Broadcasting Act (Canada)

Broadcasting Act (Canada)
Short title	Broadcasting Act
Long title	An Act respecting broadcasting and to amend certain Acts in relation thereto and in relation to radiocommunication
Citation	S.C. 1991, c. 11
Enacted by	Parliament of Canada
Date assented	February 1, 1991
Date commenced	June 4, 1991
Bill	C-40
Status	Amended

Broadcasting Act (Canada). The Broadcasting Act is the principal legislation governing the Canadian broadcasting system, establishing its legal foundation and core policy objectives. Enacted in 1991, it succeeded the original 1968 statute, modernizing the framework for a system that includes public, private, and community elements. The Act declares that the system should be owned and controlled by Canadians and serve to safeguard, enrich, and strengthen the cultural, political, social, and economic fabric of the nation.

History and development

The origins of federal broadcasting policy trace back to the 1929 Aird Commission, which recommended a publicly owned national system, leading to the creation of the Canadian Radio Broadcasting Commission in 1932. This public service ethos was solidified with the establishment of the Canadian Broadcasting Corporation under the 1936 Broadcasting Act. The pivotal 1968 Act, influenced by the Royal Commission on Broadcasting (the Fowler Commission), created the Canadian Radio-television and Telecommunications Commission as a powerful regulator. The 1991 Act was a comprehensive update, responding to technological changes like satellite delivery and the rise of specialty channels, while reaffirming core cultural sovereignty principles in the face of increasing cross-border signals from the United States.

Key provisions and regulatory framework

The Act sets out the overarching broadcasting policy for Canada, stating the system should provide a balanced service of information, enlightenment, and entertainment. It mandates that programming should be predominantly created by Canadians, reflect Canadian circumstances, and be in English and French. The legislation outlines the specific roles and mandates for the public broadcaster, the Canadian Broadcasting Corporation, and for private broadcasters. It provides the statutory authority for the regulator to issue licenses, establish conditions of service, and hold public hearings. The framework also addresses the use of radio frequencies, which are considered public property.

Canadian content requirements

A central pillar of the Act is the promotion and exhibition of Canadian creative expression. It empowers the regulator to formulate and enforce specific Canadian content (CanCon) regulations for television and radio. These rules require broadcasters to devote a minimum percentage of their programming schedule and expenditure to Canadian programs. The system utilizes a points-based certification tool, developed in consultation with groups like the Directors Guild of Canada and the Writers Guild of Canada, to determine what qualifies as Canadian. The objectives are to ensure the visibility of Canadian stories, music, and perspectives, supporting industries from Toronto to Vancouver.

Role of the Canadian Radio-television and Telecommunications Commission (CRTC)

The Act designates the Canadian Radio-television and Telecommunications Commission as the independent administrative tribunal responsible for implementing and administering broadcasting policy. The CRTC exercises this authority by licensing broadcasting undertakings, from major networks like CTV Television Network to community stations. It conducts extensive public proceedings, such as those for license renewals or policy reviews, inviting participation from entities like Bell Media and Rogers Communications. The Commission also regulates aspects of program distribution, including the carriage of channels on cable and satellite systems, and adjudicates disputes between industry players under the Act's provisions.

Amendments and modernization efforts

The Act has been amended several times, including through the 1993 removal of the Canadian Broadcasting Corporation's explicit parliamentary appropriation guarantee. The most significant modernization effort culminated in the passage of Bill C-11, the Online Streaming Act, in 2023. This amendment updated the Act to explicitly cover online streaming undertakings, such as Netflix and Spotify, bringing them under the regulatory ambit of the CRTC for the first time. Earlier legislative attempts, including Bill C-10 in the previous Parliament, had sparked intense debate about regulating user-generated content on platforms like YouTube and TikTok.

Impact and criticism

The Act is widely credited with sustaining a distinct Canadian broadcasting ecosystem, fostering domestic production centers and supporting cultural institutions like the National Film Board of Canada. However, it has faced persistent criticism from commercial broadcasters who argue that CanCon rules are costly and inflexible in a digital age. Consumer advocates and some academics have questioned the effectiveness of its cultural protection goals given pervasive access to American media. The recent expansion to online streaming has ignited fresh debates about regulatory overreach, the definition of Canadian content, and the global competitiveness of firms like Quebecor in markets dominated by international Silicon Valley giants.

Category:Canadian federal legislation Category:Broadcasting in Canada Category:1991 in Canadian law