CHPC Committee Meeting

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Minutes of Proceedings

Standing Committee on Canadian Heritage (CHPC)

44th Parliament, 1st Session

Meeting 35

Tuesday, June 14, 2022, 3:33 p.m. to 5:56 p.m.

Room 425, Wellington Building, 197 Sparks Street

Webcast

Presiding

Hon. Hedy Fry, Chair (Liberal)

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Members of the Committee present

Liberal

Conservative

Bloc Québécois

Martin Champoux

NDP

Peter Julian

Associate Members present

• Rick Perkins (Conservative)

• Arnold Viersen (Conservative)

Other Members present

• Elizabeth May (Green Party)

• Mike Morrice (Green Party)

In attendance

House of Commons

• Leif-Erik Aune, Procedural Clerk

• Philippe Méla, Legislative Clerk

• Émilie Thivierge, Legislative Clerk

Library of Parliament

• Gabrielle de Billy Brown, Analyst

• Marion Ménard, Analyst

Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Witnesses

Department of Canadian Heritage

• Thomas Owen Ripley, Associate Assistant Deputy Minister

• Michel Sabbagh, Director General, Broadcasting, Copyright, and Creative Marketplace Branch

• Amy Awad, Senior Director, Marketplace and Legislative Policy

Pursuant to the order of reference of Thursday, May 12, 2022, and of the motion adopted by the House on Monday, June 13, 2022, the committee resumed consideration of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

Thomas Owen Ripley answered questions.

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

John Nater moved, — That Bill C-11, in Clause 2, be amended by adding after line 28 on page 3 the following:

“(2.4) This Act does not apply to an online undertaking whose revenues in Canada from paid subscriptions and embedded advertising do not exceed $150,000,000 annually.”

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

YEAS: John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 2, be amended by adding after line 28 on page 3 the following:

“(2.4) This Act does not apply to an online undertaking whose revenues in Canada from paid subscriptions and embedded advertising do not exceed $100,000,000 annually.”

John Nater moved, — That Bill C-11, in Clause 2, be amended by adding after line 28 on page 3 the following:

“(2.4) This Act does not apply to an online undertaking whose revenues in Canada from paid subscriptions and embedded advertising do not exceed $50,000,000.”

John Nater moved, — That Bill C-11, in Clause 2, be amended by adding after line 28 on page 3 the following:

“(2.4) This Act does not apply to an online undertaking whose revenues in Canada from paid subscriptions and embedded advertising do not exceed $25,000,000.”

Tim Louis moved, — That Bill C-11, in Clause 2, be amended by replacing line 35 on page 3 to line 1 on page 4 with the following:

“enhance the vitality of official language minority communities and to support and”

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

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 11;

NAYS: — 0.

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

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 4.

On Clause 3,

John Nater moved, — That Bill C-11, in Clause 3, be amended

(a) by replacing lines 7 to 9 on page 4 with the following:

“(a) the Canadian broadcasting system shall be effectively”

(b) by replacing lines 11 to 15 on page 4 with the following:

“(a.1) foreign broadcasting undertakings may provide broadcasting services to Canadians by means of online undertakings provided they do so in a manner that is consistent with the objectives of the broadcasting policy for Canada;”

Martin Champoux moved, — That Bill C-11, in Clause 3, be amended by replacing lines 7 to 10 on page 4 with the following:

“(a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and it is recognized that it includes foreign broadcasting undertakings that provide programming to Canadians;”

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

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 4.

John Nater moved, — That Bill C-11, in Clause 3, be amended by adding after line 22 on page 4 the following:

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

(i.1) reflect and be responsive to the preferences and interests of its audiences,

(i.2) to the extent possible, rely on market forces to ensure that Canadians obtain the programming of their choice,”

John Nater moved, — That Bill C-11, in Clause 3, be amended by adding after line 22 on page 4 the following:

“(2.1) Subparagraph 3(1)(d)(ii) of the Act is replaced by the following:

(ii) encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view, and foster an environment that encourages the development and export of Canadian programs globally,”

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

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 11;

NAYS: — 0.

Peter Julian moved, — That Bill C-11, in Clause 3, be amended by adding after line 40 on page 4 the following:

“(iii.11) provide opportunities to Black and other racialized persons in Canada by taking into account their specific needs and interests, namely, by supporting the production and broadcasting of original programs by and for Black and other racialized communities,”

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

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 11;

NAYS: — 0.

Anthony Housefather moved, — That Bill C-11, in Clause 3, be amended by replacing line 42 on page 4 with the following:

“original French language programs,”

By unanimous consent, after debate, the question was put on the amendment of Anthony Housefather and it was agreed to.

Lisa Hepfner moved, — That Bill C-11, in Clause 3, be amended by replacing lines 7 to 12 on page 5 with the following:

“served, including with respect to the languages in use within those communities and to their ethnocultural and Indigenous composition, and the high engagement and involvement in community broadcasting by members of those communities, including with respect to matters of public concern,”

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

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 11;

NAYS: — 0.

John Nater moved, — That Bill C-11, in Clause 3, be amended by adding after line 15 on page 5 the following:

“(iii.6) provide opportunities to Canadians from racialized communities and of diverse ethnocultural backgrounds to produce programs and broadcasting undertakings, including programs that reflect the diverse lived experiences of Canadians and that express the cultural and historically significant stories of Canadians from racialized communities and diverse ethnocultural backgrounds,”

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

YEAS: Martin Champoux, John Nater, Rachael Thomas, Tim Uppal, Kevin Waugh — 5;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 6.

Michael Coteau moved, — That Bill C-11, in Clause 3, be amended by adding after line 15 on page 5 the following:

“(iii.6) support the production and broadcasting of programs in a diversity of languages that reflect racialized communities and the diversity of the ethnocultural composition of Canadian society, including through broadcasting undertakings that are carried on by Canadians from racialized communities and diverse ethnocultural backgrounds,

(iii.7) provide opportunities to Canadians from racialized communities and diverse ethnocultural backgrounds to produce and broadcast programs by and for those communities,”

By unanimous consent, after debate, the question was put on the amendment of Michael Coteau and it was agreed to.

John Nater moved, — That Bill C-11, in Clause 3, be amended by adding after line 15 on page 5 the following:

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

(v) seek to protect the health and well-being of children by preventing the broadcasting to children of programs that include sexually explicit content, and

(vi) prevent the broadcasting of programs that include sexually explicit content depicting violence, sexism, racism, degrading treatment and torture;”

At 5:56 p.m., the committee adjourned to the call of the Chair.

Tina Miller

Acting clerk of the committee