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

This bill is from 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. The Library of Parliament has also written a full legislative summary of the 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.

Similar bills

C-11 (current session) Law Online Streaming Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-10s:

C-10 (2022) Law An Act respecting certain measures related to COVID-19
C-10 (2020) Law Appropriation Act No. 4, 2019-20
C-10 (2016) Law An Act to amend the Air Canada Public Participation Act and to provide for certain other measures
C-10 (2013) Law Tackling Contraband Tobacco Act

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

Canadian HeritageOral Questions

May 14th, 2021 / 11:45 a.m.


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Toronto—Danforth Ontario

Liberal

Julie Dabrusin LiberalParliamentary Secretary to the Minister of Canadian Heritage

Madam Speaker, Canada's analysis confirms that Bill C-10 remains consistent with the Charter's guarantee of freedom of speech. As a government, we have upheld, and we will continue to uphold, Canadians' fundamental rights.

I would like to confirm once again that individuals posting to social media are specifically excluded in Bill C-10. Also, to be clear, of the obligations for social media companies in the bill, none would require them to restrict or review posts by individuals.

Canadian HeritageOral Questions

May 14th, 2021 / 11:40 a.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, let me clarify: When the member says that the bill would make certain artists discoverable, what she means is that it would move some up in the queue and some down in the queue; it would pick winners and losers. It is sneaky, controlling and wrong.

If this bill had been in place when Shawn Mendes was a young, aspiring artist posting to YouTube, where his popularity began, the government's Internet czar likely would have demoted him because his songs are, well, just not Canadian enough.

Will the minister truly support Canada's young artists and cancel Bill C-10? The question is for the minister, please.

Canadian HeritageOral Questions

May 14th, 2021 / 11:40 a.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, when it comes to content creation on YouTube, Canadians punch above their weight. Now, the government wants to step in and determine who gets to be noticed and who has to be hidden; who gets to succeed and, well, who gets to lose.

If Bill C-10 had been in place when Justin Bieber was just a kid posting his music on YouTube, he probably would not have been discovered because his songs just are not Canadian enough, according to the government's approval test. I ask members to let that sink in, for just a moment. Why is the minister moving ahead with a bill that punishes young artists?

Bill C-10Statements By Members

May 14th, 2021 / 11:35 a.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, the heritage minister has dismissed and insulted critics of Bill C-10 as “extremist” while peddling his own tin-hatted conspiracy theory about big tech being in cahoots with Canadian academics just to spread disinformation about his bill.

Despite all the backlash and the minister's vague promises of future clarity amid his own incoherent and contradictory statements, the bill remains “a full-blown assault” on freedom of expression.

Remember, this minister is a lifelong, radical, anti-energy activist. He admits that the whole point of Bill C-69 was to ensure that no Canadian energy project ever gets built again, and now he wants the power to regulate online content to be, in his words, consistent with the government's vision.

To the energy workers who have lost their jobs at the hands of this government's vision, the prospect of this minister and his government regulating their posts should be terrifying. However, if this deeply flawed bill passes in this Parliament, do not worry, a Conservative government will appeal it in the next one.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 10:30 a.m.


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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Madam Speaker, the minister has claimed that somehow there has been Conservative dilatory tactics used and he has to move time allocation, yet that has not been the case. Maybe the minister could give us the real reasons why time allocation is being moved.

I know he has so far refused to attend the heritage committee hearings on Bill C-10, even though he has been ordered to do so. Perhaps, is he moving time allocation so he can clear his schedule to enable him to appear at that committee as he has been asked to?

Opposition Motion—Elections During a PandemicBusiness of SupplyGovernment Orders

May 13th, 2021 / 3:55 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I have big shoes to fill in following my colleague from Shefford, who is always eloquent and on point. It is my turn to congratulate her on her speech.

It is unbelievable. I am somewhat appalled to see our Liberal colleagues speak so passionately in this debate on Bill C-19. I think that, had he known they were so passionate about the subject, the Prime Minister might have thought twice before forcing closure on it. It seems to me they really need to talk about it.

I believe we are all of one mind in saying that a pandemic is not the time to hold an election. The motion put forward by the Bloc Québécois today is plain common sense. It simply reminds us that an election was held in October 2019, that 1.3 million Canadians, including almost 360,000 Quebeckers, have been infected by COVID-19, that nearly 25,000 people have died as a result and that, in the opinion of the House, holding an election during a pandemic would be irresponsible, and the government must make every effort to ensure that it does not happen. It is a common-sense motion.

I get that the government wants to be ready in case the opposition parties decide to bring it down. That is the cheap excuse the government is using, but we are not naive, and neither are Quebeckers. The only reason the Liberals want to pass Bill C-19 is that they expect an election in the coming months. I think it is as simple as that.

I think it is irresponsible of the government to even be thinking about an election, never mind doing everything it can to blame it on the opposition parties. I think that is the height of cowardice. Under normal circumstances, yes, there would probably have been an election this year, or maybe even before now because the Liberals, quite frankly, are just not rising to the occasion. They do not seem worthy of the trust that voters placed in them.

There are some fairly recent examples, like that of the Minister of National Defence, who took no action on allegations of sexual misconduct against the former chief of the defence staff, and the Minister of Economic Development and Official Languages, who did nothing to save French-language programs at Laurentian University. She even said that her government would take action to reverse the current anglicization of Quebec. We are still waiting. In the meantime, Quebec had the time to come up with its reform of Bill 101, which was introduced today.

Another example that is very important to me is that of the Minister of Environment and Climate Change, who has difficulty putting his money where his mouth is when it comes to greenhouse gas reductions. In fact, his actions encourage businesses to increase their emissions. For example, he granted exemptions to DuPont and Owens Corning, which are manufacturing giants. These exemptions let them ignore the new standards established by his own department for the manufacture of XPS insulation board. I mention this because it was done to the detriment of companies such as Soprema, which is a well-established company in my riding of Drummond that has suffered huge financial losses just because it agreed to comply with these new standards.

There is also the Minister of Canadian Heritage, who has been in the hot seat a lot recently. He still has not come up with a solution to the urgent problem facing our print media, which have been suffering for years because of GAFAM, which is taking advertising revenues on the backs of our journalism content creators. This is to say nothing of the current impasse on Bill C-10 and how the government is managing that file.

In fact, the only minister who did something and took full responsibility was the former minister of finance. I am talking about when he resigned, of course.

If this government knew how to collaborate, listen and govern in a minority context, it would not have such a hard time convincing us of its good faith. Instead, rather than listening to the criticisms and comments of the opposition parties, it prefers to act like a two-year-old child.

When kids are two or three, they go through a phase of saying no. The Liberals are going through that phase right now. They say no to health transfers. They say no to increasing the old age pension starting at age 65. They say no to a single tax return for Quebec. They say no to applying the digital services tax to Netflix, Amazon Prime and other subscription-based content streaming companies. They say no to print media, as I just mentioned.

In fact, they say no to good suggestions from the Bloc Québécois, but those good suggestions will likely become more appealing at election time because we know that the Bloc Québécois proposes things that reflect the interests and demands of Quebec.

I experienced this “no” phase with my own children. They went through it. It is so annoying. It is tiresome and counterproductive. They are so stubborn that there is no way to make them listen to reason. That was at age two. Now we are stuck with a government that is in its “no” phase.

If there is an election during this pandemic, we can conclude that all of the measures announced in the budget were probably meant to become election promises. There is nothing concrete. The government simply made announcements without any follow-up. The Liberals have been doing this since well before the 2019 election.

One example is that the government is promising an inadequate increase to old age security in 2022. Their motto seems to be “why do today what you can put off until tomorrow?”

The government announced $1.3 billion to support the cultural and tourism sectors. The government had the opportunity with its budget implementation bill to include a number of proposed measures to support the cultural and tourism sectors. These sectors would finally have gotten the money they so urgently need. However, the government did not do this.

Two years ago, the Prime Minister promised that his government was going to plant two billion trees by 2030. That comes out to 200 million trees a year. That announcement sounds great, but I do not think that many trees have been planted so far. In fact, I am not even sure there have been many shovels in the ground since 2019.

Since we cannot count on the Liberals for that, I thought maybe the 184 opposition members could give them a hand. According to my calculations, if we decide to do the work for them, every MP will have to plant 10,869,565.2 trees. I do not want to brag, but I have already planted two trees in my yard, and I believe my colleague from Longueuil—Saint-Hubert has planted one or two as well. We are ahead of the game. Other MPs will have to catch up with us because there is a long way to go.

As Niccolò Machiavelli wrote in his book, The Prince, to govern, one must make others believe. The Liberals have read the book, and they are putting that theory into practice.

According to a Global News study published on April 18, 57% of voters feel that an election during the pandemic would be unfair. Another survey, this one by Leger, shows that 60% of Canadians do want an election, but they want it to happen later, at least after the fall.

The opposition parties are not the only ones against holding an election in a pandemic. Over 22 million Canadians feel the same way. The Liberals have been getting ready to trigger an election for a while now. In an article published in Le Devoir, journalist Boris Proulx wrote that, in the fall of 2020, candidates under consideration received invitations, in the form of letters addressed to them, to run under the Liberal banner. In the same article, he wrote that, in a year-end interview with CBC, the Prime Minister let slip the words “next year's election”, referring to this year. Either his subconscious is playing tricks on him or plans have been laid.

Why is the government in such a hurry to call an election? I use the word “hurry” because Bill C-19 has been languishing on someone's desk for four months now, and suddenly, the government leader put it on the agenda, with only four hours of debate and time allocation. We are not the only ones wondering about this. The media has often talked about the Liberals' intentions, wisdom or opportunism in trying to trigger an election.

In January 2021, Louis Lacroix, a Cogeco Media host, said that, if he were prime minister, he would want to hold elections as quickly as possible, because once the vaccine begins to have an impact a few months from now and the pandemic starts to recede, we will have time to analyze all these programs and spot the mistakes that were made, which will come back to bite the Prime Minister.

The government would like to have an election because things are getting better and better. The vaccine rollout is generally going well, and we are beginning to see the light at the end of the tunnel.

In closing, I will repeat what Bernard Drainville, a radio host on 98.5, had to say. On Monday morning, he said that if the government wants to change the election act, it must seek as broad a consensus as possible. He also mentioned that changes were made unanimously in Quebec.

What the the Bloc Québécois is proposing is to have the leaders of the four parties meet to discuss the proper way to do things and reach a consensus, as befits a subject that is so important to the people we represent. It is just common sense.

The Bloc Québécois has always been clear about what it expects for Quebeckers. When the government criticizes us for voting against the budget, that makes me feel quite cynical because we have always made it very clear that we would support the budget if it included an OAS increase for seniors 65 and up and higher health transfers, which Quebec and the provinces were unanimous in calling for. The government knew that it would not get the Bloc Québécois's support without those things.

The Bloc said in advance what it wanted. Its demands were transparent. When it votes against a budget that does not contain those things, whose fault is that? Is it the Bloc Québécois's fault? I think not.

Canadian HeritageOral Questions

May 13th, 2021 / 2:55 p.m.


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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, I thank my hon. colleague for his question.

Our main focus is to do everything in our power to help the cultural sector across the country, including in Quebec. This sector was hit particularly hard by the pandemic.

Bill C-10 will invest hundreds of millions of dollars more in our cultural ecosystem, including hundreds of millions of dollars in Quebec, to support francophone artists and musicians in Quebec and across Canada.

Canadian HeritageOral Questions

May 13th, 2021 / 2:55 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, the motion passed by the Quebec National Assembly regarding Bill C-10 also demands the repatriation to Quebec of all powers in the area of culture and communications.

That is nothing new coming from Quebec, or even from provincial Liberals. In 1973, Robert Bourassa was already calling for this. He called it “cultural sovereignty”. Jean Charest did the same in 2008, but the federal Liberals were not quite there yet. There is some good news, however. We learned on Twitter this week that the Liberal Party's Quebec lieutenant supports that motion. He is in favour of repatriating the powers regarding culture to Quebec.

Is there any chance we can see that happening before the end of this session?

Canadian HeritageOral Questions

May 13th, 2021 / 2:55 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, on Tuesday, the National Assembly of Quebec unanimously adopted a motion on Quebec culture in the digital age. The motion states that Bill C-10 does not go far enough against the web giants to protect Quebec culture.

That is true, and that is why the Bloc Québécois made sure to introduce amendments to meet the expectations of Quebec's cultural community.

On Tuesday, the Parliamentary Secretary to the Minister of Canadian Heritage warmly supported the motion. Are we to understand that the minister will ensure that Bill C-10 will be prioritized as soon as it leaves the committee in accordance with the unanimous request of the National Assembly and Quebec's cultural community?

Canadian HeritageOral Questions

May 13th, 2021 / 2:20 p.m.


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University—Rosedale Ontario

Liberal

Chrystia Freeland LiberalDeputy Prime Minister and Minister of Finance

Mr. Speaker, as a former journalist and writer, I can assure you that I am acutely aware that Canadians have the right to freedom of expression. Our government would never limit freedom of expression. That is not what Bill C-10 does.

Canadian HeritageOral Questions

May 13th, 2021 / 2:20 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, we, the Conservatives are for culture and against censorship. The problem with Bill C-10 is that it was literally thrown together by the Minister of Canadian Heritage after he withdrew the much-talked-about clause 4.1 resulting in Canadians' freedom of expression no longer being protected and even threatened.

We are not the only ones saying this. Academics, observers, former members of the CRTC are sounding the alarm. This bill goes too far. The minister himself said that those with a very popular YouTube account will now be under the yoke of the federal government.

Who is going to draw the line between what is good and what is not good in that government?

Canadian HeritageOral Questions

May 13th, 2021 / 2:20 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, yesterday the Minister of Canadian Heritage admitted the goal of Bill C-10 is to end net neutrality, thereby controlling online freedoms. This is not about web giants or artists. It is about what Canadians can and cannot post, and can and cannot see online.

Can the heritage minister just admit that what the Liberals are trying to do actually has nothing to do with promoting Canadian content, and everything to do with stifling free speech and expression?

Canadian HeritageOral Questions

May 13th, 2021 / 2:20 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, Canadians are suffering while the rest of the world moves ahead and it is because of the Liberals' third wave.

We all know the Liberal thought police are alive and well, and through Bill C-10, the Prime Minister is expanding his attempt at controlling Canadians by controlling what they can or cannot see online. If we question Bill C-10, Liberals will call us conspiracy theorists, all while the heritage minister has incoherent and inconsistent answers on how the Liberals' own bill will apply.

Do these Liberals have such a low opinion of Canadians that they think they must control their online activities?

Canadian HeritageOral Questions

May 12th, 2021 / 3:05 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, Bill C-10 aims to level the playing field between creators and web giants. It requires big foreign streamers to provide information on their revenues in Canada, financially contribute to Canadian stories and music, and make it easier for individuals to discover our culture.

The bill explicitly says that obligations apply to web giants only, not Canadian users. Web giants have gone unregulated for far too long, and our government has chosen to act.

Canadian HeritageOral Questions

May 12th, 2021 / 3 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, experts are saying otherwise.

Canadian culture should be determined by the Canadian people, not the government. To censor online content based on a narrow definition of “Canadianness” is an attack on the artists whom the Prime Minister claims he supports. However, members should not take my word for it. Sherley Joseph is an advocate for Black content creators. She says the definition of “Canadian content” discriminates against Black creators, and Bill C-10 will actually prevent them from being able to leverage their voice. Interesting. It does not sound like an attack on web giants.

Will the Prime Minister finally give up on this unwanted Internet czar campaign and back off?