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Broadcasting Act

Version of section 10 from 2023-04-27 to 2024-04-01:


Marginal note:Regulations generally

  •  (1) The Commission may, in furtherance of its objects, make regulations

    • (a) [Repealed, 2023, c. 8, s. 10]

    • (b) prescribing what constitutes a Canadian program for the purposes of this Act;

    • (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);

    • (d) respecting the character of advertising and the amount of broadcasting time that may be devoted to advertising;

    • (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;

    • (f) prescribing the conditions for the operation of programming undertakings as part of a network and for the broadcasting of network programs, and respecting the broadcasting times to be reserved for network programs by any such undertakings;

    • (g) respecting the carriage of any foreign or other programming services by distribution undertakings;

    • (h) for resolving, by way of mediation or otherwise, any disputes arising between programming undertakings and distribution undertakings concerning the carriage of programming originated by the programming undertakings;

    • (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

    • (k) respecting such other matters as it deems necessary for the furtherance of its objects.

  • Marginal note: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.

  • Marginal note:Regulations

    (1.2) The Governor in Council may make regulations prescribing matters that the Commission is required to consider under paragraph (1.1)(e).

  • Marginal note: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.

  • Marginal note: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.

  • 1991, c. 11, s. 10
  • 2023, c. 8, s. 10

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