This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.
Steven Guilbeault Liberal
In committee (Senate), as of June 29, 2021
(This bill did not become law.)
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.
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.
Alain Rayes Conservative Richmond—Arthabaska, QC
moved:
That Bill C-10, in Clause 8, be amended by adding after line 21 on page 15 the following:
“(4) Regulations made under this section do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service — if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.”
Motions in AmendmentBroadcasting ActGovernment Orders
Laurier—Sainte-Marie Québec
Liberal
Steven Guilbeault LiberalMinister of Canadian Heritage
moved:
That Bill C-10, in Clause 8, be amended by adding after line 21 on page 15 the following:
(4) Regulations made under this section, other than regulations made under paragraph (1)(i) or (j), do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service — if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.
Alain Rayes Conservative Richmond—Arthabaska, QC
moved:
That Bill C-10, in Clause 9, be amended by replacing lines 31 and 32 on page 16 with the following:
“to a broadcasting undertaking shall be fees that relate to the recovery”
Some hon. members
Agreed.
No.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
The hon. House leader of the official opposition.
Gérard Deltell Conservative Louis-Saint-Laurent, QC
Madam Speaker, we all recognize that this is a huge job we have to do, and we want to be sure that we make the right decision at each and every step. I do not want to dodge our responsibility.
If we move too quickly, we might miss some parts.
Need I remind the House that the reason there are so many votes in the House this evening is that other people, at another time, did not do their job?
Motions in AmendmentBroadcasting ActGovernment Orders
Laurier—Sainte-Marie Québec
Liberal
Steven Guilbeault LiberalMinister of Canadian Heritage
moved:
That Bill C-10, in Clause 10, be amended by replacing line 17 on page 17 with the following:
“Canadian audio or audio-visual programs, including independent productions, for broad-”
Heather McPherson NDP Edmonton Strathcona, AB
moved:
That Bill C-10, in Clause 10, be amended by replacing lines 19 and 20 on page 17 with the following:
“(b) supporting, promoting or training Canadian creative and other human resources of audio or audio-visual programs for broadcast-”
Motions in AmendmentBroadcasting ActGovernment Orders
Laurier—Sainte-Marie Québec
Liberal
Steven Guilbeault LiberalMinister of Canadian Heritage
moved:
That Bill C-10, in Clause 10, be amended by adding after line 25 on page 17 the following:
“(1.1) Regulations made under paragraph (1)(a) must prescribe the minimum share of expenditures that must be allocated to Canadian original French language programs in the case of broadcasting undertakings that offer programs in both official languages."
Paul Manly Green Nanaimo—Ladysmith, BC
, seconded by the hon. member for Edmonton Strathcona, moved:
That Bill C-10, in Clause 12, be amended by adding after line 7 on page 19 the following:
“(2) Paragraph 18(1)(d) of the Act is replaced by the following: « et 11.1(5)b) et la prise d’une ordonnance au titre des paragraphes 9.1(1) ou 12(2). »
Motions in AmendmentBroadcasting ActGovernment Orders
Laurier—Sainte-Marie Québec
Liberal
Steven Guilbeault LiberalMinister of Canadian Heritage
moved:
Motion No. 16
That Bill C-10 be amended by adding after line 7 on page 19 the following:
12.1 Subsection 20(4) of the Act is replaced by the following:
(4) The members of a panel established under subsection (1) shall consult with the Commission, and may consult with any officer of the Commission, for the purpose of ensuring a consistency of interpretation of the broadcasting policy set out in subsection 3(1), the regulatory policy set out in subsection 5(2), the orders made under section 9.1, the regulations made under sections 10 and 11 and the regulations and orders made under section 11.1.
Motion No. 17
That Bill C-10, in Clause 21, be amended by adding after line 31 on page 24 the following:
Consultation and Review
34.01 (1) Every seven years the Commission shall consult with all interested persons with respect to orders made under section 9.1 and regulations and orders made under section 11.1 and shall publish, on the Internet or otherwise, a report on the consultations that also lists the orders and regulations that the Commission proposes to review as a result of the consultations and sets out its plan for conducting the review.
(2) The Commission shall publish the first report within seven years after the day on which this subsection comes into force and, subsequently, within seven years after the day on which the most recent report is published.
Martin Champoux Bloc Drummond, QC
moved:
That Bill C-10, in Clause 23, be amended by adding after line 33 on page 32 the following:
“(a.1) increasing the administrative monetary penalty amounts set out in subsection 34.5(1);”
Paul Manly Green Nanaimo—Ladysmith, BC
, seconded by the member for Edmonton Strathcona, moved:
That Bill C-10, in Clause 25, be amended by replacing line 5 on page 35 with the following:
“ternational service that includes the creation, production and distribution of programming targeted at audiences outside of Canada, in English, French and any other language deemed appropriate, in accordance with any directions that”
Motions in AmendmentBroadcasting ActGovernment Orders
Laurier—Sainte-Marie Québec
Liberal
Steven Guilbeault LiberalMinister of Canadian Heritage
moved:
Motion No. 20
That Bill C-10, in Clause 33, be amended by replacing lines 23 to 31 on page 38 with the following:
as defined in subsection 2(1) of the Broadcasting Act; or (c) a distribution undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act, in respect of the programs that it originates. For greater certainty, it does not include an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.
Motion No. 21
That Bill C-10 be amended by adding after line 31 on page 38 the following:
1997, c. 24, s. 18(1)
33.1 Subsection 30.9(7) of the Act is replaced by the following:
(7) In this section, “broadcasting undertaking” means a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under that Act. For greater certainty, it does not include an online undertaking, as defined in that subsection 2(1).