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

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

Status

In committee (Senate), as of June 29, 2021
(This bill did not become law.)

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 22, 2021 Passed 3rd reading and adoption of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Concurrence at report stage of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.22; Group 1; Clause 46.1)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.18; Group 1; Clause 23)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.13; Group 1; Clause 10)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.8; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.5; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.4; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.10; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.2; Group 1; Clause 7)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.1; Group 1; Clause 3)
June 7, 2021 Passed Time allocation for Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:30 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, I thank the member for Louis-Saint-Laurent for those very kind comments. I encourage all members of the House to have a vigorous debate at this stage of the legislative process. Let us get the bill to committee, where the committee members can put forward their amendments and ideas and the full committee can rigorously debate those. Let us always try to improve all legislation that comes forth from this honourable House.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:30 p.m.


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Bloc

Louise Charbonneau Bloc Trois-Rivières, QC

Mr. Speaker, Quebec culture is at the heart of the Bloc Québécois's mission.

Broadcasting is no doubt the most effective tool to disseminate culture and help define the national identity. Obviously, the Bloc Québécois supports the modernization of the Broadcasting Act, given the astounding evolution of information and communication technologies.

However, the Canadian Association of Broadcasters is concerned. According to the CAB, 50 radio stations could shut down in the next four to six months and 150 others could follow suit in the next 18 months.

What does the government plan to do about those losses?

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:35 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, a vibrant Canadian cultural sector in both official languages is very important to me. I am excited and proud to say that my children are enrolled in French immersion and are learning French.

With respect to the hon. member's questions and comments, we of course want a vigorous debate on how we can strengthen and maintain all our services in both official languages and truly be the bilingual country we are and strive to be on a daily basis.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:35 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, as a person who represents a very rural and remote riding, one thing that concerns me greatly is how important our local Canadian content is. We know the Yale report outlined clearly that Google and Facebook were receiving nearly 75% of online advertising revenue in Canada, which really leaves local television and newspapers receiving only 8.5% of that Internet advertising.

When I think about the local papers in my riding and how important they are, I want to ensure they get the support they need. Could the member talk about why the government continues to push this further down the line when what we really need is for these web giants to pay their fair share so our local content can be saved?

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:35 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, we all need to support our local newspapers.

When I was a young individual, I delivered the Prince Rupert Daily News door to door. That was great content for households in the hometown in which I grew up.

Today we need to modernize many aspects of our legislative framework in telecommunications and broadcasting. Bill C-10 is one part of that.

Let us get the bill to committee stage where there can be a vigorous debate. We know that with the world evolving as it is and with technological change, it is very important our legislative frameworks and structures correspond to that and that we continue to update them.

Canadian content is very important for me, for our government and for all Canadians from coast to coast to coast.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:35 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, could the parliamentary secretary comment on why this is so important now? According to some statistics I have, 32% of streamers are between the ages of 25 and 35, and 22% are between the ages of 35 and 45. It seems that the older we get the less likely we are to listen to online content, but the younger generations in particular do.

Why is it so important to implement this now, given that it is the younger generations that are using online content for those experiences?

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:35 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, we see the trends for content consumption and the platforms that are utilized. Currently, online undertakings that deliver audio and audiovisual content are exempt from licensing. We want to ensure the regulatory requirements that the traditional broadcasters and platforms have are extended to those online undertakings. We need to ensure a vigorous framework for broadcasters, which is what we are doing with Bill C-10.

I again encourage all my hon. colleagues to get the bill to committee stage so the learned committee members can have a vigorous debate and put forth even more ideas that could potentially improve the bill, and have the process to continue.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:35 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Mr. Speaker, I would like to thank the hon. member for Vaughan—Woodbridge for sharing his time and for his willingness to work with other members of Parliament across the nation.

I am pleased to speak today in support of Bill C-10, an act to amend the Broadcasting Act. It is sad that in the digital age in which we are living, the law is rarely able to keep up with technological advancements. This digital revolution, referred to as the fourth industrial revolution, is characterized by a pace of breakthroughs that we have never seen before. Every industry in every country around the world is being disrupted. As a result, it is impacting production, management and governance.

A 2016 paper from the World Economic Forum on the fourth industrial revolution makes one point very clear. The only way for governance and regulation to work in such a complicated environment is to operate with a clear foundation of values rather than playing regulatory catch-up. This is the essence of the bill.

With audio and audiovisual content being offered for mass consumption online over the past two decades, Canada has been exposed when it comes to fostering Canadian content, as has been done for decades through the CRTC. Supporting the telling of Canadian stories, giving a platform to Canadian voices and sharing Canadian perspectives for our population from coast to coast to coast has always been a challenging issue with Canada being located next to the largest producer of content in the world; that being the United States.

The CRTC is unique in that it is not only a regulatory agency but, rather, a key component of our Canadian cultural landscape. It serves as the primary actor in facilitating Canadian content production to the broadcasting sector. It is our path toward preserving local culture as well as our national identity.

Since the Broadcasting Act was last updated in 1991, Canadians' consumption of content has changed dramatically. Millions of Canadians have cut the cable, so to speak, and are receiving their news and entertainment through online platforms. As an example, as of 2019, Netflix is present in 62% of Canadian households, with other streaming services continuing to grow year after year.

To give some context on how large digital content consumption has become in Canada, it is estimated that revenues for Canada's digital media market will hit over $4.7 billion in 2020. This number is skyrocketing when compared to other forms of media consumption, such as television and radio. In other words, updating our Broadcasting Act is long overdue.

The streaming that we now consume in the comfort of our homes carries stories from across the globe as consumers have never had more choices and access to such a diversity of content. However, that also means that Canada's history of promoting and supporting Canadian content must be extended into the realm that so many of us rely upon daily.

We are lawmakers, and we have an obligation to not unduly disadvantage Canadian content creators in the digital era. We have an obligation to do everything in our power to ensure the diverse voices that make up our country, including indigenous peoples, racialized communities and persons with disabilities, have the same ability to share their stories as the international content producers that are so readily available to us now.

This is where the intent of the Broadcasting Act becomes so apparent. As mentioned, our lives are filled with receiving and consuming online content. We might wake up in the morning and check the news headlines on our phones or other digital devices, which of course was a role filled in the past by news publications: independent media.

We might now stream music on our commute to work, as opposed to traditional radio that might have filled our vehicles or headphones. In the evening when we get home from work, we might then search through our favourite streaming service to find a show or movie we can relax to. This is just a very general snapshot of the types of activities and choices of content in 2020.

Of course, this is particularly heightened during the COVID-19 pandemic, where social interaction is now regularly replaced by consumption of this content.

Ultimately, Bill C-10 is defined by the principles of equality, inclusivity and, most importantly, by Canadian content creators and sustainability. While this legislation would modernize the CRTC's enforcement powers and update the oversight and information-sharing provisions it has available, ultimately it is about creating opportunity through collaboration. It is about mandating the streaming services that want access to the Canadian marketplace to meet certain broadcasting obligations that provide financial support to allow for more Canadian content to be produced and consumed.

While members across the House might attempt to characterize this bill as an example of over-regulation or limiting free speech, the reality is far different. Simply put, this is an update to our Broadcasting Act that would allow Canadian stories to be produced. It would allow Canadian consumers to have ample access to such stories and, most importantly, it would allow our unique cultural identities to have ongoing security and opportunity in the rapidly evolving digital world.

In conclusion, I hope this bill is widely supported by all parties in the House as it is an update that goes beyond politics or ideology. For the most part, technology moves far faster than we do as legislators. This legislation is a tool that would ensure we are always ahead of the curve in preserving our diverse voices in the age of digitization. This is about ensuring Canadian content can thrive for generations to come, and ultimately, there should be no party or member in the House who can argue with this fundamental principle.

I am thankful for the opportunity to speak on this important piece of legislation today.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:45 p.m.


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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I appreciate the member opposite. He is from British Columbia, and I certainly understand many of his positions, but I do not agree with them, and I will say why.

First of all, many members today have said that they specifically support this because they want to see diversity, they want to hear indigenous voices, and they want to hear young people and have their voices magnified. However, Irene Berkowitz and her colleagues put out the “Watchtime Canada” report last year, which said that there are 160,000 Canadian YouTube creators who produce content, and 40,000 of them are monetizing: that is, they are actually drawing funds from YouTube's model, and they employ 28,000 Canadians.

The problem we have here is that the member and many in his caucus believe that Google, the owner of YouTube, is a broadcaster in the traditional sense. If this government forces this legislation onto the CRTC, then those YouTube creators, who actually create the content, may be forced to adhere to these rules. They may then elect to actually have their Canadian-drawn content pushed out to other parts of the world, and would not advertise, would not show up here in Canada, because they would not qualify under the rules.

Does the member understand that, by changing this, it is a misperception that YouTube would somehow respond by forcing all of these small ma-and-pa content creators to change their business model? I think the member is mistaken.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:50 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Mr. Speaker, I want to thank the member for having his own opinions, and he is welcome to have them.

Certainly, when it comes to this regulation, the broadcasting bill that we brought forward is long overdue to make sure that we are able to protect our Canadian identity, that we are able to protect our Canadian culture, that we are able to protect indigenous voices and racialized voices, and this will—

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:50 p.m.


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The Deputy Speaker Bruce Stanton

Questions and comments, the hon. member for Saint-Hyacinthe—Bagot.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:50 p.m.


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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I want to emphasize the importance of local radio.

Local broadcasting is essential because local information cannot be covered in national news reports. Local radio stations are needed to cover municipal and school news. They also mean local journalists, local artists who can send in their productions, and local jobs.

These radio stations could be decimated over the next few months if we do not take action. In my riding, there are two radio stations that I love to listen to. They are Radio Acton and Boom FM. What will I tell those stations about targeted support and the more flexible regulations that they need in this time of crisis?

Why is there nothing about that in Bill C-10?

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:50 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Mr. Speaker, in fact, on the issue the member raised, I met with a local media outlet just last week that produces the local paper, and it had a similar concern that the hon. member raised. Earlier, an NDP member from British Columbia raised the same issue.

I fully support the member's thought process, and this bill is a positive step moving forward. When it comes to local papers and local radio, I am fully supportive of that. Certainly, in the coming months we will have legislation, if we all work together, to help those local papers and radio stations in our communities.

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:50 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I just want to comment on the fact that the Liberals are promising to rebalance the market between the traditional TV platforms and the new digital platforms, but they are kicking those decisions off to the CRTC.

How can they live up to those promises?

Broadcasting ActGovernment Orders

November 19th, 2020 / 3:50 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Mr. Speaker, as I said earlier in my speech, once this bill has gone through the House, the government is allotting more money and more resources to make sure that we are able to take care of those issues that the hon. member has mentioned.