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. The Library of Parliament often publishes better independent summaries.
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.
Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK
Mr. Speaker, I rise on a point of order.
I understand that broadcasting identified me as the member for Edmonton Manning. I am actually the member for Souris—Moose Mountain.
The Deputy Speaker Conservative Bruce Stanton
The House administration apologizes. That has occurred from time to time in broadcasts, but we will make sure it is corrected. Of course the Journals, the Debates, will reflect the proper riding name of the hon. member.
Resuming debate, the hon. member for Newmarket—Aurora.
Tony Van Bynen Liberal Newmarket—Aurora, ON
Mr. Speaker, I want to begin by acknowledging this House sits on the ancestral lands of the Algonquin Anishinabe.
Canadians are enthusiastic early adopters of technology. Time and time again they have readily embraced the wide variety of broadcasting services available to them, foreign and domestic. These broadcasting services empower consumers with the ability to watch what they want whenever they want it and however they want it. The same goes for listening to music and hearing the news. Bill C-10 will not limit the ability of Canadians to access the programming platforms of their preference; rather, it will ensure the Canadian broadcasting system continues to meet the needs of Canadian consumers.
The Canadian Radio-television and Telecommunications Commission is the independent regulator of Canada's broadcasting systems. It requires television and radio stations and cable and satellite distributors to support the creation and display of Canadian stories and Canadian music. These are requirements that have been in place for decades and have resulted in greater investment and promotion of Canadian content and talent, including high-quality journalism, groundbreaking musical artists and compelling and acclaimed programming.
However, in the current regulatory framework, online broadcasters are exempt from most broadcasting regulations. In other words, they are not required to contribute to the Canadian broadcasting system as is required of the traditional broadcasters. This is because the last time major changes were made to our Broadcasting Act was in 1991, before we experienced the new digital age and its challenges. We are well into the digital age now and it is time for our legislation to join us. It is time for online broadcasters to be treated the same as traditional broadcasters.
Bill C-10 would create a level playing field where all broadcasters have a fair chance to compete by ensuring that online broadcasters are subject to the same regulatory framework. Most importantly, it ensures that both traditional and online broadcasters contribute to a healthy and vibrant Canadian broadcasting system. For Canadian artists, this means securing sustainable funding that will allow them to continue telling stories and making music from a uniquely Canadian perspective. For most consumers this means the ability to access more content that will allow Canadians to see themselves, their communities and their stories reflected through different points of view. For Canada it means a stronger cultural unity, a shared national identity and a more inclusive society.
By presenting the content that is representative of different cultures, communities and languages from across Canada, broadcasting provides a window into the diverse experiences of Canadians. Made in Canada content is considered personally important to 78% of Canadians. It is clear that Canadians see value in seeing their stories on the screen and in hearing Canadian artists on the radio.
I am proud to say that the interest in Canadian content exists far beyond our borders. The hit show Schitt's Creek recently brought home nine Emmys, the film Indian Horse won an award at the 2018 San Diego International Film Festival and Quebec native Céline Dion is one of the best worldwide selling artists of all time. The list goes on. Including online broadcasters in the broadcasting regulatory framework could result in online broadcasters being requested to invest more than $800 million in our creators, music and stories by 2023. It could result in more Canadian successes being enjoyed and recognized abroad.
Whether getting traffic and weather updates or learning about the day's events from prime-time broadcasts, the broadcasting system is an important source of news for Canadians. Traditional broadcasters have long supported journalism and the delivery of local, regional and national news. By including a new policy objective that promotes the provision of news, including that produced by Canadians and reflecting Canadian perspectives from a variety of sources, we are strengthening the role of news in the broadcasting system.
Recognizing that a free and independent press is the cornerstone of our democracy, the bill would not contemplate the licensing of news organizations. However, the bill does create an equitable framework for broadcasting that will help safeguard news production. This way, traditional broadcasters who are important sources of news, and particularly local news, would be better able to compete with online broadcasting services.
The bill was also crafted to keep both online and traditional broadcasting services affordable for Canadians. We understand that, every day, Canadians are making difficult choices on how to spend their hard-earned dollars. This is especially true during these trying times.
Bill C-10 provides the CRTC with the ability to tailor regulatory requirements to specific business models. For example, the CRTC could impose mandatory Canadian programming expenditures on services that are already in the business of commissioning and producing content. Requiring services, such as Netflix and Crave, to spend a certain amount of money each year on Canadian content will help us move the needle on directing investments toward programming that is created and produced by Canadians, for Canadians. This will help the CRTC avoid imposing undue regulatory burdens on a particular service that would then result in raised prices for consumers.
These are just some of the ways that Bill C-10 would benefit Canadian consumers, creators and artists. The exemption for digital services was originally put in place to allow for the innovation and development of new online media services. In 2020, when Canadians mostly access programming online, these exemptions no longer make sense.
The inclusion of online broadcasters in the Canadian broadcasting system with regulatory clarity would promote the entrance of new players into the Canadian market. It supports a vibrant and healthy competition in the sector, creating additional pressures to keep costs down. For Canadian consumers, it leads to a wider variety of high-quality content, with a greater diversity of views in which Canadians proudly see themselves and their stories. After nearly 30 years, it is time to modernize our broadcasting system and to safeguard it for the future.
Laurel Collins NDP Victoria, BC
Mr. Speaker, workers in the broadcasting industry and our Canadian cultural workers are struggling. For many, time is running out.
Why does the bill punt the problem to the CRTC, which means it could take almost a year before we see any real change. The government has a tendency of making promises and then kicking the can down the road. It has done this with some of the most pressing issues of our time. Today, the government tabled a climate accountability bill that does not have any real accountability measures for the next 10 years. It says it supports pharmacare, but when?
It is so important that we support our cultural workers and workers in the broadcasting industry. If the Liberals truly want to fix their disastrous Netflix deal, why not do it now?
Tony Van Bynen Liberal Newmarket—Aurora, ON
Mr. Speaker, first, I do not agree with the terminology of kicking the can down the road. The CRTC is an organization that was established to focus on the industry and to do what is important for the industry in the interests of Canadians. Having the bill directed toward the CRTC and having these corrections in the hands of the CRTC is the appropriate place for them to be. I would liken it to going to see a surgeon when surgery is required, as opposed to going to a general practitioner. We are relying on an organization that has the strength, intelligence and experience to deal with the bill.
Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC
Mr. Speaker, this is a serious matter, and yet the government is not moving from words to action. What is the federal government waiting for? We still have questions, and I think they are worth asking.
We have been talking about medical assistance in dying since the beginning of this parliamentary session. Quebec is ahead on that front. Then there was the issue of conversion therapy. There again, Quebec is ahead. Since January 2018, web giants have been charging the QST, the Quebec sales tax. The federal government is watching the train leave the station. Meanwhile, the Liberals are able to build pipelines. Since January 2019, Amazon has had to charge QST, and even Facebook followed suit.
There is nothing in this wishy-washy bill to make the web giants collect taxes and make their contribution. There is nothing to ensure that there is Canadian content either. We know that culture is not very important to the Liberal Party.
Can my colleague tell us when the Liberals are going to require the web giants to charge tax?
Are they waiting for another pipeline or another train to go by?
Tony Van Bynen Liberal Newmarket—Aurora, ON
Mr. Speaker, what we are doing is trying to move this bill forward. There is an opportunity, when this bill goes to committee, to listen to the suggestions that we have here. I am all for collaboration. I would like to see us have the benefit of the member's perspective, but let us do that in committee and let us implement that as we move the bill forward. We want to go ahead. All we need is to have the vote to take it to committee and start getting to work on this. Let us work together on it.
Elizabeth May Green Saanich—Gulf Islands, BC
Mr. Speaker, I listened to my hon. colleague from Newmarket—Aurora's speech and I am very interested in Bill C-10 and seeing it get to committee.
The member made the point that this treats the live-streaming digital giants in the same way that we would treat other parts of our economy. I want to ask him if we do not need an amendment to direct that, in the case of outfits like Twitter and Facebook that are actually gutting our Canadian journalism, they be treated as publishers and not this fiction that they are platforms. Then, all the rules of libel and slander, etc. would apply to them.
Tony Van Bynen Liberal Newmarket—Aurora, ON
Mr. Speaker, the member raised some really good points. That is why it is important for us to get into committee, to hear that type of input so that we can build a better bill. The minister has said that he would welcome the other perspectives, we would welcome amendments and we would welcome collaboration so that we can move forward into the 20th century.
The Deputy Speaker Conservative Bruce Stanton
It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Fredericton, Official Languages; the hon. member for Nanaimo—Ladysmith, Marine Transportation.
The hon. member for North Island—Powell River.
Rachel Blaney NDP North Island—Powell River, BC
Mr. Speaker, I am very happy to be here today to talk about Bill C-10, and more importantly, talk about the reality that we need to continue to protect Canadian content in our broadcasting systems, in all of our media. The other part of this conversation is about fairness and acknowledging web giants in this country have been getting off very easy. As they have been getting off very easy with very little content taxes, our people who fight for local Canadian content have been left behind.
I represent the beautiful riding of North Island—Powell River. It is the third-largest riding in British Columbia and it is part of Vancouver Island and is also on the Mainland. I am incredibly proud to represent these voices.
Recently, there was a huge storm in our riding. It was a mix of wind, thunder, lightning and snow, of all things. Snow is very rare in our part of the world. During that time, there were huge power outages and people were not sure what was going on. It was our local newspapers and radio stations that let people know what was happening, and if it was not for them, folks would have been isolated and alone. I can promise the House that none of the big web giants were concerned about what was happening in our riding.
I want to give a special shout-out to the local Port McNeill IGA. When people went without power for a long period of time, it had a beautiful BBQ to feed people. It said that if people had any money to give to please give and it would donate it, but if people could not, to just go there and they could get fed. Those are the people I am so incredibly proud to represent and those are the stories we as Canadians need to hear.
There are local papers in my riding: the Campbell River Mirror, the Comox Valley Record, the Powell River Peak and the North Island Gazette. They are always making sure we know what is happening in our riding. I respect them immensely. They are very small, and they get out there and make sure we record what is happening and let other people within our communities and region know what is happening locally in our community. They remember all of those communities, the little ones like Sointula, Woss, Whaletown, Van Anda, Alert Bay and many more.
Something particularly unique and special about Canada is that we have a huge land base and a small population, and people are living all over the place living important lives. These papers connect us. They work hard to keep us informed on what is going on nationally, internationally, and most importantly, locally. They tell us what is happening.
I think about Remembrance Day this year. It was very different than the Remembrance Day we are used to. Usually people are out together across all the communities. This time, people were waiting for the newspapers to share their recordings on social media. They were waiting to see the pictures. These are important roles, and if they were not there watching, it would not be happening.
The reality is they are facing a huge challenge. They are having to fight every day for their survival. Their huge competition are significantly bigger corporations like Facebook and Google. They are fighting them and trying to survive. All of those local papers use Facebook, which is an important tool. However, more and more people are using things like Facebook and Google to advertise, which means they are not getting the same amount of money that really helped them build their businesses.
I want to say it again, Facebook is not dedicated to our region. It does not show up at all the local events and it does not make sure to keep the history of our community. If people want to know what happened in their community in the past, where do they go? They look at old newspapers. That is where we learn about what happened and get those pictures of our ancestors who did things in the communities. That is an important part of carrying on our history.
We know when COVID came the challenges for our local newspapers only increased. In the middle of a pandemic, our local culture and media folks were worried about keeping their jobs. According to the Yale report, Google and Facebook have received nearly 75% of online advertising revenue in Canada. That leaves our local TV and newspapers only gaining 8.5% of all Internet advertising.
The CBC did a compilation that showed that in 2018-19, Ottawa spent $52 million advertising on web giants. That was five times more than the local Canadian platforms. That is devastating, and it tells us something very important, that we are seeing a decrease of support for local content.
I said earlier that I represent a rural and remote riding, with lots of communities that really need these meaningful jobs. When we see that unfair competition, we see that they are not getting to keep those jobs. This is another thing that we have to start addressing in this country, that rural and remote communities are challenged. We need to have a better strategy so that those economies can grow and blossom. The more we centralize, the less those communities flourish. We have to take some leadership on that. I am waiting to see the government do that.
This bill really punts it down the line. I know the last member who spoke disagrees with that, but we are giving it to the CRTC and saying, “Figure something out.” It has happened in other places. For example, in France, the cultural minister actually stood up and said that if they were going to go there and create content, they would have to pay taxes so that there could be local content.
If all of these web giants are going to be making money, they are going to have to pay their fair share so that our Canadian folks do not lose their jobs and we do not lose the history of our precious country.
Here we are again, discussing, and I did this in the last Parliament, the Liberal promise to make sure that web giants pay their fair share. However, again, this legislation has nothing around fair tax rules. That is what we need. Most people would remember when the Liberals made a big announcement that we were going to get money from Netflix, it would be great, it would be taxed a bit more. What did we all see across the country? Canadian rates for Netflix were raised to cover that cost.
We are talking about actually taking these guys on and making sure that they pay their fair share so that Canadians can remember their own content. We need to protect Canada's unique voice.
In my riding, I am so impressed with the Vancouver Island North Film Commission. Its leadership has been immense and has brought opportunities into our riding. It has really worked hard. I just want to say how much I respect the commission and how important that is. In fact, it locally connected with the North Island College not too long ago. It began training people.
What we are seeing is local people being trained in our local communities, and then working in the film industry in our region. This is so important.
In this country, we need to take leadership and say, “We have this immense country. We have rural and remote communities, and their economies are based largely on the resources. We do not want that to end, but we want to diversify so there is more stability.”
This is a place where resources could go from these big web giants, and make sure that these folks get the support they need to build important content that is Canadian, but also to maintain a diversity of employment, of good-paying jobs, in our regions.
When we talk about addressing these big web giants and their paying their fair share, we know that organizations like Amazon, Apple and Netflix can pay. While the reality in this country is that they are not paying, and are in fact undercutting our local content providers, we are not doing the right thing.
When we work on this bill, and I see some good things and I hear from the government that we should get into committee and make it work, I wish the government would be a little more ambitious. I wish the government would not wait for the opposition parties to tell them what to do.
When we get down to it, we have to protect local content. We have to look at our systems and make sure there is a diversity, so that when we look at our economy, we see that diversification happening across the board so that everybody benefits from it.
In closing I will simply say this, I come from a riding that has built this country. That is what rural and remote communities do. They have their economies that are largely resource-based, and they have built Canada. I want to thank them. We want to see some accountability in this House to make sure that those communities stop suffering and start having a more diverse and stable economy. It is simply time. It is definitely time to make sure those web giants pay their fair share.
Lenore Zann Liberal Cumberland—Colchester, NS
Mr. Speaker, as a professional artist myself for 40 years, I am also a member of the Canadian actors' union, ACTRA, and colleagues like Ferne Downey, Theresa Tova and David Sparrow have been lobbying governments for the modernization of Canada's Broadcasting Act, which is now Bill C-10, for years. They say that these proposed changes will help strengthen the industry and lead to increased investment in Canadian content production and, by extension, increased work opportunities for Canadian performers.
My question for the member, therefore, is this. Will she and the NDP be supporting this important legislation? It is a first step in doing the right thing for Canadian performers.
Rachel Blaney NDP North Island—Powell River, BC
Mr. Speaker, I sit on committee with the member, and I enjoy our time together there.
I will simply say I think it is absolutely imperative that we take that next step and support this sector. We have seen the challenges it has faced and we need to see that support happen. What I am saying about this bill specifically is that I see some things that are strong in it, but what concerns me is the actual ability of the government to get out of the web giants' pockets and start holding them accountable, so that we can see that prosperity across the board.
Our sectors here have waited and waited for this, and we need to support them now. That needs to be our priority.
Scott Aitchison Conservative Parry Sound—Muskoka, ON
Mr. Speaker, I must admit I was somewhat entertained by the previous question, and I am curious if my hon. colleague could speak to this legislation being important. As it is written right now, it seems like it is written for the sake of writing something on paper. It is going to need an awful lot more work, I would think, for it to actually be useful, important and viable.
I am curious if the member could comment on how much more work it actually needs.
Rachel Blaney NDP North Island—Powell River, BC
Mr. Speaker, I have to say that my biggest concern is the urgency that this sector, the cultural sector, requires. Especially with COVID, we have seen already-struggling areas struggle more. This has been a particularly vulnerable sector where even getting COVID resources has been a huge challenge.
When I look at this piece of legislation, my concern is that it is getting kicked down the way and it is getting downloaded onto someone else. I understand the role of the CRTC. What I am asking is for us to take some leadership in the House. We are asking the government to take some leadership and make sure these big web giants pay their fair share. We are not asking anything unreasonable. We are asking them to pay their fair share, so that we can see the people in this sector actually begin to flourish more profoundly in this country.