Mr. Speaker, we have again before the House Bill S-7 to amend the Broadcasting Act for the purpose of allowing the CRTC to set out regulations outlining standards for the awarding of costs. In particular it would enable the commission to award and tax costs among the interveners who appear before it.
Why is it important to pass the bill? It is because the principles of fairness and balance guiding the objectives of Bill S-7 are unanimously supported. It is because there are compelling reasons to harmonize the rules with respect to interveners appearing before the CRTC whether they pertain to broadcasting issues or telecommunications issues. It is equally as important to level the playing field between interveners and broadcasting companies appearing before the CRTC. For these reasons Bill S-7 should be passed at second reading and referred to committee.
The reality of convergence comes up time and again in the communications industry. The convergence of technology is one of the key factors in this debate. More and more the regulatory issues and concerns with which the CRTC must grapple are falling under the Broadcasting Act and the Telecommunications Act and are affecting a wider sweep of Canadian society. Involving citizens in decisions which affect them is a rational approach to an increasingly complex communications environment.
As the commission wrestles with these matters one way of informing its decisions as they pertains to protecting the public interest is to help defray the costs of interveners who participate in broadcasting proceedings. As we make the transition to a new innovative economy, moving from an industrial to a knowledge based economy, this is having an impact on the expectations of government by Canadians and the role of government.
It is only fitting that in a democratic society citizens are encouraged to reflect, participate and respond to decisions being made by commissioners of the CRTC and the corporations that appear before them. After all, the broadcasting system makes use of public resources and through its programming helps Canadians to connect to one another, their history and their country. Converging technologies are blurring the lines between telecommunications and broadcasting which were once formerly separate and distinct industries.
In cases where the CRTC conducted proceedings under both the Telecommunications Act and the Broadcasting Act such as the new media hearing, the CRTC awarded costs for interventions only to the extent that they touched upon telecommunications aspects. As further technological integration blurs the lines between communications industries it will be increasingly difficult to weigh the contribution of an intervention according to its impact on telecommunications versus broadcasting.
The majority of applications received for an award of costs for telecommunication proceedings come from consumers or other public interest groups such as the Consumers' Association of Canada and the Public Interest Advocacy Centre. The commission does not generally award costs to commercial entities or municipalities. Few individuals apply for an award of costs.
An award of costs is usually paid by the regulated telecommunications companies as directed by the commission. The companies must pay these costs directly to the intervener. In the event that more than one telecommunications company is directed to pay the commission determines each company's share, usually based on its operating revenues. To receive an award of costs an intervener must have an interest in the outcome of the proceedings and must have contributed to a better understanding of telecommunications issues by the commission.
That leads me to believe that the proposed bill would level the playing field. It would amend the Broadcasting Act to give the commission for its broadcasting proceedings the same powers it now has under the Telecommunications Act when it conducts telecommunications proceedings. The goals of Bill S-7 are laudable in principle but it will not be an easy task to implement them.
The CRTC has stated that it supports the harmonization of rules with respect to awarding costs to broadcasting interveners and it is willing to undertake the necessary changes by holding a public proceeding with respect to this. In fact the CRTC wants the public and the industry to be involved in a process to determine what that criteria would be.
Should Bill S-7 become law, the challenge of the CRTC will be to determine how interveners will be eligible to receive an award of costs. In the telecommunications rules of procedures interveners must have an interest in the outcome of the proceedings, participate in a responsible manner and also contribute to the CRTC's understanding of the issues. Given the plural nature of broadcasting proceedings, it will not be easy to apply the same eligibility criteria without incurring considerable costs.
Our heritage minister has been unfairly attacked in the debate around this bill. Attempting to smear the minister by claiming that this Senate bill has been brought in through the back door is just that, a smear. Nothing could be further from the truth.
Part of good leadership is recognizing and supporting something the public wants and there is overwhelming public support for this legislation. The fact that the bill originated in the other place takes nothing from the bill. It really demonstrates the good work of an esteemed former member of this House and currently a ranking member of the Senate. I want to salute Senator Sheila Finestone and the heritage minister for their leadership behind Bill S-7.
In conclusion, if passed, Bill S-7 would not in any way affect the standing committee's work and recommendations since it is essentially a technical amendment with a view to harmonizing the two acts from which the CRTC derives its authority. I believe it should be passed at second reading and referred to committee for further study.