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.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Thank you, Chair.

I would like to thank all of the witnesses. This has been very interesting. I have had the opportunity to speak to many of you outside of committee, so I have the perspectives you have been able to give me. I'm interested in hearing your responses to some of the questions as we go forward.

I'm going to start with Ms. Ille from the Aboriginal Peoples Television Network. You talked about the hole that is in the bill in terms of support for the APTN, and about how you have some proposals you're putting forward for Bill C-10. Could you very quickly walk us through the changes you're proposing and how you feel those changes would fix the hole you identified?

[Solange Drouin]

Thank you for your question. Thank you also for allowing me to continue on this subject.

I have been with the ADISQ for 30 years. That’s probably as long as Mr. Geist has been at the University of Ottawa. I have been reading Mr. Geist’s writing for 30 years and I have been disagreeing with him for 30 years. That’s okay. It’s common knowledge.

I would like to bring to everyone’s attention the fact that, in our economy or in the world, there is no universe where we are faced with an infinite choice. When we go grocery shopping, we don’t have every single kind of pea on offer. There is no such thing. When we buy a car, we don’t have access to all the cars available on the market. Choices are made that condition the offer in all sectors of the economy.

When it comes to culture, I think there must be a bias in favour of our own culture, which would be quite normal. Contrary to what Mr. Geist says, it is not true that there are no rules or technical means that allow us to achieve the same result in the digital world. The reasons may not be the same. It is true that frequencies are no longer scarce, as they were at the time. However, even if this scarcity no longer exists, this does not mean that there are not other good reasons to do so. You have to stop quibbling about whether or not there is a scarcity. Okay, there is no longer a scarcity, but are there still good reasons to regulate and enhance our national content? The answer is yes, and I would argue that there are even more, because our content is getting more and more drowned out. So why not promote our French-language and Canadian contents on our own territory?

In this time of pandemic, we see how important it is to have our own resources. We see that with respect to the vaccine. When you’re dependent on what’s going on in the world, you may be missing opportunities and you’re not self-sufficient. Here, the tools that transmit culture must first be at the service of our culture. Bill C-10 is beginning to move in that direction, and that is why we welcome it with such interest. This bill must do the same for all French-language arts. As others have said before you, Canadian legislation should be amended to give greater prominence to the protection, promotion and development of French-language content in sections 3, 5 and 9. We will commit all of our proposals to paper, and you can read them quietly. This is essential, and I think that nothing in the Internet universe prohibits this.

Mr. Champoux, I see that you want to ask further questions.

[Marci Ien, Liberal, Toronto Centre, ON]

Thank you, Ms. Drouin.

Mr. Geist, there was a laundry list of things that you told us that you didn't like about the bill, about Bill C-10, including how Canadians would be impacted and the level of secrecy, and all of these different things.

I'm wondering if there's anything you do agree with.

[Marci Ien, Liberal, Toronto Centre, ON]

Thank you so much for that, Ms. Ille.

Ms. Drouin, I want to go to you now. You say that in Bill C-10 there is a lot that you agree with, but that it is not perfect yet. Those were your words. Can you tell us maybe one or two ways to make it more robust, in your opinion?

[Marci Ien, Liberal, Toronto Centre, ON]

Thank you so much, Mr. Chair.

Ms. Ille, I'd love to start with you if I might. You said there is a big hole in Bill C-10. As a trail-blazing broadcaster, could you tell us specifically, if you can, how APTN would be impacted by the hole that you described?

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

Thank you, Mr. Chair.

I want to thank the three groups that have come in front of us today at the Canadian heritage committee.

Dr. Geist, I've looked through your 20-part series. You've been the most controversial person, if you don't mind my saying so, in the country towards the broadcasting Bill C-10. You've talked about it for five minutes. We can probably hear from you for an hour.

You spent a month dissecting this bill. You feel it is deeply flawed. You gave us some reasons why, but it's going to have a major impact if it is passed through the House of Commons, and I'd like you to comment on that.

[Solange Drouin, Vice-President, Public Affairs and Director General, Association québécoise de l'industrie du disque, du spectacle et de la vidéo]

Good afternoon.

Before I read my text to you, I would like to point out that Mr. Geist was speaking on his own behalf, while I represent an association, a large group of companies and individuals. In addition, I am co-chair of the Coalition for the Diversity of Cultural Expressions, which also represents at least 200,000 artists and thousands of businesses. But we all feel that, although the bill needs to be improved, it meets many of the expectations we have had for a long time. We must therefore put all of this into perspective. I took a minute to say that, but I thought it was important.

I will now put on my hat as a representative of the music community. What is the ADISQ? Who are we? The Association québécoise de l’industrie du disque, du spectacle et de la vidéo has been in existence for over 40 years. Our companies are independent businesses that are mainly based in Quebec, but that support the national and international development of the careers of song and music artists, most of whom are French-speaking.

Our mission is to support this cultural and economic sector, let’s not forget, by setting up a legislative, regulatory and financial business context favourable to its development. In a little over 40 years of history, our music and songs have been able to take off, firstly thanks to the talent of our artists and the entrepreneurship of our businesses, but also thanks to a set of important cultural policies, including those mentioned by the Aboriginal Peoples Television Network, APTN.

Let’s go back 40 years, long before the digital reality surrounded us. The music industry was dominated by a few foreign multinationals. The music offered to Canadians by these companies consisted in distributing music from elsewhere and, with a few exceptions, presenting French-language versions of English-language songs.

Even today, these companies are still part of our landscape. They are represented here by Music Canada, which you invite from time to time. They play the same role they used to play, but they have become a little more involved, in terms of production, in Canadian culture—almost exclusively English-speaking. These companies are totally absent from the production of French-language content. Our national production of French-language content is carried out almost entirely by independent Canadian companies, including those I am representing here before you.

The sizes of these two business segments are not comparable. We are small companies and they are large multinationals. Despite this disparity in resources, Canadian artists, particularly Francophone artists, have been able to achieve great success. However, none of this would have been possible without the implementation of cultural policies and government measures.

Let’s use radio as an example. About 50 years ago, the Canadian government required minimum standards for the presentation of Canadian and French-language content. By ensuring that Canadians could discover their artists on the radio, the government allowed them to be appreciated; then the public would choose to buy their records or tickets to shows. Without this valuable showcase put in place more than 50 years ago, this virtuous circle of development would have been impossible.

Even today, this privileged access of artists to the Canadian public through radio plays an enormous role in the careers of Canadian artists. Other forms of consumption have emerged over the past 15 years, such as Spotify and YouTube. It is therefore urgent that the government act in such an innovative and bold way with respect to digital platforms, and that is what Bill C-10 seeks to do. This is why the entire cultural community is very enthusiastic about the historic nature of the approach taken by this bill.

Admittedly, this bill is not perfect. You have the duty and the power to improve it. It must be strengthened in order to maintain the Canadian character of the system, restore the obligation to make maximum use of Canadian creative resources, more adequately protect the production of original French-language content, and give the CRTC the power to act on all elements of the system, including social networks. We must not miss this historic meeting and make it a missed opportunity.

Today, we hope to see Bill C-10 finally pass second reading in the House of Commons.

I will be happy to answer your questions.

[Dr. Michael Geist, Canada Research Chair in Internet and E-Commerce Law, Faculty of Law, University of Ottawa, As an Individual]

Thanks so much, Mr. Chair. It's a pleasure to be back at this committee.

Good afternoon. My name is Michael Geist. I'm a law professor at the University of Ottawa, where I hold the Canada research chair in Internet and e-commerce law and I am a member of the Centre for Law, Technology and Society. I appear here in a personal capacity, representing only my own views.

As you may know, I have been quite critical of Bill C-10; however, please understand that criticism of the bill is not criticism of public support for film and television production. Support through all levels of government is essential. Rather, the question is whether Bill C-10 is the best way to provide that support.

Having carefully studied the bill, I argue that it's not. I'd like to get started by pointing to four broad concerns.

First, there is no free lunch. What appears to be free, as in new free money for the sector, comes at an enormous cost, and not just to consumers in the form of higher bills at a particularly difficult economic time.

I recently was engaged in a debate with Janet Yale of the Yale report in which she acknowledged that broadcasting policy restricts consumer choice. We know, then, that there will be a cost to consumers. Less understood is the cost to creators from the bill: the loss of fundamental principles, such as Canadian ownership and control of the broadcast system, the loss of the predominance of Canadian talent, a risk to Canadian intellectual property, and in the short to medium term, less production because of an uncertain regulatory environment.

Second, the bill punts many of the most important details, leaving it to lengthy processes at the CRTC or secretive cabinet decisions. The level of uncertainty and what's not in the bill is astonishing. Legislation is supposed to remove uncertainty, and this does the opposite.

The minister has said he plans to issue a policy direction that could cover everything from exclusion of video games to an IP policy to revisiting the definition of Canadian programs. Respectfully, that simply isn't good enough to meet the kind of transparency standards the government has long set for itself. Indeed, there is so much unanswered that it will take years to sort out, and creators will have to wait at least until the latter half of this decade for the promised benefits.

Third, this isn't about levelling the playing field. I've written extensively about the advantages enjoyed by conventional broadcasters, whether simultaneous substitution, market protections, must-carry rules or copyright retransmission benefits. There is no “like for like” here.

Fourth, with all due respect, some of the claims about the bill simply don't stand up to scrutiny. The minister has told the House of Commons that the bill contains economic thresholds, when it doesn't; that it excludes news, when it doesn't; that it won't affect Canadian ownership requirements, when it will; that the entire process will somehow be completed by this year, which it quite clearly won't be; and that it is similar in approach to what has been implemented in Europe, when it isn't.

These aren't inconsequential issues. As you may know, I've written a 20-part series about the bill that I'd be happy to table with the committee. With more time, I would delve into the many issues that are raised in that series. They include concerns about the approach of regulating all Internet streaming services anywhere in the world with some Canadian subscribers and then working backwards by saying that some might be exempted in a process that will take years to unfold.

That simply doesn't work. The registration and data disclosure requirements would still apply to all, and the inevitable result would be less choice for consumers and less revenue for creators as services block the Canadian market or simply license their content into Canada.

Moreover, the risks to Canadian intellectual property are enormous, potentially making Netflix and Amazon the kingmakers of Canadian content and leaving Canadian broadcasters with leftover scraps.

In my last minute, let me ask how we can fix this. I'll make three points.

First, thresholds in the legislation are essential so that rules only apply to the largest companies that have a real and substantial connection to the Canadian market.

Second, a transparent approach on critical policies is needed before the legislation is passed, not after. No bill should create more questions than it answers.

Third, there is a solution that would put money into the hands or creators this year, not in five years. I think we all want large Internet companies to make an appropriate contribution in Canada, and we have a system for that. It's called taxation.

Tax revenues can be used in whatever way we want, including in direct support for film and television production. The government could say that 30% of these new revenues go directly to the sector. That doesn't require changing the core policies of the Broadcasting Act. It doesn't require a secretive policy direction or years of litigation at the CRTC. It doesn't lessen competition, increase consumer costs during the pandemic or decrease choice. It also doesn't create huge uncertainty in the market for the foreseeable future.

The Broadcasting Act is an essential piece of legislation, not only for the film and television sector but for all Canadians. We all deserve better.

I welcome your questions.

[Monika Ille, Chief Executive Officer, Aboriginal Peoples Television Network]

Thank you. Good afternoon, Mr. Chairperson and members of the committee.

[Witness spoke in Abenaki and provided the following text:]

Kwaï! Nd’aliwizi Monika Ille. Aln8ba sqwa nia odzi Odanak m8wkaw8gan.

[English]

My name is Monika Ille. I'm an Abenaki from the community of Odanak.

I would like to acknowledge that I am speaking with you from Tiohtiá:ke or Montreal, the unceded territories of the Kanienkehaka, and traditionally a land of exchange and gathering of many nations.

I'm the chief executive officer of APTN. I'm joined by Joel Fortune, our legal counsel.

Launched in 1999, APTN is the world's first indigenous broadcaster. APTN is available to all Canadians as part of the basic service on most cable and satellite services. We broadcast hundreds of hours of indigenous programs each year, including national newscasts. We broadcast in English, in French and in up to 15 different indigenous languages.

Our programming showcases the creativity of Aboriginal peoples and provides a unique opportunity to share our perspectives with all Canadians.

The Truth and Reconciliation Commission of Canada has recognized the role of the APTN in building bridges and understanding between Canadians and Aboriginal peoples.

We are very proud of the influence we have had on Aboriginal expression. At the launch of the network, there were very few independent Aboriginal producers. Today, we work regularly with about 100 of them, not counting the creators and the support teams that back them up.

If the CRTC had not used its powers, APTN would not exist and Aboriginal peoples would still be invisible on Canadian screens. APTN is a perfect example of what can be accomplished by a policy born of the Broadcasting Act, implemented through hard work and goodwill and supported by the regulatory tools available to the CRTC.

We support the steps taken in Bill C-10 to recognize the place of indigenous peoples and indigenous languages in the broadcasting system, but—and this is a large but—there is a hole in Bill C-10.

Bill C-10 would remove the CRTC's ability to oversee and support the distribution of Canadian programming services such as APTN in an online environment. The CRTC powers that made APTN possible in the first place will, if Bill C-10 stays as it is, have no place in an online world. In the case of the proposed amendments to paragraph 3(1)(o), Bill C-10 is suggesting that indigenous people should be supported when they carry on traditional broadcasting, but not online broadcasting. This is not acceptable.

Today we're tabling amendments that will fill the hole in the bill. We have worked with the Independent Broadcast Group, a coalition of 12 different independent broadcast companies that includes ethnic broadcasters, local TV services, music channels, Canada's LGBTQ channel, minority language groups and others. Without the changes we're proposing, or something similar, the CRTC will not be able to ensure the fair treatment and visibility of Canadian services and apps, including APTN, in an online environment.

Right now, the Broadcasting Act is technologically neutral, so the CRTC does have the power to oversee online distribution, although it has exercised this power lightly.

To be honest, we don't understand why this authority would be taken away. You're well aware of the impact web giants have on newspapers and how difficult it is to bring the giants into the fold. Why, then, would we take them out of the Broadcasting Act when it comes to online distribution of Canadian programming services and apps?

In conclusion, there is much that we support in Bill C-10. The bill strives to better reflect indigenous people in broadcasting and the importance of indigenous languages and it acknowledges that we should operate our own broadcasting service. We fully support that aim. For services such as APTN and other indigenous and Canadian services, however, Bill C-10 as it stands does not see us playing a role in the future, and I'm concerned that it is actually excluding us from the online world.

Kchi wliwni. Thank you. I would be pleased to answer any questions you may have.

[The Chair, Liberal, Scott Simms]

That's duly noted, Ms. Dabrusin. Thank you very much.

However, I want to warn people that we're drifting outside the scope of this particular motion. I don't want to go too far away, because it is on the floor and we have to dispose of it. I'm just looking for any further comments on this issue.

Seeing none, I can proceed to the vote.

(Motion agreed to [See Minutes of Proceedings])

Okay, let's jump right in to the business at hand, unless I see something else.

We are back to Bill C-10 and our prestudy continues. We have three groups representing in the first hour. Be forewarned—we're about 16 minutes in—that I may stretch this particular meeting to a level that I think is appropriate. I hope you don't mind.

Let's start out with the Aboriginal Peoples Television Network. We have Monika Ille, chief executive officer, and Joel Fortune, who is a legal adviser for APTN. We also have Dr. Michael Geist, Canada research chair in Internet and e-commerce law in the faculty of law at the University of Ottawa; and from the Association québécoise de l'industrie du disque, du spectacle et de la vidéo, we have Solange Drouin, vice-president for public affairs and director general.

Folks, we have five minutes. I'm afraid I'm going to have to be very strict on those five minutes, given that we're short of time.

We start with the APTN.

Madam, please proceed.

Broadcasting Act

[Michael Kram, Conservative, Regina—Wascana, SK]

Madam Speaker, it is a pleasure today to speak to Bill C-10, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

This has to be one of the most enjoyable debates I have had the opportunity to participate in this chamber. With such a vast and diverse country like ours, it is interesting to see the different local content from the far corners of our country.

This is near and dear to my heart, not just because of the content on the screen but because of the experiences of the persons who are involved in creating the content. That includes the background extras.

I had the very good fortune of being a background extra in several productions in my hometown in Regina, in the surrounding area. It all came about by chance, but it really did open my eyes to the so-called gig economy that has been in the news much more lately during the pandemic.

I was walking through the mall one day in Regina and I saw a guy, who has since become a good friend of mine, sitting at a table and a sign that said, “Sign up here to be in TV shows”. I asked him what it was all about. He was the casting director for a local company called Partners in Motion, which makes movies and TV shows in Regina and in southern Saskatchewan. He told me that I looked like a police officer and he had a spot for me in the documentary series called Crime Stories. They needed background extras to re-enact these crimes and they could cast me in the role of a police officer to arrest some criminal for the documentary series. It sounded like fun and a good way to make minimum wage on the side, so that is what I did. It really opened my eyes to how many people in my community had hobbies or gig jobs being background extras in TV shows.

Over the course of the following months and years, I arrested many different people in that crime series. I got to be a soldier in war. In a particularly memorable experience, I got to be a background extra in Corner Gas: The Movie. People tend to talk about Corner Gas, the TV show, but there was a major motion picture a few years ago, based on all the characters in Dog River, Corner Gas. It was certainly very memorable to walk up and down Main Street in Rouleau, Saskatchewan. I played towns person number seven in that movie. Much to my dismay, I was not nominated for an Oscar that year, but in the sequel perhaps my name will come up.

I have not seen anything in the bill to address the gig economy and people who work in the industry on a casual basis. I strongly suspect that this is something not specific to Regina, Saskatchewan, but specific to people who work in the industry all across our great country.

I think we could do Canadians a lot of good by withdrawing this bill and rewriting it from scratch to ensure that everyone is included in it and to ensure we have the best legislation we can for Canadians.

Therefore, I would like to move the following amendment. I move:

That the motion be amended by deleting all the words after the word "That'"and substituting the following: “Bill C-10, An act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be not now read a second time but that the order be discharged, the bill withdrawn and the subject matter thereof referred to the Standing Committee on Canadian Heritage.”

[Chris d'Entremont, Conservative, West Nova, NS]

Madam Speaker, I am very pleased to rise virtually today to speak to Bill C-10.

Like many of my colleagues, I appreciate this opportunity to speak to this bill. I am an Acadian, and this bill will have a profound effect on the survival of our wonderful Acadian culture and community, which is very important to me. It deserves being promoted and protected.

Digital media is bigger than ever, and the 28-year-old Broadcasting Act is in urgent need of modernization to address the evolution of the Internet and the overwhelming emergence of social networks and online services like Facebook, Google, Netflix, Crave and Spotify, among others.

Modernizing the act does not necessarily mean erasing the past, forgetting how it has shaped our history to this day or failing to take it into account in the future. We need to ensure the continuity of our past and our Acadian culture and preserve them for always.

In its brief to the Canadian Radio-television and Telecommunications Commission during the CBC/Radio-Canada licence renewal process, the Société nationale de l'Acadie, the SNA, noted that it has had to intervene repeatedly to get Radio-Canada to support Acadian culture and to remind the broadcaster about the obligations in its mandate.

As a proud Acadian, and on behalf of all Acadians, I want to point out that all Acadians, just like all Canadians, help fund CBC/Radio-Canada. That funding, together with the broadcaster's mandate, are all that guarantee these services, which must be not only preserved at all costs but also respected. To make that happen, we need effective enforcement measures to be very clearly indicated in Bill C-10, which is not the case.

The SNA is the official representative of all Acadian people. It promotes the rights and interests of Atlantic Acadians. I would like to take this opportunity to thank the SNA for its hard work and its efforts to preserve our magnificent Acadian culture.

The bill seeks to amend the Broadcasting Act in several ways, such as by adding websites that broadcast or rebroadcast programs as a separate category of broadcasting undertaking. It also seeks to update Canada's broadcasting policy set out in section 3 to, for example, provide indigenous-language programming for indigenous people that reflects their culture.

I believe that Bill C-10 needs to go even further to ensure the presence and preservation of certain cultures, such as Acadian culture. I absolutely agree that the act needs to be modernized, just as the Official Languages Act needs to be modernized. On this side of the House, we want to be able to vote on a bill that will be fair for Canadian producers and broadcasters.

For several years now, Canadians have been expressing concerns about how unfair it is that Netflix does not pay any taxes in Canada. The goal is to find a balance between conventional media and digital media, as well as with content.

I completely agree with that goal. The francophone population of Nova Scotia, which listens to the Radio-Canada station out of Halifax, is upset about the fact that they hear more updates on traffic jams in Montreal and on the Samuel de Champlain Bridge than they do content from Nova Scotia artists.

It is important to point out that the case of the Atlantic provinces is unique. There is only one television production centre, supported by three radio production centres, to serve the four provinces. We want more local content to reflect the unique nature of Acadia and to promote and protect Acadian culture.

Unfortunately, when the CBC does not keep its commitments, even when complaints are filed with the CRTC, it is generally not penalized because it is not subject to the same rules as other Canadian broadcasters.

In 2021, it is unacceptable that this exemption still exists. It needs to be removed through Bill C-10. It is vital that the percentage of Canadian content is respected to the letter and that each region of Canada can enforce its local cultural content quotas.

The Conservatives want an equitable regulatory framework for digital media and conventional broadcasters. My Conservative colleagues and I will only be able to support the modernization of the Broadcasting Act if it includes additional, clear, non-negotiable francophone content requirements.

During the Canadian Broadcasting Corporation's licence renewal process, the Fédération acadienne de la Nouvelle-Écosse noted in its brief presented on January 13 to the Canadian Radio-television and Telecommunications Commission that Acadians in Nova Scotia did not get access to a French-language elementary school education until 1981. It took a legal battle that went all the way to the Supreme Court of Canada for them to finally, in 2003, get access to a French-language education in a system of homogenous secondary schools. Without that education in French, Acadians in Nova Scotia became assimilated at an alarming rate. Between 1981 and 1996, the number of French-speaking Acadians in Nova Scotia went from 80,000 to 42,000,

In the spring and fall of 2019, the Fédération acadienne de la Nouvelle-Écosse consulted extensively throughout the province on linguistic insecurity. Participants all reported experiencing language insecurity, discomfort or reluctance to express themselves in French, or even a feeling of inadequacy in French. I am quite saddened by these results. The lack of familiarity on the part of the broader Canadian public when it comes to Nova Scotia's Acadian community contributes to this linguistic insecurity.

Local content must be created so people can see themselves reflected in the media. The one and only measure to improve the place of French is to replace the reference in section 3 that weakens it further. This step backwards is completely unacceptable. It represents a much more vague and, more importantly, a much weaker approach than the act provides for indigenous content, for example.

This is another example of the Liberal government's contradictions. The government is further weakening an essential piece of legislation that is already weak, while making francophone communities across Canada believe that it will introduce a bill to modernize the Official Languages Act, which would focus on the promotion and protection of the French language for all minority francophone communities. That is nonsense.

In light of all these points, there is no way I can vote in favour of this bill without a firm commitment from the government to thoroughly review all the amendments needed to improve it in order to ensure that Acadian and francophone Canadian content has the kind of future it deserves.

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

Thank you, Mr. Chair.

Last week we received a note from the analysts, if I am not mistaken, asking us to send our proposed amendments to Bill C-10 as soon as possible. I would like to check if this is a common practice. We are still at the preliminary study stage. We have not even begun to study Bill C-10. So I think this request is premature. Also, if we refuse to send our amendments, I would not want it to be interpreted as a refusal to cooperate.

Secondly, I find it a little premature to propose amendments before we have even heard from the various witnesses who will come to talk to us about their concerns and give us their recommendations.

I would therefore like to know whether there is any particular reason why they are asking us to send them our amendments so quickly. For us, it will be impossible. We want to take the time to hear from all the stakeholders from the different organizations and then compare that with the information we got from our consultations. Then we will present our amendments to you.

[The Chair, Liberal, Scott Simms]

I call this meeting to order.

Thanks, everyone, for being here. This is meeting number 14 of the House of Commons Standing Committee on Canadian Heritage. Pursuant to Standing Order 108(2) and the motion adopted by the committee on Monday, December 7, the committee is meeting on its study on the subject matter of Bill C-10, or, as we sometimes like to call it, the prestudy to a potential bill.

Today's meeting is taking place in a hybrid format, pursuant to the House order of January 25 of this year. The webcast will always show the person speaking, rather than the entirety of the committee, and will be available on the House of Commons website for those who are tuning in from around the world. To our guests, our members of Parliament and our staff members, taking screenshots or photos of your screen is not permitted.

I'll outline a few rules before we begin. At the bottom of your screen you have the choice of either English or French interpretation, or the floor. Members and witnesses may speak in the official language of their choice. Of course, the platform's “raise hand” feature is on the main toolbar should you wish to alert the chair in case of a point of order or anything of that nature. Before speaking, please wait until I recognize you for the sake of our people recording this and for Hansard. Also, for those MPs asking questions, I remind them to please direct their question to a person they see on the screen. That makes life a lot easier, as we know.

That being said, I do....

We have a raised hand. Go ahead, Ms. Dabrusin.

[Nelly Shin, Conservative, Port Moody—Coquitlam, BC]

Madam Speaker, in my past life before politics, I was an independent recording artist. I was inspired by the music of Dan Hill, Anne Murray, David Foster, Céline Dion and Shania Twain. I discovered them on radio and television. I do not think it is a coincidence that most of my favourite musicians are Canadian; we have a lot of talent here, but the stars whom I mentioned found their big break in the U.S. instead of Canada. I shared this story because I want to affirm the symbiosis of Canadian content creators and Canadian broadcasters in the lives of Canadians and the value of protecting these institutions to allow Canada's cultural and artistic identity to thrive.

Bill C-10 is important in spirit because it seeks to modernize a 28-year-old law that does not take into account diversified broadcasting platforms with the arrival of the digital world, including Internet, social media and streaming. It is critical to acknowledge the reality of new and growing digital platforms and the implications of a global market and of foreign players entering our system, and we must do so with consideration for the long-term sustainability of Canadian content and Canadian broadcasting platforms. This requires adapting the CRTC's mandates to maximize the success of Canadian entities in the broadcasting ecosystem for the furtherance of Canada's heritage and economic prosperity.

We cannot ignore the impact of the broadcasting, film and music sectors on the Canadian economy. Based on a November 2020 report on Canadian Heritage's website, the GDP impact of broadcasting was $9.1 billion, with $16.9 billion in revenues and 41,901 jobs; the GDP impact of film and video was $4.3 billion, with $13.39 billion in revenues and 71,027 jobs; and the GDP impact of music and sound recording was $637 million, with $577 million in revenues and 8,986 jobs.

The trend is also clear. Over the last 10 years, Canadians have increasingly moved toward Internet streaming services for programs, while moving away from paid-subscription TV. These are both viable avenues for viewers today. The implications of these trends plead for a modernized Broadcasting Act. That is the intent of Bill C-10, but I am not fully convinced that the proposed amendments would accomplish what the bill purports to do. I hope to address these issues today.

Canadian content producers and broadcasters have a vital role in the production of quality Canadian drama, reality shows and news. Property Brothers, Schitt's Creek, Kim's Convenience and Wall of Chefs are top-notch Canadian shows that have garnered global attention. We are living in an exciting time for Canadian content, but content requires funding.

Canadian content creators have expressed concern that the proposed amendment to paragraph 3(1)(f) of the Broadcasting Act reflects a weakening of the crucial position of Canadian creative resources in the act. As the act currently stands without amendments, it does so under the assumption of a closed system wherein Canadian controlled and owned broadcasters hold a monopoly. Paragraph 3(1)(f) currently reads:

(f) each broadcasting undertaking shall make maximum use, and in no case less than predominant use, of Canadian creative and other resources in the creation and presentation of programming,

Bill C-10 excludes the phrase “maximum use, and in no case less than predominant” and other conditions. The amendment reads:

(f) each broadcasting undertaking shall make use of Canadian creative and other resources in the creation and presentation of programming to the extent that is appropriate for the nature of the undertaking;

Canadian content creators are concerned that this amendment would diminish the critical position of Canadian creators in the Broadcasting Act. My concern about proposed amendment to paragraph 3(1)(f) is its overall lack of clarity and accountability on the role of all broadcasters, whether traditional or modern, in contributing to the creation and presentation of Canadian content. I agree with Canadian creators that the amendment would undermine the value of Canadian content in the Broadcasting Act. In a time when Canadian stories are beginning to find larger audiences and are defining our artistic identity, the amendment to paragraph 3(1)(f) is a little disappointing.

I would like to add that the lack of copyright and intellectual property safeguards in the amendments in the midst of the current international environment does not reflect modernization. Writers, composers, publishers and other copyright holders depend on royalties for their livelihoods. It is already difficult for Canadians with artistic vocations to make ends meet. Many domestic talents move to the U.S., Europe or Asia to find a viable path. The lack of intellectual property protection in the growing and complex digital world and globalized markets is unacceptable in this age. The Broadcasting Act needs to include a modernized copyright law. If Canada does not work toward optimizing the environment for creators to thrive, our cultural identity suffers. Canadian content is not just a means to help Canadian works to reach audiences; Canadian content should be protected and supported to help our arts and culture sectors help establish our heritage and Canadian identity.

Bill C-10 is important in spirit because it seeks to safeguard equitable programming. Bill C-10 amends the Broadcasting Act to, among other things, update the Canadian broadcasting policies set out in sections throughout the act by providing, among other things, that the Canadian broadcasting system should provide opportunities for aboriginal peoples to provide programming in aboriginal languages that reflect aboriginal cultures, and to provide programming that is accessible to persons with disabilities and free of barriers while serving the needs and the interests of Canadians, including Canadians from racialized communities and ethno culturally diverse backgrounds.

The bill amends the CRTC's mandate to require more content in aboriginal, disabled, racialized and LGBTQ2 people. However, the bill does not address any guidelines to regulate French content. There is no provision of a benchmark to legislate the percentage of French language content. Equitable programming needs to also modernize the Broadcasting Act to ensure that French and Quebec culture content are given adequate opportunities to thrive.

Broadcasters are critical to fostering Canadian identity in the role they have with Canadian content. Whether they deliver Canadian news, reality shows and drama, or contribute to the Canada Media Fund to produce Canadian content, they are critical to our cultural identity, everyday life and our economy. However, in the current Broadcasting Act there are obligations and content regulations that mean well to safeguard Canadian content creators, but inadvertently put them at risk of losing in their competition with foreign digital players who have access to Canadian consumers with little regulation at this time. If Canadian broadcasters fall down, then their support for Canadian content also falters.

The broadcasting system is a delicate realm that requires a delicate balance for all to thrive. Providing an even playing field with foreign Internet broadcasters like Netflix, Amazon Prime Video, Disney, Apple TV+ will certainly help alleviate the unfair competition. Foreign companies should also contribute to Canadian content, but with that should also come the right balance of regulations so that all players, domestic and foreign, can flourish. If they thrive, their investment in Canadian content creation and presentation will inadvertently benefit the fostering of Canada's cultural identity and economy.

In an age when many entities are competing for audiences in the digital world, Canadian news broadcasters are suffering from the added drop in ad sales caused by the economic downturn from COVID-19. A fair and modernized Broadcasting Act would benefit Canada's broadcasting sector. However, Bill C-10 is too vague and does not ensure that web giants like Google and Facebook are obligated to compete under the same rules as Canadian companies. That does not explain how digital platforms and conventional players will compete on an even playing field. It does not explain the guidelines that will be put in place for the production of Canadian content and contributions to the Canada Media Fund.

It would be incumbent on the CRTC to enforce regulations to reflect a modernized act. However, the role of the CRTC is vague. The lack of clarity raises concerns for all stakeholders as to how the CRTC will interpret its role. Will the CRTC over-regulate and stifle Canadian broadcasters among foreign digital counterparts? Will it over-regulate foreign players and shut them out of the system and thereby lessen opportunities for the relaying of Canadian content?

Based on the way the bill is written, it feels like the Liberal government is passing the buck to the CRTC for all decisions. They will then need at least nine months to undertake the first regulatory phase. In this COVID environment we need broadcasters and Canadian creators to have an assurance that they will survive and hope to thrive among international players.

I would like to refer to a conversation I had with one of my constituents, Rob, who owns Gearforce, a pro audio company that supports live concerts. He said that many of his technician friends in the entertainment industry are struggling not only because they are financially hurting because of shutdowns, but also because they are not putting their skills to work. They are afraid they will lose all of the skills they honed over their lifetime. There is a certain standard of excellence that circulates in the arts and culture sector, whether among writers, composers, artists, artisans or technical workers, who have had to work hard to get where they are in a sector where opportunities are very competitive.

A Broadcasting Act that is modernized with the right amendments is a small step forward to helping Canadian arts and culture sector workers and artists find their place in life. However, an ambiguous bill can be more damaging because of potential misinterpretations. If Bill C-10 passes second reading, I hope there will be fulsome discussions at committee to amend the bill.