Broadcasting Act (Canada)

Canadian law regarding broadcasting and telecommunications

The Broadcasting Act , given royal assent on 1 February 1991, is an act of the Parliament of Canada regarding broadcasting of telecommunications in the country. The Broadcasting Act outlines broadcasting policy of Canada; defines the role of the Canadian Radio television and Telecommunications Commission (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. 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. This would be the last major reform of the Broadcasting Act—prior to the wide availability of the Internet. 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. In mid September later that year, the Governor in Council 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." 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. On 13 December 2019, the mandate letters for the minister of Canadian heritage and the minister of industry included commitments to modernize the Broadcasting Act and to ensure that "internet giants" contribute to Canadian content in both official languages.

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 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 professor Michael Geist 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, Some critics have also argued that the intent of the bill was to allow a regulatory framework for the removal of copyright infringing content. On September 22, 2022 at Bill 11's second reading, Senator Paula Simon reported on the Canadian Senate Standing Committee on Transport and Communication's (TRCM) review of Bill 11.