SOR/85-62719856

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20196

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BROADCASTING ACTDirection to the CRTC (Ineligibility to Hold Broadcasting Licences)Order Issuing a Direction to the Canadian Radio-Television and Telecommunications Commission Respecting Ineligibility to Hold Broadcasting LicencesP.C.1985-210819856

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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

1This Order may be cited as the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences).

Interpretation

2For the purposes of this Order,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 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 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 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 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 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)SOR/97-231, s. 1; SOR/2007-73, s. 1; SOR/2009-103, s. 1

Direction

3The 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.

4Notwithstanding section 3, the Commission may, on application, issue or grant a renewal of a distribution undertaking licence to an applicant of the class referred to in paragraph 3(c) or to any applicant that, as determined by the Commission, is directly controlled by the governing body of a municipal government where the Commission is satisfied that(a)a refusal to issue or grant a renewal of the licence would be contrary to the public interest; and(b)the community programming to be provided by the applicant under the licence would afford a reasonable opportunity for the expression of differing views on matters of public concern.SOR/2007-73, s. 2

5Nothing 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.