They can be as cunning as they want; it's illegal. The broadcaster is currently not entitled to negotiate resale rights. Even if it wanted to, it's illegal. The only case in which there can be resale rights is when it produces a program itself. Furthermore, if it contracts it to an independent producer, according to the Canadian Television Fund rules, it is not authorized to negotiate resale rights.
On May 25th, 2007. See this statement in context.