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, our artists are among the Canadians who have been hit the hardest by the pandemic. They are suffering financially and mentally. Bill C-10 brought them the hope that things would get better soon with the promise of forcing web giants to invest in our stories and music. The Conservatives are stalling Bill C-10, siding with web giants against Canadian artists and creators who are deprived of hundreds of millions of dollars.

Why is the Conservative Party siding with Google, one of the wealthiest companies in the world, instead of with Canadian musicians and artists?

[Lianne Rood, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, my office has been inundated with calls and emails from constituents who are furious about Bill C-10, and for good reason. By rejecting an exemption that would have protected them and their social media posts from the long arm of the CRTC, the government is taking away their charter rights of freedom of speech and expression. I know the Prime Minister admires basic dictatorships, but my constituents do not.

Why is the government feeling so threatened by Canadians' right to free speech?

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, dozens of constituents have written to me to express their shock and dismay at the government's attempt to control speech and online content with Bill C-10. Government censorship of the Internet is something that happens in totalitarian societies, not free ones.

Since Canada already has laws that cover hate speech, what is the hidden agenda of the Minister of Canadian Heritage that requires these additional censorship powers?

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, if anyone is abandoning our creators, it is the opposition. It refuses to let us move forward with Bill C-10, which nearly all arts organizations across the country are calling for. Just this week, it was ADISQ and the Union des artists.

Why did the Bloc Québécois vote in favour of a Conservative Party resolution to halt work on Bill C-10, through which hundreds of millions of dollars will be invested in Quebec culture and francophone Canadian culture across the country? It makes no sense.

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, with all due respect to the hon. member, I must say that what he is saying is false.

Let us not forget that a year ago, there was no obligation on the part of web giants to invest in Quebec culture. That is what we are trying to accomplish with Bill C-10. There was no taxation for web giants, but it is included in the last budget. We have also announced, as have many other countries, that we would move forward with further measures. I challenge members to find any other country that is doing as much as Canada is doing right now to take on web giants. There is no such country. That is the simple and fundamental truth.

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, as they say, actions speak louder than words.

My esteemed colleague has an opportunity to support francophone artists from across the country. Bill C-10 will enable the government to invest hundreds of millions of dollars in culture, in music, in our TV shows and movies and in francophone culture across the country.

If he is really such a champion of francophone culture, why is he standing in the the way of Bill C-10? ADISQ, SARTEC and Quebec's Union des Artistes are calling on the Conservative Party to support Bill C-10.

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

Mr. Speaker, for a week now, we have been asking the Minister of Canadian Heritage to tell us why he is not listening to experts who say Bill C-10 is a direct attack on freedom of expression. He has denied the facts and turned down our request to get another opinion from the Minister of Justice.

Given that he has failed to step up, I will put my question to the Minister of Justice directly. Will he provide an opinion on whether this bill complies with section 2(b) of the Canadian Charter of Rights and Freedoms or not?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, that was a non-answer. For Bills like C-10 to become law, they have to pass a sniff test to make sure they adhere to the Canadian Charter of Rights and Freedoms.

In November, the justice minister gave Bill C-10 a green light, but the bill has changed significantly since that time. Experts believe that a new opinion is needed from the justice minister. Over and over again, the heritage minister, including just right now, has proven incompetent in his ability to answer my question.

Therefore, my question is for the justice minister. Does he agree that a new charter statement is needed?

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, our artists are among the Canadians who have been hit the hardest by the pandemic. They are suffering financially and mentally. Bill C-10 brought them the hope that things would get better soon, with the promise of forcing web giants to invest in our stories and music.

Now the Conservatives are stalling Bill C-10, siding with web giants against Canadian artists who are deprived of hundreds of millions of dollars. Why is the Conservative Party siding with Google, one of the wealthiest companies in the world, instead of Canadian musicians and artists?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, 10 times the heritage minister has decried fake news when questioned about Bill C-10. Those who have criticized the Liberals' attempt to violate Canadians' freedom of expression have been called extremists. Yesterday, the minister resorted to a new low by attacking my personal beliefs and values because he did not like that I was asking important questions that Canadians have.

Is the government only interested in protecting the speech it agrees with?

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?