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.
On 3 November 2020, Heritage Minister 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 on 23 June 1936, and was subsequently updated in 1958. The 1958 Act created the Board of Broadcast Governors (BBG) to replace the Canadian Broadcasting Corporation 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. This would be the last major reform of the Broadcasting Act—prior to the wide availability of the Internet.
Canadian Radio Broadcasting Act, 1932 & 1933
In 1932, Prime Minister R. B. Bennett established a parliamentary committee, 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 (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 on 23 June 1936 and created the CBC as the regulator for broadcasting in Canada.