Broadcasting Act (S.C. 1991, c. 11)

Marginal note:Oath of office

37 Every director shall, before entering on the director’s duties, take and subscribe, before the Clerk of the Privy Council, an oath or solemn affirmation, which shall be filed in the office of the Clerk, in the following form:

I, , do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of . (Add, in the case where an oath is taken, “So help me God”.)

Marginal note:Outside interests of directors

• 38 (1) A person is not eligible to be appointed or to continue as a director if the person is not a Canadian citizen who is ordinarily resident in Canada or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person

  • (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.

• Marginal note:Disposing of interest

  (2) A director in whom any interest prohibited by subsection (1) vests by will or succession for the director’s own benefit shall, within three months thereafter, absolutely dispose of that interest.

• Marginal note: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).

Marginal note:Responsibility of directors

39 Subject to this Part, the Board is responsible for the management of the businesses, activities and other affairs of the Corporation.

Marginal note:Accountability of Corporation to Parliament

40 The Corporation is ultimately accountable, through the Minister, to Parliament for the conduct of its affairs.

Chairperson

Marginal note:Powers, duties and functions

• 41 (1) The Chairperson shall preside at meetings of the Board and may exercise such powers and shall perform such other duties and functions as are assigned to the Chairperson by the by-laws of the Corporation.

• Marginal note:Part-time

  (2) The Chairperson shall perform the duties and functions of the office on a part-time basis.

• Marginal note:Absence, incapacity or vacancy of office

  (3) If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the President shall act as Chairperson, and if both are absent or incapacitated or if both those offices are vacant, the Board may authorize a director to act as Chairperson, but no person so authorized by the Board has authority to act as Chairperson for a period exceeding sixty days without the approval of the Governor in Council.

President

Marginal note:Powers, duties and functions

• 42 (1) The President is the chief executive officer of the Corporation and has supervision over and direction of the work and staff of the Corporation and may exercise such powers and shall perform such other duties and functions as are assigned to the President by the by-laws of the Corporation.

• Marginal note:Full-time

  (2) The President shall perform the duties and functions of the office on a full-time basis.

• Marginal note:Absence, incapacity or vacancy of office

  (3) If the President is absent or incapacitated or if the office of President is vacant, the Board may authorize an officer of the Corporation to act as President, but no person so authorized by the Board has authority to act as President for a period exceeding sixty days without the approval of the Governor in Council.

Remuneration

Marginal note:Chairperson’s and President’s remuneration

• 43 (1) The Chairperson and the President shall be paid by the Corporation remuneration at the rate fixed by the Governor in Council.

• Marginal note:Fees of other directors

  (2) Each director, other than the Chairperson and the President, shall be paid by the Corporation such fees for attendance at meetings of the Board or any committee of directors as are fixed by the by-laws of the Corporation.

• Marginal note:Expenses

  (3) Each director is entitled to be paid by the Corporation such travel and living expenses incurred by the director in the performance of the duties of that director as are fixed by the by-laws of the Corporation.

Staff

Marginal note:Employment of staff

• 44 (1) The Corporation may, on its own behalf, employ such officers and employees as it considers necessary for the conduct of its business.

• Marginal note:Terms, etc., of employment

  (2) The officers and employees employed by the Corporation under subsection (1) shall, subject to any by-laws made under section 51, be employed on such terms and conditions and at such rates of remuneration as the Board deems fit.

• Marginal note:Not servants of Her Majesty

  (3) The officers and employees employed by the Corporation under subsection (1) are not officers or servants of Her Majesty.

Standing Committees

Marginal note:English and French language broadcasting committees

• 45 (1) The Board shall establish a standing committee of directors on English language broadcasting and a standing committee of directors on French language broadcasting, each consisting of the Chairperson, the President and such other directors as the Board may appoint.

• Marginal note:Chairperson or President shall preside

  (2) The Chairperson, or in the absence of the Chairperson, the President, shall preside at meetings of each standing committee established pursuant to subsection (1).

• Marginal note:Absence of Chairperson and President

  (3) In respect of each standing committee established pursuant to subsection (1), the Chairperson shall designate one of the directors to preside at meetings thereof in the event of the absence of both the Chairperson and the President.

• Marginal note:Duties of committees

  (4) The standing committee on English language broadcasting shall perform such duties in relation to English language broadcasting, and the standing committee on French language broadcasting shall perform such duties in relation to French language broadcasting, as are delegated to the committee by the by-laws of the Corporation.

Objects and Powers

Marginal note: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

  • (a) establish, equip, maintain and operate broadcasting undertakings;

  • (b) make agreements with persons carrying on broadcasting undertakings for the broadcasting of programs;

  • (c) originate programs, secure programs from within or outside Canada by purchase, exchange or otherwise and make arrangements necessary for their transmission;

  • (d) make contracts with any person, within or outside Canada, in connection with the production or presentation of programs originated or secured by the Corporation;

  • (e) make contracts with any person, within or outside Canada, for performances in connection with the programs of the Corporation;

  • (f) with the approval of the Governor in Council, make contracts with any person for the provision by the Corporation of consulting or engineering services outside Canada;

  • (g) with the approval of the Governor in Council, distribute or market outside Canada programming services originated by the Corporation;

  • (h) with the approval of the Minister, act as agent for or on behalf of any person in providing programming to any part of Canada not served by any other licensee;

  • (i) collect news relating to current events in any part of the world and establish and subscribe to news agencies;

  • (j) publish, distribute and preserve, whether for a consideration or otherwise, such audio-visual material, papers, periodicals and other literary matter as may seem conducive to the attainment of the objects of the Corporation;

  • (k) produce, distribute and sell such consumer products as may seem conducive to the attainment of the objects of the Corporation;

  • (l) acquire copyrights and trademarks;

  • (m) acquire and use any patent, patent rights, licences or concessions that the Board considers useful for the purposes of the Corporation;

  • (n) make arrangements or agreements with any organization for the use of any rights, privileges or concessions that the Board considers useful for the purposes of the Corporation;

  • (o) acquire broadcasting undertakings either by lease or by purchase;

  • (p) make arrangements or agreements with any organization for the provision of broadcasting services;

  • (q) subject to the approval of the Governor in Council, acquire, hold and dispose of shares of the capital stock of any company or corporation that is authorized to carry on any business incidental or conducive to the attainment of the objects of the Corporation; and

  • (r) do all such other things as the Board deems incidental or conducive to the attainment of the objects of the Corporation.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Extension of services

  (4) In planning extensions of broadcasting services, the Corporation shall have regard to the principles and purposes of the Official Languages Act.

• Marginal note:Independence

  (5) The Corporation shall, in the pursuit of its objects and in the exercise of its powers, enjoy freedom of expression and journalistic, creative and programming independence.

Marginal note:Debt obligations

• 46.1 (1) The Corporation may, with the approval of the Minister of Finance, borrow money by any means, including the issuance and sale of bonds, debentures, notes and any other evidence of indebtedness of the Corporation.

• Marginal note:Loans to the Corporation

  (2) At the request of the Corporation, the Minister of Finance may, out of the Consolidated Revenue Fund, lend money to the Corporation on such terms and conditions as that Minister may fix.

• Marginal note:Total indebtedness

  (3) The total indebtedness outstanding in respect of borrowings under subsections (1) and (2) shall not exceed

  • (a) $220,000,000; or

  • (b) such greater amount as may be authorized for the purposes of this subsection by Parliament under an appropriation Act.

Agent of Her Majesty

Marginal note:Corporation an agent of Her Majesty

• 47 (1) Except as provided in subsections 44(1) and 46(2), the Corporation is, for all purposes of this Act, an agent of Her Majesty, and it may exercise its powers under this Act only as an agent of Her Majesty.

• Marginal note:Contracts

  (2) The Corporation may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in the name of the Corporation.

• Marginal note:Property

  (3) Property acquired by the Corporation is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Corporation.

• Marginal note:Proceedings

  (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Corporation on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Corporation in the name of the Corporation in any court that would have jurisdiction if the Corporation were not an agent of Her Majesty.