Bill C-10

An Act respecting certain measures related to COVID-19

This enactment authorizes the Minister of Health to make payments of up to $2.5 billion out of the Consolidated Revenue Fund in relation to coronavirus disease 2019 (COVID-19) tests.
It also authorizes that Minister to transfer COVID-19 tests and instruments used in relation to those tests to the provinces and territories and to bodies and persons in Canada.

Judges Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, to put this on the record, I believe the member was referring to Bill C-10.

Virtually from the beginning, the Conservatives were all about trickery and the types of things they could do to play that destructive role. Nothing has changed. I am hoping that we will get a glimmer of hope this evening from some individuals saying that this is legislation they could support, that they do not have to continue to delay it and that they could respect what has taken place and look at it.

At the very least, the Conservatives could take into consideration what we did as a Liberal Party when the Conservatives proposed something with Rona Ambrose. There, we had unanimous consent; it was passed through.

I am suggesting that, out of respect for the process and so forth, this does not have to be one of the bills that the Conservatives are playing games on.

Sitting Resumed

[Claude DeBellefeuille, Bloc, Salaberry—Suroît, QC]

Madam Speaker, I am pleased to rise and speak this evening—although I must say the hour is late, almost 9 p.m.—to join the debate on Bill C‑47.

Before I start, I would like to take a few minutes to voice my heartfelt support for residents of the north shore and Abitibi who have been fighting severe forest fires for several days now. This is a disastrous situation.

I know that the member for Manicouagan and the member for Abitibi—Baie-James—Nunavik—Eeyou are on site. They are there for their constituents and represent them well. They have been visiting emergency shelters and showing their solidarity by being actively involved with their constituents and the authorities. The teamwork has been outstanding. Our hearts go out to the people of the north shore and Abitibi.

Tonight, my colleague from Abitibi-Témiscamingue will rise to speak during the emergency debate on forest fires. He will then travel back home to be with his constituents as well, so he can offer them his full support and be there for them in these difficult times.

Of course, I also offer my condolences to the family grieving the loss of loved ones who drowned during a fishing accident in Portneuf‑sur‑Mer. This is yet another tragedy for north shore residents. My heart goes out to the family, the children's parents and those who perished.

Before talking specifically about Bill C-47, I would like to say how impressive the House's work record is. A small headline in the newspapers caught my eye last week. It said that the opposition was toxic and that nothing was getting done in the House. I found that amusing, because I was thinking that we have been working very hard and many government bills have been passed. I think it is worth listing them very quickly to demonstrate that, when it comes right down to it, if parliamentarians work together and respect all the legislative stages, they succeed in getting important bills passed.

I am only going to mention the government's bills. Since the 44th Parliament began, the two Houses have passed bills C‑2, C‑3, C‑4, C‑5, C‑6, C‑8 and C‑10, as well as Bill C‑11, the online streaming bill. My colleague from Drummond's work on this bill earned the government's praise. We worked hard to pass this bill, which is so important to Quebec and to our broadcasting artists and technicians.

We also passed bills C‑12, C‑14, C‑15, C‑16, C‑19, C‑24, C‑25, C‑28, C‑30, C‑31, C‑32, C‑36 and C‑39, which is the important act on medical assistance in dying, and bills C‑43, C‑44 and C‑46.

We are currently awaiting royal assent for Bill C‑9. Bill C‑22 will soon return to the House as well. This is an important bill on the disability benefit.

We are also examining Bill C‑13, currently in the Senate and soon expected to return to the House. Bill C‑18, on which my colleague from Drummond worked exceedingly hard, is also in the Senate. Lastly, I would mention bills C‑21, C‑29 and C‑45.

I do not know whether my colleagues agree with me, but I think that Parliament has been busy and that the government has gotten many of its bills passed by the House of Commons. Before the Liberals say that the opposition is toxic, they should remember that many of those bills were passed by the majority of members in the House.

I wanted to point that out because I was rather insulted to be told that my behaviour, as a member of the opposition, was toxic and was preventing the work of the House from moving forward. In my opinion, that is completely false. We have the government's record when it comes to getting its bills passed. The government is doing quite well in that regard.

We have now come to Bill C-47. We began this huge debate on the budget implementation bill this morning and will continue to debate it until Wednesday. It is a very large, very long bill that sets out a lot of budgetary measures that will be implemented after the bill is passed.

I have no doubt that, by the end of the sitting on June 23, the House will pass Bill C‑47 in time for the summer break.

What could this bill have included that is not in there? For three years, the Bloc Québécois and several other members in the House have been saying that there is nothing for seniors. I was saying earlier to my assistant that, in my riding of Salaberry—Suroît, we speak at every meeting about the decline in seniors' purchasing power. I am constantly being approached by seniors who tell me—

Criminal Code

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, it was December 6, 1989, at École Polytechnique de Montréal, January 29, 2017, at the Quebec City mosque and so many other dates. Those dates need to resonate with my colleagues when they consider voting on this bill.

The Bloc Québécois will vote in favour of Bill C-21. We can say without hesitation that the Bloc Québécois's contribution is undoubtedly why this bill is finally acceptable. I would like to note the exceptional work of my colleague from Avignon—La Mitis—Matane—Matapédia, without whom this bill would certainly not have progressed in the same way.

That said, it is far from perfect, as it was initially botched by the government. We can see that, as with Bill C-10, Bill C-11 and so many other bills, the Liberal signature is to introduce flawed bills and be able to brag about having done this and that. In reality, it is others who improve them and deal with the problems and shortcomings of each bill that the government proposes. Bill C‑21 is a flagrant example.

The bill was tabled in May 2020. It was essentially a freeze on handgun acquisitions and a grandfather clause. In that respect, the government did in effect prohibit most models of assault rifles with its order in council on May 1, 2020, which was issued quickly, a short time after the killings in Portapique, Nova Scotia, but several models were not covered, while new models continue to enter the market. Also, the prohibition on May 1, 2020, did not cover all “modern” assault weapons, thus allowing weapons like the very popular SKS, which is frequently used in mass shootings in Canada, to remain legal.

In the briefing to members and political staffers, officials also confirmed that the government planned to amend the bill to add other measures, which was unheard of for a newly tabled bill. There was no rhyme or reason.

In other words, the bill was not at all ready and the government only tabled it to ride the wave of support for gun control following the latest unfortunate shooting. That is called opportunism. I would even add a real lack of desire to be truly effective. In short, the government was not necessarily able to bring forward a fair and reasoned bill, but action was required because it was the right time and looked good. The results are there.

In fall 2022, the government tabled a package of amendments to its own bill. More than 400 pages of amendments were submitted to the Standing Committee on Public Safety and National Security, although the studies were already completed. These amendments included new measures to combat ghost weapons, but also a definition of a prohibited assault weapon and a list of more than 300 pages of prohibited weapons.

Here is another demonstration of what the Liberal government has made us accustomed to: anything. These amendments were tabled without explanation, without briefing and without a press scrum. Even Liberal members of the Committee seemed unable to explain these amendments. The various positions of the advocacy groups have become entangled—that is normal, of course—in a mish-mash of various readings and interpretations, most of which were justified or unjustified, since we were in a sort of grey area.

By drawing up this list, the government created a host of ambiguities and possibilities for circumvention, and, at the same time, penalized hunters and airsoft sport shooters. This does not include the weapons market already trying to circumvent the list. The concerns kept growing.

Hunters' fears are a good example. The Bloc Québécois listened to hunters. We therefore proposed reopening the study so that experts could be brought in to testify on the matter of assault weapons. The Bloc Québécois opposed the list in the Criminal Code because it made it needlessly long. The Criminal Code is not a real-time reflection of models of weapons and their classification.

It is my colleague from Avignon—La Métis—Matane—Matapédia who was a guiding light and kept the reason for logic throughout the process. Through pressure from all over, her team's research and her consultations with scientists and advocacy groups, she and the Bloc Québécois research team made a big difference in the study process of this bill.

It makes me very proud, today, to take the floor and re-tell the entire story. The government then tabled a gag order to quickly conclude the study of Bill C-21.

However, the government itself is responsible for the slow progress of Bill C-21. It preferred to bring forward an incomplete bill quickly after the killings rather than take a few more months to table a complete bill.

Despite these shortcomings, the Bloc Québécois will vote in favour of Bill C‑21. Initially, the bill was criticized by hunters, pro-firearms control groups and air gun enthusiasts. Thanks to the Bloc Québécois, it was improved and satisfied most of the groups. Again, the Bloc was proactive and made such fair proposals that they could not be refused.

The government has acted softly for years, leading to gun violence everywhere, particularly in Montreal. Prohibited weapons are circulating illegally. Bill C‑21 is a poultice on a wooden leg, as my father would say. It is not nothing, but it is little, and the time wasted with the parliamentary exercise of cobbling together a badly designed bill does not save time. However, time is running out.

It was a mistake to try to create a bill full of shortcomings, that practically put hunters, sports enthusiasts and killers in the same boat. What a lack of will and respect for the afflicted, the victims, and for the innocent. In fact, the ultimate urgency was to table a bill developed by experts and scientists and improved by consultations with associations and as many representations as needed. The government is proposing quite the contrary, and that is unfortunate.

As usual, the Bloc is being valiant. We have done the work by bypassing and adapting the limitations and mistakes of the government. The next step is urgent. Weapons are flowing into Canada. What will the names of the next victims be? Who will lose a mother, a father, a daughter or a neighbour? What does the Liberal government plan to do to prevent illegal weapons from crossing the border?

I hope it will learn from its mistakes. Above all, I hope that the next steps in the fight against crime will be firm and frank gestures, based on clear legislation and taking into account the realities and needs of organizations that oversee, that work and that intervene in the area of public safety.

Online Streaming Act

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

Mr. Speaker, as always, it is an honour to be able to rise in this place to talk about the issues that are so important to the people whom I represent in Battle River—Crowfoot across east-central Alberta, and also to ensure that the voices of Canadians are heard within this place. Certainly, when it comes to the amount of correspondence and calls I receive, or the people who come up to me in the grocery store or on the street, or who walk into my office on the main street in Camrose, or when I chat with them across the many communities I represent in Battle River—Crowfoot, time and time again I hear from constituents who share their concern and who share their dismay at the fact that the Liberals and the Prime Minister would perpetuate a type of censorship that would limit the ability of Canadians to express themselves online.

It is unbelievable that in the 21st century this would happen in Canada, yet we are seeing it now, not only through Bill C-11, but we saw it through the previous Parliament's Bill C-10. Liberals seem to stop at nothing to control what Canadians believe and think, control everything to do with their lives. My submission to this place today, on behalf of so many constituents, is to plead with the government to reconsider.

As we discuss specifically the bill, which has been studied thoroughly, what I find interesting, now that it is back before this place, with the government's response to a thorough debate that took place in the Senate, is that we see so clearly that there is no consensus on the path forward for the bill, which is very contrary.

In fact, I would like to call out a very significant falsehood that is often perpetuated by members of the government. They somehow suggest, and in fact in question period earlier today they said it very clearly, that every Canadian supports the bill and that nobody is opposed to it. They asked the Conservatives what we are doing and said that we stand alone. I will definitively answer that question and say categorically that it is a falsehood, because of what we have heard throughout the course of this study. I know for a fact that there are some Canadians who live in constituencies represented by Liberals and by New Democrats who have reached out to me and other colleagues and have said unequivocally that they do not support Bill C-11.

I want to call out that falsehood in this place today, because government ministers, parliamentary secretaries and other talking heads of the government stand and say it is only the Conservatives who are somehow opposed to this great idea called “Bill C-11”. They forget to talk about the substance of it; rather, they would simply make the case that everybody is on their side and that nobody opposes them. That is categorically false, and I am going to call out that falsehood here today, as my constituents expect me to.

We face a unique circumstance. We are facing not only a censorship bill that is before this place, in the form of Bill C-11, but we are facing the limiting of debate. Can members believe it? We see that not only does the government want to control the online feeds of Canadians, but it is truly stooping to a new level by limiting the debate in the people's House of Commons.

Can members believe it? The Liberals, with their coalition partners in the NDP, would do everything they can to silence opposition voices and to silence the voices of so many Canadians. It is not just Canadians we have heard from on this matter. It is not just regular folks who are living their daily lives, but we have seen that there is certainly no consensus across the artistic community in Canada. In fact, we have heard from many of Canada's most talented individuals, those in the more traditional spaces like art and writing, as well as television stars and that sort of thing, but we have also seen, incredibly, the rising digital creator class speak so clearly in opposition to the bill.

In fact, I remember the previous iteration, Bill C-10. It can get a little confusing for those watching, and I am sure there are many watching this egregious attempt by the Liberals to censor not only members of Parliament, but all Canadians. The previous iteration of the bill in the last Parliament was called Bill C-10, and I remember chatting with the president of a digital film festival. I can assure members that this person was not a natural Conservative.

This was not somebody who would be predisposed to vote for the Conservative Party of Canada, but the plea from this pioneer in the creation of digital content was to say to stop it, stop the Liberals from being able to control our feeds and stop the Liberals from being able to introduce a massive government bureaucracy that would endeavour to control what we see online. I am proud to stand in this place with my Conservative colleagues as the only party that stands for freedom and democracy and against censorship.

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

Madam Speaker, much of the work was also done during the study of the old Bill C‑10, so we need to look not only at the study of Bill C‑11, but at all the debates on the Broadcasting Act.

People in the cultural community, especially those in Quebec, told us there was an urgent need to act and warned against missing this opportunity. That is why it was so important for us to press the government to move forward and pass this bill. Too much time has been wasted already.

Motion That Debate Be Not Further Adjourned

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

Madam Speaker, this afternoon the minister is trying to defend the indefensible from coast to coast. Bill C-11 is a disaster, as was Bill C-10, and it is being shut down once again. We had 20 written submissions handed to us last Wednesday at committee from people who wanted to come to committee. The member talks about LGBTQ and indigenous issues. We have not heard from APTN, which was one of the guests the NDP wanted to bring to the committee. It has yet to come to talk to us.

This is a disaster waiting to happen. Why do the Liberals want to shut the bill down in the House of Commons, do nothing over the summer and hand it over to the Senate? We have time to bring other issues forward. Proposed subsection 4.1(2) has always been an issue. It was an issue a year ago when we debated Bill C-10 in the House, which they rammed through and then called the unnecessary election. This is the same situation we are seeing today with Bill C-11.

Government Business No. 16—Proceedings on Bill C-11

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, it is shameful abuse.

We as parliamentarians owe it to our constituents, our stakeholders and Canadians from coast to coast to do our due diligence, evaluate amendments, debate amendments and ensure the amendments being proposed achieve what is in the best interests of Canadian creators, Canadian viewers and Canadian consumers.

Could members do that, with dozens of amendments and dozens of clauses, in two hours and 59 minutes? It is not acceptable. It is unreasonable, and it is not possible.

I will tell us what could happen. What could happen is the same thing that happened with Bill C-10, where the Liberals tried to force through amendments that do not improve the bill but in fact worsened the bill. That is what happened with Bill C-10. The Liberals, out of the blue, moved an amendment that took away the exception for user-generated content.

As an aside, we see in this bill, and I will talk about it a little later, an exception to the exception for user-generated content, so the Liberals have clearly not quite learned their lesson when it comes to user-generated content and the importance of protecting it.

Here is another issue: We have the unique situation where there are members of the House who are not represented at committee. I am speaking about independent members, members from unaffiliated parties, such as members from the Green Party, who do not have the opportunity, or I would say the privilege, to sit on committees.

In traditional times, those members are able to come to committee, any committee reviewing pieces of legislation, and submit amendments and move those amendments during the clause by clause.

This programming motion, this guillotine motion on steroids, in subparagrah (iv) says, “suggested amendments filed by independent members pursuant to subparagraph (a)(ii) shall be deemed to have been proposed during the clause-by-clause consideration of the bill”.

It says “deemed to have been proposed”. The member for Kitchener Centre and the member for Saanich—Gulf Islands will not even have the opportunity to appear before committee and move their amendments to this piece of legislation, which is the largest update to the Broadcasting Act in over three decades.

This is like a bad novel. It keeps getting worse and worse. Obviously, it is a bad novel written in a foreign country because Canadians only produce great novels, but this is a bad novel because it keeps getting worse as we go. Subparagraph (v) states:

if the committee has not completed its clause-by-clause consideration of the bill by 9:00 p.m. on June 14, 2022, all remaining amendments submitted to the committee shall be deemed moved, and the Chair shall put the question, forthwith and successively without further debate, on all remaining clauses and amendments submitted to the committee, as well as each and every question necessary to dispose of the clause-by-clause consideration of the bill

That means no debate. Not just limited debate, but not a word of debate on a clause-by-clause or amendments at clause-by-clause. Our job, as parliamentarians and as elected officials, is to debate legislation. It is to debate legislation on behalf of our constituents and on behalf of Canadians.

Under this motion, Motion No. 16, each and every question necessary will be put without debate. It means that we cannot even suggest minor amendments to proposals. We cannot suggest to the Chair that perhaps an amendment may be out of order based on various reasons, including the parent act rule. That would not be possible because this proposal does not provide for it.

This proposal states that there shall be no debate, no debate on the largest update to the Broadcasting Act since 1991. No debate on a piece of legislation that could affect each and every Canadian who listens to music online, watches videos online or creates content that is posted online. There will be no debate on clause-by-clause or amendments after 9:00 p.m. on Tuesday, June 14, 2022.

[Anthony Housefather, Liberal, Mount Royal, QC]

Mr. Speaker, I am glad that the hon. member is going to let me speak to the question of witnesses.

Originally, three of the four parties at the committee thought that a certain number of hours would be sufficient to hear from witnesses. The Conservative members then proposed 20 hours, which was more than the other parties thought needed to be given to witnesses, given that many of these witnesses had already been there for Bill C-10. However, the rest of the members of the committee agreed to accede to the request from the Conservatives and provide 20 hours to hear from witnesses. At that point, the members from the other parties felt that we had heard from a sufficient number of witnesses and the Conservative members disagreed. The majority of the committee believed we had heard from a sufficient number of witnesses. As a result, instead of just coming to a vote and deciding by majority whether we had heard from a sufficient number of witnesses, there was a filibuster of each and every motion to try to move to clause-by-clause on the vote.

If the hon. member had been there at the first meeting, he would know that was actually the history of the committee.

[Anthony Housefather, Liberal, Mount Royal, QC]

Mr. Speaker, first, let me correct the hon. member: This bill has nothing to do with censorship. Freedom of speech is protected in this country under section 2, and it is very clear that freedom of speech is protected under this bill.

Second, this bill would not be necessary except for the fact that members of the hon. member's party have continued to filibuster the committee, preventing us from ever getting to a vote on any of the many motions, amendments and subamendments the Conservatives are making. In meeting after meeting, and now I have seen it on Bill C-10 and Bill C-11, their end goal is for the committee not to be able to get to clause-by-clause. I think this frustration is shared not only by the Liberal members of the committee, but also by the NDP and Bloc members of the committee.

In the end, we are doing something that is asking the House to instruct the committee to do its job and get to clause-by-clause, so it is actually very democratic and parliamentary.

[Kelly McCauley, Conservative, Edmonton West, AB]

Thanks, everyone, for sticking around.

Would you be able to provide us a breakdown—I've asked previously about this—for the money in Bill C-8, Bill C-10 and the supplementary estimates (C)s for the duplicated funding request for the rapid tests? Just provide it for the committee. I don't need it right now.

In the supplementaries, there's $823 million for Public Safety and Emergency Preparedness. In the supplementary (A)s it mentions it's for disasters, etc., over the last 10 years. I'm curious why it's in the supplementary (A)s now for items going back 10 years? What would it be addressing?

Bill C-19—Time Allocation Motion

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I find it mind-boggling and ironic that the minister talks about Conservatives bringing in U.S. problems, when the current government's whole modus operandi is to import U.S. culture wars.

I want to give an example of why it is so important that we continue debate. We heard the exact same response from the government over Bill C-8, Bill C-10 and the supplementary estimates (C), where there was $4 billion in Bill C-8 and Bill C-10 for rapid testing, and then a duplicate $4 billion in the supplementary estimates (C) for rapid testing.

We just found out today that the government is sitting on hundreds and hundreds, if not billions, of rapid tests unused, warehoused. This is the reason we need debate on this and other issues, so we do not have a repeat of this incompetence where the government is spending billions of dollars for items that are not even used.

Would the minister perhaps comment on why he wishes to stop any oversight of taxpayer spending and the government's incompetence?

[Martin Champoux, Bloc, Drummond, QC]

Thank you, Madam Chair.

I also want to thank the witnesses for joining us today.

I will start with you, Ms. Messier. I know you have been carefully following our discussions on Bill C‑11, and even on Bill C‑10, since the beginning. This is an issue that is important to you. I would like to hear your thoughts on the situation.

[Karine Moses, Vice-Chair Québec and Senior Vice-President, Content Development & News, BCE Inc.]

Madam Chair and honourable committee members, thank you for hearing from us today.

Bell is Canada's largest broadcaster. We operate a variety of broadcasting services across Canada in English and in French.

We support Bill C‑11 and urge its swift passage into law. It is long overdue. The bill begins to level the playing field between us and our foreign competitors, and that is important to the Canadian broadcasting system.

That said, the bill can and must be improved. Bluntly put, it does not properly recognize the central role Canadian broadcasters should have in our own broadcasting system. After all, it is the Broadcasting Act. The discussions to date—including those that occurred as part of Bill C‑10—have dealt with important issues, but have also almost completely ignored what domestic broadcasters require to succeed.

As it stands, Bill C‑11 does not explicitly incentivize foreign content providers to work in partnership with Canadian broadcasters.

This needs to change. Let me explain why.

Historically, Canadian broadcasters have succeeded by running hugely popular U.S. shows that appeal to Canadian audiences and attract significant advertising and subscription revenues. In turn, these revenues are used to fund the creation, production and showcasing of Canadian content.

At Bell Canada alone, we spend $1 billion annually on Canadian productions, both our own and with independent producers. Part of this spend is for local, national and international news that provides uniquely Canadian perspectives on events here and around the world.

Let me be clear. Everything we are able to achieve as Canadian broadcasters is directly related to the profits we make by accessing foreign content. Without it, we simply don't have a business. We have achieved that access through a regulatory regime that enables it.

Go ahead, Jonathan.

[Hélène Messier, President and Chief Executive Officer, Association québécoise de la production médiatique]

Thank you, Madam Chair.

Thank you for having me today.

I am Hélène Messier, president and chief executive officer of the Association québécoise de la production médiatique, AQPM.

The AQPM advises, represents and supports more than 160 independent Quebec film, television and web production companies. Members of the AQPM also produce content for online platforms, such as documentaries or web series. Therefore, many of them are also creators of original digital content.

On February 1, 2021, I appeared before the Standing Committee on Canadian Heritage to talk about the importance and urgency of passing Bill C‑10. One year later, I am reiterating the same message concerning Bill C‑11.

How do things stand one year later? Canadian domestic production and Quebec production are both declining. Less and less Canadian content is being produced in Canada. In fact, 58% of spending in the Canadian audiovisual sector now comes from companies that are headquartered outside Canada.

Independent production companies now account for 31% of the production volume—that figure was 35% last year—and broadcaster in‑house productions, which are essentially news, public affairs or sports programs, account for 11%.

Some will say it's great that Canada is a land of welcome for foreign businesses, but that leads to a loss of intellectual property for Canadian businesses and job losses for Canadian creators and actors.

Giving up our ability to create, produce, showcase and broadcast our cultural content to benefit foreign interests is like accepting foreign companies exploiting 58% of our agricultural land, according to their own standards, and controlling the marketing of grains, fruits and vegetables, while selling them back to us at a profit. On top of that, we would be thanking them for the jobs they have created. That is what Bill C‑11 remedies by giving the CRTC the tools it needs to support all actors that decide to do business in Canada.

Online broadcasting services occupy a space that is constantly growing in the broadcasting ecosystem. In Quebec, 70% of francophone adults subscribe to at least one on‑demand video service, with Netflix being at the top of the list. In the francophone market, individuals in the 18 to 34 age group consume on‑demand online content more than they do traditional television. In the 18 to 24 age group, people watch YouTube nearly eight hours a week, while TikTok is now one of the most used platforms by the youngest people and has grown by 55% over the past year. The TikTok platform even became an official partner of the Cannes Film Festival this year and created for the event a competition of short films under three minutes in which both experienced and emerging filmmakers participated. This situation was unimaginable only a year ago.

The use of social media to broadcast original and professional audiovisual content to reach audiences that are forsaking traditional media is a phenomenon that will keep growing. So it is essential that Bill C‑11 enable CRTC to include in its area of jurisdiction both subscription-based streaming companies, such as Netflix and illico, and social media companies, such as YouTube, Facebook and TikTok.

It is also important for companies that provide Internet and mobile telephone services to be included in the bill, so that the CRTC may potentially determine how they could contribute to the creation and presentation of Canadian content. Those companies are currently completely excluded from the application of the act. Yet they play an important role in the ecosystem, not only by enabling content broadcasting and distribution, but also by providing privileged access to certain broadcasting platforms. For instance, Telus users get free access to ICI TOU.TV Extra; Vidéotron users have the same privilege, for three months, for Vrai and Club illico; and Bell Media and Rogers offer similar packages for Crave or Disney+.

The AQPM is also proposing certain amendments for the audiovisual industry, which are the result of a collaborative effort with the Coalition for the Diversity of Cultural Expressions or with the Canadian Media Producers Association and the Alliance des producteurs francophones du Canada. I may tell you about this later. Otherwise, I will send you those amendments.

Thank you very much.

[Jérôme Payette, Executive Director, Professional Music Publishers' Association]

Good morning, everyone.

Madam Chair, thank you for inviting me to appear before the committee.

I am very pleased to represent the francophone music sector, which at times is overlooked in discussions concerning the Broadcasting Act.

The Association des professionnels de l'édition musicale, or APEM, represents the Quebec and francophone music publishers of Canada. Music publishers, partnering with author-composers, support the creation of musical works and promote and administer them. Music is published wherever there are music, online and concert music services and audiovisual productions.

The music sector needs the continuity that the Canadian broadcasting system affords.

There is much talk of the potential negative effects of the bill and the potentially twisted way in which the Canadian Radio-television and Telecommunications Commission, the CRTC, may interpret it. The CRTC currently has more power than what it would be granted under Bill C‑11, and the work it has done over the past 50 years hasn't troubled a single citizen. CRTC regulations are of critical importance to the francophone music sector.

I will therefore begin by discussing the very real effects of the lack of a regulatory framework that applies to online undertakings. It's quite simple: the further the online transition progresses, the more the Canadian music sector shrinks and strains to reach its audience.

The revenues that the Society of Composers, Authors and Music Publishers of Canada, or SOCAN, has paid to Quebec music publishers have fallen by 24% since 2016. Revenues from conventional sources such as radio and television are declining, and we have been unable to obtain a substantial share of revenues from online undertaking, which are growing.

According to SOCAN, the royalties distributed to Canadian authors and composers from digital distributors are 69% lower than those from traditional broadcasters. Only 10% of royalties from digital media are distributed to SOCAN members compared to 34% for conventional media.

Growth in the online music sector mainly benefits the platforms and a very limited number of international artists. It has not helped local music or niche music artists, minority artists or those who speak languages other than English.

Quebec music struggles to reach its audience online. According to statistics obtained by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo, or ADISQ, our market share in Quebec is only 8% for online music services compared to 50% for record sales. Our francophone music is in even greater trouble as it represents only 6% of total streams. The situation is dire.

In the music business, if no one listens, you don't get paid. If your music doesn't reach an audience, that has a spillover effect that affects concert ticket sales, the uptake of songs by performers, the incorporation of music in audiovisual productions and the entire value chain. Apart from financial aspects, this concerns our culture. Our cultural sovereignty is in question.

Online undertaking have no financial interest in promoting, recommending or supporting a diversity of cultural expression. For them, cultural standardization is less complex and more profitable.

This is nothing new. We have been protecting our diversity of cultural expression with statutes and regulations for decades, and we must continue to do the same. The CRTC's regulation operates in the traditional environment, and it is high time it was adapted to the digital environment.

Bill C‑11 is a good piece of legislation and should be promptly adopted.

The web giants and opponents of the Broadcasting Act are exercising enormous pressure to create flaws in the bill. We must not yield to the platforms' lobbyists, who use misinformation and try to mislead.

The portions of Bill C‑11 concerning social media broadcasting activities should not be amended further. As you know, the text of Bill C‑10 was adopted by the House of Commons, but contained no social media exception in clause 4. The criticisms were heard and Bill C‑11 featured the return of that exception, but in a way that remains acceptable to us.

Any further change to the text of clause 4 could create a loophole for social media that will be felt by all broadcasting undertakings. It must be understood that TikTok competes with YouTube, which competes with Spotify, which competes with radio. The act must apply fairly to all undertakings or else it may be obsolete as soon as it is passed.

Some say the text lacks clarity, but the bill's opponents are focusing their attention on a single pixel to distract us from the big picture. The text of the bill is not limited to clause 4. The Broadcasting Act sets forth clear objectives and provides many guardrails. Any attempt to revise too many elements in the bill would stiffen the Canadian broadcasting system and rob it of the flexibility it needs to adapt to the rapid changes in our sector. The CRTC must be given the means to exercise adequate regulation over the web giants' broadcasting activities.

However, we are in favour of moderate amendments to Bill C‑11. We support the amendments proposed by the Coalition for the Diversity of Cultural Expressions, particularly so that the use of Canadian talent is equivalent for Canadian and foreign undertakings solely under paragraph 3(1)(f) and so that the CRTC's orders are subject to appeal to the Governor in Council.

We are also in favour of a public hearings process for the making of orders so that the CRTC is required to demonstrate that Canadian broadcasting policy objectives have been achieved. The maximum amount of potential penalties must be increased in the administration of administrative monetary sanctions in the event the act is contravened. It would also be desirable that the CRTC demonstrate transparency as a general rule.

Bill C‑11 should be quickly passed. The process has been dragging a very long time.

I will be pleased to answer your questions.

Thank you.