Canadian Broadcasting
Corporation
Société Radio-Canada

CBC Radio-Canada
Law Department/Service juridique
250 avenue Lanark Avenue
C.P./P.O. Box 3220, Station 'C'
Ottawa, Ontario
K1Y 1 E4
Tel: (613) 724-5373
Fax: (613) 724-5453

BY FAX: (613) 946-6198

December 11, 2001

Ms. Andrée Delagrave
Chair, Access to Information Review Task Force
Treasury Board of Canada Secretariat
85 Albert Street
Ottawa, Ontario
K1A OR5

Dear Ms. Delagrave:

Re: Access to Information and the CBC
Our file: 2002-00014

The events of September 11 in New York have brought to the fore concerns that CBC did not address in its presentation to the Task Force. These tragic events have made us all more aware of security issues and CBC has reviewed its position in this regard.

CBC is a vital link in the Canadian national emergency broadcasting network that could be put into effect pursuant to a declaration of emergency under the Emergencies Act and the Emergency Preparedness Act. In addition, s. 7 of the Radiocommunication Act provides:

(1) Her Majesty may assume and, for any length of time, retain possession of any radio station and all things necessary to the sufficient working of it and may, for the same time, require the exclusive service of the operators and other persons employed in working the station.

Control by Government

(2) The person who owns or controls the station of which possession is assumed pursuant to subsection (1) shall give up possession of it and the operators and other persons employed as described in that subsection shall during the time of possession thereunder, diligently and faithfully obey such orders, and transmit and receive such signals, calls and radiograms, as they are required to receive and transmit by any duly authorized officer of the Government of Canada.

While these powers would only be exercised in an emergency situation, we have now experienced just such a situation and must be vigilant in protecting the security of the broadcasting system.

CBC's concern with respect to the application of the Access to Information Act concerns access to the location of vital elements of CBC's distribution system, such as the location of emergency transmitters, software used in such distribution and to particular elements of emergency preparedness planning. Should such information be accessible pursuant to the Access to Information Act, its revelation could facilitate sabotage of the system and clearly undermine the capacity of the CBC to act as a key part of the Canadian emergency broadcasting system.

We urgently request you to reflect CBC concerns in this regard in your report and we wish to reiterate that the CBC is of the view that it should continue to be exempt from the legislation. Should you have any questions or require more information, please do not hesitate to contact me.

Yours truly,

Edith Cody-Rice
Senior Legal Counsel

cc: Michel Tremblay
Sheila Gervais

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