This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.
Steven Guilbeault Liberal
In committee (Senate), as of June 29, 2021
(This bill did not become law.)
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.
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:
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 the 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. Our government has chosen to act.
Alain Rayes Conservative Richmond—Arthabaska, QC
Mr. Speaker, all of us, all MPs from all parties, agree that we must help the cultural sector. I asked the Prime Minister a very simple question.
Are the people who defend freedom of expression in this country considered to be troublemakers, conspiracy theorists and people who spread misinformation? Does he really believe that the concerns of Canadians, analysts, experts, professors and all those who oppose the Liberal government's Bill C-10 are part of a huge conspiracy as his Minister of Canadian Heritage is implying? Does he agree with his heritage minister, yes or no?
Alain Rayes Conservative Richmond—Arthabaska, QC
Mr. Speaker, the Minister of Canadian Heritage posted a tweet suggesting that public opinion is being manipulated by a misinformation campaign and that anyone questioning Bill C-10 and the Liberals' attack on freedom of expression is, at best, a conspiracy theorist.
I have a very simple question for the Prime Minister: Does he endorse what the Minister of Canadian Heritage said?
Alain Rayes Conservative Richmond—Arthabaska, QC
Mr. Speaker, the Minister of Canadian Heritage posted a tweet suggesting that public opinion is being manipulated by a misinformation campaign and that anyone questioning Bill C-10 and the Liberals' attack on freedom of expression—
Julie Dabrusin LiberalParliamentary Secretary to the Minister of Canadian Heritage
Madam Speaker, I am honoured to have the opportunity to respond to the issues raised by my colleague tonight.
Our government is committed to upholding the ideals of freedom of expression and protecting Canadians' rights as guaranteed in the Charter of Rights and Freedoms. That is why I want to clarify that Bill C-10 in no way seeks to silence Canadians.
Our government stands strongly in favour of the protection of freedom of expression and charter rights, and it is incorrect for the opposition to state that Bill C-10 would regulate the Internet or that it would restrict freedom of expression.
I would like to point out that the act itself has a specific requirement that the Broadcasting Act be construed and applied in a manner that is consistent with freedom of expression and journalistic, creative and programming independence. I would like to further clarify that the changes that we are proposing through Bill C-10 to modernize the Broadcasting Act do not have the impact that the member opposite states.
The purpose of this modernization is to update a law that has remained unchanged since we were renting videos from the local corner store and we had yet to even imagine streaming services. The law is outdated and has created an uneven playing field for web giants that do not have to contribute to the creation of Canadian stories and music. Our artists have shown overwhelming support to update this law.
The bill does not apply to individuals posting content to social media. In fact, individuals are specifically excluded. This bill is not about what Canadians do online; it is about what web giants do not do in Canada, which is support Canadian works, languages, stories and music.
There is an amendment before the heritage committee that clarifies the powers that the regulator, the CRTC, would have over social media companies and the companies alone. The only things that will be asked of social media companies are the following. The first is how much revenue the platform makes in Canada, Second, they are asked to invest a certain percentage of that platform's Canadian revenues into our cultural production funds. Third, they are asked to promote and make discoverable our artists.
Another important point is that the discoverability requirement for social media companies is not the same as the one that applies to traditional TV and radio broadcasters. The social media company will not need to show or play a proportion of Canadian shows or music. The discoverability requirement for social media companies is only to make our creators discoverable, for example, to include them as suggestions in playlists.
Finally, the regulator will not have any powers relating to broadcasting standards for social media companies. The only powers will be the three that I have stated on Canadian revenue, investing in Canadian stories and music and making our artists discoverable.
I was pleased to see that Quebec's National Assembly unanimously supported Bill C-10. I would like to thank its members for their commitment to creative artists. The CRTC is not just going to start regulating content posted by users. Let me reiterate that this bill is in no way an attack on Canadians' freedom of expression.
I look forward to welcoming the justice minister's new charter statement on Bill C-10 as well as hearing from expert witnesses on the changes that have been proposed.
Canadians are at the heart of Bill C-10.
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Madam Speaker, the Prime Minister and his heritage minister are engaged in an offensive against their critics. Yesterday the heritage minister, quoting an article, accused his critics of “a deliberate campaign of misinformation by commercial interests that would prefer to avoid the same regulatory oversight applied to broadcast media.”
While the heritage minister is quoting individuals who are part of the groups that have lobbied him and his ministry, the opponents, which he and the Prime Minister accuse of being part of a conspiracy theory and wearing tinfoil hats, number in the tens of thousands of Canadians. They include noted professors of law, Internet law experts and the former chair of the CRTC.
The government is rightly under siege for its flawed bill, Bill C-10. It is a bill that the minister seems to know shockingly little about, as evidenced in his disastrous appearances on news shows over the past two weeks.
While the minister and the Prime Minister are threatening the freedom of expression of Canadians and proposing draconian measures that would restrict and limit the expression of Canadians online, they are also proposing measures that would establish a regulatory body that could block websites from Canadians being able to see them and have social media posts ordered to be taken down. It is concerning when any government seeks to limit the freedom of expression of its citizens, especially so when it is completely unable to articulate the rationale for why this is appropriate.
The government says it is to protect Canadian culture, but there were protections included in the legislation for individual Canadians. However, the government stripped those protections, saying the bill did not need them, and now is proposing half measures that would still not address Canadians' concerns.
Some of the concerns Canadians have include the fact that the Prime Minister has a history of silencing his critics. When he is talking about being able to order web pages blocked, social media posts taken down and the regulation of social media users who have followings that meet no decided threshold, but just have a lot of followers or views, it raises concerns.
This is the same Prime Minister who fired his attorney general, the member for Vancouver Granville, as she was speaking truth to power and stopping him from his attempts to interfere in the criminal prosecution of his friends at SNC-Lavalin. This is the same Prime Minister who kicked the member for Vancouver Granville and Dr. Jane Philpott out of the Liberal caucus for speaking out against him. This is the same Prime Minister who obstructed the investigation in what was later labelled the “Trudeau II Report”, which detailed his attempted interference in the criminal prosecution of SNC-Lavalin. It is the same Prime Minister who silenced committees and parliamentarians investigating the WE scandal when he prorogued Parliament and locked the doors to this place.
Canadians are rightfully wondering, as are Internet law experts and the former chair of the CRTC, to name a few, what the government is really trying to do with this clumsy legislation and its spokesperson, the minister, who does not seem to have even read the legislation. Is it really about protecting Canadian content or, in fact, is this legislation about silencing critics of the government?
Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC
Mr. Speaker, the International Grand Committee brings together parliamentarians from around the world to discuss the issues surrounding the role social media platforms play in our democracies. As one of the committee's founders, I have always stressed the importance of ensuring our fundamental right to freedom of speech is protected. It is why I am so deeply disturbed by Bill C-10. As former CRTC commissioner Timothy Denton wrote, the bill is “Clearly intended to allow speech control at the government’s discretion.”
What does the Liberal government have against free speech in Canada?
Steven Guilbeault LiberalMinister of Canadian Heritage
Mr. Speaker, this will allow me to continue enumerating the list of supports that Bill C-10 has received. It includes, the Music Managers Forum Canada; the League of Canadian Poets; Quebec English-language Production Council; Professional Music Publishers' Association; Canadian Media Producers Association; Professional Music Publishers' Association; Directors Guild of Canada and the The Writers Guild of Canada; Songwriters Association of Canada; Access Copyright; and the list goes on.
Earl Dreeshen Conservative Red Deer—Mountain View, AB
Mr. Speaker, my constituents of Red Deer—Mountain View are shocked to discover that the Liberal government is planning to regulate what content they can post on social media channels like Facebook. They are also shocked and disturbed by the confused, contradictory and misleading statements from the minister. On Monday, we found out that thanks to public backlash, the Liberal government's Bill C-10 has now been forced on hold pending a charter review.
Canadians have fought and died to defend our right to free speech and freedom of expression. Why is the Liberal government so determined to wipe out that proud tradition and put these rights at risk?
Steven Guilbeault LiberalMinister of Canadian Heritage
Mr. Speaker, I would like to remind the hon. member that Peter Grant, counsel at McCarthy Tétrault LLP and past chair of Technology, Communications and Intellectual Property Group, came out in support of Bill C-10. Others that came out in support include Jane Yale, chair of The Broadcasting and Telecommunications Legislative Review Panel; Pierre Trudel, law professor at the University of Montreal and first head of the L.R. Wilson Chair in Information Technology and E-Commerce Law, and communications professor; and the Coalition for the Diversity of Cultural Expressions, which actually represents 200,000 artists across the country, musicians from coast to coast to coast, artists, creators, the Canadian actors—
Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON
Mr. Speaker, the Liberals are trying to regulate the Internet and the algorithms of social media platforms. Bill C-10 is an attack on accounts with blue check marks that are simply wanting to express their opinions.
Recently, University of Ottawa law professor Michael Geist stated that Bill C-10 had been a fundamentally flawed piece of legislation from the outset. The former CRTC chair, Konrad von Finckenstein, also said the legislation should not be passed in its present form.
It is clear that the heritage minister is struggling with his own bill. Why is the Liberal government so determined on attacking Canadians' freedom of speech?
Steven Guilbeault LiberalMinister of Canadian Heritage
Mr. Speaker, I thank my hon. colleague for providing me with this opportunity to read a long list of organizations that have already lent their support to Bill C-10 in the past few weeks.
I am thinking of the Société civile des auteurs multimédia, the Société des auteurs et compositeurs dramatiques, Copibec, the Alliance nationale de l'industrie musicale, the Association des distributeurs exclusifs de livres en langue française, the Fédération nationale des communications et de la culture, SOCAN, the Fédération culturelle canadienne-française, the Union des artistes, the Association des professionnels des arts de la scène du Québec, the Association québécoise des auteurs dramatiques—
Steven Guilbeault LiberalMinister of Canadian Heritage
Mr. Speaker, Bill C-10 aims to level the playing field between creators and web giants, and I continue to be baffled by the fact that the Conservative Party of Canada has decided to side with some of the wealthiest and most powerful companies in the world, against our Canadian artists in this country and our musicians.
We would require big, powerful foreign streamers to provide information on their revenues in Canada, to 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 to Canadian users.
Rachael Thomas Conservative Lethbridge, AB
Mr. Speaker, the minister is talking about those groups that receive handouts from the government in order to stay afloat. He is not talking about those individuals who work hard in order to capture an audience organically on YouTube.
Canadian content creators have worked hard to capture massive audiences without any help from government, yet we see the Liberals attempting to tip the scales in favour of those big lobby groups. They are doing so by penalizing individual Canadians for finding success on social media without government support.
Bill C-10 is a disastrous attack on freedom and those with a creative or entrepreneurial edge. When will the heritage minister listen to Canadian content creators and back off?
Rachael Thomas Conservative Lethbridge, AB
Mr. Speaker, aspiring creatives have found a way to successfully market themselves on social media platforms. In doing so, they pose a threat to big arts and culture groups that have traditionally relied on government favours in order to stay afloat.
Finding it hard to compete with savvy YouTubers, those arts and culture groups knocked on the government’s door and asked the Prime Minister to tip the scales. Enter Bill C-10.
How does picking winners and losers protect Canadian culture?