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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 27
Monday, April 26, 2021, 11:01 a.m. to 1:03 p.m.
Webcast
Presiding
Scott Simms, Chair (Liberal)

House of Commons
• Jacques Maziade, Legislative Clerk
• Philippe Méla, 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.

Thomas Owen Ripley, Drew Olsen and Kathy Tsui answered questions.

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

On Clause 6,

Martin Champoux moved, — That Bill C-10, in Clause 6, be amended

(a) by replacing lines 6 and 7 on page 6 with the following:

“(b) issue licences for the terms not exceeding seven years and subject to the conditions related to the circumstances of the licensee that the Commission deems appropriate for the implementation of the broadcasting policy;”

(b) by replacing lines 8 and 9 on page 6 with the following:

“(c) amend a licence as to its term when five years have expired since the issuance or renewal of the licence, on the application of the licensee or on the Commission's own motion;”

(c) by replacing lines 13 and 14 on page 6 with the following:

“(e) issue renewals of licences for terms not exceeding seven years and subject to conditions that comply with paragraph (b);”

(d) by adding after line 15 on page 6 the following:

“(g) establish registration categories for online undertakings;

(h) register an online undertaking for a term which may be indefinite or fixed by the Commission;

(i) renew a registration, the term of which may be indefinite or fixed by the Commission; and

(j) suspend or revoke a registration.”

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.

Alain Rayes moved, — That Bill C-10, in Clause 6, be amended by adding after line 15 on page 6 the following:

“(g) in the case of licences issued to the Corporation, set conditions that it considers appropriate to reflect the Corporation's status as the national public broadcaster and to ensure that the Corporation complies with its mandate and provides the programming contemplated by paragraphs 3(1)(l) and (m).”

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

YEAS: Scott Aitchison, Martin Champoux, Alain Rayes, Martin Shields, Kevin Waugh — 5;

NAYS: Lyne Bessette, Julie Dabrusin, Anthony Housefather, Marci Ien, Tim Louis, Heather McPherson — 6.

Martin Champoux moved, — 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.”

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

Clause 6 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 7,

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 7, be amended by replacing line 30 on page 6 with the following:

“jects, for terms not exceeding seven years, make orders imposing conditions on the carrying”

After debate, the question was put on the amendment of Paul Manly 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 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;”

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

Marci Ien moved, — 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 discoverability of Canadian programs and programming services;

Debate arose thereon.

Heather McPherson moved, — That the amendment be amended by adding the words “the showcasing and” after the word “including”.

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

Martin Champoux moved, — That the amendment be amended by adding after the words “Canadian programs and programming services” the following: “, such as French language original programs”.

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 Marci Ien, as amended, and it was agreed to.

At 12:05 p.m., the sitting was suspended.

At 12:10 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 7, be amended by adding after line 3 on page 7 the following:

“(b.1) the proportion of original programs to be broadcast in each official language;”

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 7, be amended by replacing lines 14 and 15 on page 7 with the following:

“(e) a requirement for a person carrying on a broadcasting undertaking to carry, on the terms and conditions”

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.

Julie Dabrusin moved, — 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 joint request of the parties to the negotiations.

Debate arose thereon.

Martin Champoux moved, — That the amendment be amended by replacing the words “ without terms or conditions” with the words “that the Commission considers appropriate”.

After debate, the question was put on the subamendment 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.

Heather McPherson moved, — That the amendment be amended by replacing the words “ joint request of the parties” with the words “request of either party”.

After debate, the question was put on the subamendment of Heather McPherson 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.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also adopted:

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

Martin Champoux moved, — 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);”

After debate, the question was put on the amendment of Martin Champoux 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.

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 7, be amended by adding after line 19 on page 7 the following:

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

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

At 1:03 p.m., the committee adjourned to the call of the Chair.



Aimée Belmore
Clerk of the Committee