day on which the subject matter of the proceedings arose. Consultation and Review Regulations and orders 34.01 (1) Every seven years the Commission shall consult with all interested persons with respect to orders made under section 9.1 and regulations and orders made under section 11.1 and shall publish, on the Internet or otherwise, a report on the consultations that also lists the orders and regulations that the Commission proposes to review as a result of the consultations and sets out its plan for conducting the review. Publication of report (2) The Commission shall publish the first report within seven years after the day on which this subsection comes into force and, subsequently, within seven years after the day on which the most recent report is published. Tabling of reports (3) The Minister shall cause a copy of all reports published under subsections (1) and (2) to be tabled before each House of Parliament. 26 The Act is amended by adding the following after section 34.2: Defence 34.21 A person is not to be found guilty of an offence under section 34.2 if they establish that they exercised due diligence to prevent the commission of the offence. 27 The Act is amended by adding the following after section 34.3: PART II.2 Administrative Monetary Penalties Violations 34.4 (1) Subject to a regulation made under paragraph 34.995(a), a person commits a violation if they (a) contravene a regulation or order made under Part II; (b) contravene the requirement to negotiate in good faith under subsection 9.1(9); (c) carry on a broadcasting undertaking in contravention of section 31.1; (d) charge a subscriber for providing the subscriber with a paper bill in contravention of section 34.1; (e) contravene an undertaking that they entered into under section 34.9; (f) fail to submit information in accordance with a notice issued under section 34.996 to a person designated under paragraph 34.7(a) that the designated person requires by the notice; (g) knowingly make a material misrepresentation of fact in contravention of section 34.997; or (h) contravene 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 . Continued violation (2) A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued. Maximum administrative monetary penalty 34.5 (1) Subject to a regulation made under paragraph 34.995(b), a person who commits a violation is liable to an administrative monetary penalty (a) in the case of an individual, of not more than $25,000 for a first violation and of not more than $50,000 for each subsequent violation; or (b) in any other case, of not more than $10 million for a first violation and of not more than $15 million for each subsequent violation. Criteria for penalty (2) The amount of the penalty is to be determined by taking into account the following factors: (a) the nature and scope of the violation; (b) the history of compliance by the person who committed the violation with this Act, the regulations and the decisions and orders made by the Commission under this Act; (c) the person’s history with respect to any previous undertaking entered into under section 34.9; (d) any benefit that the person obtained from the commission of the violation; (e) the person’s ability to pay the penalty; (f) any factors established by regulation; (g) the purpose of the penalty, which is to promote compliance with this Act — or, in the case of a penalty imposed for a violation referred to in paragraph 34.4(1)(h), compliance with the Accessible Canada Act — and not to punish; and (h) any other relevant factor. Purpose of penalty (3) The purpose of the penalty is to promote compliance with this Act — or, in the case of a penalty imposed for a violation referred to in paragraph 34.4(1)(h), compliance with the Accessible Canada Act — and not to punish. Procedures 34.6 (1) Despite subsection 34.8(1), the Commission may impose a penalty in a decision made in the course of a proceeding before it under this Act in which it finds that a violation referred to in section 34.4 has been committed by a person other than the person who entered into an undertaking under section 34.9 in connection with the same act or omission giving rise to the violation. For greater certainty (2) For greater certainty, the Commission is not to impose a penalty under subsection (1) on a person who has not been given the opportunity to be heard. Designation 34.7 The Commission may (a) designate persons or classes of persons who are authorized to issue notices of violation or to accept an undertaking under section 34.9; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation. Notice of violation 34.8 (1) A person who is authorized to issue notices of violation may, if they believe on reasonable grounds that another person has committed a violation, issue a notice of violation and cause it to be served on that other person. Contents (2) The notice of violation shall set out (a) the name of the person who is believed to have committed a violation; (b) the act or omission giving rise to the violation, as well as a reference to the provision that is at issue; (c) the administrative monetary penalty that the person is liable to pay, as well as the time and manner in which the person may pay the penalty; (d) a statement informing the person that they may pay the penalty or make representations to the Commission with respect to the violation and the penalty and informing them of the time and manner for making such representations; and (e) a statement informing the person that, if they do not pay the penalty or make representations in accordance with the notice, they will be deemed to have committed the violation and the penalty may be imposed. Undertaking 34.9 (1) A person may enter into an undertaking at any time. The undertaking is valid upon its acceptance by the Commission or, if it is entered into by a person other than the Corporation, upon its acceptance by the Commission or the person designated to accept an undertaking. Requirements (2) An undertaking referred to in subsection (1) (a) shall set out every act or omission that is covered by the undertaking; (b) shall set out every provision that is at issue; (c) may contain any conditions that the Commission or the person designated to accept the undertaking considers appropriate; and (d) may include a requirement to pay a specified amount. Before notice of violation (3) If a person enters into an undertaking, a notice of violation shall not be served on them in connection with any act or omission referred to in the undertaking. After notice of violation (4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking. Powers respecting hearings 34.91 For greater certainty, the Commission has all the powers, rights and privileges referred to in section 16 if, in a proceeding in respect of a violation, it holds a public hearing under subsection 18(3). Payment of penalty 34.92 (1) If a person who is served with a notice of violation pays the penalty set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended. Decision of Commission (1.1) The Commission shall, in a timely manner, issue a decision with respect to subsection (1) confirming that the person is deemed to have committed the violation. Representations to Commission and decision (2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Commission shall decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation. If the Commission decides that the person committed the violation, it may (a) impose the administrative monetary penalty set out in the notice, a lesser penalty or no penalty; and (b) suspend payment of the administrative monetary penalty subject to any conditions that the Commission considers necessary to ensure compliance with this Act. Penalty (3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the Commission may impose the penalty. Copy of decision and notice of rights (4) The Commission shall cause a copy of any decision made under subsection (1.1), (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for leave to appeal under section 31. Evidence 34.93 In a proceeding in respect of a violation, a notice purporting to be served under subsection 34.8(1) or a copy of a decision purporting to be served under subsection 34.92(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. Defence 34.94 (1) A person is not to be found liable for a violation, other than a violation under paragraph 34.4(1)(b) or (g), if they establish that they exercised due diligence to prevent its commission. Common law principles (2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act. Directors, officers, etc., of corporations 34.95 An officer, director or agent or mandatary of a corporation other than the Canadian Broadcasting Corporation, that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against. Vicarious liability 34.96 A person, other than the Corporation, is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee or agent or mandatary is identified or proceeded against. Limitation or prescription period 34.97 (1) Proceedings in respect of a violation may be instituted within, but not after, three years after the day on which the subject matter of the proceedings became known to the Commission. Certificate (2) A document that appears to have been issued by the secretary to the Commission, certifying the day on which the subject matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person who appears to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it. Information may be made public 34.98 The Commission may make public (a) the name of a person who enters into an undertaking under section 34.9, the nature of the undertaking including the acts or omissions and provisions at issue, the conditions included in the undertaking and the amount payable under it, if any; or (b) the name of a person who is deemed, or is found by the Commission or on appeal, to have committed a violation, the acts or omissions and provisions at issue and the amount of the penalty imposed, if any. Special case concerning the Corporation — public hearing 34.99 (1) Despite subsections 34.6(1) and 34.92(2) and (3), the Commission shall not impose a penalty under any of those subsections on the Corporation for a violation other than the one referred to in paragraph 34.4(1)(h) without holding a public hearing on the matter. Place of hearing (2) A public hearing under subsection (1) may be held at any place in Canada designated by the Chairperson of the Commission. Notice of hearing (3) The Commission shall cause notice of any public hearing to be held by it under subsection (1) 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 matter to which the public hearing relates. Powers respecting hearings (4) The Commission has, in respect of any hearing under subsection (1), with regard to the attendance, swearing and examination of witnesses at the hearing, the production and inspection of documents and other matters necessary or proper in relation to the hearing, all of the powers, rights and privileges that are vested in a superior court of record. For greater certainty (5) For greater certainty, sections 17, 20 and 21 apply in respect of public hearings under subsection (1). Report of violation 34.991 (1) If the Commission is satisfied, after holding a public hearing on the matter, that the Corporation has committed a violation referred to in any of paragraphs 34.4(1)(a) to (g), the Commission shall forward to the Minister a report setting out the circumstances of the violation, the findings of the Commission, the amount of any penalty imposed, and any observations or recommendations of the Commission in connection with the violation. 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 15 days on which that House is sitting after the report is received by the Minister. Violation or offence 34.992 (1) If an act or omission can be proceeded with either as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other. For greater certainty (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. Receiver General 34.993 An administrative monetary penalty paid or recovered in relation to a violation is payable to the Receiver General. Debt due to Her Majesty 34.994 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of the penalty imposed by the Commission in a decision made in the course of a proceeding before it under this Act in which it finds that a violation referred to in section 34.4 has been committed; (b) the amount payable under an undertaking entered into under section 34.9, beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is accepted; (c) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice; (d) if representations are made, either the amount of the administrative monetary penalty that is imposed by the Commission or on appeal, as the case may be, beginning on the day specified by the Commission or the court or, if no day is specified, beginning on the day on which the decision is made; and (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d). Limitation period or prescription (2) Proceedings to recover a debt may be instituted within, but not after, three years after the day on which the debt becomes payable. Certificate of default (3) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1). Effect of registration (4) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs. Regulations 34.995 The Governor in Council may make regulations (a) providing for exceptions to any of paragraphs 34.4(1)(a) to (h); (b) increasing the maximum administrative monetary penalty amounts set out in subsection 34.5(1); (c) for the purpose of paragraph 34.5(2)(f), establishing other factors to be considered in determining the amount of the penalty; (d) respecting undertakings referred to in section 34.9; (e) respecting the service of documents required or authorized to be served under this Part, including the manner and proof of service and the circumstances under which documents are to be considered to be served; and (f) generally, for carrying out the purposes and provisions of this Part. PART II.3 Submission of Information Information requirement 34.996 A person designated under paragraph 34.7(a) who believes that a person is in possession of information that is reasonably considered to be relevant for the purpose of verifying whether a violation referred to in section 34.4 has been committed may, by notice, require that person to submit the information to the designated person in the form and manner and within the reasonable time that is stipulated in the notice. A person to whom any such notice is addressed shall comply with the notice. PART II.4 Offence — Material Misrepresentation of Fact Prohibition 34.997 It is prohibited for any person to knowingly make a material misrepresentation of fact to a person designated under paragraph 34.7(a). Offence 34.998 (1) Every person who contravenes section 34.997 is guilty of an offence punishable on summary conviction and is liable (a) in the case of an individual, to a fine of not more than $10,000 for a first offence and of not more than $25,000 for each subsequent offence; or (b) in any other case, to a fine of not more than $100,000 for a first offence and of not more than $250,000 for each subsequent offence. Limitation (2) Proceedings in respect of an offence under subsection (1) may be instituted within, but not after, two years after the day on which the subject matter of the proceedings arose. 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): 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: 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: 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. 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: 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. 33 Status 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. 23 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 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: 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): 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: Implied consent — section 6 (9) For the purpose of section 6, except subsection 6(7.1), consent is implied only if 2018, c. 16 Cannabis 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-22 Canadian Radio-television and Telecommunications Commission Act 2019, c. 10, s. 147 37 Subsection 13(2) of the Canadian Radio- television 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-42 Copyright Act 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: 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 . 1997, c. 24, s. 18(1) 39 Subsection 30.9(7) of the Act is replaced by the following: 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). 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  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. 2002, c. 26, s. 2(1) (3) The definition retransmitter in subsection 31(1) of the Act is replaced by the following: retransmitter  has the meaning assigned by the regulations; ( retransmetteur ) 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. 30 Referendum 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. 42 Subsection 24(2) of the Act is replaced by the following: Free time not commercial time (2) Despite subsection 21(1), the Broadcasting Act , any regulations made under that Act and any conditions imposed on a network operator under section 9.1 of that Act, free broadcasting time shall not be considered to be commercial time. 2000, c. 9 Canada Elections Act 2001, c. 21, s. 17 43 Subsection 335(1) of the Canada Elections Act is replaced by the following: Broadcasting time provided to registered parties 335 (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions imposed on it under section 9.1 of that Act, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities. 44 Subsection 339(3) of the Act is replaced by the following: Broadcasting time provided to new eligible parties (3) In addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions imposed on it under section 9.1 of that Act, make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster’s facilities. 2001, c. 21, s. 18 45 The portion of subsection 345(1) of the Act before paragraph (a) is replaced by the following: Free broadcasting time 345 (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions imposed on it under section 9.1 of that Act, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator 2019, c. 10 Accessible Canada Act 46 Paragraph 42(1)(b) of the Accessible Canada Act is replaced by the following: (b) the conditions imposed on the regulated entity under section 9.1 of the Broadcasting Act that relate to the identification and removal of barriers and the prevention of new barriers; 47 Paragraph 118(3)(a) of the Act is replaced by the following: (a) a condition imposed under section 9.1 of the Broadcasting Act ; Transitional Provisions Definitions 48 (1) The following definitions apply in this section and sections 49 to 52 . new Act  means the Broadcasting Act as it reads as of the royal assent day. ( nouvelle loi ) old Act  means the Broadcasting Act as it read immediately before the royal assent day. ( ancienne loi ) royal assent day  means the day on which this Act receives royal assent. ( date de sanction ) Words and expressions (2) Unless otherwise provided, words and expressions used in sections 49 to 52 have the same meanings as in the Broadcasting Act . Conditions and requirements — deemed order 49 (1) Each of the following is deemed to be a condition imposed under an order, made under section 9.1 of the new Act, that applies only with respect to a particular licensee: (a) a condition of their licence imposed under section 9 of the old Act that, as of the royal assent day, could not be made the subject of an order under subsection 11.1(2) of the new Act; (b) a requirement imposed on the licensee under any of paragraphs 9(1)(f) to (h) of the old Act. Regulations — deemed order (2) Any regulation made under paragraph 10(1)(a) or 10(1)(i) of the old Act is deemed to be an order made under section 9.1 of the new Act. Expenditures — deemed regulations 50 (1) The following are deemed to be regulations made under subsection 11.1(1) of the new Act: (a) any terms and conditions imposed under an order made under subsection 9(4) of the old Act that, as of the royal assent day, could be the subject of such regulations; and (b) any regulations made under subsection 10(1) of the old Act that, as of the royal assent day, could be made under subsection 11.1(1) of the new Act. Expenditures — deemed order (2) Any condition of a licensee’s licence that, as of the royal assent day, could be made the subject of an order under subsection 11.1(2) of the new Act is deemed to be a provision of such an order that applies only with respect to the licensee. Section 28 51 (1) Section 28 of the old Act continues to apply with respect to any decision of the Commission to issue, amend or renew a licence that is made before the royal assent day. Interim licences (2) A person is not permitted to make a petition — and the Governor in Council is not permitted to make an order — under subsection 28(1) of the new Act with respect to a decision to renew a licence made by the Commission during the transition period if the Commission specifies, in renewing that licence, that it is an interim licence and if its term is for no more than one year. Definition of transition period (3) In subsection (2), transition period means the period beginning on the royal assent day and ending on the second anniversary of that day. Validation of expenditures 52 (1) The expenditures described in subsection (2) are deemed to have been validly required by the Commission under the old Act. Expenditures (2) Subsection (1) applies with respect to the expenditures — including, for greater certainty, the contributions — that were made by a broadcasting undertaking before the royal assent day under (a) a condition of a licence issued under the old Act; (b) a term or condition of an order made under subsection 9(4) of that Act; or (c) regulations made under section 10 of that Act. Review Review of Act 53 (1) During the fifth year after the day on which this Act receives royal assent, and during the fifth year after a report is submitted under subsection (2), a comprehensive review of the amendments to the Broadcasting Act that are made by this Act and of their operation must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose. Report (2) The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends. Coming into Force Order in council 54 Subsections 40 (2) to (4) come into force on a day to be fixed by order of the Governor in Council.