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.

Motions in Amendment

[Martin Champoux, Bloc, Drummond, QC]

moved:

That Bill C-10 be amended by adding after line 17 on page 43 the following new clause:

“Review

46.1 (1)During the fifth year after this section comes into force, and every five years after that, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose.

(2)The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends.”

[Paul Manly, Green, Nanaimo—Ladysmith, BC]

, seconded by the member for Edmonton Strathcona, moved:

That Bill C-10 be amended by adding after line 17 on page 43 the following new clause:

“Review of Regulations

46.1 Within one year after the day on which this Act comes into force and every five years after that, the Commission must review what constitutes a Canadian program under the regulations.”

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

Madam Speaker, I want to thank you for giving me the opportunity to rise after you presented the long list of amendments to all parliamentarians and the people who are watching at home. Canadians are interested in Bill C-10 and the whole saga surrounding it since its introduction.

I will not go back over all of the amendments that you just read, but I would like to talk about the key amendment, which seeks to reinstate protection for the freedom of expression of social media users. The government tried to attack freedom of expression, as many law professors and legal experts across the country have pointed out.

Before I talk about this key amendment, it is important to explain to people how we got to where we are today and why members will spend so much time this evening voting on many amendments.

The story began last November, when the Minister of Canadian Heritage introduced a bad bill in the House. Members of the House all wanted to pass legislation that would strike a balance between Canada's digital and conventional broadcasters.

Everyone put a little water in their wine. We found ways to allow all members who had concerns to have their say. This allowed us to get information from the various groups involved around the country. Some people may not know this, but the Standing Committee on Canadian Heritage even unanimously agreed to form a pre-committee so as not to slow down the process at the beginning.

There was a willingness to find ways to improve this bad bill because it did not take into account the role of CBC/Radio-Canada nor the issue of copyright. There were several flaws and Canadian companies had no protection. We wanted to ensure that francophone and Canadian content was protected by certain safeguards, standards or basic criteria. There was nothing. If I remember correctly, the parties proposed more than 120 amendments, not counting the ones they added later.

Although the Leader of the Government in the House of Commons kept telling us that committees were independent, the minister, who is not supposed to interfere in committee business, suddenly decided on a Friday afternoon without warning to withdraw clause 3 entirely, which included proposed section 4.1. That removed the protection with respect to user content, including of small companies that use social media.

There is a lot of talk about YouTube, since that is something people understand. However, according to a memo from senior officials, this bill will affect all social networking platforms. Older people, and I would include myself in that group, since I have a few grey hairs, know about YouTube and TikTok, even though these networks are for younger people. However, this bill affects all of the other platforms young people use that we do not know about, such as social media games or all of the social networking tools that are not mentioned anywhere in the bill.

The real problem is that the government targeted freedom of expression. The minister and his Liberal members on the committee did everything they could to stop the Minister of Canadian Heritage and the Minister of Justice from testifying in committee and explaining why they wanted to withdraw clause 4.1. Work at the committee was stalled for two or three weeks as a result of members filibustering to force the government to explain itself and give us proof that freedom of expression was not in any jeopardy.

After three weeks, the Liberals on the committee ended up agreeing to have the ministers testify. Unfortunately, all we got was an explanatory document, not the legal opinion the motion had requested. That was yet another way the Liberals failed to honour the committee's wishes.

I think that the NDP members tried different ways of protecting freedom of expression, even if they did support Bill C-10. One NDP member, whom I am not allowed to name, but I forget the name of her riding, even suggested we work during the summer to improve this bad bill.

However, we suffered another serious blow when the government, with the support of the Bloc Québécois, which is important to point out, decided to impose time allocation for a bill whose core element was freedom of expression. Worse still, the time allocation imposed on the committee, which is supposed to be independent, was not even properly applied. The committee members, apart from those belonging to the Conservative Party, decided to reverse the decision of the committee chair, who was only reporting what the Speaker of the House had said, that members would have to vote in favour of the bill without even reading the 40-some amendments that were missing.

Therefore, we voted on the amendments one by one, without even reading them. The people who were interested in this controversial bill heard members say “yes” and “no” without even knowing what they were voting on. What a crazy story. This was completely contrary to what the Speaker and the House had decided.

In a dramatic turn of events, when the report was tabled in the House, we informed the Speaker that the committee had voted to overturn the Chair's ruling. The Chair agreed with us and overturned the 40 amendments we had voted on.

This means that we now have a bill in which some 40 amendments that attempted to correct its shortcomings were struck down after the vote. We are 48 hours away from the end of the session, and the government is trying to cram 20 or so amendments from several parties down our throats in just one hour of debate.

How will this play out? This bill will move on to the Senate. For the people who are listening to us, the Senate will not stand for this, as it is supposed to be independent. The Senate will therefore begin to study the whole matter from the beginning to make sure it was done right, because the government did not do its homework, because the government waited six years to introduce a bill, because the government did not listen to the recommendations of the various groups, because the government played partisan politics and suggested there was a war between the cultural community and freedom of expression and made the Conservatives look like the bad guys. Even members of the Green Party and the NDP spoke out against some of these tactics by the government, which, as we all know, with an election coming up in the fall, wants to play tough.

What is happening right now is really sad. We are being forced to rush votes on more than 20 amendments, some of which had already been rejected, and on the reinsertion of clause 4.1, which is the most important part. I hope my House of Commons colleagues will agree to vote in favour of that amendment at least. It will protect content created by social media users, which is what a number of former senior CRTC executives pushed for.

Law professors from several universities across the country condemned this bill. I hope people will listen to them, because we are headed for disaster. This will get hung up in the Senate, it will never get to a vote, and the legislative process will never be completed because of the fall election. The Liberals are setting us up for failure, and this will be challenged before artists can even get the help they have been asking for for so long.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, there are parts on which I very much agree with my colleague. I agree this was flawed legislation. I agree the Liberal government did a terrible job in managing how the legislation came out and went through the process.

However, in committee, we went through the legislation and tried to fix it. I can talk about four amendments that we could have used to add protections to the legislation, and the Conservatives chose to filibuster. One of those amendments was a Conservative amendment, and they chose to filibuster instead of fixing the bill.

How can the member stand in this place and say that he really does want to do a good job on the bill when every attempt to fix the bill was thwarted by the Conservative members of the Standing Committee on Canadian Heritage?

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

Madam Speaker, I thank my colleague who sits with me on the Standing Committee on Canadian Heritage and who works very hard, as we all do. To answer her question, unfortunately I do not at all agree with her.

At first, we agreed on the principle of Bill C‑10. The bill had several flaws and we were in a hurry to find common ground, but sadly, the government amended it along the way. I believe that is where the problem lies. The government, without notice and despite a pretense of collaboration, was paving the way so that social media could become official broadcasters with all the consequences that could have.

Even worse, the government's willingness to play partisan politics, by framing the issue as being between freedom of expression and the artists themselves, offended many people. Under no circumstance could we let the Liberals get away with that. We will always work to protect freedom of expression.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, I have had a lot of phone calls and emails to my office. People are very concerned about what the government is doing.

I have a two-part question. First, if clause 4.1 were put back in the legislation, it would still be a flawed bill but would it be okay? Second, at this point, would the hon. member agree that the government should probably just put it aside, take its time and bring it back, whether in the fall or after another election?

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

Madam Speaker, I thank my colleague for her question, which is more than relevant. It gives me an opportunity to come back to that subject.

We, the Conservatives, have been attacked a lot for opposing Bill C‑10. However, when the government tried to demonize us for what we were saying, it attacked the thousands of Canadians across the country that wrote to us. The Liberals attacked the legal experts who raised red flags and said that this was a bad piece of legislation.

To come back to my colleague's question, clause 4.1 is the very least that needs to be done so that we can continue to work on Bill C‑10. In the event that clause 4.1 is reinserted, there will still be work to be done to pass a real bill that meets the goal of protecting Canada's cultural community and ensuring that digital broadcasters, without touching social media, are able to contribute their fair share—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Order. We have just enough time for one last question.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, my Conservative colleague articulates some of the concerns very well.

I have been very troubled to hear the Liberal minister time and again misleading the House by accusing Conservatives of obstruction and delay, when it is actually the Liberals' mismanagement of the legislative agenda that has led to the position we are in. The Liberals have basically shut down debate on a bill on censorship.

Specifically, I would ask the member to expand on how this is not about opposing artists, unlike what the minister suggests. The Conservative opposition to the bill is about ensuring that Canadians have freedom of speech and that this bill—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

The hon. member for Richmond—Arthabaska has 15 seconds to answer.

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

Madam Speaker, these 15 seconds will not be nearly enough time. I will say, however, that the Conservatives will always fight for freedom of expression, not only for Canadians but also for our artists who want to have the freedom to write songs, say the things they want to say and put on the quality comedy shows that we all know.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons]

Madam Speaker, it is a shame that I only get 10 minutes to speak to this legislation, with all those amendments. I will try to be as concise as I can and provide some thoughts in regard to the last speech and, in particular, that last amazing question from the Conservative member.

It is important to recognize at the beginning that the very core of Bill C-10, from my perspective and I believer the way my caucus colleagues look at it, is to promote Canadian music, storytelling and creative works. The bill is about fairness and getting American web giants to pay their fair share and contribute to our cultural sector. That is absolutely necessary.

Before I expand on that, it is a bit much to hear the Conservatives refer the legislative agenda and say that it has been mismanaged. It is somewhat ridiculous that the Conservative members would even suggest such a thing when they are at the core of the problem. The Conservatives will say that they do not have enough time to debate and will ask why the government is bringing in different forms of time allocation, yet it is the Conservative Party that consistently wastes time on the floor of the House of Commons. Last Thursday, we were just getting under way and the Conservatives tried to adjourn debate for the day, they wanted to stop debate. They did not want to work anymore, and we were only on a Thursday morning.

What about the motions for concurrence the Conservative Party continuously raise? What about the raising of privileges and points of order as a mechanism to filibuster on the floor of the House of Commons? Government business, unlike Private Members' Business or opposition days, has a process that makes it very vulnerable to opposition parties. Whenever there are 12 or more members, it makes it very difficult for government to pass legislation if one of those opposition parties wants to make it difficult.

The Conservative Party of Canada members in the House of Commons have made it their mission to prevent the government from passing anything. We have seen that destructive force in the House of Commons. I do not think they have a case whatsoever to complain about debate times on pieces of legislation. We tried on numerous occasions to bring certain bills up or to extend hours to facilitate their needs, but the Conservatives have said that if they cannot get what they want, they will waste time. The government then has to bring in some form of closure or time allocation or nothing will ever get passed. We have seen that, and Bill C-10 is one example. They need to wake up.

The minister has done a fantastic job of bringing forward to the House legislation that would modernize an act that has not been modernized for three decades. Is it absolutely perfect? There was some need to make some modifications. Some of those modifications have, in fact, occurred. However, the spin that the Conservatives put on this is that it is terrible legislation that should never, ever see the light of day. We know the legislation would never be able to pass if it did not get the support from at least one opposition party.

It is not the Government of Canada ramming the legislation through. Often it feels as if it is the Government of Canada pleading and begging opposition to recognize the value and try to drum up support within the House. Fortunately, once again, at least one political party is prepared to see this legislation advance. I truly do appreciate it.

Bill C-10, as I said, is, at the core, promoting Canadian music, storytelling and creative work. The Conservatives argue against it, that somehow it limits freedom of speech, and they cite a number of examples. However, the Department of Justice has done an analysis of the legislation and has clearly indicated that it is consistent with the charter guarantee of freedom of speech, and that is coming from civil servants.

I wish the Conservatives would recognize that the bill would ensure that the act would not apply to users of social media services or to social media services themselves for content posted by their users. However, to listen to what the Conservatives are saying, one would not think that, because it does not fit their narrative.

The bill aims to update some critical elements of the broadcasting policy for Canada. For example, it would ensure that the creation of Canadian content is reflective of Canadian society and accessible to all Canadians. The bill would also amend the act to ensure that there is a greater account for things such as indigenous cultures and languages. It would also recognize that Canada's broadcasting system should serve the needs and interests of all Canadians, including racialized communities and our very diverse ethnocultural backgrounds, socioeconomic status, abilities, disabilities, sexual orientations, gender identities and expressions of age.

I can tell my Conservative friends, in particular, that things have changed since the act was really updated. The Internet was in its infancy. When I first got the chance to speak to the legislation, I made reference to the fact that when I was first elected 30-plus years ago as a Manitoba parliamentarian, the Internet was accessed by dialing up through the telephone, and I think it was on a 256-kilobytes Compaq computer. Actually, I started off with a small Apple computer that I put floppy disks into. Contrast that to what the Internet is today and how advanced technology continues to push us. We, at least on the government benches, recognize that this is change that needs to take place.

Unlike the Conservative Party, we recognize the true, intrinsic value of culture and heritage, and Canada's diversity continues to grow on a daily basis. We need to modernize the legislation. It is there for all Canadians, which is the reason this government is bringing forward this legislation, as well as other important legislation, whether it is Bill C-6 or Bill C-12.

This is solid, progressive legislation that is going to make a tangible difference, and this is why it is so sad at times when we see the unholy alliance of opposition parties trying to frustrate the government in getting through a legislative agenda that we can all be proud of before the summer break, which is something that is done all the time in June when government gives that final push before the summer break.

I would ask members to get behind this legislation and do what I and my Liberal caucus colleagues are doing: support it, and let us move on to more legislation.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, I duly note my colleague's remarks, but when he suggests that it is only the Conservatives who are opposed and that we are not modern, I would like to point out that there were some very significant witnesses who came to the hearings and testified against this bill. The government originally put in a very important clause, proposed section 4.1, for a reason. To be quite frank, I have never heard any clear rationale as to why it was removed, from anyone, including the minister.

My question is quite simple: Will my colleague vote for the reinsertion of proposed section 4.1 into the legislation?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, there are a number of amendments on the table. I understand there was somewhat of a filibuster, but a great discussion that occurred at the standing committee. I do not want to say that I know all of the details per se, but what I do know is that, all in all, this is good, solid legislation. At the end of the day, it is legislation that is needed, and the vast majority of Canadians would support it. We have seen examples, from the Quebec National Assembly to not only the government of the day, but also at least one and possibly even two opposition parties. Once again, the Conservatives seem to be on the outside. They are trying to frustrate the government from being able to pass any type of legislation, especially Bill C-10.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I would to ask the parliamentary secretary what the date of the last election was. If memory serves, it was October 21, 2019. Since we have a law in this country that says that elections take place every four years and at least two opposition parties have said that they do not want an election in the midst of a pandemic, why is the Liberal government using a gag order that is unprecedented in the history of Canada and an emergency procedure on this bill if it is not trying to indicate that it wants a fall election?