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.

Broadcasting Act

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, I was pleased to hear our colleague emphasize the need to strike a balance between the players and the creation of a royalties system. I was pleased to hear her say that she would like a certain percentage to be francophone. From what I understand, she agrees with the Bloc Québécois proposal that 40% of the money should be allocated to francophone content.

However, I would like to hear her thoughts on community media, which have been completely overlooked in this bill. Does she think that, in committee, we could add these players to ensure that they get a piece of the pie? They are responsible for a significant portion of local and regional information.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Madam Speaker, I am all about community media.

Here in our own community, we have myFM, which is one of the organizations that came here about 10 years ago. We went through the licensing process to have a community radio. The Aylmer Express and the Dorchester Signpost are two small groups of newspapers that are out there working really hard. I would show the House my Aylmer Express, because it is truly the largest newspaper in Canada. If you are looking to expand a newspaper, it is physically the largest newspaper in Canada.

I look at the importance of other local media. Ian McCallum, a local reporter, who has been with the St. Thomas Times-Journal, has done local media for many years. That is what we are seeing shrinking right now. Each and every day, we ask where our local content is. We are seeing a lot of things being pulled from our local newspapers, just from the national owners of many of these media outlets.

I would really like to see more local news carried all the time. That is something that connects our communities and during this pandemic has really been beneficial to my community here in Elgin—Middlesex—London.

[Laurel Collins, NDP, Victoria, BC]

Madam Speaker, the member mentioned the layoffs we have seen over the past few weeks.

In my riding of Victoria, we have seen Bell Media laying off staff at Bell-owned stations, like CFAX, CTV News Vancouver Island.

Bell received $122 million in pandemic relief-related subsidies and has paid out increased dividends to their shareholders, and then it turned around this week and laid off hard-working news staff. Bell received taxpayer support, paid out their shareholders and laid off staff. It seems like the government is willing to give big breaks to corporations at the expense of everyday Canadians.

Could the member speak about the need for accountability for the government, accountability for corporations, and the impact on our media and Canadians?

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Madam Speaker, absolutely. That is one of the biggest things we need: accountability from both sides, including accountability from the government on how it is spending its money.

Wise spending is what we need, and the government has been lacking in that regard, especially over the last five years and specifically in this last year of the pandemic.

[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.

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Madam Speaker, I think that the member for Port Moody—Coquitlam and I agree on many things.

Regarding the importance of the sector in Canada, just one measure that we have announced in the context of COVID is an insurance backstop that will help to create 60,000 jobs. For every dollar the federal government is investing in that measure, the private sector will put in $10.

Would the interests of the people we are trying to serve be better served if we were having these conversations at committee to try to improve the bill, which I have said from the beginning could be improved, rather than in this context where people are just talking? We can ask a question, but we are not actually working on the bill.

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

Madam Speaker, I really miss being on the minister's committee.

I agree that we see eye to eye on a lot of things, and I am not averse to the idea of the bill going to committee. My desire is to see a fulsome discussion to make sure the ambiguities that have been expressed by many members will be addressed. The bill should bring us all toward a very balanced ecosystem in this sector and not leave any glitches that will undermine the role of any one of the players.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, my colleague talked a lot about artists, whose activities are often covered by the local media in our respective ridings.

These artists have not received adequate support during the pandemic. While the Quebec government understood the importance of the local press and was investing in traditional and community media to get its messages across, the federal government was supporting the Facebooks, Amazons and other web giants of the world by investing in online advertising rather than investing in our traditional media.

This was confirmed by local media outlets back home in Shefford during a meeting I had during the pandemic with my colleague, the member for Drummond. What does my colleague think of the importance of leading by example and reinvesting the money intended for web giants, for example by creating a fund for local media, local press and community media?

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

Madam Speaker, I fully agree that local media is very important, especially at a time like this, for ensuring that details only local media can produce are accessible. That is part of my concern. If the bill does go to committee, there should be accountability and regulations for web giants so that we can provide the tools for our sector to flourish and not just give a free ride to web giants.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Madam Speaker, I have been trying to follow this debate closely and it seems there is broad agreement that amendments to our Broadcasting Act are necessary after such a long period of time and that a level playing field should be created so that web giants like Netflix are not exerting undue influence and monopolizing our media and cultural markets. It seems like there is a lack of clarity.

The member used the word “ambiguous” and noted that perhaps too much discretion is placed with the CRTC. The previous speaker felt that the current definition of “Canadian content” was overly restrictive.

I am wondering if the member could expand on what specific amendments she would like to see if the bill makes it to committee.

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

Madam Speaker, what I would like to see overall is a balance. Again, because of the ambiguity and what is presented, there could be better clauses to work with. In the big picture, I would like to see more balance and that no one is left out of how the Broadcasting Act moves forward.

[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.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, we have been debating the bill for four days and it is very clear that most Conservatives are opposed to it. They have made that clear. However, it does not seem to be something people are fighting tooth and nail over.

I am just curious why the Conservatives will not let the bill come to a vote so we can either see it collapse or get it to committee to continue to work on the stuff that the member and other Conservatives have been talking about. Why are the Conservatives holding it up?

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

Madam Speaker, quite honestly, we need an indication from the government that changes can be made to the bill. As I said in my remarks, there needs to be a representation of francophone communities outside of Quebec, especially Acadian representation. We need to have a better idea of how the CRTC will work with or charge the CBC to provide the services needed for our community. As I said, in 1981, 80,000 Acadians said they spoke French, which was down to 42,000 in 1996. It is unacceptable, and the CBC and CRTC have a lot to do with this.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, would the member explore the question of what constitutes a broadcaster? A major concern for me is what would be defined as a broadcaster, who is in, who is out, and how these regulations could be applied to relatively small operators. If people start their own YouTube channels and get a large number of subscribers, do they become subject to all kinds of regulations around, for instance, diversity and content, which may be beyond their scope to be aware of or include?

These subjective determinations are ultimately out of our hands as legislators. Does the member have concerns about that on which he would like to elaborate?