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.

Bill C-10

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, in a democracy, it is the government's job to defend people's right to speak freely, yet the Liberal government is doing the exact opposite. The Liberals changed their own legislation in Bill C-10 by removing the one section that protected the content Canadians post on their social media pages. The question I ask is, why?

For Bill C-10 to become law, it first has to pass a sniff test to make sure that it abides by the Charter of Rights and Freedoms. In November, the justice minister gave Bill C-10 the green light, citing clause 3, which protected individuals' online content from censorship. Interestingly enough, however, that is the very section that was removed.

Last week at committee, I put forward a motion that would seek to ensure Canadians' rights are protected. The Liberals shut down debate. Indeed, freedom is messy, but the alternative is soul-crushing and altogether destructive. Respect for the charter should not be a partisan issue, however, it is increasingly so. Conservatives will always defend the Canadian Charter of Rights and Freedoms. I would invite the Liberal members to do the same.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, our artists have been hit hard by the pandemic and, yet, right now we need them more than ever. It is their stories and songs that are helping us get through COVID-19. Helping artists and creators is at the heart of what Bill C-10 is about. Making sure that web giants contribute to our great creative industries for the stories, for the music and for the Canadian jobs in this important industry from coast to coast to coast. I hope that the Conservatives will end their filibuster and allow all of us to complete Bill C-10 and the urgent work required for our artists.

I was pleased to see the Canadian Independent Music Association, SOCAN, IATSE, Unifor and others show their support for us to continue through clause by clause, and to make it easier to discover Canadian shows and music, and make sure that web giants are making financial contributions to the Canadian sector. Let us get this done for our artists.

Canadian Net-Zero Emissions Accountability Act

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, I live in a province that has accepted the science, and folks on the other side of the aisle are now thinking carbon pricing is a great idea. Imitation is the best form of flattery, so I thank them for that.

In my province of British Columbia, climate pricing has been in place for over a decade now, and we have been seeing the results of it. Almost one out of every 10 vehicles sold is electric, and oil and gas consumption at the petrol pumps has been down significantly. B.C. has been cleaning its environment in that respect, and nationally we have physical attributes, such as planting two billion trees. There are industry standards, even in the oil and gas sector, that are helping to reduce carbon emissions. There are even comments from some CEOs, like the head of Shell Canada, who think that Bill C-10 is the right direction.

Whether we look at industry, the average Canadian or stakeholders—

Canadian Heritage

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, this is another example of the disinformation campaign the Conservative Party of Canada is waging against the Canadian public.

An impressive number of stakeholders came to committee to testify on Bill C-10, and they told us how necessary this legislation is. It has nothing to do with moderating content and everything to do with getting web giants to pay their fair share for Quebec and Canadian culture.

The Conservatives have chosen to side with Google and YouTube, some of the richest companies on the planet, over our artists and our culture in Quebec and Canada. It is disappointing, and the Conservatives should—

[Kyle Seeback, Conservative, Dufferin—Caledon, ON]

Mr. Speaker, they say that imitation is the finest form of flattery and, if so, George Orwell must be blushing with the Liberals' Orwellian attempt through Bill C-10 to control Internet content and social media.

A few days ago, the minister embarrassingly and incoherently attempted to justify the inclusion of user content in the bill. Canadians are rightfully outraged.

Will the minister dump this bill, or re-protect user content, or insult me like he insulted the member for Lethbridge or will he again try to explain this unexplainable infringement on Canadian freedoms?

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, last week, the heritage minister quoted me asking to stop child sexual abuse material on Pornhub to justify his free speech attack in Bill C-10. The Criminal Code defines that child pornography websites break the law with such vile videos and images, but rather than go after companies profiting from child exploitation and non-consensual videos, the Liberals have decided they will go after Canadians' Facebook posts instead.

How can the Liberals use the failure to charge, prosecute and convict on child sexual abuse material as an excuse for their assault on Canadian rights and freedoms?

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Mr. Speaker, we have lost count of the number of experts who have spoken out categorically against the new version of the Liberals' Bill C-10.

A former CRTC commissioner, former CRTC national directors, lawyers, university professors and experts in freedom of expression all said that the bill went much too far and that it stepped over an unacceptable line.

Why are the minister and the Liberal government refusing to listen to all these experts?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, it is sad that the minister still does not have an answer to this question. It has been asked for days now, and still, he continues to point to big organizations, such as Google and Facebook, rather than talking about the protection of individual rights and freedoms, which is the question at hand.

Bills like Bill C-10 are put through a sniff test, which means that the justice department goes through them and decides whether or not they adhere to the Charter of Rights and Freedoms.

At committee last week, I put forward a motion asking that there be another review done to this bill because it has substantially undergone change. Experts have stated that we need a new evaluation from the justice minister to determine if Bill C-10 respects the charter.

Does the minister agree?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, the Liberals recently changed their own legislation, Bill C-10.

They removed the one section that safeguarded individuals from online government censorship. Why?

Bill C-10

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, dangerous, draconian, the worst thing to happen to free speech in our history: One would think I am describing legislation proposed in a communist regime or a dictatorship, but unbelievably, in fact, this is how experts are describing legislation proposed right here in Canada with the Liberals' Bill C-10. However, maybe we should not be surprised. We all remember how the Prime Minister professes admiration for China's basic dictatorship.

Unlike the heritage minister, I will be clear. Bill C-10 opens the door for state regulation and control of the Internet. The former commissioner of the CRTC said this is “a full-blown assault” on free expression and “the foundations of [our] democracy”. The Liberals want to control what we see on YouTube, Netflix and Twitter, or if it is content that they do not agree with or that does not align with Liberal virtue, the Prime Minister is giving himself the authority to have it removed.

Clearly, this is a move to silence Canadians' free speech and freedom of expression. Conservatives will not support this. We want all Canadians to be the voice of defending our free speech.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, like all of the Liberals' policies, Bill C-10 is a poorly thought-out piece of legislation that will have a tidal wave of consequences for everyday Canadians, first and foremost curtailing their freedom of speech online. This is unacceptable.

The Liberals have removed the clause that confirmed the charter right to freedom of speech would be upheld. Looking deeper, Canadians can see the Liberals' effort to give the CRTC policing powers to oversee user-generated content, giving it the power to order takedowns on online content it deems objectionable.

By what right can the Liberals or the CRTC judge whether someone's content is objectionable? Do we not have freedom of expression in this country? Who made the heritage minister the arbiter of acceptable content? A former CRTC commissioner says this is “a full-blown assault upon...the foundations of democracy”.

Conservatives will not stand for it. Bill C-10 must be withdrawn or amended to protect freedom of speech in Canada.

Canadian Heritage

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, in what has been characterized as a full-blow assault on freedom of expression, the Liberals amended Bill C-10 to give the government the power to control the social media content of everyday Canadians to ensure that it matched “the government's vision”. This is nothing short of Orwellian.

Why is it that when it comes to freedom of expression, the government's approach is that it can be damned?

[Jasraj Singh Hallan, Conservative, Calgary Forest Lawn, AB]

Mr. Speaker, Bill C-10 limits the freedom of speech of the Canadian people. Many immigrants and refugees come here to enjoy the freedom and liberty that they did not have the luxury of back home. This bill gives power to a big government institution that can use it to silence and oppress marginalized groups online.

Why will the Liberal government not stay out of the lives of consenting Canadians and let people live free from the hands of big government?

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, my office has heard from many New Brunswickers who are very concerned about the Liberal government's plan to censor Internet content. Bill C-10 will have a chilling effect on local content creation, something that is increasingly important in rural communities, where residents use social media to share news and their stories.

Will the minister do the right thing and abandon this Orwellian plan?

Bill C-10

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, in what countries do the governments control what people post on the Internet and what they can see, and punish content that does not match “the government's vision”? They are China, Russia and soon to be Canada, because that is precisely what the Liberal government's Bill C-10 would do. Comments about matching the government's vision are not those of a Chinese communist official, but of the Minister of Canadian Heritage.

Former CRTC commissioner, Peter Menzies, has characterized this bill as a full-blown assault on freedom of expression and the foundations of democracy. It is no wonder the Prime Minister has expressed admiration for China's perfect dictatorship. This bill is Orwellian, it is undemocratic, it is un-Canadian and it must be stopped.