Monday, January 09, 2006 4:18:49 PM
Unlike the newspaper industry, the broadcasting sector is subject to federal regulation of its ownership. The Broadcasting Act defines legislation affecting programming content, artistic talent, employment practices and ownership criteria.
Paramount in this legislation is the need to preserve and promote broadcasting outlets that are Canadian-owned and –operated (section 3(1)(a)). The Act applies to any broadcast undertaking carried on in whole or in part within Canada (section 4(2)).
The Act defines appropriate practices for all radio and television broadcasting across the country; and it gives the Canadian Radio-television and Telecommunications Commission (CRTC) the power to develop and enforce ownership regulations. The CRTC regulations include a framework for licensing, and also define what constitutes Canadian ownership.
The CRTC document Broadcasting Rules of Procedure, released in conjunction with the Broadcasting Act, outlines the process of obtaining or renewing a broadcast licence. The document also explains how to lodge a complaint with the CRTC; how a public hearing is set up; the rules for changing broadcast ownership; and other useful information on broadcast licensing.
According to the CRTC Directive on the Ineligibility of Non-Canadians: "no broadcasting licence may be issued, and no amendments or renewals thereof may be granted, to an applicant that is a non-Canadian." A "non-Canadian" is defined as any broadcaster whose foreign ownership exceeds 33.3 per cent of voting shares at the holding-company level. Foreign ownership of the company responsible for programming (the broadcast licence holder) is restricted to 20 per cent.
http://www.media-awareness.ca/english/resources/legislation/canadian_law/federal/broadcasting_act/br...
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