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The ''Broadcasting Act'', given
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 1 February 1991, is an act of the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, ...
regarding
broadcasting Broadcasting is the distribution of audio or video content to a dispersed audience via any electronic mass communications medium, but typically one using the electromagnetic spectrum (radio waves), in a one-to-many model. Broadcasting began wi ...
of
telecommunications Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that ...
in the country. The ''Broadcasting Act'' outlines broadcasting policy of Canada; defines the role of the
Canadian Radio-television and Telecommunications Commission The Canadian Radio-television and Telecommunications Commission (CRTC; french: Conseil de la radiodiffusion et des télécommunications canadiennes, links=) is a public organization in Canada with mandate as a regulatory agency for broadcast ...
(CRTC) as the broadcasting regulator; and sets out the mandate of CBC/Radio-Canada. The stated goal of the ''Broadcasting Act'' is to maintain Canada's cultural fabric—thereby strengthening its economic, political, and social structures—by supporting the country's creative industries and ensuring the availability and accessibility of Canadian music and stories, among other things. On 3 November 2020,
Heritage Minister A culture minister or a heritage minister is a common cabinet position in governments. The culture minister is typically responsible for cultural policy, which often includes arts policy (direct and indirect support to artists and arts organizatio ...
Steven Guilbeault introduced legislation ( Bill C-10) that would update the ''Act'' to include online broadcasting services.


History

The first version of the ''Broadcasting Act'' received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 23 June 1936, and was subsequently updated in 1958. The 1958 Act created the
Board of Broadcast Governors The Board of Broadcast Governors (BBG) was an arms-length Government of Canada agency. It was created in 1958 by amending the ''Broadcast Act'' to regulate television and radio broadcasting, originally taking over that function from the CBC. ...
(BBG) to replace the
Canadian Broadcasting Corporation The Canadian Broadcasting Corporation (french: Société Radio-Canada), branded as CBC/Radio-Canada, is a Canadian public broadcaster for both radio and television. It is a federal Crown corporation that receives funding from the governmen ...
as the regulator for broadcasting in Canada. In 1968, the ''Broadcasting Act'' would be updated yet again, this time creating the Canadian Radio-television and Telecommunications Commission (CRTC) to replace the BBG. The 1968 legislation would receive amendments in 1991, whereupon it would become the present-day legislation.Archives Canada Online Database
Accessed 17 July 2011.
This would be the last major reform of the ''Broadcasting Act''—prior to the wide availability of the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
.


''Canadian Radio Broadcasting Act'', 1932 & 1933

In 1932, Prime Minister
R. B. Bennett Richard Bedford Bennett, 1st Viscount Bennett, (July 3, 1870 – June 26, 1947), was a Canadian lawyer, businessman, philanthropist, and politician who served as the 11th prime minister of Canada from 1930 to 1935. Bennett was born in ...
established a
parliamentary committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
, the Special Committee on Radio Broadcasting, to hold hearings in order to determine the major concerns facing Canadian broadcasters, upon which the committee would make subsequent recommendations. In March and April, the Committee heard from various witnesses who made arguments regarding federal versus provincial control, as well as private versus public broadcasting. The Committee reported to Parliament in May, presenting a short report that emphasized the importance of radio broadcasting in regard to national needs related to educational, social, and cultural development. The Committee suggested the development of a new public broadcasting system that would include: a) nationally-owned high-powered stations, and b) secondary, low-powered stations to be used for community, educational, and experimental purposes. This new system would receive revenue from both advertising and licensing fees, and would be run by a three-person commission (as well as provincially-appointed assistant commissioners) that has the authority to regulate all aspects of the system. On 26 May 1932, the Bennett government passed the ''Canadian Radio Broadcasting Act'', largely based on the recommendations of the Committee. This Act would create the first broadcasting regulatory body in Canada, the
Canadian Radio Broadcasting Commission The Canadian Radio Broadcasting Commission (CRBC), also referred to as the Canadian Radio Commission (CRC), was Canada's first public broadcaster and the immediate precursor to the Canadian Broadcasting Corporation. Origins The CRBC was establis ...
(CRBC), tasked with regulating and controlling all Canadian broadcasting, as well as with establishing a national service. The Act also stated that the air is a public asset and therefore the government has a role to play in monitoring its use. Amendments were made to the ''Canadian Radio Broadcasting Act'' the following year, making the CRBC accountable to Cabinet rather than Parliament, and thus giving the Commission more power over hiring decisions, revenue spending, and station purchases. One of the first major decisions of CRBC would be to place a 40% limit on foreign programs.


''Broadcasting Act'', 1936 & 1949

In 1936, C. D. Howe was appointed as the minister responsible for broadcasting, and in March, creates a new parliamentary committee on radio broadcasting that looks into the general performance of the CRBC. On May 26, the Committee tables its report, advocating a) the creation of a national corporation to oversee public broadcasting; b) making this new corporation the regulatory authority over broadcasting; and c) greater co-operation between this new public corporation and private radio stations The following month, Howe introduces the Canadian ''Broadcasting Act'' to create a new broadcasting agency and dissolve the CRBC. This legislation received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 23 June 1936 and created the CBC as the regulator for broadcasting in Canada. In 1949, a Royal Commission on National Development in the Arts, Letters and Sciences (or the Massey Commission) is created, with the mandate to study radio and television broadcasting in Canada. Tabling its report, one of the suggestions made by the Commission would be to provide more funds to the CBC via a
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
grant Grant or Grants may refer to: Places *Grant County (disambiguation) Australia * Grant, Queensland, a locality in the Barcaldine Region, Queensland, Australia United Kingdom * Castle Grant United States * Grant, Alabama * Grant, Inyo County, ...
in order to resolve the corporation's negative financial situation. In accordance with this advice, among others, the ''Broadcasting Act'' is amended, providing the CBC with a statutory grant for five years.


''Broadcasting Act'', 1958 & 1968

On 18 August 1958, the Diefenbaker government introduced a new ''Broadcasting Act''. This legislation would include a plan to create a new regulatory body called the
Board of Broadcast Governors The Board of Broadcast Governors (BBG) was an arms-length Government of Canada agency. It was created in 1958 by amending the ''Broadcast Act'' to regulate television and radio broadcasting, originally taking over that function from the CBC. ...
(BBG) as well as to re-establish the role of the CBC, thereby making the main method of public intervention in broadcasting be done via regulation. The new Act would also affirm that, though the CBC operates a national service, the BBG would be in charge of the national system; therefore, the CBC must report to both its Minister and the BBG. Moreover, it would make private and public broadcasting services be seen as equal, and place a 25% limit on foreign ownership. In 1961, a Special Committee on Broadcasting is formed once again. One of the issues to be addressed by the Committee would be the prevalence of a new technology called
community antenna television Cable television is a system of delivering television programming to consumers via radio frequency (RF) signals transmitted through coaxial cables, or in more recent systems, light pulses through fibre-optic cables. This contrasts with broa ...
, in which wired systems take
over-the-air programming Over-the-air programming (OTA programming) refers to various methods of distributing new software, configuration settings, and even updating encryption keys to devices like mobile phones, set-top boxes, electric cars or secure voice communication ...
and retransmit them to households via cable. The BBG's chair, among others, question whether cable could be considered as a type of broadcasting, while CBC president
Alphonse Ouimet Joseph-Alphonse Ouimet, (June 12, 1908 – December 20, 1988) was a Canadian television pioneer and president of the Canadian Broadcasting Corporation (CBC) from 1958 to 1967 Born in Montreal, he received a degree in electrical engineering fr ...
argued that the definition of broadcasting found in the ''Broadcasting Act'' ought to be expanded to include cable. Another suggestion would be to redefine the concept of broadcasting itself, changing it from something that is associated with the transmission and control of airwaves to the actual "end effect," whereby what really matters is the end reception of programs by households. Considering these issues, the Committee would suggest a
reference Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a '' name'' ...
to the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
on questions regarding a) constitutional jurisdiction over cable (i.e., wired systems), and b) whether such systems can be deemed as broadcasting under the ''Broadcasting Act''. Finally, in 1963, Douglas Fisher introduced amendments to the ''Broadcasting Act'' to cover "any system operated for a profit that took out of the air
Hertzian waves Radio waves are a type of electromagnetic radiation with the longest wavelengths in the electromagnetic spectrum, typically with frequencies of 300 gigahertz ( GHz) and below. At 300 GHz, the corresponding wavelength is 1 mm ( ...
and rebroadcast them to wired systems in homes." Cable systems remain unregulated at this time and their growth continues to depend solely on the market. In March 1964, a committee consisting of BBG and
Department of Transport The Department for Transport (DfT) is a department of His Majesty's Government responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland that have not been devolved. The d ...
members suggests that one way to reassert federal jurisdiction for cable is to expand the mandate of the BBG. By extending the "objects and purposes" of the ''Act'' to include both stations that receive
commercial broadcasting Commercial broadcasting (also called private broadcasting) is the broadcasting of television programs and radio programming by privately owned corporate media, as opposed to state sponsorship. It was the United States′ first model of radio (a ...
and stations that feed cable
relay systems A relay Electromechanical relay schematic showing a control coil, four pairs of normally open and one pair of normally closed contacts An automotive-style miniature relay with the dust cover taken off A relay is an electrically operated switch ...
, the BBG can regulate these entities so that they perform in a way "consistent with the public interest in the reception of a varied and comprehensive broadcasting service." In May, a Special Advisory Committee on Broadcasting is created to study the ''Broadcasting Act'' and recommend changes. On 17 October 1967, the Canadian government introduced legislation designed to establish "a statutory policy for broadcasting in Canada and to assign the responsibility for interpretation and implementation of that policy to an independent public authority." Among other things, the bill sought to establish a new regulatory authority, the Canadian-Radio Television Commission (CRTC), as well as laying the groundwork for the imminent regulation of cable by including the term "broadcasting undertaking" to include both transmitting and receiving enterprises. The ''Broadcasting Act'' is passed on 7 February 1968, becoming law on April 1. As part of the new legislation, the newly created CRTC would replace the BBG as the entity to oversee all aspects of the Canadian broadcasting system.


1970s to 1990s

On 15 January 1970, CRTC Chair
Pierre Juneau Pierre Juneau, , (October 17, 1922 – February 21, 2012) was a Canadian film and broadcast executive, a one-time member of the Canadian Cabinet, the first chairman of the Canadian Radio-television and Telecommunications Commission (CRTC) an ...
stated that regulating cable under a federal regulatory authority was in accordance with the objectives of the ''Broadcasting Act''. In 1973, with
Gérard Pelletier Gérard Pelletier, (June 21, 1919 – June 22, 1997) was a Canadian journalist and politician. Career Pelletier initially worked as a journalist for ''Le Devoir'', a French-language newspaper in Montreal, Quebec. In 1961 he became editor-i ...
as Minister of Communications, the Canadian government published a
green paper In the United Kingdom, the Commonwealth countries, Hong Kong, the United States and the European Union, a green paper is a tentative government report and consultation document of policy proposals for debate and discussion. A green paper represen ...
titled "Proposals for a Communications Policy for Canada." The paper warns against
direct broadcast satellite Satellite television is a service that delivers television programming to viewers by relaying it from a communications satellite orbiting the Earth directly to the viewer's location. The signals are received via an outdoor parabolic antenna comm ...
s and
computer systems A computer is a machine that can be programmed to carry out sequences of arithmetic or logical operations (computation) automatically. Modern digital electronic computers can perform generic sets of operations known as programs. These program ...
following the path of cable, which had gone unregulated for years before it finally came under the ''Broadcasting Act''. The 1968 Act would receive amendments in 1991, whereupon it would become the current Act. This would be the last major reform of the ''Broadcasting Act''—prior to the wide availability of the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
.


Structure

The ''Broadcasting Act'' covers three main sections: a broadcasting policy for Canada; the regulatory powers of the CRTC; and the operating procedures and policies for the
Canadian Broadcasting Corporation The Canadian Broadcasting Corporation (french: Société Radio-Canada), branded as CBC/Radio-Canada, is a Canadian public broadcaster for both radio and television. It is a federal Crown corporation that receives funding from the governmen ...
. The Act imposes a Canadian-owned and controlled system of broadcasting and includes provisions regarding Canadian content in programming and production. It encourages the development of Canadian expression and the use of Canadian talent and creative resources. There is also a specific emphasis on reflecting Canada's cultural diversity: section 3 states that programming and employment opportunities should serve the needs and interests of all Canadians, and reflect their various circumstances. The ''Broadcasting Act'' emphasizes that each broadcaster is responsible for its own programs and that a high standard of programming is expected. There is no specific reference, however, to address violent programming or hate propaganda. The CRTC addresses issues of media violence, and hate messaging through its regulations for radio, television, speciality services and pay-television. If a broadcaster fails to follow the ''Broadcasting Act'' policies or regulations, the CRTC may invoke a number of penalties — such as imposing fines or limiting or denying a station's application for licence renewal.


Proposed amendments

The 1991 amendment would be the last major reform of the ''Broadcasting Act''—prior to the wide availability of the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
. In the 2017 federal budget plan, the Canadian Government proposed a review and modernization of the ''Broadcasting Act'', as well as the ''Telecommunications Act'', in order to "ensure that Canadians continue to benefit from an open and innovative Internet." In this review, the Government would "look to examine issues such as telecommunications and
content creation Content creation is the contribution of information to any media and most especially to digital media for an end-user/audience in specific contexts. Content is "something that is to be expressed through some medium, as speech, writing or any of v ...
in the digital age,
net neutrality Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of co ...
and
cultural diversity Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture, the global monoculture, or a homogenization of cultures, akin to cultural evolution. The term "cultural diversity" can also refer to having different c ...
." In mid-September later that year, the
Governor in Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of a ...
issued an order to the CRTC to create a report on "new distribution models for broadcasting, and the extent to which they will ensure a vibrant domestic market that supports Canadian content production." The report was released by CRTC the following year, on 31 May 2018, in a digital-only, interactive format. Entitled "Harnessing Change", the report recommended that all those who benefit from operations in Canada also contribute to the production of Canadian content. Following the report, in June 2018, the Government launched the "Broadcasting and Telecommunications Legislative Review," appointing an external panel to review the issues first outlined in the 2017 budget, i.e. the Canadian communication legislative framework.Broadcasting and Telecommunications Legislative Review
" Innovation, Science and Economic Development Canada. 2018 June 5.
On 13 December 2019, the
mandate Mandate most often refers to: * League of Nations mandates, quasi-colonial territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919 * Mandate (politics), the power granted by an electorate Mandate may also r ...
letters for the minister of Canadian heritage and the
minister of industry The industry minister is a cabinet position in a government. The title may refer to the head of the governmental department that specializes in industry. This position may also be responsible for trade and employment, areas that fall under the mi ...
included commitments to modernize the ''Broadcasting Act'' and to ensure that "internet giants" contribute to Canadian content in both
official languages An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...
. On 29 January 2020, the Review Panel presented their final report, titled "Canada's Communications Future: Time to Act", to
Navdeep Bains Navdeep Singh Bains (born June 16, 1977) is a Canadian politician who served as Minister of Innovation, Science and Industry from 2015 to 2021. A member of the Liberal Party, he represented the riding of Mississauga—Malton in the House of Co ...
, minister of industry, and to Steven Guilbeault, minister of Canadian heritage. In it, the Panel insists to include online broadcasters in Canada's regulatory framework. The panel also called for the end of advertising on the CBC, while recommending streaming services (like
Netflix Netflix, Inc. is an American subscription video on-demand over-the-top streaming service and production company based in Los Gatos, California. Founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California, it offers a ...
and
Amazon Prime Video Amazon Prime Video, also known simply as Prime Video, is an American subscription video on-demand over-the-top streaming and rental service of Amazon offered as a standalone service or as part of Amazon's Prime subscription. The service pr ...
) be mandated to fund the creation of
Canadian content Canadian content (abbreviated CanCon, cancon or can-con; ) refers to the Canadian Radio-television and Telecommunications Commission (CRTC) requirements, derived from the Broadcasting Act of Canada, that radio and television broadcasters (includ ...
.


Online Streaming Act

On 3 November 2020, Minister of Canadian Heritage Steven Guilbeault proposed legislation to update the ''Act'' to account for the increased prominence of
internet video Internet video (online video / cloud-based video) is the general field that deals with the transmission of digital video over the internet. Internet video exists in several formats, the most notable being MPEG-4i AVC, AVCHD, FLV, and MP3. There ...
and digital media, acting upon the urgent recommendations by the Review Panel to add ''internet undertakings'' to the regulatory oversight of the CRTC. Bill C-10 has faced mixed responses. Critics of the proposed legislation have argued that it vests an incredible amount of power to the CRTC, who are unelected regulators and receive very little guidance from Parliament or the government.
University of Ottawa The University of Ottawa (french: Université d'Ottawa), often referred to as uOttawa or U of O, is a bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ottaw ...
professor
Michael Geist Michael Allen Geist (born July 11, 1968) is a Canadian academic, the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa and a member of the Centre for Law, Technology and Society. Geist was educated at the Univer ...
acknowledged that the bill removes a number of long-standing policies from the ''Act'' that were intended to protect Canada's broadcasting system, including the requirement that all broadcasters be Canadian-owned and controlled, and the expectation that broadcasters make "maximum use, and in no case less than predominant use" of Canadian talent in programming, The removal of an exception for
user-generated content User-generated content (UGC), alternatively known as user-created content (UCC), is any form of content, such as images, videos, text, testimonials, and audio, that has been posted by users on online platforms such as social media, discussion f ...
on social media from the bill has also faced criticism for potentially enabling
internet censorship Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
; former CRTC commissioner Peter Menzies stated that "granting a government agency authority over legal user generated content — particularly when backed up by the government’s musings about taking down websites — doesn’t just infringe on
free expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, it constitutes a full-blown assault upon it and, through it, the foundations of democracy." Minister of Heritage Steven Guilbeault stated that Bill C-10 was intended to cover "professional series, films, and music", and argued that the bill included "safeguards" to protect individual users. Some critics have also argued that the intent of the bill was to allow a regulatory framework for the removal of copyright infringing content. The bill was passed by the House of Commons, but was not passed by the Senate before Parliament was dissolved. The bill was reintroduced in February 2022 as the ''Online Streaming Act''. On September 22, 2022 at Bill-11's second reading, Senator Paula Simon reported on the
Canadian Senate Standing Committee on Transport and Communication The Standing Senate Committee on Transport and Communications (TRCM) is one of the oldest standing committees of the Senate of Canada, having been first created in 1867 under the name of the Banking, Commerce and Railways Committee. In 1945, it was ...
's (TRCM) review of Bill-11.


See also

*
Canadian Broadcast Standards Council The Canadian Broadcast Standards Council (CBSC) is an industry funded self-regulating organization created by the Canadian Association of Broadcasters to administer standards established by its own members, Canada's private broadcasters. The coun ...
*
Canadian content Canadian content (abbreviated CanCon, cancon or can-con; ) refers to the Canadian Radio-television and Telecommunications Commission (CRTC) requirements, derived from the Broadcasting Act of Canada, that radio and television broadcasters (includ ...


References

{{reflist


External links


Department of Justice - Full text of the Broadcasting Act
*Video:

8:52" Innovation, Science and Economic Development Canada. Broadcasting in Canada Canadian federal legislation 1991 in Canadian law Media legislation History of mass media in Canada Department of Canadian Heritage