CHPC Committee Report

Clause 1

That Bill C-10, in Clause 1, be amended by adding after line 15 on page 2 the following:

“community element means the participation of members of the community in the content production of community media in the language of their choice, as well as in the day-to-day operations and administration of community media; (élément communautaire)”

That Bill C-10, in Clause 1, be amended by replacing lines 16 and 17 on page 2 with the following:

“control, in the definition affiliate, in subparagraph 9.1(1)(i)(i) and in paragraph 9.1(1)(m), includes control in fact, whether or not”

That Bill C-10, in Clause 1, be amended by adding after line 18 on page 2 the following:

“Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones)”

That Bill C-10, in Clause 1, be amended by adding after line 35 on page 2 the following:

“(3.1) Subsection 2(3) of the Act is replaced by the following:

(3) This Act shall be construed and applied in a manner that

(a) is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings; and

(b) supports the commitment of the Government of Canada to enhance the vitality of both official languages and of official language minority communities in Canada.”

That Bill C-10, in Clause 1, be amended by adding after line 35 on page 2 the following:

“(2.2) A person does not carry on a broadcasting undertaking for the purposes of this Act whose transmission of programs over the Internet is

(a) ancillary to a business not primarily engaged in the transmission of programs to the public and is intended to provide information or services to clients;

(b) part of the operations of a primary or secondary school board, college, university or other institution of higher learning, a public library or a museum; or

(c) part of the operations of a theatre, concert hall or other venue for the presentation of live performing arts.”

Clause 2

That Bill C-10, in Clause 2, be amended by replacing line 38 on page 2 with the following:

“(a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and foreign broadcasting undertakings may also provide programming to Canadians;

(a.1) each broadcasting undertaking shall contribute to”

That Bill C-10, in Clause 2, be amended by adding after line 3 on page 3 the following:

“(1.1) Paragraph 3(1)(c) of the Act is replaced by the following:

(c) while sharing common aspects, English and French language broadcasting operate under different conditions — in particular, the minority context of French in North America — and may have different requirements;”

That Bill C-10, in Clause 2, be amended by replacing lines 4 to 11 on page 3 with the following:

“(2) Subparagraph 3(1)(d)(iii) of the Act is replaced by the following:”

That Bill C-10, in Clause 2, be amended by adding after line 27 on page 3 the following:

“(iii.2) support the production and broadcasting of original programs in French,

(iii.3) enhance the vitality of official language minority communities and support and assist their development by taking into account their particular needs and interests, — in particular that French is a minority language in Canada and that English is a minority language in Quebec — including through supporting the production and broadcasting of original programs by and for those communities,

(iii.4) support community broadcasting that reflects both the diversity of the communities being served and the high engagement and involvement in community broadcasting by members of those communities, including with respect to the languages in use within those communities and to the ethnocultural and Indigenous composition of the communities,

(iii.5) ensure that Canadian independent broadcasting undertakings continue to be able to play a vital role within that system, and”

That Bill C-10, in Clause 2, be amended by adding after line 27 on page 3 the following:

“(iii.2) serve the needs and interests of official language minority communities by providing them with opportunities to produce and access programming in English or French, and”

That Bill C-10, in Clause 2, be amended by replacing lines 30 to 33 on page 3 with the following:

“(f) each Canadian broadcasting undertaking shall employ and make maximum use, and in no case less than predominant use, of Canadian creative and other human resources in the creation, production and presentation of programming unless the nature of the service provided by the undertaking, such as specialized content or format or the use of languages other than French and English, renders that use impracticable, in which case the undertaking shall make the greatest practicable use of those resources;

(f.1) each foreign online undertaking shall make the greatest practicable use of Canadian creative and other human resources, and shall contribute in an equitable manner to strongly support the creation, production and presentation of Canadian programming, in accordance with the objectives of the broadcasting policy set out in this subsection and taking into account the linguistic duality of the market they serve;”

That Bill C-10, in Clause 2, be amended by adding after line 40 on page 3 the following:

“(3.1) Paragraph 3(1)(i) of the Act is amended by adding the following after subparagraph (i):

(i.1) recognize and support Canada’s linguistic duality by placing significant importance on the creation, production and broadcasting of French language original programs, including those from French linguistic minority communities,”

That Bill C-10, in Clause 2, be amended by replacing lines 41 and 42 on page 3 with the following:

“(4) Subparagraphs 3(1)(i)(i) and (ii) of the Act are replaced by the following:

(i) be varied and comprehensive, providing a balance of information, enlightenment and entertainment for people of all ages, interests and tastes,

(ii) be drawn from local, regional, national and international sources, including, at the local level, from community broadcasters who, through collaboration with local organizations and community members, are in the unique position of being able to provide varied programming to meet the needs of specific audiences,

(4.1) Paragraph 3(1)(i) of the Act is amended by adding the following after subparagraph (ii):”

That Bill C-10, in Clause 2, be amended by replacing lines 2 and 3 on page 4 with the following:

“that cover news and current events — from the local and regional to the national and international — and that reflect”

That Bill C-10, in Clause 2, be amended by replacing line 11 on page 4 with the following:

“French shall be extended to all Canadi‐”

That Bill C-10, in Clause 2, be amended by replacing line 22 on page 4 with the following:

“casting system, including by broadcasting undertak‐”

That Bill C-10, in Clause 2, be amended by replacing line 23 on page 4 with the following:

“ings that are carried on by Indigenous persons and community elements”

That Bill C-10, in Clause 2, be amended by adding after line 26 on page 4 the following:

“(q) online undertakings that provide the programming services of other broadcasting undertakings should

(i) ensure the discoverability of Canadian programming services and original Canadian content, including French language original content, in an equitable proportion, and

(ii) when programming services are supplied to them by other broadcasting undertakings under contractual arrangements, provide reasonable terms for the carriage, packaging and retailing of those programming services; and”

That Bill C-10, in Clause 2, be amended by adding after line 26 on page 4 the following:

“(q) online undertakings must clearly promote and recommend Canadian programming, in both official languages as well as Indigenous languages, and ensure that any means of control of the programming generates results allowing its discovery; and”

Clause 3

Clause 3 is deleted.

Clause 4

That Bill C-10, in Clause 4, be amended by replacing line 7 on page 5 with the following:

“Indigenous language programming operate — including the minority context of French and Indigenous languages in North America — and the particular needs and interests of official language minority communities;”

That Bill C-10, in Clause 4, be amended by replacing lines 8 to 12 on page 5 with the following:

“(a.1) takes into account the nature and diversity of the services provided by broadcasting undertakings, as well as their size, their impact on the Canadian creation and production industry and their contribution to the implementation of Canadian broadcasting policy objectives and any other characteristic that may be relevant in the circumstances;

(a.2) requires any broadcasting undertaking that cannot make maximum use, and in no case less than predominant use, of Canadian creative and other resources in the creation and presentation of programming to contribute to these Canadian resources in an equitable manner;”

That Bill C-10, in Clause 4, be amended by adding after line 12 on page 5 the following:

“(1.1) Paragraph 5(2)(e) of the Act is replaced by the following:

(e) facilitates the provision of Canadian programs created and produced in both official languages, including those created and produced by official language minority communities, as well as in Indigenous languages, to Canadians;”

That Bill C-10, in Clause 4, be amended by adding after line 26 on page 5 the following:

“(3.1) The Act is amended by adding the following after section 5:

5.1 In regulating and supervising the Canadian broadcasting system and exercising its powers under this Act, the Commission shall enhance the vitality of official language minority communities and support and assist their development.

5.2 (1) The Commission shall consult with official language minority communities when making decisions that could adversely affect them.

(2) When engaging in consultations required by subsection (1), the Commission shall

(a) gather information to test its policies, decisions and initiatives;

(b) propose policies, decisions and initiatives that have not been finalized;

(c) seek the opinions of the communities consulted with regard to the policies, decisions or initiatives that are the subject of the consultations;

(d) provide the communities consulted with all relevant information on which these policies, decisions or initiatives are based;

(e) openly and meaningfully consider the opinions provided by the communities consulted;

(f) be prepared to alter the policies, decisions or initiatives; and

(g) provide feedback to the communities consulted, both during the consultation process and after a decision has been made.”

New Clause 4.1

That Bill C-10 be amended by adding after line 26 on page 5 the following new clause:

“4.1 The Act is amended by adding the following after section 7:

7.1 For greater certainty, orders may be made under section 7 with respect to the orders made under subsection 9.1(1) or 11.1(2) or the regulations made under subsection 10(1) or 11.1(1).”

Clause 6

That Bill C-10, in Clause 6, be amended

(a) by replacing line 25 on page 6 with the following:

“have a significant effect on the implementation of”

(b) by adding after line 26 on page 6 the following:

“(5) The Commission shall review the exemption order if it considers compliance with the order to have a significant effect on the implementation of the Canadian broadcasting policy.”

Clause 7

That Bill C-10, in Clause 7, be amended by adding after line 38 on page 6 the following:

“(a.1) the proportion of Canadian programs to be broadcast that shall be French language original programs, including first-run programs;”

That Bill C-10, in Clause 7, be amended by replacing lines 1 to 3 on page 7 with the following:

“(b) the presentation of programs and programming services for selection by the public, including the showcasing and the discoverability of Canadian programs and programming services, such as French language original programs;”

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

(a) replacing line 17 on page 7 with the following:

“ming services, specified by the Commission, that are provided by a broadcasting undertaking;

(e.1) a requirement, without terms or conditions, for a person carrying on an online undertaking to carry programming services, specified by the Commission, that are provided by a broadcasting undertaking;”

(b) adding after line 19 on page 8 the following:

“(6) The person carrying on an online undertaking to whom an order made under paragraph (1)(e.1) applies and the person carrying on the broadcasting undertaking whose programming services are specified in the order must negotiate the terms for the carriage of the programming services in good faith.

(7) The Commission may facilitate those negotiations at the request of either party to the negotiations.”

That Bill C-10, in Clause 7, be amended by adding after line 17 on page 7 the following:

“(e.1) the expenditures to be made by persons carrying on broadcasting undertakings for the purposes set out in subsection 11.1(1);”

That Bill C-10, in Clause 7, be amended by adding after line 23 on page 7 the following:

“(h.1) any change in the ownership or control of a Canadian broadcasting undertaking, that is not an online undertaking, carried on under a licence;”

That Bill C-10, in Clause 7, be amended by replacing lines 24 to 30 on page 7 with the following:

“(i) the provision to the Commission, by licensees or persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to

(i) the ownership, governance and control of those licensees or exempt persons, and

(ii) the affiliation of those licensees or exempt persons with any af-”

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

(a) by adding after line 31 on page 7 the following:

“(i.1) in relation to online undertakings that provide a social media service, the discoverability of Canadian creators of programs”; and

(b) by adding after line 10 on page 8 the following:

“(3.1) Orders made under this section, other than orders made under paragraph (1)(e.2), (i.1) or (j), do not apply in respect of 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.

(3.2) For greater certainty, paragraph (1)(i.1) shall be construed and applied in a manner that is consistent with the freedom of expression enjoyed by users of social media services provided by online undertakings.”

That Bill C-10, in Clause 7, be amended by adding after line 2 on page 8 the following:

“(k) the proportion of programs to be broadcast that shall be original French language programs, while ensuring that these programs represent a significant proportion of Canadian programs;

(l) the proportion of programs to be broadcast that shall be devoted to specific genres in order to ensure the diversity of programming; and

(m) continued Canadian ownership and control by broadcasting undertakings.”

That Bill C-10, in Clause 7, be amended by adding after line 19 on page 8 the following:

“9.2 An online undertaking that provides a social media service is deemed not to exercise programming control over programs uploaded by any user of the social media service who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them.”

Clause 8

That Bill C-10, in Clause 8, be amended by replacing lines 26 to 29 on page 8 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 as directed by the Governor in Council;”

That Bill C-10, in Clause 8, be amended by adding after line 28 on page 9 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;”

That Bill C-10, in Clause 8, be amended by adding after line 8 on page 10 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.”

Clause 9

That Bill C-10, in Clause 9, be amended by replacing lines 20 and 21 on page 11 with the following:

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

Clause 10

That Bill C-10, in Clause 10, be amended by replacing line 5 on page 12 with the following:

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

That Bill C-10, in Clause 10, be amended by adding after line 13 on page 12 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.”

New Clause 12.1

That Bill C-10 be amended by adding after line 32 on page 13 the following new clause:

“12.1 Subsection 20(4) of the Act is replaced by the following:

(4) The members of a panel established under subsection (1) shall consult with the Commission, and may consult with any officer of the Commission, for the purpose of ensuring a consistency of interpretation of the broadcasting policy set out in subsection 3(1), the regulatory policy set out in subsection 5(2), the orders made under section 9.1, the regulations made under sections 10 and 11 and the regulations and orders made under section 11.1.”

New Clause 13.1

That Bill C-10 be amended by adding after line 7 on page 14 the following new clause:

“13.1 The Act is amended by adding the following after subsection 22(1):

(1.1) No licence shall be issued, amended or renewed under this Part in relation to a broadcasting undertaking, including one that distributes foreign programming, that has nationals who have been sanctioned under the Justice for Victims of Corrupt Foreign Officials Act until such time all sanctions are removed.”

Clause 21

That Bill C-10, in Clause 21, be amended by adding after line 21 on page 19 the following:

“34.01 (1) Every seven years the Commission shall consult with all interested persons with respect to orders made under section 9.1 and regulations and orders made under section 11.1 and shall publish, on the Internet or otherwise, a report on the consultations that also lists the orders and regulations that the Commission proposes to review as a result of the consultations and sets out its plan for conducting the review.

(2) The Commission shall publish the first report within seven years after the day on which this subsection comes into force and, subsequently, within seven years after the day on which the most recent report is published.”

Clause 23

That Bill C-10, in Clause 23, be amended by

(a) adding after line 7 on page 20 the following:

“(a.1) contravene the requirement to negotiate in good faith under subsection 9.1(6);”

(b) replacing line 8 on page 24 with the following:

“tion, other than a violation under paragraph 34.4(1)(a.1) or (f), if ”

That Bill C-10, in Clause 23, be amended by adding after line 15 on page 27 the following:

“(a.1) increasing the administrative monetary penalty amounts set out in subsection 34.5(1);”

Clause 33

That Bill C-10, in Clause 33, be amended by replacing lines 23 to 31 on page 33 with the following:

“as defined in subsection 2(1) of the Broadcasting Act; or

(c) a distribution undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act, in respect of the programs that it originates.

For greater certainty, it does not include an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.”

New Clause 33.1

That Bill C-10 be amended by adding after line 31 on page 33 the following new clause:

“33.1 Subsection 30.9(7) of the Act is replaced by the following:

(7) In this section, broadcasting undertaking means a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under that Act. For greater certainty, it does not include an online undertaking, as defined in that subsection 2(1).”

New Clause 46.1

That Bill C-10 be amended by adding after line 17 on page 38 the following new clause:

“46.1 (1)During the fifth year after this section comes into force, and every five years after that, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose.

(2)The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends.”