Debates of June 21st, 2021

(The House divided on the amendment, which was negatived on the following division:)

Vote #162

Broadcasting Act

[The Speaker, Liberal, Anthony Rota]

I declare the amendment lost.

The next question is on the main motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

[Blake Richards, Conservative, Banff—Airdrie, AB]

Mr. Speaker, I request a recorded division.

(The House divided on the motion, which was agreed to on the following division:)

Vote #163

[The Speaker, Liberal, Anthony Rota]

I declare the motion carried.

[The Speaker, Liberal, Anthony Rota]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

June 21, 2021

Mr. Speaker:

I have the honour to inform you that the Right Honourable Richard Wagner, Administrator of the Government of Canada, signified royal assent by written declaration to the bills listed in the schedule to this letter on the 21st day of June, 2021, at 6:35 p.m.

Yours sincerely,

Ian McCowan

Secretary to the Governor General

The schedule indicates the bills assented to were Bill C-210, An Act to amend the Canada Revenue Agency Act (organ and tissue donors); Bill C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94); Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples; Bill C-33, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022; and Bill C-34, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022.

Notice of Closure Motion

[Mona Fortier, Liberal, Minister of Middle Class Prosperity and Associate Minister of Finance]

Mr. Speaker, with respect to consideration of Government Business No. 9, I give notice that:

At the next sitting of the House a minister of the Crown shall move, pursuant to Standing Order 57, that debate not be further adjourned.

The House proceeded to the consideration of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, as reported (with amendments) from the committee.

Speaker's Ruling

[Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

There are 23 motions in amendment standing on the Notice Paper for the report stage of Bill C-10.

Motions Nos. 1 to 23 will be grouped for debate and voted upon according to the voting pattern available at the table.

Motions in amendment

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

moved:

Motion No. 1

That Bill C-10 be amended by restoring Clause 3 as follows:

“4.1 (1) This Act does not apply in respect of

(a) programs that are uploaded to an online undertaking that provides a social media service by a user of the service — who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service; and

(b) online undertakings whose broadcasting consists only of such programs.

(2) For greater certainty, subsection (1) does not exclude the application of this Act in respect of a program that is the same as one referred to in paragraph (1)(a) but that is not uploaded as described in that paragraph.”

Motion No. 2

That Bill C-10, in Clause 7, be amended

(a) by deleting lines 1 to 3 on page 12;

(b) by replacing lines 34 and 35 on page 12 with the following:

“(3.1) Orders made under this section do not apply”

Motion No. 3

That Bill C-10, in Clause 7, be amended by adding after line 25 on page 12 the following:

“(1.1) For greater certainty, programming services exclude any service that allows users who are not carrying on broadcasting undertakings to upload programs such as those provided by web applications, social media platforms and smart devices.”

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

moved:

Motion No. 4

That Bill C-10, in Clause 8, be amended by replacing lines 1 to 4 on page 14 with the following:

“(3) Paragraph 10(1)(b) of the Act is replaced by the following:

(b) prescribing what constitutes a Canadian program for the purposes of this Act and, in doing so, shall consider

(i) whether Canadians own and control intellectual property rights over Canadian programs for exploitation purposes, and retain a material and equitable portion of their value,

(ii) whether key creative positions are primarily held by Canadians,

(iii) whether Canadian artistic and cultural content and expression are supported,

(iv) whether, for the purpose of subparagraph (i), online undertakings and programming undertakings collaborate with:

(A) independent Canadian producers,

(B) a Canadian broadcaster producing its own content, or

(C) a producer affiliated with a Canadian broadcaster, and

(v) any other matter that may be prescribed by regulation;

(1.1) The Governor in Council may make regulations prescribing matters that the Commission is required to consider under subparagraph (1)(b)(v)."

[Paul Manly, Green, Nanaimo—Ladysmith, BC]

seconded by the member for Edmonton Strathcona, moved:

That Bill C-10, in Clause 8, be amended by adding after line 39 on page 14 the following:

“(7.1) Subsection 10(1) of the Act is amended by adding the following after paragraph (g):

(g.1) prescribing the requirements for Canadian producers who are creating content for foreign undertakings and online undertakings that provide a social media service to be eligible to apply for the Canada Media Fund;”

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

moved:

That Bill C-10, in Clause 8, be amended by adding after line 41 on page 14 the following:

(h.1) respecting unjust discrimination by a person carrying on a broadcasting undertaking and undue or unreasonable preference given, or undue or unreasonable disadvantage imposed, by such a person;

[Paul Manly, Green, Nanaimo—Ladysmith, BC]

, seconded by the member for Edmonton Strathcona, moved:

That Bill C-10, in Clause 8, be amended by adding after line 43 on page 14 the following:

“(i.1) respecting the establishment of a framework for contractual practices between independent producers and programming undertakings and online undertakings;”

[Heather McPherson, NDP, Edmonton Strathcona, AB]

moved:

That Bill C-10, in Clause 8, be amended by adding after line 43 on page 14 the following:

“(i.1) respecting the establishment of a framework for contractual practices between independent and individual producers and programming undertakings and online undertakings;”

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

moved:

That Bill C-10, in Clause 8, be amended by adding after line 21 on page 15 the following:

“(4) Regulations made under this section do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service — if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.”

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

moved:

That Bill C-10, in Clause 8, be amended by adding after line 21 on page 15 the following:

(4) Regulations made under this section, other than regulations made under paragraph (1)(i) or (j), do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service — if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

moved:

That Bill C-10, in Clause 9, be amended by replacing lines 31 and 32 on page 16 with the following:

“to a broadcasting undertaking shall be fees that relate to the recovery”

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Shall I dispense?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The hon. House Leader of the Official Opposition.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, we all recognize that this is a huge job we have to do, and we want to be sure that we make the right decision at each and every step. I do not want to dodge our responsibility.

If we move too quickly, we might miss some parts.

Need I remind the House that the reason there are so many votes in the House this evening is that other people, at another time, did not do their job?

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

moved:

That Bill C-10, in Clause 10, be amended by replacing line 17 on page 17 with the following:

“Canadian audio or audio-visual programs, including independent productions, for broad-”

[Heather McPherson, NDP, Edmonton Strathcona, AB]

moved:

That Bill C-10, in Clause 10, be amended by replacing lines 19 and 20 on page 17 with the following:

“(b) supporting, promoting or training Canadian creative and other human resources of audio or audio-visual programs for broadcast-”

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

moved:

That Bill C-10, in Clause 10, be amended by adding after line 25 on page 17 the following:

“(1.1) Regulations made under paragraph (1)(a) must prescribe the minimum share of expenditures that must be allocated to Canadian original French language programs in the case of broadcasting undertakings that offer programs in both official languages."