An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Sponsor

Status

Report stage (House), as of June 14, 2021

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-10.

Summary

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

June 7, 2021 Passed Time allocation for Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, shame on the member for the interruption.

I have debated this issue. I have supported this issue's advancement, and I suspect that it will get through second reading at some point, as other private members' bills will. If there is keen interest such as I have heard today on the floor of the House from all members, I would suggest that they raise the issue with their respective House leadership teams. Maybe there is a way in which it can be accommodated.

Is this select group now going to prioritize all the other areas and bills that are before us and say these ones too should be rushed through the House of Commons without debate, let alone some debate? I could list Bill C-6 on conversion therapy. I could talk about Bill C-30, which is going to help millions of Canadians, many of whom are in desperate situations. Then there is Bill C-12, on net zero and the environment, and Bill C-10. That does not even go into the many private members' bills from many of our colleagues who are very interested in advancing their ideas, resolutions and bills.

That does not take away from the importance of the debate on this bill. I suspect that when it comes to a vote, every member will likely vote for it as they did previously. The ones who are trying to score political cheap shots today are the opposition parties. In the days going into summer, this is brought to the table. If the people who are pushing for this legislation really wanted to do a service for the audience, there is a better way of doing it. I suspect some of them know that, but they have chosen to do this in their partisanship, while saying the Liberal government is preventing it.

Out of respect for some of the individuals I have referenced, I will work within my caucus, as I know my colleague from Toronto who spoke prior to me will. We understand what the bill and the legislation will do, but we also understand that after today there are three days left of this session before we break for the summer. There are still opportunities to try to shame one political entity into unanimous consent for personal or political views, or to try to make others look bad. I believe that the manner in which this issue is being dealt with today is just wrong.

I have been on House leadership teams for 30 years. It would be nice to see this bill passed at all stages. If that is possible, then I would really recommend that members watching or participating use that same passion in talking to their House leaderships. There might even be some other members who have other ideas for legislation that may be important to them and to Canadians, and that could allow us to set a good example around the world.

Canada taking action can have a positive outcome for other nations. I recognize that, but I also recognize that at the end of the day, in order for us to succeed we have to have a process. If we are respectful of the process and work in collaboration as parties, we could probably achieve a lot more, as we did for the private member's bill the first and second go-round.

I would invite members who are following the debate to participate in a discussion afterwards with regard to how I feel, using my expertise, about what could be done with regard to this legislation.

I suggest this as an open gesture of goodwill, because I, like the former Liberal speaker, support the legislation.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, my question to the member is related to the request he has asked of the House. Would he agree that what he was attempting to do is best done through House leadership teams, where they can try to see if it is possible to do what he has requested?

For example, would the member support the quick passage of Bill C-30, which is the budget bill, given the implications for the pandemic and supports for Canadians? Would he support such a measure for Bill C-30, Bill C-6, Bill C-10 and Bill C-12?

Budget Implementation Act, 2021, No. 1Government Orders

June 18th, 2021 / 10:55 a.m.
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Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Madam Speaker, this is important legislation, as is Bill C-12, Bill C-10 and Bill C-6. They contain important value-based measures for Canadians that we need to pass before we rise for the summer.

Business of the HouseOral Questions

June 17th, 2021 / 3:40 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I want to thank my colleague and also thank and congratulate André Gagnon for his invaluable help and his kindness. I wish him a happy retirement.

To answer my esteemed colleague's question, this afternoon we will finish the debate on the opposition motion. This evening we will debate and vote on the estimates.

Tomorrow we will resume debate at report stage of the same bill, Bill C‑30, budget implementation act, 2021, no. 1.

Next week, priority will be given once again to Bill C‑30 at third reading stage because it is absolutely essential. We want to send this bill to the Senate as soon as possible of course.

Our other priorities will be Bill C‑12 on net-zero emissions, Bill C‑10 on broadcasting and Bill C‑6 on conversion therapy.

In closing, since this is my last Thursday statement before the House rises for the summer, I would like to thank you, Mr. Speaker, for the incredible and at times difficult work that you did all year to guide us in these hybrid sittings of the House, which added an extra challenge. I also want to thank the clerks, the interpreters, the support staff, the pages and all the parliamentary staff without whom we would absolutely not be able to do our job every day.

Many thanks to all of you.

Freedom of SpeechPetitionsRoutine Proceedings

June 16th, 2021 / 4:20 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, it is my honour to rise today to present e-petition 3393 on behalf of many Canadians, particularly those from my riding of Chatham-Kent—Leamington.

The petitioners are extremely concerned that Bill C-10 unjustly infringes on citizens’ right to freedom of expression outlined in section 2(b) of the Charter of Rights and Freedoms, particularly that the speech Canadians engage in on digital platforms is crucial to their conveying of their basic individual expressions. Bill C-10 would provide the CRTC with the authority to control and regulate user-generated content on digital platforms that Canadians use every day and censor what Canadians post and see on social media and the Internet, providing it with sweeping powers over how Canadians communicate and express themselves online.

These Canadians want their rights upheld and due process followed. I commend you, Mr. Speaker, for so ruling yesterday.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 3:20 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, this is one of the elements at the heart of Bill C-10, the discoverability of Canadian artists; francophone artists by anglophones in Canada, anglophone artists by francophones in Quebec or elsewhere in the country; the discoverability of indigenous artists, which are starting to emerge in different fields, whether it be music, dance, contemporary art; and so many other elements of our vibrant artistic scene.

That is why it is so important we adopt Bill C-10. That is why APTN and other indigenous organizations across the country have asked for the adoption of Bill C-10 as have quite a number of artistic and cultural organizations.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 3:20 p.m.
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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, a number of years ago a good friend gave me a really lovely collection of Canadian folk songs. In it are forgotten tunes from Quebec, which are absolutely delightful. It made me think that perhaps one of the best and most positive aspects of Bill C-10 was the notion that more of this Canadian content would be made discoverable to Canadians outside of Quebec, which would be an enriching experience right across the country.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 3:10 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, I was saying that I want to take this opportunity to talk about how our government is supporting Quebec's unique and vibrant cultural sector.

I think all members will agree that, owing to its excellence and diversity, this sector plays a key role in promoting the French language both in Quebec and across Canada, and even beyond our borders.

It is no secret. Thanks to globalization and technology, our artists are finding audiences in every country around the globe. In fact, our government eagerly promotes Quebec culture internationally, in addition to making it part of our diplomacy.

We are also making sure that we do not drown in the ocean of U.S. culture, and our Bill C‑10 is helping us with that. A big part of the mandate that the Prime Minister has given me as Minister of Canadian Heritage covers areas of shared jurisdiction with the provinces and territories.

Hand in hand with Quebec, we have developed many of our cultural flagships. Together, we can continue to showcase our culture, while also ensuring that Quebeckers and all Canadians have an arts scene that reflects them and their stories in their language.

Our partnership advances our shared interests in different ways using a variety of collaborative mechanisms. All our levels of government are currently involved in extensive discussions, and we have very productive relationships. We already work together closely in many areas, such as cultural infrastructure, audiovisual production funding and arts funding in general. Our collaboration includes Canadian Heritage and the agencies and Crown corporations I am responsible for, such as the Canada Council for the Arts, Telefilm Canada, the National Film Board of Canada and a number of national museums.

The COVID‑19 pandemic hit our cultural sector hard, harder than almost any other economic sector. Many stakeholders and residents of my riding expressed their support and appreciation for the initiatives rolled out to support the sector during this public health crisis. We worked hand in hand with our provincial and territorial partners to do this essential work, each partner's actions complementing the other's to ensure the survival of organizations and directly support artists and workers in the cultural sector.

Since people had to stay at home for many months, musicians, singers, actors, stage technicians and other industry professionals found themselves out of a job. Our museums, art galleries and theatres had to close their doors.

Over the past year and a half, my team, the public servants at Canadian Heritage and I kept in regular contact with our provincial and territorial colleagues through frequent intergovernmental and bilateral meetings, telephone calls, video conferences and written correspondence.

Our federal, provincial and territorial forum on COVID-19 gave us an opportunity to work together so we could share best practices, discuss what we had heard from our respective stakeholders, and do our best to ensure that no one slipped through the cracks, cracks that we all worked hard to fill along the way so that no one would be left behind.

For decades, the Government of Canada has been supporting Quebec's cultural industry through significant, ongoing investments. Combined with the action taken by the provincial government, these investments led to impressive, undeniable results. This solid tradition of support continued during the pandemic when both Ottawa and Quebec City stepped up to help our cultural industry.

In June 2020, the Government of Quebec announced its $400‑million economic recovery plan for the cultural sector, from film and television production to music and festivals. There have been many announcements of additional support since.

For our part, our government has offered unprecedented targeted support. On May 8, 2020, I announced new emergency funding for cultural, heritage and sports organizations. This $500‑million emergency funding has helped maintain jobs and support business continuity for organizations whose very viability was in jeopardy because of the pandemic, allowing them to survive this crisis.

Of this $500 million, $412 million went to the culture and heritage sector, with $114 million, or more than 30%, going to Quebec.

That proportion reflects the historical strength of Quebec's cultural sector and the support it receives from the federal government, thereby ensuring the survival of the French language. More specifically, Quebec stakeholders received nearly a third of the emergency funding allocated by the Canada Council for the Arts, the Canada Arts Presentation Fund and the Canada Arts Training Fund. In the same vein, Quebec stakeholders received over 55% of the emergency funding allocated by the Canada Book Fund, as well as 25% to 35% of the funding available for the subsectors of magazine publishing, new media, television and radio.

Our government committed to supporting the arts throughout the recovery period. It is developing a strong recovery plan for everyone. Back in the fall of 2020, we created a $50‑million compensation fund for Canadian film and television production to stimulate the recovery of this sector, which supports tens of thousands of jobs across the country, many of them in Quebec. Since then, this fund has been doubled to allow for even more filming in the months to come.

Subsequently, the 2020 fall economic statement provided an additional $181.5 million for the performing arts sector. This investment will help artists begin to create works that can be presented once the restrictions are lifted, cover additional expenses for the presentation of shows that comply with health guidelines, and allow our creators to develop their digital offerings, in addition to stabilizing the theatre, dance, festival and music sectors.

The last budget went a step further with an historic $1.5‑billion investment to assist the cultural sector's recovery. In addition to these targeted investments, various universal programs have also played a critical role in the survival of organizations and direct support for artists, creators and other cultural workers.

We already had the Canada emergency wage subsidy, the Canada emergency rent subsidy and the Canada emergency response benefit, and now we have the Canada recovery benefit. Without these measures that our government has deployed, far too many would simply not have made it through the past 18 months.

Thanks to the vaccine rollout currently taking place at a steady pace across the country, we can look forward to the coming months with some optimism. The coming months will offer us opportunities to share our culture, both with Canada and with the world.

One example is the Frankfurt Book Fair this fall, at which Canada will be the guest of honour. By participating in the book fair, we can generate more international interest in our authors by showcasing creative content from Quebec and Canada to the rest of the world.

As I said earlier, the Department of Canadian Heritage has a long tradition of supporting Quebec's cultural sector, dating back well before the pandemic. For the 2019-20 fiscal year, Heritage Canada paid a total of $240 million in grants and contributions to Quebec-based organizations, including $101 million for culture, $73 million for official languages, $21 million for heritage and celebrations, $17 million for sports, and $9 million for diversity and inclusion.

Agencies connected to the department, such as the Canada Council for the Arts, Telefilm Canada and the Canada Media Fund, made financial contributions as well. Quebeckers identify strongly with many of these agencies, which have become veritable cultural institutions in their own right.

Just look at Radio‑Canada and the National Film Board, which have played and continue to play a very important role in the development and success of Quebec's cultural sector and Quebec society as a whole. These federal agencies help create jobs for thousands of people in Quebec and across the country. They are essential to the vitality of Quebec's film and television industry.

Funding for cultural projects and initiatives has also been provided. One such example is the Diamant theatre project. Two federal programs contributed funds to help a talented and world-renowned creator fulfill his dream in the heart of beautiful Quebec City. The investing in Canada infrastructure program contributed $10 million, and the—

The EconomyOral Questions

June 15th, 2021 / 2:30 p.m.
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Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, yesterday, the finance minister decided to delay her own budget by punting debate on that budget in order to ram through Bill C-10, this at a time when our unemployment is higher than the U.K., the U.S., Japan, Germany, the G7 and OECD, and there are half a million missing jobs. That same budget said that all the pre-COVID jobs would be recovered by this month.

Will the finance minister keep her word and guarantee that every single pre-COVID job will be recovered by this month when the numbers come out early next month?

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 12:25 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I would like to start by marking the 30th anniversary of my wonderful political family, the Bloc Québécois. Officially born at a founding convention on June 15, 1991, the Bloc Québécois has been the only federal political party dedicated solely to defending the values and interests of Quebeckers for the past three decades.

I would also like to point out that the first member elected following the creation of my riding of Laurentides—Labelle in 2003 was Bloc Québécois MP Johanne Deschamps, who served three terms between 2004 and 2011. It was in fact from Ms. Deschamps that I got to learn the trade. I worked as her political aide from 2009 to 2011. I have learned a lot over the past few months, and I am still learning. It was a privilege to have this experience.

The women and men who make up the great Bloc Québécois family have been working for 30 years. I just want to take a minute to show just how proud we can be of our achievements.

The Bloc Québécois is working for Quebec culture. For example, there is Bill C‑10, so ably defended by the member for Drummond.

We are working for agriculture, particularly through my esteemed colleague from Berthier—Maskinongé's sustained defence of supply management.

We are striving to protect the environment by frequently speaking in favour of climate accountability and ending federal subsidies for fossil fuels. This cause is being championed by the all-female duo of the members for Repentigny and Avignon—La Mitis—Matane—Matapédia.

We are working for Quebec's economy by presenting demands and applying pressure to obtain a real federal aerospace policy, support the development of Quebec's forestry industry and defend our Quebec businesses. My colleagues from Joliette, Saint-Hyacinthe—Bagot and Jonquière are doing remarkable work on these issues.

We are working for border security by calling for oversight of border management. I am thinking of our member for Avignon—La Mitis—Matane—Matapédia among others.

Of course, we are working for the sound management of government business by holding the government's feet to the fire on issues that represent a conflict of interest, whether it is the partisan appointment of judges or the awarding of contracts to Liberal friends. I salute the hard work of my colleague from Rivière-du-Nord. I have been working alongside him for the past 14 months.

I would like to highlight the Bloc Québécois's efforts to improve employment insurance by proudly proposing to increase the number of weeks of sickness benefits. I salute my colleague from Salaberry—Suroît and her Émilie Sansfaçon bill.

We are working for health care by continuing to demand that the government increase health transfers. My colleagues from Montcalm and Joliette are working on this file.

We are also working for seniors by continuing to press for an increase to old age security. I want to commend my colleague from Shefford for her work on this file.

Today is a big day, a very important day for us. On this, our party's 30th anniversary, we have moved a motion stating:

That the House agree that section 45 of the Constitution Act, 1982, grants Quebec and the provinces exclusive jurisdiction to amend their respective constitutions and acknowledge the will of Quebec to enshrine in its constitution that Quebeckers form a nation, that French is the only official language of Quebec and that it is also the common language of the Quebec nation.

Today we are not asking the House whether it agrees with Bill 96 or whether it thinks Quebec should enshrine in its constitution that Quebeckers form a French-speaking nation. We are calling on the House to acknowledge a reality.

The amending formula to section 45 allows, or rather would allow, since I am hoping to hear in all the speeches that each and every one of us supports the motion, Quebec and every other province to amend its Constitution. That is a fact. Quebeckers chose to use this tool to enshrine in their constitution that they form a nation, that French is the only official language of Quebec and that it is also its common language. That too is a fact. I remind the House that our motion merely asks that the House agree, as I said before, that Quebec has the right to do this and that the motion basically uses the wording of the Constitution Act, 1982.

To clarify the terms of our motion for those watching, I will simply give the example of the term “nation”. A bit of research will tell us that, when applied to a state or territory, it can be synonymous with “country”. That is what we mean when we speak of the United Nations, of which Quebec cannot be a member because it is not sovereign.

The motion states that Quebec is a nation. What does that mean? It is not about becoming a country. The motion calls on the House to recognize that Quebeckers form a nation. The Larousse dictionary defines the word “nation” as a large community of people, typically living within the same territory and having, to a certain extent, a shared history, language, culture and economy. The Robert dictionary defines “nation” as a group of people, generally large, characterized by awareness of its unity and a desire to live together. This is what today's motion is all about. I do not know what my colleagues think, but it makes me think a lot about Quebeckers and what we are experiencing today.

No matter how we turn the question over, it is obvious that Quebeckers form a nation, especially since October 30, 2003, when the Quebec National Assembly unanimously adopted the following motion: “That the National Assembly reaffirm that the people of Québec form a nation.” We agree that passing this motion will reinforce the consensus in Quebec.

There is a reason the Quebec National Assembly specified that it was reaffirming the existence of the nation of Quebec. In fact, this resolution reiterated what all Quebec governments have been saying for decades, namely, that the Canadian confederation is a treaty of union between two nations. Members spoke about this earlier.

Obviously, Quebeckers' conception of their nation has changed over the years. We see ourselves less and less as a minority within Canada and increasingly as a separate nation with its own territory called Quebec and a national government called the Government of Quebec.

Anyone who joins us on this great adventure to build a French-speaking society in North America is as much a Quebecker as the descendants of the 17th-century French colonists, and that is a good example of the Quebec nation's inclusiveness.

In closing, I would like to talk about an experience I had a few days ago. I want to recognize Jessy Gareau, a young graduate from the Centre collégial de Mont‑Laurier who signed an open letter in the Journal de Montréal. He is only 21 years old and he wrote the following, and I quote: “to adopt the necessary measures in our time to save French in Quebec”.

I commend Jessy, and I am sure that—

Admissibility of Amendments in the Fifth Report of the Standing Committee on Canadian Heritage —Speaker's RulingPoints of OrderGovernment Orders

June 15th, 2021 / 12:15 p.m.
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Liberal

The Speaker Liberal Anthony Rota

I would like to thank the member for Banff—Airdrie for his point of order raised yesterday regarding admissibility of amendments made to clauses 8 to 47 of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, by the Standing Committee on Canadian Heritage, and contained in its fifth report.

The member argued that by putting the question on amendments after the expiry of the time provided for in the time allocation order of the House, the committee went beyond the provisions of the order. Accordingly, he asked the Chair to strike out from the report the amendments adopted to clauses 8 to 47 of the bill. In addition, he asked the Chair to rule out of order the amendment introducing new clause 13.1 because it was outside the scope of the bill.

Several principles come into play when considering the first issue of this point of order.

Time allocation allows for specific periods of time to be fixed for the consideration of one or more stages of a public bill. Its main effect is to determine a set amount of time for debate.

As was recently pointed out, we have few examples of time allocation motions applied to committee consideration of bills. Until last week, we had no example of such a motion being adopted since February 2001, when the House made important Standing Order modifications in regard to committee consideration of bills and the selection of report stage motions. There are few precedents involving the imposition of such an order on a committee.

The Chair is generally reluctant to involve itself in committee matters unless something extraordinary has occurred. This reluctance is even greater when the committee has not provided any insight through a substantive report to the House. While it is also generally understood that committees are masters of their own proceedings, this principle is not unlimited.

We know for instance that the Speaker may be asked to intervene when committees exceed their mandate when considering legislation. This is usually with respect to the procedural admissibility of amendments.

The member for Banff—Airdrie referred to page 779 of House of Commons Procedure and Practice, third edition, in his intervention. Were the principle and scope of the bill respected? Was an amendment infringing on the royal recommendation, or was it relevant? These are matters of interest for the Chair.

On June 7, the House adopted a time allocation motion concerning Bill C‑10 so that no more than five additional hours of debate be allotted to the Standing Committee on Canadian Heritage. At the expiry of the limit, after which the proceedings were to be interrupted, and I quote, “every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.”

There is no question that the House, by adopting a time allocation motion, has decided to limit the study of the bill in committee. The committee continued its study of the bill, and committee members debated and proposed amendments until the end of the time allocated.

When the committee reached the five-hour mark, it had to interpret the House order and reconcile it with the decisions previously taken in regard to the amendments put forward by both independent members and committee members, as well as context surrounding its consideration of the bill.

The House order is silent about the amendments submitted by independent members deemed moved in the committee and about amendments for which committee members had given notice and that had already been distributed to members but not yet proposed.

Ultimately, the committee decided that all amendments received prior to its five-hour deadline would be put to a vote, but that no further amendments or subamendments would be considered.

It is clear that the committee considers all the clauses of the bill and that amendments submitted by representatives of all the recognized parties, as well as by a member belonging to a party that is not recognized, were proposed for the vast majority of them after the five-hour deadline had passed. The Chair is not empowered to pronounce itself on the circumstances surrounding the study of these amendments, it can simply note the result.

As mentioned earlier, the precedents in regard to the interpretation by a committee of a time allocation motion are very few. That said, in the view of the Chair, the terms of the House order were clear and stated that, at the expiry of the five hours, no further debate ought to take place nor amendments moved or adopted.

I therefore rule that the committee exceeded its authority by putting the question on amendments after the five-hour mark. However, in the list of amendments made to clauses 8 to 47, the Chair notes that the amendment made to clause 23, which added text to line 7 on page 20 and replaced line 8 on page 24 of the bill with new text, was the consequential result of an amendment previously adopted by the committee to clause 7 of the bill. Accordingly, this amendment will stand.

All other amendments made to clauses 8 to 47 are declared null and void, and will no longer form part of the bill as reported to the House. In addition, I am ordering that a reprint of the bill be published with all possible haste for use by the House at report stage to replace the reprint ordered by the committee.

Finally, with respect to the amendment that created new clause 13.1, I would agree with the member that this modifies a section of the Broadcasting Act that was not covered by Bill C-10. As such, it is a violation of the “parent Act” rule and it goes beyond the scope of the bill. Consequently, it is also declared null and void and will not form part of the bill. Report stage, the next step in the legislative process for this bill, will accord an opportunity for amendments to the bill to be made.

I thank the House for its attention.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 11:30 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I am pleased to be able to ask my question again, because I did not get an answer at all. I heard the hon. member talk about the importance that his party seems to place on the myth that Bill C‑10 would infringe on freedom of expression, but that was not the point of my question at all. I wanted his opinion on the importance that should be placed on protecting francophone and Quebec culture in the legislation that is voted on here in the House of Commons, and particularly on the urgent need to pass a bill, such as Bill C‑10 on broadcasting, in which specific regulations and a specific framework would be enshrined to protect francophone culture.

That is really what I want to hear from the hon. member, not rhetoric about freedom of expression. We have already heard a lot of that.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 11:25 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, the member did give us a nice history lesson.

Today we are talking about the French language and about Quebec and francophone culture, and we are also in the midst of a rather heated debate on Bill C‑10, an important part of which is designed to protect francophone culture. However, there is a lot of opposition to this bill in my colleague's party.

I would like to hear my colleague from Chicoutimi—Le Fjord speak to how important it is to protect francophone culture through laws, such as the Broadcasting Act, which we are in the process of reviewing.

Government Business No. 10—Broadcasting ActGovernment Orders

June 15th, 2021 / 12:40 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, how is this possible?

At the beginning of her speech, my colleague said that she was an artist, a composer, so how can she not automatically be excited about the idea of promoting the talents of Canadian and Quebec artists? That is the purpose of Bill C‑10. The bill is designed to ensure that multinational digital corporations, the web giants, are subject to the same regulations that the traditional Canadian broadcasters have almost always been subject to. Bill C‑10 is good for artists and good for the cultural community.

I sincerely wonder why my hon. colleague does not support and embrace this bill, like the majority of Canadian artists do.

Government Business No. 10—Broadcasting ActGovernment Orders

June 15th, 2021 / 12:25 a.m.
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Conservative

Nelly Shin Conservative Port Moody—Coquitlam, BC

Madam Speaker, I will be sharing my time with the member for Sherwood Park—Fort Saskatchewan.

I would like to present today's speech based on the perspective I bring from my previous profession as an artist.

Being a professional artist, whether a composer or writer, is an extremely difficult vocation to pursue, attain and sustain. There is a huge gap between those who have talent but have not been able to get their big break, and those who have found stardom. Secure gigs as staff writers or contracts to long-term projects are limited and competitive, and most artists pursue other careers to pay their bills.

As a composer, I have been around creative people most of my life. Artists are dreamers with a lot of discipline with their art and tireless hope to find their rainbow's end. They give their best performances whether for a three-member audience at an open mike or at an outdoor concert with hundreds of listeners. Artists do not tire of doing their best and following their dreams, because they are driven by the love of creating and the dream of sharing their work with a captive audience. For most artists, it is a labour of love.

A talented artist gets their big break when they are discovered by a large enough following that will help their career become sustainable. That is why songwriters want their music to eventually make its way to radio, television and film, and writers want their stories on TV and the big screen. However, anyone who has navigated the entertainment industry knows that there are gatekeepers who ensure media platforms give precedence to major players and minimal opportunity to the small players. They also base their content on market reach and capital.

At the end of the day, we call them the arts, but they are a business that uses the arts for capital. I am speaking neither for nor against this. There is room for commerce and art to contribute to economic prosperity together. What I am concerned about is the inequity of opportunity when industry gatekeepers determine the culture of a nation because of their mass reach. It is not a level playing field for artists who have a lot of talent and simply want to express themselves without having to succumb to the matrix for marketability that large corporations define.

Broadcasters and artists continue to have a symbiotic relationship, but not all artists are welcome to participate in this symbiotic relationship. Having CanCon regulation is a good thing to the extent that it safeguards Canadian content, but in practice CanCon is applied by corporations to Canadians who have already found their success to a large degree and who fit the marketability matrix. Fortunately, with or without CanCon, Canadians artists are still rising to the top and I am pleased by the diversity of content that broadcasters are tapping into today. There has been progress.

The digital world turned the entertainment industry upside down. It allowed independents to enter the arena without having to pass through gatekeepers. With fewer CD and DVD sales, big-name entertainment corporations and independents turned to download sales, but download sales were hurt by pirated content. With the shift to online streaming, the revenue source for creative content producers has become fluid with the prominence of Internet usage. Now Canadian broadcasters are also threatened by foreign players, as foreign content enters the Canadian digital market.

In response, the government may have thought to update the Broadcasting Act by increasing discoverability for artists and levelling the competition for broadcasters, and voila: here is Bill C-10. Originally, Bill C-10 was supposed to level the playing field by regulating large online streaming services, such as Disney+, Netflix and Amazon, to meet Canadian content requirements, just as for Canadian radio and television stations.

Through the Broadcasting Act, the CRTC is given power to issue broadcast licences to allow radio and TV stations to operate, and to regulate broadcasting while meeting conditions on the kinds of programming they can air and community standards. A portion of their programs, often 20% to 40%, is allotted to be Canadian content, and broadcasters can also be mandated to pay licence fees and contributions to the Canada media fund: a federal agency that subsidizes Canadian television and film.

The update that Bill C-10 proposes is a new category of web media called “online undertakings”, which would give the CRTC the same power to regulate the web that it has for traditional TV and radio stations without having to apply for licences. It seems simple and straightforward, but there is a glitch that could turn this seemingly benevolent piece of legislation into a Trojan horse.

Bill C-10 defines web media as “an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus”. This definition is so vague that it could include everything from Amazon Prime to anyone with a website or a podcast. Programs under the Broadcasting Act are defined to include images, audio or a combination, of which written text is not predominant. This would refer to podcasts, photos, videos and memes, but not the written content on news articles and posts. It could include everything from a multimillion dollar film produced for Netflix to a 15-second pet video on TikTok.

I was shocked to learn that, while Conservative heritage committee members proposed an amendment to Bill C-10 to set some safeguards to limit regulations to online undertakings with more than $50 million a year in revenue and 250,000 subscribers in Canada, which would apply only to large streaming services, the Liberals rejected it. That means that not only was the government aiming at big companies but also that broadcasting is now being used to control everyday Canadians.

Section 2.1 and section 4.1 were two exemptions in Bill C-10 for social media. Section 2.1 refers to users who upload onto social media platforms. Thus, the user would not be subject to conditions like Canadian content requirements or contributions to the Canada Media Fund, which the CRTC would impose.

That exemption remains on Bill C-10, but section 4.1 was taken out of the bill. It dealt with the programs that users upload on social media, indicating that the CRTC and the Broadcasting Act could not regulate programs that only consist of user-uploaded programs, but the Liberals removed that section in the bill.

In summary, section 2.1 regulates speakers, while section 4.1 regulates speech. With the deletion of 4.1, the CRTC can regulate the content uploaded on social media and also regulate the social media platforms that allow users to publish content, just as it regulates content licensed on regular traditional stations.

The Liberals keep telling Conservatives that 2.1 will safeguard users, but the absence of 4.1 removes a safeguard from content. Bill C-10 has expanded the powers of the CRTC and the Broadcasting Act to provide grounds for the CRTC to adopt regulations requiring social media sites such as YouTube to remove content it considers offensive and discoverability regulations that would make them alter the algorithms to determine which videos are seen, more or less. Violations for these regulations could be very high for the individual and the corporation. These are the details of concern. I take issue on the infringement of personal freedoms and freedom of expression of Canadians. Even the B.C. Library Trustees Association is saying it needs clause 4.1 back. These are librarians and libraries.

As I mentioned earlier in my speech, the gap between artists and their audience is discoverability, but if the discoverability is regulated through controlled algorithms, then it creates yet another barrier for artists. Why should the CRTC define what listeners should discover instead of allowing audiences to determine that for themselves? Why is the government trying to bring a barrier between artists and their audiences?

The minister keeps saying they want Canadians to tell their stories, but why is there a gap in the bill that would allow someone or an entity to determine which stories are to be discoverable? Artists have already faced an industry that was dominated by large companies to determine what was worthy of discovering and promoting through broadcasting giants, so why should the CRTC be given access to gatekeep discoverability?

The minister says he wants to protect the languages of minorities, but the minister should know that much of ethnic programming is created by underfunded, independent producers who never see any advertising money because it goes straight to the network. Where is the support these independent grassroots producers need? Again, the small players are left behind.

The minister says artists have said Conservatives are not supportive of them, but who is the minister speaking with? I do not think he has the numbers of small players on speed dial. Were they consulted for this bill? If any artist thinks that Conservatives are not supportive of artists, it is because the Liberals have created this wedge by refusing to reinstate 4.1. They are forcing Conservatives to bow for democracy, and we are the only ones who seem to be doing that. The Liberals have created a custody battle that I do not want to be a part of.

I want to support content, and I want to support our broadcasters, but why does it have to be a battle between choosing between them and democracy? We put forward a motion at committee calling for new charter statements to be provided, but the Liberals voted to shut it down.

I cannot help but wonder if the Liberals have an agenda for omitting 4.1. Artists who are still striving to find a rainbow are discriminated against and exploited. They face financial instability for following their hearts. Most will never get fully compensated for the investments they have made in their careers.

If the Liberals had simply fixed 4.1, I would not have my suspicions. The fact that they have not done something so simple with something that was originally there, makes me come to the conclusion that they are playing political games against Conservatives, at the expense of struggling artists.