Madam Speaker, Bill S-7, which I am speaking to today, aims to amend the Broadcasting Act to enable the Canadian Radio-television and Telecommunications Commission to make regulations establishing criteria to determine how the CRTC may authorize the reimbursement of the costs incurred by a party appearing before it.
According to the CRTC, an official designated by the commission would examine the costs and determine their eligibility. The parties covered by Bill S-7 are primarily members of the public and consumer groups. At the moment, the CRTC is empowered to compensate individuals appearing before it regarding any matter under the Telecommunications Act, but it cannot intervene in the same way for matters arising under the Broadcasting Act.
If passed, this bill, introduced by my colleague Sheila Finestone, the former member for Mount Royal, and I recognize the member who has replaced her, now a senator and for whom I have considerable esteem, would harmonize these two laws and broaden the capacity of consumers or consumer groups to better assert their rights in the matter of broadcasting.
As we know, the big broadcasters and telecommunications companies have phenomenal sums available to them. According to the senator, the radio-telecommunications industry has annual revenues of some $20 billion.
Clearly, the situation is very different for consumers, given the cost of collecting data, and paying honoraria for experts to do quality research and the time required for drafting briefs.
The gap between the public and the major industries is measured in light years. Individuals whose rights have been infringed should be able to demonstrate the injustice they have suffered. Obstacles of a technical nature cannot be allowed to prevent them. The right to fair and equitable treatment is a basic principle of our democracy.
Bill S-7 would give consumer groups the right to properly defend their interests with the CRTC when there problems involve the Broadcasting Act. This bill would enable the CRTC to make decisions based on properly documented briefs, since the means for their production would be assured. In addition, the means involved to permit costs should not be excessive, because the regulations must provide criteria for awarding costs.
In other words, the CRTC must ensure that the amount spent on preparing a brief is reasonable, before reimbursing the individual or consumer group appearing before it.
According to Action réseau consommateur, a group which has met with the Bloc Quebecois, the situation is as follows:
The principle for appearance costs is to reimburse qualified interveners for the work associated with an intervention based on market value. The CRTC has always followed this practice, which was confirmed and approved by the Supreme Court in 1986. This means that clearly identified cases and detailed invoices must be prepared by the lawyer, expert witness or analyst working for a group of interveners, for submission to the charges assessor. This estimate is set in accordance with a fee scale which generally reflects the maximum market charge for similar services. It is important to note that the payment is for services rendered by recognized professionals and does not go into the coffers of the organization. Frequently, the intermediary organizations hire experts and consultants who are in private practice. Under these circumstances, the reimbursement is for invoices from these individuals for appearance fees, and the involvement of the intermediary organization is merely administration of that reimbursement. These fees do not constitute income for the public interest organizations; they are merely a reimbursement of the costs incurred in making an intervention in the public interest.
We have seen that this amendment to the Broadcasting Act is supported by citizens and by organizations that represent them.
In May Action réseau consommateur and the Fédération des associations d'économie familiale du Québec appeared before the Senate Standing Committee on Transport and Communications in their examination of Bill S-7.
In their brief, these organizations brought up another important point. Beyond re-establishing a balance between corporations and citizens, these two organizations amply highlighted one of the reasons why citizens, or the organizations that represent them, must be able to voice their concerns to the CRTC at a time when the television industry is undergoing a complete makeover.
For several years now, the cost of accessing television has climbed steadily. Since the advent of digital television, cable operators have been selling specialty channels separately.
Despite the fact that consumers do not appear eager to pay more for these channels, the CRTC recently approved operating licenses for 283 new specialty digital channels.
Action réseau consommateur and the Fédération des associations d'économie familiale du Québec asked themselves the following question. Conventional television, which was free of charge, was mandated to serve the public interest. How is the public interest better served today?
With the complex issue of analog television channels migrating towards digital, and the resulting rate increases that may ensue, the constant increase in the number of American channels on the Canadian market and all of the questions closely linked to these changes, it seems more than clear to me that the bill currently before the House will allow us, to some extent, to better cope with these challenges, thereby ensuring that consumers' rights are respected.
The Bloc Quebecois will therefore support Bill S-7, since it contributes to encouraging consumer groups in their efforts with the Canadian Radio-television and Telecommunications Commission.