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Version of document from 2006-03-22 to 2007-04-18:

Direction to the CRTC (Ineligibility to Hold Broadcasting Licences)

SOR/85-627

BROADCASTING ACT

Registration 1985-06-27

Order Issuing a Direction to the Canadian Radio-Television and Telecommunications Commission Respecting Ineligibility to Hold Broadcasting Licences

P.C. 1985-2108 1985-06-27

Her Excellency the Governor General in Council, on the recommendation of the Minister of Communications, pursuant to subparagraph 22(1)(a)(iii) and section 27 of the Broadcasting Act, is pleased hereby to revoke the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), C.R.C., c. 377, and to make the annexed Order issuing a Direction to the Canadian Radio-television and Telecommunications Commission respecting ineligibility to hold broadcasting licences, in substitution therefor.

Short Title

 This Order may be cited as the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences).

Interpretation

 For the purposes of this Order,

agent of Her Majesty in right of any province

agent of Her Majesty in right of any province means any agent of Her Majesty in that right, but does not include municipal governments, an independent corporation or an independent carrier; (mandataire de Sa Majesté du chef d’une province)

independent carrier

independent carrier means a corporation that is either a Canadian carrier within the meaning of the Telecommunications Act that is owned by Her Majesty in right of any province, that was operating on August 6, 1996 and that continues to be operated as a Canadian carrier, or a subsidiary corporation of the Canadian carrier, where

  • (a) the Commission determines that the corporation is not directly controlled by Her Majesty in right of any province, and

  • (b) without limiting the generality of paragraph (a), the corporation enjoys freedom of expression and journalistic, creative and programming independence in the pursuit of its objects and in the exercise of its powers; (entreprise indépendante)

independent corporation

independent corporation means a corporation that the Commission is satisfied is not directly controlled by Her Majesty in right of any province or by a municipal government and that is designated by statute or by the lieutenant governor in council of a province for the purpose of broadcasting the following types of programming, namely,

  • (a) programming designed to be presented in such a context as to provide a continuity of learning opportunity aimed at the acquisition or improvement of knowledge or the enlargement of understanding of members of the audience to whom such programming is directed and under circumstances such that the acquisition or improvement of such knowledge or the enlargement of such understanding is subject to supervision or assessment by a provincial authority by any appropriate means, and

  • (b) programming providing information on the available courses of instruction or involving the broadcasting of special education events within the educational system,

which programming, taken as a whole, shall be designed to furnish educational opportunities and shall be distinctly different from general broadcasting available on the national broadcasting service or on privately owned broadcasting undertakings; (société indépendante)

municipal governments

municipal governments means any municipal or public body empowered to perform a function of government in a province; (administration municipale)

provincial authority

provincial authority means such person, body or authority as may be designated by the lieutenant governor in council of a province as the provincial authority for that province for the purposes of this Direction. (autorité provinciale)

  • SOR/97-231, s. 1

Direction

 The Commission is hereby directed that, on and after June 27, 1985, broadcasting licences may not be issued and renewals of broadcasting licences may not be granted to applicants of the following classes:

  • (a) Her Majesty in right of any province;

  • (b) agents of Her Majesty in right of any province; and

  • (c) municipal governments.

 Where, in respect of an application for a broadcasting transmitting undertaking licence principally for the purpose of retransmission of programming or a broadcasting receiving undertaking licence, or a renewal thereof, applied for by an applicant of the class described in paragraph 3(c) or by any person that, in the opinion of the Commission, is controlled by a municipal government, the Commission is satisfied that

  • (a) a substantial portion of the area served or sought to be served under the broadcasting licence is not served or to be served by a broadcasting receiving undertaking, other than an undertaking for which the applicant is the licensee, already authorized by the Commission,

  • (b) a refusal to issue the broadcasting licence applied for or grant a renewal thereof would be contrary to the public interest, and

  • (c) the community programming provided by the undertaking will provide a reasonable, balanced opportunity for the expression of differing views on matters of public concern,

the Commission may, notwithstanding section 3, issue a broadcasting transmitting undertaking licence principally for the purpose of retransmission of programming or a broadcasting receiving undertaking licence, or grant a renewal thereof.

 Nothing in this Direction shall be construed as limiting the power of the Governor in Council to direct that broadcasting licences may not be issued and amendments or renewals of broadcasting licences may not be granted to applicants of a class other than a class described in section 3 or as limiting the power of the Commission, in carrying out its objects, to refuse to issue a broadcasting licence or to grant an amendment or renewal of a broadcasting licence to an applicant of a class other than a class described in section 3.

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