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.

Canadian Heritage

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I am rather shocked by my hon. colleague's question. I did not hear the Bloc Québécois speak out in forums all across the country against the Conservative Party and in support of Bill C-10.

I spoke with over 4,000 artists from across the country over the last few months, and they told me they want Bill C-10 to be passed.

We are doing everything we can. Obviously, the bill is in the hands of the committee. We are working with a party that does not want to collaborate and that has said in the past that it did not want this bill to see the light of day.

There is a certain guile—

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, he said it is a top priority. We will keep that in mind.

Not long ago on Tout le monde en parle, the Minister of Canadian Heritage seemed open to working with the Bloc Québécois leader to expedite passage of Bill C-10, but it has been radio silence since then.

The Liberals are refusing to discuss this issue with the Conservatives, and the cultural industry is paying a heavy price for their ideological unwillingness to communicate. It is paralyzing committee work. The committee wants two ministers to appear. One agreed to show up, but the other requires some arm-twisting. The committee called for a new Charter statement, but the Minister of Justice decided that was not really necessary. We are reaching out, but that arm is starting to get a little tired.

When the government tells the cultural sector that Bill C-10 is a priority, does it really mean that?

[Alain Therrien, Bloc, La Prairie, QC]

Mr. Speaker, the National Assembly of Quebec is calling on Parliament to pass Bill C-10. Quebec's cultural sector is calling on Parliament to pass Bill C-10. The Bloc Québécois is telling the government that it will do everything it can to get Bill C-10 passed.

We do this is in the spirit of collaboration, but the government does not seem to be in any hurry. It does not seem to be taking this very seriously, and I must admit that we are concerned. What is the government doing to ensure that the modernization of the Broadcasting Act gets passed?

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

Mr. Speaker, our nation has a legacy of being a prime destination for immigrants and refugees because we enjoy many liberties and freedoms here that many around the world do not have the luxury of. Things such as freedom of expression, religion and choice and free enterprise make us a beacon of hope and prosperity for many. However, that is under attack with the Liberal government's Bill C-10.

The government flaunts supporting diversity in media and representation, but the bill could affect many ethnic and marginalized media outlets that have small budgets. This bill muzzles freedom of speech and expression. This is similar to what dictatorships do to their citizens. The heritage minister's agenda to silence ethnic and marginalized groups is unacceptable.

I stand here today for freedom and for diversity in media, and against Bill C-10.

Budget Implementation Act, 2021, No. 1

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, I want to thank the hon. member for Edmonton Strathcona for all her work she does on the heritage committee, where we are currently studying Bill C-10.

She is right. There is no help at all for the oil and gas industry in Saskatchewan and Alberta. We need to diversify. Both provinces know that, particularly Alberta, because of its situation it is under right now, but the government has really avoided western Canada. I was looking at the polls today. They were shut out in Alberta and Saskatchewan for a very good reason in the last election, and they are going to be shut out again. They have absolutely forgotten about western Canada, and we are going to make them play next time in the province of Manitoba.

Canadian Heritage

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, despite the Conservatives' attacks on Quebec and Canadian creators, we want to emphasize that an individual who posts on social media platforms will never be considered a broadcaster under Bill C-10.

The obligations that apply to the web giants will not apply to Canadian users. This protection is clearly set out in clause 2.1 of the bill.

Why do the Conservatives continue to hammer on this? It is simply because they do not support Canada's cultural industry.

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, it is a shame to see Conservatives attacking the Canadian cultural industry once again.

Justice Canada's analysis confirms that Bill C-10 remains consistent with the charter right to freedom of expression.

Bill C-10 aims to level the playing field between Canadian creators and web giants. It requires powerful foreign broadcasters to provide information on their revenues, to contribute financially to Canadian stories and music, and to enable different audiences to experience our culture. This is what we will always strive to do.

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

Mr. Speaker, we were shocked yesterday to hear the Minister of Canadian Heritage say that Bill C-10 would not limit net neutrality in any way.

However, in Bill C-10, the Liberal government gives the CRTC more powers to regulate social networks, blogs, online gaming sites, apps and even audiobooks.

I have a very simple question for the Prime Minister. Does he believe that regulating these platforms is in keeping with the principle of net neutrality, yes or no?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, on the contrary, what we have demonstrated from the very beginning of our time in office in 2015 is that we are there to support Canadian content and Canadian creators right across the country, particularly after a Conservative government did nothing but attack culture and content creators, and limit the cultural industries in this country.

We will continue to stand up for producers and creators of great Canadian content right across the country. Bill C-10 is about giving the CRTC the tools to do just that in a world where people do not only get their Canadian content from CBC or CTV or on the radio.

We need to make sure we continue to support Canadian content. That is exactly what we are going to do. It is no surprise the Conservatives do not get it.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, that was embarrassing. There was a lot of um's and ah's and a few stumbles, yet the Prime Minister is not able to define Canadian content. He likes to talk about it a lot, though.

Let us talk a little more about Canadian creators, shall we? Brian Wyllie from Calgary is an expert gamer who has over a million followers on Twitch. Montrealer Kiana Gomes created a whole business using TikTok. Sadly, these self-made creators just are not Canadian enough to be considered artists by the Liberals. Bill C-10 would punish them, demote them and prevent them from being further successful.

Why is the Prime Minister hell-bent on punishing these ingenious creators?

[Rachael Thomas, Conservative, Lethbridge, AB]

Wow, Mr. Speaker, I thought the Prime Minister was going to mansplain net neutrality there for a moment, but it looks like he does not even understand the definition because he could not define it.

The Prime Minister tries to mislead Canadians by saying that Bill C-10 is against web giants and it is about promoting Canadian artists and content. Let us have some fun and do a little quiz.

There is a movie called Ultimate Gretzky. It is about none other than Canada-born Wayne Gretzky, who is often described as the greatest hockey player ever. It was also filmed largely in Canada.

Could the Prime Minister tell us if this movie is Canadian enough to pass as Canadian content?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, in 2017, the Conservatives demonstrated they did not understand net neutrality, and they certainly do not understand it now.

Bill C-10 seeks to promote Canadian music, storytelling and creative works. It does not affect the work and activities of Internet service providers in Canada. It has no impact on Canada's commitment to net neutrality.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, the Prime Minister insists on misleading the House and thereby the Canadian public.

In 2017, however, the Prime Minister was committed to defending the concept of net neutrality, which is the principle that Internet users should have equal access to all sites, all content and all applications without blocking or giving preference.

Now, he wants to put an Internet czar in place in order to promote some creators and demote others. It is wrong.

With Bill C-10, the Prime Minister is turning Canada into the most digitally regressive democracy in the world. Why?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, just as Canada's analysis confirms that Bill C-10 remains consistent with the charter's guarantee of freedom of expression, Bill C-10 aims to level the playing field between creators and web giants.

It requires big, powerful foreign streamers to provide information on their revenues in Canada, to financially contribute to Canadian stories and music, and to make it easier for individuals to discover our culture.

The bill explicitly says that obligations apply to web giants only: not to Canadian users. Web giants have gone unregulated for far too long. Our government has chosen action over reaction.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, in 2018, the current Liberal Minister of Justice said, “Our government supports an open Internet where Canadians have the power to communicate freely and have access to the legal content of their choice.” That seems like a good idea.

Sadly, Bill C-10 does the exact opposite. It actually takes choice away from Canadians by dictating the content they should and should not view online. It is sneaky. It is controlling, and it is wrong. Why is the Prime Minister insisting on regulating the Internet?