An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This bill was last introduced in 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.

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.

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.

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

EthicsOral Questions

May 5th, 2021 / 3 p.m.


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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, is the root of the problem with Bill C-10 that the Prime Minister cannot show leadership on questions of ethics?

He could not deal with sexual misconduct allegations against the former chief of the defence staff because he was dealing with the revelations of assaults he had committed. He fired his attorney general when she tried to stop him from interfering in the prosecution of his friends at SNC-Lavalin.

Instead of the Prime Minister fixing his own ethical problems, is the real plan to silence his critics online?

Canadian HeritageOral Questions

May 5th, 2021 / 3 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, the Prime Minister is so unfamiliar with the content of the bill that he has to read talking points. Yesterday, I was on a talk radio panel. The Parliamentary Secretary to the Minister of Canadian Heritage said it is crystal clear that Bill C-10 does not target individuals. A few minutes later, however, she said that the minister is going to bring forward amendments to make sure it is crystal clear. They cannot have it both ways. The bill cannot already be crystal clear and still need amendments.

Which is it? Is the bill already perfect, or does it infringe on Canadians' charter rights and therefore need to be amended?

Canadian HeritageOral Questions

May 5th, 2021 / 2:55 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, let me be absolutely clear. Bill C-10 is not about restricting content or freedom of speech, but about making Canadian music more discoverable and more available to the general public. Freedom of speech is explicitly protected under this act and in our Charter of Rights and Freedoms. It is not negotiable by this government, and we will continue to abide by it, protect it and uphold it.

The Conservatives are yet again deliberately misleading Canadians and obstructing the study of this important bill by siding with web giants against Canadian creators.

Canadian HeritageOral Questions

May 5th, 2021 / 2:55 p.m.


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Conservative

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 with Bill C-10. It edited its very own bill to remove the protections that were once in place for the content that Canadians post online. Bizarrely, it is justifying this alarming move by saying that it is to protect art, music and culture.

If the Prime Minister is so obsessed with protecting culture, could he perhaps start by protecting Canada's long-standing commitment to free speech?

Canadian HeritageOral Questions

May 5th, 2021 / 2:50 p.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, the Prime Minister is the one misleading Canadians by trying to convince them that we are against culture.

For his information, we have received letters from thousands of Canadians, as well as former CRTC commissioner Peter Menzies, University of Ottawa emeritus law professor Michael Geist, University of Calgary law professor Emily Laidlaw, and Carleton University professor Dwayne Winseck. They all denounced the Liberals' direct attack on the freedom of expression we hold so dear.

Why is the Prime Minister ignoring them all by deleting the clause in Bill C-10 that protected our freedom of expression? Why?

Canadian HeritageOral Questions

May 5th, 2021 / 2:50 p.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, Bill C-10 originally stated that the act does not apply to users who transmit and receive programs through an online undertaking that provides a social media service, such as YouTube, Facebook or TikTok.

One Friday afternoon, without warning, the Liberals surprised us by deleting this entire clause of the bill, thereby attacking Canadians' freedom of expression. Why did the Prime Minister do this?

Canadian HeritageOral Questions

May 5th, 2021 / 2:45 p.m.


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Durham Ontario

Conservative

Erin O'Toole ConservativeLeader of the Opposition

Mr. Speaker, freedom of expression is fundamental. It is not a privilege, but a right.

The Prime Minister thinks this freedom should be free provided it is in line with his expression, but last year he said that freedom of expression has limits.

Why is this government once again attacking Canadian freedom of expression with Bill C-10?

Canadian HeritageOral Questions

May 5th, 2021 / 2:45 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, unlike what the Leader of the Opposition is trying to pretend, Bill C-10 is not about what Canadians do online. It is about what web giants do not do, which is to support Canadian-made stories and music. That is why we made sure the bill covers professional, profitable content while explicitly exempting regular users from contribution requirements. We have improved, and we will continue to improve, this bill so it truly reflects its initial objective, which is to serve Canadian creators without hindering free expression in this country.

Canadian HeritageOral Questions

May 5th, 2021 / 2:45 p.m.


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Durham Ontario

Conservative

Erin O'Toole ConservativeLeader of the Opposition

Mr. Speaker, the Prime Minister knows this is not about cultural content. It is about the everyday content Canadians put on their social media. The Prime Minister, last fall, mused about placing limits on free speech. He then backtracked and told this House he would “unequivocally defend freedom of expression.”

Will he make good on that promise and withdraw Bill C-10, or will this broken promise to defend the free speech rights of Canadians just be added to the list of broken promises from the Prime Minister?

Canadian HeritageOral Questions

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


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Durham Ontario

Conservative

Erin O'Toole ConservativeLeader of the Opposition

It is very interesting, Mr. Speaker. That Reuters headline I was talking about was actually referencing new legislation being introduced in Hong Kong. It should worry Canadians that the Prime Minister could not tell the difference between what is happening in Hong Kong and his own bill, Bill C-10. Of course, we should not be surprised, because last fall he told Canadians that free speech has limits.

Why is the government using Bill C-10 to crack down on the free speech rights of everyday Canadians on the Internet?

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.