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 the Library of 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
C-10 (2011) Law Safe Streets and Communities Act
C-10 (2010) Constitution Act, 2010 (Senate term limits)

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 5th, 2021 / 2:40 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, our artists and creators are among the Canadians who have been hardest hit by this pandemic. They are suffering financially and mentally. This bill is about ensuring that we are no longer putting the interests of international companies ahead of Canadian creators.

We have been clear that this is not about individual users or about what individual Canadians post online. As the Minister of Canadian Heritage said, we will be bringing forward an amendment to ensure that this is absolutely clear. We must get to work and pass Bill C-10.

Canadian HeritageOral Questions

May 5th, 2021 / 2:40 p.m.


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Durham Ontario

Conservative

Erin O'Toole ConservativeLeader of the Opposition

Mr. Speaker, last night, Reuters had a headline that said, “the government was working on 'fake news' legislation to tackle 'misinformation, hatred and lies,' as worries grow over media freedoms”.

When it comes to the basic freedom of expression, the Prime Minister has also always felt it should be free if it agreed with his expression.

Why is the government once again taking a hammer to Canadian free expression rights with Bill C-10?

Bill C-10Statements by Members

May 5th, 2021 / 2:15 p.m.


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Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Mr. Speaker, I am here in Ottawa today specifically to push back and fight against the government's bill, Bill C-10, which is an absolute attack on the freedoms we as Canadians enjoy online. This legislation would give sweeping power to the CRTC to regulate the Internet with no clear guidelines of how that power would be used.

The government has now said it would introduce an amendment to make it clear that the content uploaded on social media sites would not be regulated by this bill. However, Canadians still have the right to be concerned. This is unacceptable in a society such as ours that values its freedom.

It could not have been said any better than by the former chairman of the CRTC, who stated that this bill, “doesn’t just infringe on free expression, it constitutes a full-blown assault upon it and, through it, the foundations of democracy.”

This bill has no place in a free and fair society like Canada's, and I will work tirelessly to oppose such a bill becoming law.

Canadian HeritageAdjournment Proceedings

May 4th, 2021 / 7:10 p.m.


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Toronto—Danforth Ontario

Liberal

Julie Dabrusin LiberalParliamentary Secretary to the Minister of Canadian Heritage

Madam Speaker, I am happy to respond to the question raised by my colleague, the hon. member for Sherwood Park—Fort Saskatchewan.

The proposed modernized Broadcasting Act is about fairness, a value that is essential in any healthy democracy. We believe that Canadian broadcasters deserve a fair shot at competing against streaming services. Everybody who benefits from the system should contribute to it, therefore, a modernized Broadcasting Act would require streaming services to support the creation and discovery of Canadian music and stories, creators and producers.

A fair broadcasting system can not only keep citizens informed, but also amplify the voices of marginalized people. Over 70 years ago, the United Nations General Assembly adopted the Universal Declaration of Human Rights.

Thanks to the declaration's legacy and that of the Canadian Charter of Rights and Freedoms, the government is acting on its commitment to protect and defend human rights by preventing gender-based violence, fighting racism and eliminating all forms of discrimination.

Bill C-10 would ensure a more faithful representation of the diversity of Canadian society by creating a broadcasting system whose programming and employment opportunities are more inclusive. A system that serves the needs of all Canadians is, by definition, a more democratic system.

Bill C-10 would also set the stage for a broadcasting system that serves the interests of francophones and anglophones, indigenous peoples, Canadians from racialized communities, and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions and ages.

Along these same lines, the bill would provide the CRTC with new, flexible regulatory tools intended to encourage the development of diverse Canadian expression by, for example, incentivizing diversity in key creative positions, or by supporting programs and creators from diverse communities.

As we continue to move through clause by clause, it is through looking at these aforementioned values that we shall continue to examine and debate all motions presented before the Standing Committee on Canadian Heritage.

Canadian HeritageAdjournment Proceedings

May 4th, 2021 / 7:05 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, Bill C-10 is an attack on the freedoms of Canadians, Particularly in its present form, it fundamentally threatens our way of life. Officially, the bill is about changing the Broadcasting Act to bring online streaming services under broadcasting regulations, but it now also seeks to create a framework whereby social media companies and users can be directly regulated by the unelected bureaucrats at the CRTC.

Social media platforms today are the primary place where public debate takes place. They are the public space. They are like radio and television, where large companies broadcast artistic content through limited airwaves. They are the place where all kinds of conversations take place between free individuals expressing and critiquing important ideas. Previously public and private conversations now all take place in this online space. Therefore, any regulation of social media is necessarily regulation of speech, of debate and of that public square.

Broadcast regulation is not about combatting hateful content. There already are Criminal Code provisions dealing with this. Certainly there is a case for regularly re-evaluating those provisions, but broadcasting regulation is about shaping content with other objectives in mind, such as seeking representation of what is deemed Canadian content and establishing quotas for representation of certain views or experiences. Applying this approach to social media means that the government would have dramatic capacity to shape the content which is shown and the user experience on social media.

The algorithms that shape this experience are already fairly opaque in terms of what is seen by whom and why. For this reason, Bill C-10 is a particularly dangerous form of state censorship. Normally, censorship is explicit and transparent; people know who and where the censors are. However, in the world envisioned by Bill C-10, the dialogue happening in the public square, what we see and cannot see, is shaped by state-directed algorithms advancing certain kinds of content over others, sometimes without our knowing about it at all.

Whether individual users are treated as broadcasters or not, their content and who sees it would be controlled through state regulation of social media platforms. In a free society, the state must not take it upon itself to control the flow of information in the public square, but Bill C-10 would create control by default.

At one time, being Liberal meant adhering to the values of freedom, believing that the free exchange of ideas leads to ideas being measured and conclusions being drawn that best harness the wisdom and experience of the wider community. However, today we are seeing increasing efforts to create fear about the implications of free and open discussion. We are warned about misinformation and fake news, about the dangers of populism and public confusion and about the need to trust authority. Some are using these warnings to push us toward an illiberal reality whereby growing state control is justified and powerful people are less likely to be held accountable.

Let us not shy away from the fact that in a free society, people are going to say stupid and false things on the Internet. When that happens, there is no need to engage in hyperbolic moral panic. Just tell them they are wrong and tell them why. Truly liberal people do not freak out about the fact that other people do not believe things that are true. Totalitarian control of the flow of information, even in pursuit of truth, inevitably leads to the suppression of contrary opinions which, in the long run, could turn out to have merit. Free societies allow competition between different ideas to be lived out and allow people to come to conclusions based on what they observe.

There used to be so much optimism about the online community's capacity to usher in a small-l liberal golden age of free and equal debate and competition no longer dominated by powerful industrial actors or governments. However, now, perversely, politicians who call themselves Liberal are pushing a return to reactionary state control of the flow of information and creating regulations that advantage strong incumbent players.

In the midst of this situation, I am proposing amendments which seek to protect free societies from foreign-state-backed interference. When foreign states control our airwaves and shut out contrary voices, that undermines the free exchange of ideas that Canadians want to see.

When I asked about this proposed amendment around foreign content, the government claimed that it did not have a position because it wanted to let the committee do its work independently. However, now we can see clearly from government communications that the Liberal MPs are being directed by the PMO. Would it not be ironic if, while seeking to censor the speech of Canadians, the government failed to act in response to the efforts of foreign states to control our airwaves. The government must fix Bill C-10 or withdraw it.

Canadian HeritageOral Questions

May 4th, 2021 / 3 p.m.


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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, our artists are among the Canadians who have been hit the hardest by the pandemic. They are suffering financially and mentally. Bill C-10 brought them the hope that things would get better soon with the promise of forcing web giants to invest in our stories and music. The Conservatives are stalling Bill C-10, siding with web giants against Canadian artists and creators who are deprived of hundreds of millions of dollars.

Why is the Conservative Party siding with Google, one of the wealthiest companies in the world, instead of with Canadian musicians and artists?

Canadian HeritageOral Questions

May 4th, 2021 / 3 p.m.


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Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, my office has been inundated with calls and emails from constituents who are furious about Bill C-10, and for good reason. By rejecting an exemption that would have protected them and their social media posts from the long arm of the CRTC, the government is taking away their charter rights of freedom of speech and expression. I know the Prime Minister admires basic dictatorships, but my constituents do not.

Why is the government feeling so threatened by Canadians' right to free speech?

Canadian HeritageOral Questions

May 4th, 2021 / 3 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, dozens of constituents have written to me to express their shock and dismay at the government's attempt to control speech and online content with Bill C-10. Government censorship of the Internet is something that happens in totalitarian societies, not free ones.

Since Canada already has laws that cover hate speech, what is the hidden agenda of the Minister of Canadian Heritage that requires these additional censorship powers?

Canadian HeritageOral Questions

May 4th, 2021 / 2:55 p.m.


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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, if anyone is abandoning our creators, it is the opposition. It refuses to let us move forward with Bill C-10, which nearly all arts organizations across the country are calling for. Just this week, it was ADISQ and the Union des artists.

Why did the Bloc Québécois vote in favour of a Conservative Party resolution to halt work on Bill C-10, through which hundreds of millions of dollars will be invested in Quebec culture and francophone Canadian culture across the country? It makes no sense.

Canadian HeritageOral Questions

May 4th, 2021 / 2:50 p.m.


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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, with all due respect to the hon. member, I must say that what he is saying is false.

Let us not forget that a year ago, there was no obligation on the part of web giants to invest in Quebec culture. That is what we are trying to accomplish with Bill C-10. There was no taxation for web giants, but it is included in the last budget. We have also announced, as have many other countries, that we would move forward with further measures. I challenge members to find any other country that is doing as much as Canada is doing right now to take on web giants. There is no such country. That is the simple and fundamental truth.

Canadian HeritageOral Questions

May 4th, 2021 / 2:50 p.m.


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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, as they say, actions speak louder than words.

My esteemed colleague has an opportunity to support francophone artists from across the country. Bill C-10 will enable the government to invest hundreds of millions of dollars in culture, in music, in our TV shows and movies and in francophone culture across the country.

If he is really such a champion of francophone culture, why is he standing in the the way of Bill C-10? ADISQ, SARTEC and Quebec's Union des Artistes are calling on the Conservative Party to support Bill C-10.

Canadian HeritageOral Questions

May 4th, 2021 / 2:50 p.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, for a week now, we have been asking the Minister of Canadian Heritage to tell us why he is not listening to experts who say Bill C-10 is a direct attack on freedom of expression. He has denied the facts and turned down our request to get another opinion from the Minister of Justice.

Given that he has failed to step up, I will put my question to the Minister of Justice directly. Will he provide an opinion on whether this bill complies with section 2(b) of the Canadian Charter of Rights and Freedoms or not?

Canadian HeritageOral Questions

May 4th, 2021 / 2:45 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, that was a non-answer. For Bills like C-10 to become law, they have to pass a sniff test to make sure they adhere to the Canadian Charter of Rights and Freedoms.

In November, the justice minister gave Bill C-10 a green light, but the bill has changed significantly since that time. Experts believe that a new opinion is needed from the justice minister. Over and over again, the heritage minister, including just right now, has proven incompetent in his ability to answer my question.

Therefore, my question is for the justice minister. Does he agree that a new charter statement is needed?

Canadian HeritageOral Questions

May 4th, 2021 / 2:45 p.m.


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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, our artists are among the Canadians who have been hit the hardest by the pandemic. They are suffering financially and mentally. Bill C-10 brought them the hope that things would get better soon, with the promise of forcing web giants to invest in our stories and music.

Now the Conservatives are stalling Bill C-10, siding with web giants against Canadian artists who are deprived of hundreds of millions of dollars. Why is the Conservative Party siding with Google, one of the wealthiest companies in the world, instead of Canadian musicians and artists?

Canadian HeritageOral Questions

May 4th, 2021 / 2:45 p.m.


See context

Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, 10 times the heritage minister has decried fake news when questioned about Bill C-10. Those who have criticized the Liberals' attempt to violate Canadians' freedom of expression have been called extremists. Yesterday, the minister resorted to a new low by attacking my personal beliefs and values because he did not like that I was asking important questions that Canadians have.

Is the government only interested in protecting the speech it agrees with?