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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 25
Monday, April 19, 2021, 11:00 a.m. to 1:08 p.m.
Webcast
Presiding
Scott Simms, Chair (Liberal)

House of Commons
• Jacques Maziade, Legislative Clerk
• Philippe Méla, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Gabrielle de Billy Brown, Analyst
• Marion Ménard, Analyst
Department of Canadian Heritage
• Thomas Owen Ripley, Director General, Broadcasting, Copyright and Creative Marketplace Branch
• Drew Olsen, Senior Director, Marketplace and Legislative Policy
• Kathy Tsui, Manager, Industrial and Social Policy, Broadcasting, Copyright and Creative Marketplace Branch
• Patrick Smith, Senior Analyst, Marketplace and Legislative Policy
Pursuant to the order of reference of Tuesday, February 16, 2021, the committee resumed consideration of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

The witnesses made statements and answered questions.

The committee resumed its clause-by-clause study of the Bill.

The Committee resumed consideration of the amendment of Heather McPherson, — 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 and presentation of programming;

(f.1) each foreign online undertaking shall make the greatest practicable use of Canadian creative and other human resources 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;”

The Committee resumed consideration of the subamendment of Anthony Housefather, — That the amendment be amended by adding after the word “ programming;”, the following: “, unless the nature of the service provided by the undertaking renders that use impracticable, in which case the undertaking shall make use of those resources to the extent that is appropriate to their nature;”.

After debate, by unanimous consent, the subamendment was withdrawn.

Julie Dabrusin moved, — That the amendment be amended:

a) in paragraph (f), by adding after the word “programming;” the following: “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;”;

b) in paragraph f.1), by adding, in the French version, the word “du” after the word “mesure”;

c) in paragraph (f.1), by adding, after the word “resources”, the following: “, and shall contribute in an equitable manner to strongly support the creation, production and presentation of Canadian programming,”

After debate, the question was put on the subamendment of Julie Dabrusin and it was agreed to.

After debate, the question was put on the amendment of Heather McPherson, as amended, and it was agreed to.

Martin Champoux moved, — That Bill C-10, in Clause 2, be amended by replacing lines 39 and 40 on page 3 with the following:

“broadcast;”

After debate, the question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Heather McPherson — 2;

NAYS: Scott Aitchison, Lyne Bessette, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Alain Rayes, Martin Shields, Kevin Waugh — 9.

Martin Champoux moved, — 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,”

After debate, the question was put on the amendment of Martin Champoux and it was agreed to.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

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):”

After debate, the question was put on the amendment of Paul Manly and it was agreed to on division.

Martin Shields moved, — 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”

After debate, the question was put on the amendment of Martin Shields and it was agreed to.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-10, in Clause 2, be amended by adding after line 7 on page 4 the following:

“(ii.2) include programs that recognize and support Canada’s linguistic duality by giving prominence to original French-language productions and broadcasting that reflect the needs and circumstances of francophone minorities,”

After debate, the question was put on the amendment of Paul Manly and it was negatived to on division.

Alain Rayes moved, — That Bill C-10, in Clause 2, be amended by adding after line 7 on page 4 the following:

“(ii.2) include programs that recognize and support Canada’s linguistic duality by giving prominence to original French language productions and broadcasting, including those of francophone minorities,”

After debate, the question was put on the amendment of Alain Rayes and it was negatived on division.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-10, in Clause 2, be amended by adding after line 7 on page 4 the following:

“(4.1) Subparagraph 3(1)(i)(iv) of the Act is replaced by the following:

(iv) provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern and to directly participate in public dialogue on such matters through community elements, and”

Debate arose thereon.

At 11:52 a.m., the sitting was suspended.

At 11:53 a.m., the sitting resumed.

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Anthony Housefather moved, — 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-”

After debate, the question was put on the amendment of Anthony Housefather and it was agreed to.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

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-”

After debate, the question was put on the amendment of Paul Manly and it was agreed to.

At 12:00 p.m., the sitting was suspended.

At 12:06 p.m., the sitting resumed.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

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 Indigenous community media, which are uniquely positioned to serve smaller, remote and urban Indigenous communities;”

Debate arose thereon.

Martin Champoux moved, — That the amendment be amended by replacing all the words after “persons and” with the words “community elements”.

After debate, the question was put on the subamendment of Martin Champoux and it was agreed to.

The question was put on the amendment of Paul Manly, as amended, and it was agreed to.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

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

“Canadian broadcasting system, as well as adequate programming resources required for persons with disabilities to develop their own community media; and”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 772 of House of Commons Procedure and Practice, Third Edition.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

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

“(q) the programming provided through community elements should

(i) be innovative and complementary to the programming provided for mass audiences,

(ii) cater to tastes and interests not adequately provided for by the programming designed for mass audiences, and include programming devoted to local information, culture, politics, history, health, news and arts,

(iii) reflect Canada’s communities and regions, Indigenous cultures and multicultural nature,

(iv) be produced by and for local communities through non-profit participative structures,

(v) be made available throughout Canada through all platforms available, and

(vi) promote the development of Canadian creative content by local writers, artists and technicians; and”

After debate, the question was put on the amendment of Paul Manly and it was negatived on the following recorded division:

YEAS: — 0;

NAYS: Scott Aitchison, Lyne Bessette, Martin Champoux, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Heather McPherson, Alain Rayes, Martin Shields, Kevin Waugh — 11.

Pursuant to the order adopted by the committee on Friday, October 23, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

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

“(q) the programming provided through community elements should be made available to the Library and Archives of Canada for archival purposes and to local cultural institutions representing the public interest, such as libraries, museums and public archives, for the purpose of preserving and making publicly accessible community culture, history and politics of enduring value to Canadians, future generations and anyone with an interest in Canada; and”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

At 12:34 p.m., the sitting was suspended.

At 12:35 p.m., the sitting resumed.

Martin Champoux moved, — 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”

Marci Ien moved, — That the amendment be amended by deleting paragraph (i).

The question was put on the subamendment of Marci Ien and it was negatived on the following recorded division:

YEAS: Lyne Bessette, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis — 5;

NAYS : Scott Aitchison, Martin Champoux, Heather McPherson, Alain Rayes, Martin Shields, Kevin Waugh — 6.

The question was put on the amendment of Martin Champoux and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Martin Champoux, Heather McPherson, Alain Rayes, Martin Shields, Kevin Waugh — 6;

NAYS: Lyne Bessette, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis — 5.

Martin Champoux moved, — 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”

After debate, the question was put on the amendment of Martin Champoux and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Martin Champoux, Heather McPherson, Alain Rayes, Martin Shields, Kevin Waugh — 6;

NAYS: Lyne Bessette, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis — 5.

At 1:08 p.m., the committee adjourned to the call of the Chair.



Aimée Belmore
Clerk of the Committee