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.

Motion That Debate Be Not Further Adjourned

[Steven Guilbeault, Liberal, Laurier—Sainte-Marie, QC]

Madam Speaker, for starters, I have to refute the premise of my hon. colleague's question.

He says that everyone worked in good faith, but I just want to remind him that, well before Bill C‑10 was even introduced, the former leader of the official opposition told the House that, had it been up to him, he would have tossed the Yale report, which had just been tabled, right in the trash. Furthermore, as soon as Bill C‑10 was introduced, the Conservative Party objected to it, said the bill was bad and should be scrapped, and told us to start over.

In my opinion, there is no truth to the claim that everyone worked in good faith to move Bill C‑10 forward.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, it seems that the minister may be quite confused. He keeps saying that he does not quite understand the NDP position in not voting with his government to push this through Parliament. The New Democrats have been clear. We are very supportive of getting help to our artists and we are supportive of Bill C-10. However, perhaps what the minister does not understand is the role Parliament plays in our parliamentary system, similar to the way the minister did not seem to really understand how broadcasting worked or, in fact, how his own bill worked before he tabled it.

We can be supportive of legislation and also find it very problematic to watch the way the minister has managed this file and is now trying to shove it through Parliament without giving parliamentarians time to get this bill right. I have offered time and again to work through the summer, to do whatever we need to do to get this bill through, and the minister just keeps asking why we will not support the Liberal time allocation. How is that respecting Parliament?

[Steven Guilbeault, Liberal, Laurier—Sainte-Marie, QC]

Mr. Speaker, there are two things I would like to answer for the hon. colleague. The first is that I was with the leader of the Bloc Québécois and the leader of the NDP on Tout le monde en parle, during which all three of us committed to work together to ensure Bill C-10 would be adopted. Right after that, the NDP changed its mind, after committing in front of millions of Quebeckers and Canadians that the NDP would work with us to ensure that Bill C-10 would be adopted. Was that a lie to the Canadian public and to the viewers of this show, I do not know.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I rise on a point of order. I am wondering if the member actually accused the NDP of lying. We are not supposed to do in the House. I wonder if he wants to take that back.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, on that point of order, I believe the minister questioned if something that was said could have been a lie. He did not specifically call anybody a liar. He was trying to understand. It seems to me as though he was trying to personally rationalize the situation.

[The Deputy Speaker, Bruce Stanton]

I thank hon. members for their interventions. I did not hear the minister's words in this case as I was taken aside for a moment on an administrative matter. For general purposes, references to lying is always a tricky area. Generally, if it is not applied to an individual member, group and so on, although it is not advisable, it is not an unparliamentary reference.

The hon. minister can finish his response.

[Steven Guilbeault, Liberal, Laurier—Sainte-Marie, QC]

Mr. Speaker, the vast majority of artists support Bill C-10 and want it to be adopted. In fact, thousands of artists have signed a petition in favour of the bill. What the NDP is telling them and the chamber is that the NDP knows best, that artists do not know or understand. We have chosen to listen to artists, not the other way around.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, let us be clear what is going on with the New Democrats. They are lucky that the Bloc Québécois blinked first. That is the reality of the situation. They are trying to play both sides of this. They will not vote for the closure, but, of course, when we get to the vote on the bill itself, they will vote in favour of it because they know it would be political suicide to do otherwise. That is the reality of the situation.

We have now had this issue go before committee numerous times. It has been in the House. It has been in the public forum. Would the minister not agree that closure is necessary because of the antics put forward by the Conservative Party, in particular? Quite frankly, now is the time for members to put their stake in the sand and decide which side of the line they are on. Are they on the side of artists or on the side of big tech?

[Steven Guilbeault, Liberal, Laurier—Sainte-Marie, QC]

Mr. Speaker, frankly, I could not have said it better. Members stand with artists or with big tech, some of the largest and wealthiest companies on this planet. We have decided that we are on the side of artists. Clearly the Conservatives have decided they are on the side of big tech. As for the New Democrats, I do not know and I am not sure they know themselves.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, one of the things I am quite concerned about, and it is unprecedented, as we have never seen this before, is around the secret amendments at committee. The minister went on and on about how Conservatives spoke favourably about the bill when it was originally introduced and quoted us before the bill went to committee. However, amendments happened at committee. I saw on Twitter that Mr. Geist talked about secret amendments. This has been unprecedented.

Would the minister not agree with me that the bill has been fraught with issues from the get-go, particularly in committee, and the secret amendments that the Speaker had to rule on have been unprecedented in my time here and definitely not the epitome of being well managed?

[Steven Guilbeault, Liberal, Laurier—Sainte-Marie, QC]

Mr. Speaker, first, the Conservative Party's position was that the bill did not go far enough, that we needed to do more and include, according to some of the member's colleagues, companies like YouTube. Then it decided to move the needle and said that it was about freedom of speech. Then when the justice department said that there was no issue with freedom of speech, the Conservatives moved the needle again and said that it was about net neutrality. When it was explained what net neutrality was and the fact that Bill C-10 had nothing to do with net neutrality, they moved the dial again and said that it was these secret amendments.

Every time we have spoken about the bill, the Conservatives have been against it. They have clearly decided that they are siding with Google, Facebook and some of the wealthiest companies in the world. We have seen the contempt, which are not my words but the words of many artists, that the Conservative Party has shown to artists and our cultural sector.

[Kerry Diotte, Conservative, Edmonton Griesbach, AB]

Mr. Speaker, what is interesting is that in the minister's reality, this is all about artists, but to the real world, the non-Liberal world perhaps, to everybody I talk to about Bill C-10, it is about censorship, it is about what people can post on the Internet. It is the fear of government interference. We have seen big tech already clamping down on free speech. People are terrified of what Bill C-10 will bring.

I was giving a talk to a grade six class, and those children are worried about it. It seems like the whole world knows that this is all about censorship, but the minister thinks it is all about artists. We love artists, but this has nothing really to do about artists. The fear is censorship.

What would the minister say to these grade six children who are worried about their free speech because of the bill?

[Steven Guilbeault, Liberal, Laurier—Sainte-Marie, QC]

Mr. Speaker, the member said, “we love artists”, which is interesting. When the Conservatives were in government, all they did was cut back on programs for artists, including, but not solely, the CBC. I would remind the member that the CBC is one of the largest broadcasters and supporters of artistic creation in the country.

However, every time we have brought forward proposals to help and support artists, the Conservatives have opposed it. I am having a really hard time reconciling the affirmation that they “love artists” with their actions. One could argue that actions actually speak louder than words.

[Tim Louis, Liberal, Kitchener—Conestoga, ON]

Mr. Speaker, I sit on the heritage committee, and for months I watched our Conservative colleagues side with these Internet giants and against our Canadian artists, many times bringing up that misleading narrative about censorship or concerns of free speech. Artists are fierce defenders of free speech.

Could the minister explain how modernizing the Broadcasting Act will help level the playing field for our Canadian artists and support them, while also ensuring that Canadians who use social media platforms are not subject to regulation?

[Steven Guilbeault, Liberal, Laurier—Sainte-Marie, QC]

Mr. Speaker, I would like to thank my hon. colleague for his advocacy as a member of the heritage committee and also as an artist himself for many years.

The member is absolutely right. There is this idea that the only people concerned with free speech in the country are the Conservatives. Artists have for decades, if not centuries, defended freedom of speech. The idea that they would all of a sudden forget about this just because they are in favour of Bill C-10 makes absolutely no sense. There are a number of safeguards in Bill C-10, and we have heard from Department of Justice, as well as in the body of the laws and regulations we have in Canada. The CRTC is not above the law.

Bill C-10 would not apply to individuals, and it says that very clearly in the bill right now.