Canadian Radio-television and Telecommunications Commission Act

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Sections90

• 1Short title

  This Act may be cited as the Canadian Radio-television and Telecommunications Commission Act.

• 2Definitions

  In this Act,

• 2[p2]

  broadcasting has the same meaning as in the Broadcasting Act; (radiodiffusion)

• 2[p3]Repealed

  Chairman[Repealed, 2001, c. 34, s. 30]

• 2[p4]

  Chairperson means the Chairperson of the Commission designated by the Governor in Council under subsection 6(1); (président)

• 2[p5]

  Commission means the Canadian Radio-television and Telecommunications Commission; (Conseil)

• 2[p6]Repealed

  Executive Committee[Repealed, 1991, c. 11, s. 75]

• 2[p7]

  member means a member of the Commission; (conseiller)

• 2[p8]

  Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

• 2[p9]Repealed

  radiocommunication[Repealed, 1991, c. 11, s. 75]

• 2[p10]Repealed

  telecommunication[Repealed, 1993, c. 38, s. 83]

• 2[p11]

  telecommunications undertaking means an undertaking in the field of telecommunication that is carried on in whole or in part within Canada or on a ship or aircraft registered in Canada; (entreprise de télécommunications)

• 2[p12]Repealed

  Vice-Chairman[Repealed, 2001, c. 34, s. 30]

• 2[p13]

  Vice-Chairperson means any Vice-Chairperson of the Commission designated by the Governor in Council under subsection 6(1). (vice-président)

• 3Commission established
• 3(1)

  There is established a commission, to be known as the Canadian Radio-television and Telecommunications Commission, consisting of not more than 13 members, to be appointed by the Governor in Council.

• 3(2)Tenure

  A member shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed at any time by the Governor in Council for cause.

• 3(3)Re-appointment

  Subject to section 5, a member is eligible for re-appointment.

• 4Duties of members

  A member shall devote the whole of his or her time to the performance of his or her duties under this Act.

• 5Disqualifications
• 5(1)

  A person is not eligible to be appointed or to continue as a member of the Commission if the person is not a Canadian citizen ordinarily resident in Canada or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person

• 5(1)(a)

  is engaged in a telecommunications undertaking; or

• 5(1)(b)

  has any pecuniary or proprietary interest in

• 5(1)(b)(i)

  a telecommunications undertaking, or

• 5(1)(b)(ii)

  the manufacture or distribution of telecommunication apparatus, except where the distribution is incidental to the general merchandising of goods by wholesale or retail.

• 5(2)Disposal of interest

  A member in whom any interest prohibited by subsection (1) vests by will or succession for the member’s own benefit shall, within three months thereafter, absolutely dispose of that interest.

• 6Chairperson and Vice-Chairpersons
• 6(1)

  The Governor in Council shall designate one of the members to be Chairperson of the Commission and two of the members to be Vice-Chairpersons of the Commission.

• 6(2)Chairperson chief executive officer

  The Chairperson is the chief executive officer of the Commission, has supervision over and direction of the work and staff of the Commission and shall preside at meetings of the Commission.

• 6(3)Chairperson’s absence, incapacity or office vacant

  In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Commission may authorize one of the Vice-Chairpersons to exercise the powers and to perform the duties and functions of the Chairperson.

• 6(4)Acting Chairperson

  The Commission may authorize one or more of its members to act as Chairperson if the Chairperson and both Vice-Chairpersons are absent or unable to act or if the office of Chairperson and each office of Vice-Chairperson are vacant.

• 7Salaries and fees
• 7(1)

  Each member shall be paid a salary to be fixed by the Governor in Council.

• 7(2)Expenses

  Each member is entitled to be paid such travel and living expenses incurred in the performance of his duties as are fixed by by-law of the Commission.

• 8Appointment

  The officers and employees necessary for the proper conduct of the Commission’s business shall be appointed in accordance with the Public Service Employment Act.

• 9Members’ superannuation
• 9(1)

  The members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act.

• 9(2)Compensation

  For the purposes of any regulations made under section 9 of the Aeronautics Act, the members of the Commission are deemed to be persons employed in the federal public administration.

• 10Head office
• 10(1)

  The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act or at such other place within Canada as may be designated by the Governor in Council.

• 10(1.1)Regional offices

  The Governor in Council may direct the Commission to establish an office of the Commission in any region of Canada and the Commission shall comply with any such direction.

• 10(2)Meetings

  The Commission shall meet at least six times in each year.

• 10(3)Quorum

  A majority of the members in office constitute a quorum of the Commission.

• 10(4)Telephone conferences

  A member may, subject to the by-laws of the Commission, participate in a meeting of the Commission or a committee of the Commission by means of such telephone or other communication facilities as permit all persons participating in the meeting to hear each other, and a member who participates in such a meeting by those means is deemed for the purposes of this Act to be present at the meeting.

• 10.1Residence of members
• 10.1(1)

  Subject to subsection (2), the members of the Commission shall reside in the National Capital Region as described in the schedule to the National Capital Act or within any distance of it that may be determined by the Governor in Council.

• 10.1(2)Residence of members — regional office

  If a regional office of the Commission is established under subsection 10(1.1), a member of the Commission who is designated for that region by the Governor in Council shall reside in that region and within any distance of that regional office that may be determined by the Governor in Council.

• 11By-laws of Commission
• 11(1)

  The Commission may make by-laws

• 11(1)(a)

  respecting the calling of meetings of the Commission;

• 11(1)(b)

  respecting the conduct of business at meetings of the Commission, the establishment of special and standing committees of the Commission, the delegation of duties to those committees and the fixing of quorums for meetings thereof; and

• 11(1)(c)

  fixing the travel and living expenses to be paid to members.

• 11(2)By-law subject to Minister’s approval

  No by-law made under paragraph (1)(c) has any effect unless it has been approved by the Minister.

• 12In relation to broadcasting
• 12(1)

  The objects and powers of the Commission in relation to broadcasting are as set out in the Broadcasting Act.

• 12(1.1)Digital news

  The Commission exercises the powers and performs the duties and functions conferred on it under the Online News Act.

• 12(2)Telecommunications

  The full-time members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or any special Act, as defined in subsection 2(1) of that Act, or by An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.

• 12(3)By-laws

  The members of the Commission may make by-laws

• 12(3)(a)

  respecting the establishment of special and standing committees of the members, the delegation of the powers, duties and functions of the members to those committees and the fixing of quorums for meetings of those committees; and

• 12(3)(b)

  providing that any act or thing done by those committees in the exercise of the powers or the performance of the duties and functions delegated to it are deemed to be an act or thing done by the members.

• 13Annual report
• 13(1)

  The Commission shall, within three months after the end of each fiscal year, submit to the Minister a report, in such form as the Minister may direct, on the activities of the Commission for that fiscal year, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

• 13(1.1)Online News Act

  The report must include the contents of the annual auditor’s report prepared under section 86 of the Online News Act.

• 13(2)Broadcasting Act

  The report must include information about the following in respect of the fiscal year, including their number:

• 13(2)(a)

  inquiries conducted under subsection 12(1) of the Broadcasting Act in relation to the identification, prevention and removal of barriers;

• 13(2)(b)

  inquiries conducted under that subsection in relation to sections 42 to 44 of the Accessible Canada Act;

• 13(2)(c)

  orders made under subsection 12(2) of the Broadcasting Act in relation to the identification, prevention and removal of barriers;

• 13(2)(d)

  orders made under that subsection in relation to sections 42 to 44 of the Accessible Canada Act;

• 13(2)(e)

  notices of violation issued under section 34.8 of the Broadcasting Act in relation to contraventions of a regulation or order made under Part II of that Act in relation to the identification, prevention and removal of barriers; and

• 13(2)(f)

  notices of violation issued under section 34.8 of the Broadcasting Act in relation to contraventions of any of subsections 42(1) to (4) and (7), 43(1) to (3) and 44(1) to (3) and (6) of the Accessible Canada Act.

• 13(3)Telecommunications Act

  The report must include information about the following in respect of the fiscal year, including their number:

• 13(3)(a)

  inspections conducted under section 71 of the Telecommunications Act in relation to compliance with decisions made under that Act in relation to the identification, prevention and removal of barriers;

• 13(3)(b)

  inspections conducted under that section in relation to compliance with sections 51 to 53 of the Accessible Canada Act;

• 13(3)(c)

  orders made under section 51 of the Telecommunications Act in relation to the identification, prevention and removal of barriers;

• 13(3)(d)

  orders made under that section in relation to sections 51 to 53 of the Accessible Canada Act;

• 13(3)(e)

  notices of violation issued under section 72.005 of the Telecommunications Act in relation to contraventions of decisions made under that Act in relation to the identification, prevention and removal of barriers;

• 13(3)(f)

  notices of violation issued under that section in relation to contraventions of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act;

• 13(3)(g)

  inquiries conducted under subsection 48(1) of the Telecommunications Act in relation to the identification, prevention and removal of barriers; and

• 13(3)(h)

  inquiries conducted under subsection 48(1.1) of that Act.

• 13(4)Observations and prescribed information

  The report must include

• 13(4)(a)

  observations about whether the information referred to in subsections (2) and (3) discloses any systemic or emerging issues related to the identification and removal of barriers, and the prevention of new barriers; and

• 13(4)(b)

  any information respecting the identification, prevention and removal of barriers that is prescribed by regulations made under subsection (5).

• 13(5)Regulations

  The Governor in Council may make regulations for the purposes of paragraph (4)(b).

• 13(6)Definition of barrier

  In this section, barrier has the same meaning as in section 2 of the Accessible Canada Act.

• 14Repealed

  [Repealed, 1991, c. 11, s. 80]

• 91Full-time members of Commission
• (1)

  Every person holding office as Chairman, Vice-Chairman or full-time member of the Commission immediately before the coming into force of section 76 shall continue in office and be deemed to have been appointed under section 3 of the Canadian Radio-television and Telecommunications Commission Act, as amended by this Act, to hold office for the remainder of the term for which the person had been appointed before the coming into force of section 76.

• (2)Part-time members of Commission

  The part-time members of the Commission holding office immediately before the coming into force of section 76 shall cease to hold office on the coming into force of that section.

• 90
• (1.1)Online News Act