An Act to establish the Canadian Radio-television and Telecommunications
- Short title
This Act may be cited as the Canadian Radio-television and
Telecommunications Commission Act.
[1974-75-76, c.49, s.1.]
- 2.In this Act,
- has the same meaning as in the Broadcasting Act;
- means the Chairman of the Commission designated
by the Governor in Council pursuant to
- means the Canadian Radio-television and Telecommunications Commission;
- means a member of the Commission and includes
a full-time member and a part-time member;
- means the Minister of Communications;
- "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;
- means any Vice-Chairman of the Commission
designated by the Governor in Council pursuant to
ESTABLISHMENT AND CONSTITUTION OF COMMISSION
- Commission established
- 3. (1)
There is hereby established a commission, to be known as
the Canadian Radio-television and Telecommunications Commission,
consisting of not more than thirteen full-time members and not
more than six part-time members, to be appointed by the Governor
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.
a member is eligible for reappointment.
[R.S., 1985, c.C-22, s.3; 1991, c.11, s.76.]
- Duties of full-time members
A full-time member shall devote the whole of his time to the
performance of his duties under this Act.
[1974-75-76, c.49, s.4.]
- 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,
is engaged in a telecommunications undertaking; or
has any pecuniary or proprietary interest in
a telecommunications undertaking, or
the manufacture or distribution of telecommunication apparatus,
except where the distribution is incidental to the general merchandising
of goods by wholesale or retail.
- 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.
[1974-75-76, c.49, s.5.]
CHAIRMAN AND VICE-CHAIRMEN
- Chairman and Vice-Chairmen
- 6. (1)
The Governor in Council shall designate one of the full-time
members to be Chairman of the Commission and two of the full-time
members to be Vice-Chairmen of the Commission.
- Chairman chief executive officer
The Chairman 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.
- Chairman's absence, incapacity or office vacant
In the event of the absence or incapacity of the Chairman
or if the office of Chairman is vacant, the Commission may authorize
one of the Vice-Chairmen to exercise the powers and to perform
the duties and functions of the Chairman.
- Acting Chairman
The Commission may authorize one or more of its full-time
members to act as Chairman for the time being if the Chairman
and both Vice-Chairmen are absent or unable to act or if the office
of Chairman and each office of Vice-Chairman are vacant.
[1974-75-76, c.49, s.6.]
- Salaries and fees
- 7. (1)
Each full-time member shall be paid a salary to be fixed
by the Governor in Council and each part-time member shall be
paid such fees for attendances at meetings of the Commission or
any committee thereof or at any public hearing before the Commission
that the part-time member is requested by the Chairman to attend
as are fixed by by-law of the Commission.
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.
[1974-75-76, c.49, s.7.]
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.
- Full-time members' superannuation
- 9. (1)
The full-time members of the Commission shall be deemed
to be persons employed in the Public Service for the purposes
of the Public Service Superannuation Act.
For the purposes of any regulations made pursuant to section 9
of the Aeronautics Act, the full-time members of the Commission
shall be deemed to be persons employed in the public service of Canada.
[1974-75-76, c.49, s.9.]
OFFICES, MEETINGS AND RESIDENCE
- Head 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.
- 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.
The Commission shall meet at least six times in each year.
A majority of the full-time members from time to time in office
and a majority of the part-time members from time to time in office
constitute a quorum of the Commission.
- 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.
- Residence of members
- 10.1 (1)
Subject to subsection (2), the full-time members of the
Commission shall reside in the National Capital Region as described
in the schedule to the National Capital Act or within such distance
thereof as may be determined by the Governor in Council.
Where a regional office of the Commission is established under
a full-time member of the Commission who is
designated for the purposes of this section by the Governor in
Council shall reside in the region and within such distance of
the regional office as may be determined by the Governor in Council.
- By-laws of Commission
- 11. (1)
The Commission may make by-laws
respecting the calling of meetings of the Commission;
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
the fees to be paid to part-time members for attendances at
meetings of the Commission or any committee thereof or at public
hearings before the Commission that they are requested by the
Chairman to attend, and
the travel and living expenses to be paid to members.
- 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.
[1974-75-76, c.49, s.11.]
OBJECTS, POWERS, DUTIES AND FUNCTIONS
- In relation to broadcasting
- 12. (1)
The objects and powers of the Commission in relation to
broadcasting are as set out in the Broadcasting Act.
The full-time members of the Commission and the Chairman shall
exercise the powers and perform the duties vested in the Commission
and the Chairman, respectively, by the Telecommunications Act
or by any special Act within the meaning of the Act.
The full-time members of the Commission may
make by-laws respecting the establishment of special and standing
committees of the full-time members, the delegation of the powers,
duties and functions of the full-time members to those committees
and the fixing of quorums for meetings thereof; and
by any such by-law, provide that any act or thing done by
any such committee in the exercise of the powers or the performance
of the duties and functions so delegated to it shall be deemed
to be an act or thing done by the full-time members.
- Annual report
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
[R.S., 1985, c.C-22, s.13; 1991, c.11, s.80.]
[Repealed, 1991, c.11, s.80]
[Broadcasting Act, Chapter B-9.01, 1991, c.11, s.91]
- Full-time members of Commission
- "91. (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."
- 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."