Madam Speaker, as my party's critic for culture and communications I am pleased to have the opportunity to speak to the contents of Bill C-55, an act representing advertising services supplied by foreign periodical publishers.
I was not able to be in the House to speak on this bill on first reading last Thursday but our member for Winnipeg—Transcona with his usual eloquence and clarity spoke to the bill so I will, in my own fashion, try to add to that.
To refresh members on the contents, Bill C-55 will make it an offence for a publisher to provide advertising services aimed at the Canadian market to be placed in foreign periodic publications except for those currently receiving Canadian advertising.
The offence is enforceable by a Canadian court after an investigation ordered by the Minister of Canadian Heritage using powers of investigation borrowed from the Criminal Code. The penalties range anywhere from $20,000 to $250,000 for a corporate offender on indictment.
The offences that take place outside of Canada by foreign individuals or corporations are deemed to have taken place in Canada for the purposes of endorsement of the act.
What we have here in effect and without doubt with Bill C-55 is an eleventh hour effort to protect the Canadian magazine industry from being truly swamped and I would say possibly sunk by the thousands of shiny, glossy, glitzy, sexy American magazines which we all see row by row, bicep by bicep, cleavage by cleavage in our airport bookstores and in the chains of American bookstores we now have all over our country.
It is not that I do not like American magazines. I like them a great deal and I have a tremendous admiration for American writers, the political commentators, the satirists, the sports writers, the poets and the playwrights. I like a whole lot about the United States and its talent and its spirit. But it is the volume and the velocity of the American product and the unrelenting manner with which it floods the Canadian shores which concerns me. It obviously concerns the Minister of Canadian Heritage as well or she would not be putting forward Bill C-55.
It is not the first effort and I doubt it will be the last effort to protect the Canadian magazine industry from the American tidal wave of publications. Nor is it the last effort probably to keep Canadian advertising dollars in Canadian publications.
In 1976 passage in parliament of Bill C-58, a statute which disallowed tax deductions by Canadian companies for their advertising expenditures in foreign periodicals and broadcasting outlets, obviously enhanced the attractiveness of advertising in Canadian media.
In 1982 postal subsidies instituted for Canadian magazines helped to stabilize Canadian periodical competitive position vis-a-vis American magazines whose overrun copies were simply dumped in the Canadian market.
In 1982 the Canadian Periodical Publishers Association termed the postal subsidy not only the oldest but in some ways the most effective of all the many kinds of cultural assistance created by the taxpayers of Canada. Postal subsidies were considered a true grant in the public interest.
Now it is 1998 and a lot of water has gone under the bridge. Now we have Bill C-55 and it is a direct result of a GATT panel overturning the Canadian policy on split run magazines, magazines which contain mostly American content but run in separate editions for Canada containing Canadian ads. Sports Illustrated , Readers' Digest and Time magazine are the best known examples.
Eighteen months ago a Canadian conference for the arts report on this ruling on the GATT case said: “World trade organization decision on magazines advances the cultural sovereignty doomsday clock”. What an ominous concept. The CCA strongly recommended immediate action in a number of areas and it is still very relevant to today and I am going to quote some. Number one is, not surprisingly, fix the magazine industry policy.
Second, Canada must aggressively promote and secure an effective and durable cultural exemption in all existing and proposed international agreements. Third, develop a systematic understanding of the constraints and challenges in cultural sovereignty posed by existing trade agreements.
It is clear that the federal government understands the impact of international trade agreements on culture as poorly as the rest of us. Who can forget the assurances that the former minister of Canadian heritage, the Hon. Michael Dupuy, gave to the Senate that officials in his and other departments assured him that C-103, the split-run legislation, was fully consistent with our international trade obligations. This has proven to be far from the truth.
The nature of the case made by the international trade officials at the WTO appears to provide abundant evidence that the situation has not improved. The government must move with dispatch to ensure that we have a clear and solid appreciation of the constraints and opportunities presented in the full network of international trade agreements and their impact on cultural sovereignty. We must develop a solid base of knowledge and talent in foreign affairs and international trade as well as within all government departments active in this area and the cultural sector itself.
Those were some comments from the CCA bulletin, the Canadian Conference of the Arts bulletin, of July 1997.
Eighteen months later I look at those cautionary remarks and I would say that we still have not gained the kind of understanding and self-knowledge that we need to pull this critical cultural issue out of the fire.
Instead, with Bill C-55 we see the failure of the Liberals to adequately protect the Canadian magazine industry under international trade agreements or admit, more to the point, where the problem lies.
Since the panel has proclaimed that Canadian policy cannot discriminate against foreign-owned goods, such as the product on paper of split-run magazines, the government will now try it under the definition of services such as the placing of advertising.
Will it work? Will it save the Canadian magazine industry? I am afraid this bill will likely be challenged as well, possibly under the NAFTA or under the FTA. I might add that it would definitely have been disallowed under the MAI which the Canadian government fought to keep alive until the end, which came last week.
With Bill C-55 we see the disappearance of the postal subsidies for Canadian magazines which were described in 1982 as a true grant in the public interest. As a result of the changes required by the WTO, Canada Post will eliminate the international publication rate which was higher than the domestic rate.
Foreign publishers will therefore benefit from reduced postal rates. There will be an estimated $18 million reduction in mailing costs.
The last section of the bill, section 24, the grandfather clause, is a legal surrender to American magazines which have already broken into the Canadian market. The NDP will closely examine that exemption in committee with a view to opening up new opportunities for Canadian publications.
In effect, this bill entrenches the status quo. There is nothing in the bill to promote Canadian content, to encourage more community periodicals or to bring forward new Canadian or regional voices. But it is an effort by the government and any effort cannot be spurned.
However, I would like to reiterate the central point made by my colleague from Winnipeg—Transcona that this is an effort to please, to kowtow to trade agreements and not, first and foremost, to protect and nurture our culture.
I would also like to reiterate his point that government members are not critical enough of the agreements in which they find themselves. I am talking particularly about the WTO.
There is a fundamental contradiction between the ideology, the world view embodied in the WTO, and the whole notion of protection of culture.
There is the fundamental contradiction between culture and free trade as it is understood by the WTO and the NAFTA. The fact is that our previous policy has been tested against the ideology and the world view of the WTO and has been shot down.
It is important for our government and our Minister of Canadian Heritage to admit to the fact that there are fundamental problems with these trade agreements. It is important that they recognize that their hands are tied by the rules of trade agreements which they were deeply involved in formulating.
The Liberals are in a box right now. The country and our culture is now in a box which is of our own government's making.
Now we have Bill C-55, a quick fix which will likely be challenged as well by the trade agreements which the Liberals and Tories before them were intricately involved in formulating.
The government is trying to provide a quick fix for a much larger problem which it had a hand in creating, the sacrificing of culture at trade negotiation tables.
Bill C-55, inadequate as it is, does represent a small effort on behalf of the government to protect our magazine industry, an industry that supports thousands of cultural workers, writers, publishers, copy editors, photographers and many others.
It is an industry that continues to go a long way, despite the onslaught of American magazines, to tell Canadian stories to Canadian people.
In conclusion, the NDP will support the principles of the bill and we will be voting in favour of it at second reading.