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

[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), 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, 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.

[Francesco Sorbara, Liberal, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, it is great to be here in the chamber this afternoon. I will be splitting my time with my friend and colleague, the hon. member for Surrey—Newton.

It is an honour to rise to debate Bill C-10. I want to take this opportunity to discuss an important issue that was raised by several members, namely, the best way to support our creators, including francophone creators.

I want to first remind the House why the legislation is so important. Historically, under the Canadian broadcasting system, traditional broadcasting services, such as radio, TV and cable, were required to fund Canadian content, our stories and our songs. However, the emergence of online broadcasting services, such as Netflix, Crave, Spotify and QUB Musique, which are not subject to the same types of regulatory requirements as traditional services, has resulted in a regulatory imbalance that jeopardizes the future of Canadian content funding.

The bill seeks to ensure that traditional and online broadcasting services are appropriate for Canada's creative sector. Of course these contributions must benefit a wide range of Canadian creators and consumers, including francophones across the country, as I heard from my colleagues in the opposition.

I now want to speak about the issue of support for francophone creators and French-language content produced by francophone minority communities.

First, it is important to recognize that this is a key issue and that the concerns expressed by stakeholders are entirely legitimate. We must not forget about the minority status of francophones in North America, which is dominated by the English world.

Online broadcasting giants like Netflix and Spotify will not necessarily consider the needs of francophones in Canada, whether they live in Quebec or in a minority community in Canada. However, we know that television and radio are vitally important to language, culture and the identity of the francophone minority in North America.

It goes without saying that measures are needed to support and promote francophone history and music. We agree on that, especially now that online broadcasters have turned Canada's broadcasting sector upside down, and the French-language market is no exception.

Online broadcasters present unique challenges regarding the availability and promotion of online content in French, and especially content produced by our francophone minority communities. I want to point out that 47% of francophones watch primarily English content on Netflix. That is a departure from traditional television, where 92% of the francophone market tunes in to French-language programming.

Similarly, the appetite for English-language films and audiovisual productions has been increasing for years, as has funding from foreign investors, but the average budget of French-language productions has decreased, and these productions receive little funding from foreign investors.

On the music and digital platforms front, in 2017 there were just six French Canadians in the top 1,000 most popular streaming artists in Canada.

Obviously we must act, but how? Some have proposed to include quotas or mandatory investment thresholds for French-language content in the Broadcasting Act.

At first glance, this may seem like the best way to remedy the problem, but what is it really? The fact of including a mandatory investment threshold in the act fixes it permanently and, as the Minister of Canadian Heritage rightly pointed out, the minimum is likely to become the maximum.

There is no reason to cut funding for French-language content in this way. A better way to do this is to give instructions to the CRTC, telling it to ensure that an appropriate portion of the funding is devoted to the creation of French-language programming and to take into account the difficulties inherent in the creation and broadcasting of French-language programming, particularly in minority communities.

This is how our government suggests we proceed. Regulation is a flexible tool that allows action to be taken that is in tune with technological advances, the development of industry and the values of Canadian society. It should be noted that the CRTC has long overseen the application of a rigorous regulatory framework of traditional services to support and promote French-language content. The CRTC's record is unambiguous. It has demonstrated a firm commitment to the imposition of regulations that ensure support for francophone creators.

Thanks to the CRTC's efforts, for the past 10 years the volume of French-language television production has been stable and represents 25% of the total volume of Canadian television production. The efforts of the CRTC have also served to promote French-language music. French-language radio stations must devote at least 65% of their weekly programming to this purpose, from popular music to French-language music. The CRTC can be expected to put in place an equally stringent regulatory framework for online broadcasters. It will ensure that it provides fair and equitable support for Canadian content in both official languages and that it takes into account the specific needs of francophone creators across Canada.

We all agree that action must be taken to support francophone creators and French-language content across Canada, its primordial, and also all creators and content creators in Canada. Our bill and the instructions it gives will give the CRTC all the tools it needs to ensure that funding and regulations support Canadian content in both official languages, but also indigenous, multicultural, real Canadian content and just a window into Hollywood.

This is the best approach to ensure that Canada's creators can continue to create audio and audiovisual works that reflect who we are as a country. The creation of content in both official languages is an essential cultural objective. Regardless of technological or other advances in the broadcasting sector, this modern and equitable legislative and regulatory framework will provide unequivocal support to broadcasters, producers and creators across Canada.

I encourage all members of this honourable House to hastily send the bill to committee to be improved and to deliver real changes to the broadcasting sector, which it has been requesting for so long.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, first, I want to pay all my respects to my colleague. I have a lot of fun with him and a lot of respect when we work together in the parliamentary committee. I also want to pay all my respect for the quality of his French. The member is working very hard on the quality of his French, like some of my colleagues from B.C. I deeply appreciate it when each and every member of Parliament tries the best to speak his or her second language. French is the second language for an anglophone and English is my second language because I am a francophone.

My question has to do with the two official languages and the bill being debated today. The member talked about a number of aspects of this bill, but there was one that he left out. The Liberals often boast about how there will be a lot of new online productions, but the bill does not contain any requirements relating to Canada's two official languages.

Why?