Direction to the CRTC (Ineligibility to Hold Broadcasting Licences)

2 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

• (a) that is either a Canadian carrier, within the meaning of subsection 2(1) of the Telecommunications Act, that is owned by Her Majesty in right of any province, that was operating as a Canadian carrier on August 6, 1996 and that continues to operate as a Canadian carrier, or a subsidiary of such a Canadian carrier, where

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

  • (ii) 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;

• (b) that is a Canadian carrier, within the meaning of subsection 2(1) of the Telecommunications Act, that is owned by a municipal government, where

  • (i) the Commission determines that the corporation is not directly controlled by the governing body of the municipal government, and

  • (ii) 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; or

• (c) that is a Canadian carrier, within the meaning of subsection 2(1) of the Telecommunications Act, whose transmission facilities are operated by a public utility service provider, where

  • (i) the Commission determines that the public utility service provider is not directly controlled by the governing body of the municipal government, and

  • (ii) the public utility service provider 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 government

municipal government means any municipal or other public body empowered to perform a function of government in a province, but does not include an independent carrier; (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)

public utility service provider

public utility service provider means a provider of telecommunications services that is organized as a municipal service board, a public utility commission or another similar body that is a part of a municipal government but is distinct from its governing body. (fournisseur de services publics)