5 (1) Subject to this Act and the Radiocommunication Act and to any directions to the Commission issued by the Governor in Council under this Act, the Commission shall regulate and supervise all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in subsection 3(1) and, in so doing, shall have regard to the regulatory policy set out in subsection (2).
Marginal note:Regulatory policy
(2) The Canadian broadcasting system should be regulated and supervised in a flexible manner that
(a) is readily adaptable to the different characteristics of English and French language broadcasting and to the different conditions under which broadcasting undertakings that provide English or French language programming operate;
(b) takes into account regional needs and concerns;
(c) is readily adaptable to scientific and technological change;
(d) facilitates the provision of broadcasting to Canadians;
(e) facilitates the provision of Canadian programs to Canadians;
(f) does not inhibit the development of information technologies and their application or the delivery of resultant services to Canadians; and
(g) is sensitive to the administrative burden that, as a consequence of such regulation and supervision, may be imposed on persons carrying on broadcasting undertakings.
(3) The Commission shall give primary consideration to the objectives of the broadcasting policy set out in subsection 3(1) if, in any particular matter before the Commission, a conflict arises between those objectives and the objectives of the regulatory policy set out in subsection (2).
Marginal note:Employment equity
(4) Where a broadcasting undertaking is subject to the Employment Equity Act, the powers granted to the Commission under this Act do not extend to the regulation or supervision of matters concerning employment equity in relation to that broadcasting undertaking.
- 1991, c. 11, s. 5
- 1995, c. 44, s. 46
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