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

[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, Liberal, Minister 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, Liberal, Minister 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, Liberal, Minister 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, Liberal, Minister 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?

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, Bill C-10 is designed to level the playing field between Canadian creators and the web giants. It will force powerful foreign broadcasters to provide information on their revenue, contribute financially to Canadian stories and music, and enable different audiences to discover our culture. The bill explicitly stipulates that these obligations apply only to web giants and not to Canadian users. The web giants have been exempt from regulations for far too long. Our government has chosen to take action instead of simply reacting.

[Richard Martel, Conservative, Chicoutimi—Le Fjord, QC]

Mr. Speaker, first the minister said that the government's and CRTC's regulations in Bill C-10 would apply to people who have a lot of followers, earn money and could be considered influencers or broadcasters. The following day he said the opposite. I do not know whether the minister understands his own bill, but one thing is for sure. The bill is vague, confusing and unacceptable.

Why is the Liberal government trying to subject Canadians to a law that will violate freedom of expression?

Bill C-10

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Mr. Speaker, I have heard from hundreds of constituents in Kelowna—Lake Country expressing their concerns about the Liberal government’s attempted overreach to regulate individual Canadian Internet users through Bill C-10.

The Macdonald-Laurier Institute stated Bill C-10, “constitutes a full-blown assault” on free expression.

University of Ottawa Professor Michael Geist, Canada's Research Chair in Internet and E-commerce Law, said that Bill C-10 represents, “an exceptionally heavy-handed regulatory approach where a government-appointed regulator decides what individual user generated content is prioritized”.

The CBC reported, “free speech is at risk”.

However, the Prime Minister says that those in Parliament who question him on this topic wear tinfoil hats.

Now the Liberal Minister of Canadian Heritage has been trying to undo the confusing pretzel of information he has twisted, but Canadians in this free and democratic country are smarter than he thinks they are.

Conservatives will persist in standing for the freedoms of Canadians who post their content online.

Canadian Heritage

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I would like to quote members of the Coalition for the Diversity of Cultural Expressions, who state, “Bill C-10 in no way infringes on the freedom of expression, nor does it represent censorship of the Internet.”

The cultural sector is very clear. It wants this bill. Hundreds of millions of dollars for art creators, artists and art musicians are at stake. We are asking the committee to accelerate the completion of its work on Bill C-10 so it can be brought back to the House.

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

Mr. Speaker, for weeks, the Liberals have continued their attack on freedom of speech online. As it currently stands, Bill C-10 would grant the CRTC the ability to regulate content that is posted online by individuals who are not even considered broadcasters. This is not disinformation; these are serious concerns that have been raised by former CRTC chairs and highly respected academics.

Will the minister agree to stringent and in-depth protections for user-generated content in Bill C-10?

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I thank my hon. colleague for giving me the opportunity to remind him of all the people and organizations across the country who support Bill C-10.

Among others, there is Pierre Trudel, professor at Université de Montréal's Faculty of Law and first chair holder of the L.R. Wilson chair in information technology and e-commerce law. There is also the Coalition for the Diversity of Cultural Expressions, the National Alliance of the Music Industry, the Association des distributeurs exclusifs de livres en langue française, the Société civile des auteurs multimédia, the Société des auteurs et compositeurs dramatiques, Copibec, the Association—