Online Streaming Act (S.C. 2023, c. 8)

47 Paragraph 118(3)(a) of the Act is replaced by the following:

Transitional Provisions

Marginal note:Definitions

• 48 (1) The following definitions apply in this section and sections 49 to 52.

  new Act

  new Act means the Broadcasting Act as it reads as of the royal assent day. (nouvelle loi)

  old Act

  old Act means the Broadcasting Act as it read immediately before the royal assent day. (ancienne loi)

  royal assent day

  royal assent day means the day on which this Act receives royal assent. (date de sanction)

• Marginal note:Words and expressions

  (2) Unless otherwise provided, words and expressions used in sections 49 to 52 have the same meanings as in the Broadcasting Act.

Marginal note:Conditions and requirements — deemed order

• 49 (1) Each of the following is deemed to be a condition imposed under an order, made under section 9.1 of the new Act, that applies only with respect to a particular licensee:

  • (a) a condition of their licence imposed under section 9 of the old Act that, as of the royal assent day, could not be made the subject of an order under subsection 11.1(2) of the new Act;

  • (b) a requirement imposed on the licensee under any of paragraphs 9(1)(f) to (h) of the old Act.

• Marginal note:Regulations — deemed order

  (2) Any regulation made under paragraph 10(1)(a) or 10(1)(i) of the old Act is deemed to be an order made under section 9.1 of the new Act.

Marginal note:Expenditures — deemed regulations

• 50 (1) The following are deemed to be regulations made under subsection 11.1(1) of the new Act:

  • (a) any terms and conditions imposed under an order made under subsection 9(4) of the old Act that, as of the royal assent day, could be the subject of such regulations; and

  • (b) any regulations made under subsection 10(1) of the old Act that, as of the royal assent day, could be made under subsection 11.1(1) of the new Act.

• Marginal note:Expenditures — deemed order

  (2) Any condition of a licensee’s licence that, as of the royal assent day, could be made the subject of an order under subsection 11.1(2) of the new Act is deemed to be a provision of such an order that applies only with respect to the licensee.

Marginal note:Section 28

• 51 (1) Section 28 of the old Act continues to apply with respect to any decision of the Commission to issue, amend or renew a licence that is made before the royal assent day.

• Marginal note:Interim licences

  (2) A person is not permitted to make a petition — and the Governor in Council is not permitted to make an order — under subsection 28(1) of the new Act with respect to a decision to renew a licence made by the Commission during the transition period if the Commission specifies, in renewing that licence, that it is an interim licence and if its term is for no more than one year.

• Marginal note:Definition of transition period

  (3) In subsection (2), transition period means the period beginning on the royal assent day and ending on the second anniversary of that day.

Marginal note:Validation of expenditures

• 52 (1) The expenditures described in subsection (2) are deemed to have been validly required by the Commission under the old Act.

• Marginal note:Expenditures

  (2) Subsection (1) applies with respect to the expenditures — including, for greater certainty, the contributions — that were made by a broadcasting undertaking before the royal assent day under

  • (a) a condition of a licence issued under the old Act;

  • (b) a term or condition of an order made under subsection 9(4) of that Act; or

  • (c) regulations made under section 10 of that Act.

Review

Marginal note:Review of Act

• 53 (1) During the fifth year after the day on which this Act receives royal assent, and during the fifth year after a report is submitted under subsection (2), a comprehensive review of the amendments to the Broadcasting Act that are made by this Act and of their operation must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.

• Marginal note:Report

  (2) The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends.

Coming into Force

Marginal note:Order in council

54 Subsections 40(2) to (4) come into force on a day to be fixed by order of the Governor in Council.