Bill C-10 (Historical)

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) update the broadcasting policy for Canada set out in section 3 of that Act by, among other things, providing that the Canadian broadcasting system should serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds — and should provide opportunities for Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(c) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide Indigenous language programming operate,
(ii) is fair and equitable as between broadcasting undertakings providing similar services,
(iii) facilitates the provision of programs that are accessible without barriers to persons with disabilities, and
(iv) takes into account the variety of broadcasting undertakings to which that Act applies and avoids imposing obligations on a class of broadcasting undertakings if doing so will not contribute in a material manner to the implementation of the broadcasting policy;
(d) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(e) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(f) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(g) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(h) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(i) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(j) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(k) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act.
The enactment also makes related and consequential amendments to other Acts.

Broadcasting Act

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Madam Speaker, DAZN is a streaming service that allows for people to watch the NFL and Major League Baseball, as well as soccer leagues, content that is not available by any other source online. Yet, this member is saying, as the Liberals are, that somehow the CRTC is going to be able to require these services to have Canadian content.

I would like to ask the member a question, because she said that if a broadcaster wants to get in the game, it has to play by these rules. How, precisely, will the National Football League get Canadian content sufficient enough to be able to pass this legislation? Will DAZN simply say that Canada was a great run and that it is no longer offered? What will the Liberals and this member say to their constituents when they cannot receive this content via streaming?

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Madam Speaker, this bill is actually so that we can continue to build out the system that has been coming into play. It is actually taking into account the fact that the world has changed and that new streaming services are available that we did not have many years ago when these rules were put into place. It is simply not fair to be able to have certain services, and that all of the name-brand kinds of services that people talk about, like Netflix and Spotify, should be able to profit from being here in Canada without also paying to the creation of Canadian content. When I say this, it also includes being able to support important jobs that all of our communities rely upon.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I hear my colleague say that there needs to be a sense of urgency, but what she is talking about doing is fast-tracking a bill and sending it to the CRTC, which could take up to a year for it to come back with solutions. We knew from the Yale report that Google and Facebook had taken over 75% of the market share for advertising compared to 8.5% for local newspapers like the Comox Valley Record in my riding, the Parksville Qualicum Beach News, the Alberni Valley News, the Westerly News or the Ha-Shilth-Sa, all important newspapers in my riding telling really important stories, covering really important issues.

We need the government to amend this bill, protect those newspapers and important media and make sure that these web giants are paying their fair share. They are still not paying their fair share and it is very important that the member and her government take immediate action instead of punting this down the road and expecting the CRTC to do something on this, especially with the vulnerability of these publications during COVID right now.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Madam Speaker, I am happy my friend across the way raised media, because it is absolutely important to all of our communities. I was happy that Jerry Dias of Unifor, who represents many people who work in the media industry, said that this is a good bill, but what it deals with is broadcasting reform. It would create a framework by which there would be further investments in Canadian culture and content.

However, the news media piece is also something the Minister of Canadian Heritage is working on. He has been speaking with his counterparts in Australia and France to talk about their different models so that we can take action on the very issue that was raised, and we will.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, Bill C-10 has some very good pieces of progress in it. I am certainly looking forward to studying it in committee and proposing amendments.

I want to ask the hon. parliamentary secretary whether she believes we need to improve the act to do more to define Canadian culture and creative activity. I take the point from my friend from Sherwood Park—Fort Saskatchewan that we do not just want Canadian cities used as backdrops for filming stories that are taking place in Chicago or New York. I wonder if the hon. parliamentary secretary has any comments.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Madam Speaker, the member across the way and I have had some interesting conversations about this very topic.

The point of this bill is to increase investments in Canadian culture and to level the playing field. The CRTC will ultimately be the body, as it has been all along under our existing system, to determine the set rules as far as domestic content, but—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Resuming debate, the hon. Parliamentary Secretary to the Minister of Diversity and Inclusion and Youth.

[Adam van Koeverden, Liberal, Parliamentary Secretary to the Minister of Diversity and Inclusion and Youth and to the Minister of Canadian Heritage (Sport)]

Madam Speaker, I would first begin by acknowledging that, while the House sits on the traditional territory of the Algonquin Anishinabe, I join the House from my community office here in Milton, the traditional territory of many first nations, including the Haudenosaunee, the Huron-Wendat, the Anishinabek, the Attawandaron and, more recently, the Mississaugas of the Credit First Nation.

Major changes to the Broadcasting Act occurred in 1991 and since then, we have seen the rise of the Internet and online broadcasting services, which has completely changed the ways that Canadians listen to music and watch television. The Broadcasting Act has not kept pace with these changes and as a result, online broadcasters have been left unregulated.

Bill C-10 would modernize the Broadcasting Act for the digital age. It would provide the CRTC with the tools it needs to be regulated online and to ensure that they contribute to the creation of Canadian stories and music, just as traditional broadcasters have done for decades. This will mean more funding for Canadian producers, directors, screenwriters, actors and musicians to create high-quality audio and audiovisual content. It would generate more opportunities for them to make their stories and music available to Canadians. It would mean a more fair and flexible regulatory system where comparable services are subject to similar regulatory requirements, regardless of whether they operate online or over the air.

Our approach also includes strong guardrails, where we exclude user-generated content, news content and video games from any regulation. Additionally, while these amendments apply to online broadcasters, obligations would only be imposed on those that have a material impact in Canada. In practice, this means that it would only impact common household names.

This means that Canadian music and stories will be more widely available through various broadcasting services. However, technology is not the only thing that has changed since 1991. Canadian society has also changed.

That is why, today, I want to highlight the important changes that the bill would make to the Broadcasting Act to support greater diversity for women; indigenous peoples; racialized communities; anglophones and francophones, including those who belong to official language minority communities; the LGBTQ2S community; and persons with a disability.

The bill makes it clear that we need to encourage individuals from all of these groups to express themselves and share their stories and music. It also makes it clear that these voices and stories are important and a defining part of Canadian culture.

Broadcasting plays a critical role in sharing cultures, experiences and perspectives. That is why it is so important for creators from more marginalized communities to participate in the broadcasting system.

Broadcasting is an essential medium for sharing our lived experiences with one another. By presenting content that is representative of different cultures, communities and languages, it can help build a welcoming, empathetic, compassionate and inclusive society. Broadcasting can help us celebrate our differences while strengthening the common bonds that unite our society.

Lately it has become very clear that this has become more important than ever. Recent events have shone a bright light on the fractures and inequities that still exist in this country.

The Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls both highlighted the persistent colonial, patriarchal and racist policies that resulted in generations of trauma, marginalization and abuse for indigenous peoples. The #MeToo movement made us re-examine how we support victims of sexual abuse and sexual harassment, and it underscored how important it is for us to work harder to address elements in our culture that perpetrate gender inequity and inequality.

We have more work to do to ensure that all gender identities and gender expressions are recognized and respected. We need to continue to strive for equality and acceptance for all two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex, and asexual people. The Black Lives Matter movement has drawn attention to systemic racism that continues to result in discrimination, aggression, oppression and violence against the Black community—

[The Speaker, Liberal, Anthony Rota]

I am going to interrupt the hon. member, as it is two o'clock. The hon. member will have five minutes and 22 seconds remaining when we return from question period and take up this topic again.

The House resumed consideration of the motion that Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

[Adam van Koeverden, Liberal, Parliamentary Secretary to the Minister of Diversity and Inclusion and Youth and to the Minister of Canadian Heritage (Sport)]

Mr. Speaker, I also applaud the minister's plan to instruct the CRTC to ensure that contributions from online broadcasting services flow to French-language and indigenous creators. I agree with his suggestion that the CRTC consider using incentive-based tools to encourage greater support for creators from equity seeking groups.

The bill would amend the Broadcasting Act to assert that the Canadian broadcasting system should, through its programming and the employment opportunities arising out of its operations, serve the needs and interests of all Canadians, including Canadians from racialized communities and Canadians of diverse racialized backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and reflect their circumstances and aspirations, including equal rights, the linguistic duality, the multicultural and multiracial nature of Canadian society, and the special place of indigenous peoples within that society

This type of language sends a clear message. It underscores that diversity and inclusion are fundamental for our society and that this must be reflected in our broadcasting system.

This message is also filled with hopes and dreams that commit us to working together to strengthen the cultural, political, social and economic fabric of Canada. This work cannot wait. That is why I am pleased to see that the bill also emphasizes that programming that reflects the indigenous cultures of Canada, programming that is accessible without barriers to people with disabilities and a range of broadcasting services in English and in French must be made available to Canadians regardless of resource availability.

Before wrapping up, I want to go back to my initial remarks and my recognition of the indigenous peoples who were here long before us. In my opinion, this bill is particularly important for indigenous peoples.

As highlighted in the Truth and Reconciliation Commission’s calls to action and in the calls for justice issued by the National Inquiry into Missing and Murdered Indigenous Women and Girls, broadcasting can play a key role in promoting and protecting indigenous languages, arts, cultures, traditions and perspectives.

The bill would support indigenous creators so that they can tell their own stories in their own words. It emphasizes the need for indigenous-run broadcasting services. The bill would contribute to fulfilling the commitments Canada made in committing to adopt the United Nations Declaration on the Rights of Indigenous Peoples. I am hopeful it will move us further along the path toward reconciliation. We have much to learn and discover from deep, vast and rich indigenous cultures and voices. Hearing them, allowing us to live the stories they tell, will not only have us in awe. It will contribute to reconciliation and mutual understanding.

Broadcasting has the ability to remind us where we came from, to hold a mirror up to our current selves, showing us the good parts and the bad. It also has the ability to point the way to a better future for everyone. This bill points a way toward a Canada that embraces diversity and promotes inclusion. That is the reason I urge all hon. members in the House to support the bill.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, I have a question about the general application of the bill. I am from the Okanagan. The Okanagan Nation Alliance includes many indigenous first nation bands in my area, the Similkameen area and the Colville band in the United States. Much of their culture predates Canada and the United States.

How would this law then apply if a Colville band member or Okanagan band member were to film stories that predate Canada or the United States in Washington state on Colville tribal grounds? Would that count as Canadian content even though first nations see themselves as part of the Okanagan Nation Alliance? I would like some clarity from the member.

[Adam van Koeverden, Liberal, Milton, ON]

Mr. Speaker, that is a really good question. I assume that type of conversation will arise at committee when we talk about the bill in further detail.

I agree that indigenous history is not limited to the land that is currently Canada. Certainly indigenous nations and various different indigenous peoples walked across borders that did not exist then. It is really important that we recognize that. I am so grateful that we have so many incredible indigenous content creators across our country on new technologies, like Instagram. I follow so many and I learn so much. Earlier this month, my friend from Sydney—Victoria sent me a video so that I could learn a little more about treaty rights in Canada.

I am constantly learning, as we all are. This is certainly one of those things that we need to take into consideration. Canadian history, as we call it, includes the last 160 years or so, but the land that we are so fortunate to be on, to gather on and thank indigenous people for allowing us to share with them, its history is far greater than that.

[Laurel Collins, NDP, Victoria, BC]

Mr. Speaker, the member and I collaborated on a cross-partisan video talking about the need for Canadians, all of us, to come together to follow public health guidelines. I want to thank the member for his leadership on that.

We are in a public health crisis. Right now cultural workers and local media workers are scared about job losses, because of unfair competition from web giants. They were expecting the government to take concrete action.

The Liberals must ensure that web giants like Netflix are contributing enough in the creation of French-language content, that they contribute as much as local broadcasters and that these funds are administered independently and transparently. However, the secret deal with Netflix and the federal government's refusal to subject Netflix to the same tax rules as our local companies show that the Liberals are still too close to the web giants.

Could the member comment on his party's close relationships with these web giants?

[Adam van Koeverden, Liberal, Milton, ON]

Mr. Speaker, of course, I always appreciate the opportunity to collaborate in a multipartisan and non-partisan way with members like my colleague from Victoria.

This is a good question. For the first time, the bill actually recognizes the French fact and the importance of investing in francophone stories and music. I hope that encourages people, including those who are learning French, like me and my colleague from Victoria, but also ensures that a portion of this funding is devoted to the creation, availability and discovery of francophone programming.

Broadcasting is absolutely an essential medium for sharing our experiences with each other, but at the same time this is about competition and the competitive nature of the media landscape around the world. As much as we need to work with producers and the platforms, we need to make sure they are paying their share. After looking at the bill, I am really confident that we are going to make sure the web giants pay their share and contribute in a real way, not just a performative way but a real way, to the viability and competitiveness of Canadian media from producers here in Canada.