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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 26
Friday, April 23, 2021, 1:03 p.m. to 3:06 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.

On Clause 2,

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

“(q) the programming provided by community media and alternative services 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 provided for mass audiences, and include programming devoted to culture, politics, local history, health, news and local information, and the arts,

(iii) reflect Canada’s communities and regions, as well as its Indigenous and multicultural nature,

(iv) be produced by and for local communities through their not-for-profit participative structures,

(v) support the development of Canadian creative talent, as a cost-effective platform where developing writers, artists and technicians can learn new skills, take risks and workshop ideas,

(vi) be made available throughout Canada on all existing platforms, and

(vii) be made available for archival purposes to Library and Archives of Canada and local cultural institutions representing the public interest, such as public libraries, museums and public archives, in order to preserve and make accessible community culture, history and politics of enduring value to Canadians, including future generations, and to 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.

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

“(7) The Act is amended by adding the following after paragraph 3(1)(t):

(u) online undertakings that are not owned by or subsidiaries of undertakings licensed under this Act to provide English language only programming and are subject to an original Canadian programming requirement shall ensure that, as part of that requirement, the proportion of their original French language programming corresponds at a minimum to the proportion of the French-speaking population in Canada.”

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

YEAS: Scott Aitchison, Alain Rayes, Martin Shields — 3;

NAYS: Lyne Bessette, Martin Champoux, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Heather McPherson — 7.

Clause 2, as amended, carried on the following recorded division:

YEAS: Lyne Bessette, Martin Champoux, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Heather McPherson — 7;

NAYS: Scott Aitchison, Alain Rayes, Martin Shields, Kevin Waugh — 4.

On Clause 3,

Alain Rayes moved, — That Bill C-10, in Clause 3, be amended

(a) by replacing line 35 on page 4 with the following:

“and reception by other users of the service, provided that such programs are uploaded by a user of the social media service that has fewer than 250,000 subscribers in Canada and receives less than 50 million dollars per year in advertising, subscription, usage or membership revenues in Canada; and”

(b) by adding after line 37 on page 4 the following:

“(1.1) This Act does not apply in respect of online undertakings that have fewer than 250,000 subscribers in Canada and receive less than 50 million dollars per year in advertising, subscription, usage or membership revenues in Canada.”

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

YEAS: Scott Aitchison, Alain Rayes, Martin Shields, Kevin Waugh — 4;

NAYS: Lyne Bessette, Martin Champoux, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Heather McPherson — 7.

Clause 3 was negatived on division.

On Clause 4,

Anthony Housefather moved, — 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 interestsof official language minority communities;”

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 4, be amended by replacing lines 8 to 10 on page 5 with the following:

“(a.1) takes into account the nature and diversity of the services rendered by broadcasting undertakings as well as their size and impact on the Canadian creative and production ecosystem and any other”

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

Martin Champoux moved, — 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 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 equivalent manner;”

Heather McPherson moved, — That the amendment be amended by adding, after the word “industry”, the following: “and their contribution to the implementation of Canadian broadcasting policy objectives”.

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

Tim Louis moved, — That the amendment be amended by replacing the word “equivalent” with the word “equitable”.

After debate, the question was put on the subamendment of Tim Louis and it was agreed to.

The question was put on the amendment of Martin Champoux, as amended, and it was agreed to on division.

Anthony Housefather moved, — 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;”

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

Heather McPherson moved, — That Bill C-10, in Clause 4, be amended by deleting lines 17 to 26 on page 5.

After debate, the question was put on the amendment of Heather McPherson and it was negatived on division.

Alain Rayes moved, — That Bill C-10, in Clause 4, be amended

(a) by replacing, in the English version, lines 18 and 19 on page 5 with the following:

“ing out “and” at the end of paragraph (f) and by”

(b) by adding after line 26 on page 5 the following:

“(i) recognizes that market forces, competition and the growing choice of programming made available over the Internet are contributing to achieving the broadcasting policy objectives set out in subsection 3(1);

(j) encourages all forms of competition to ensure that high-quality and innovative programming is made available to Canadians using the most effective technologies available at reasonable cost; and

(k) ensures that regulation is necessary, efficient and proportionate to its purpose.”

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

YEAS: Scott Aitchison, Alain Rayes, Martin Shields, Kevin Waugh — 4;

NAYS: Lyne Bessette, Martin Champoux, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Heather McPherson — 7.

Anthony Housefather moved, — 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 take the necessary measures to 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 regulations under this Act and 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.”

Debate arose thereon.

Heather McPherson moved, — That the amendment be amended by deleting, in section 5.1, the words “take the necessary measures to”.

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

Heather McPherson moved, — That the amendment be amended by deleting, in section 5.2, the words “when making regulations under this Act and”.

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

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

Clause 4, as amended, carried on division.

At 2:32 p.m., the sitting was suspended.

At 2:38 p.m., the sitting resumed.

On new Clause 4.1,

Marci Ien moved, — 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:

For greater certainty

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

Debate arose thereon.

Anthony Housefather moved, — That the amendment be amended by replacing the words “making of orders” with the words “orders made”.

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

Anthony Housefather moved, — That the amendment be amended by replacing the words “making of regulations” with the words “regulations made”.

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

The question was put on the amendment of Julie Dabrusin, as amended, and it was agreed to on the following recorded division:

YEAS: Lyne Bessette, Martin Champoux, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Heather McPherson — 7;

NAYS: Scott Aitchison, Alain Rayes, Martin Shields, Kevin Waugh — 4.

Clause 5 carried.

On Clause 6,

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 6, be amended by replacing lines 6 to 14 on page 6 with the following:

“(b) issue a licence, the term of which may not exceed seven years;

(c) amend a licence on the application of the licensee or on the Commission’s own motion;

(d) renew a licence, the term of which may not exceed seven years; and”

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

At 3:06 p.m., the committee adjourned to the call of the Chair.



Aimée Belmore
Clerk of the Committee