Question Period Note: Modernizing the Broadcasting Act: Support for French-language creators and content

On November 3, 2020, the Government tabled a bill to modernize the Broadcasting Act to support the creation of Canadian audio and audiovisual content for the digital age. The Bill will clarify that online broadcasting services fall under the Act and it will ensure that the CRTC has the proper tools to put in place a modern and flexible regulatory framework for broadcasting. These tools include the ability to make rules, gather information, and levy penalties for non-compliance. Additionally, the Bill will support greater diversity and inclusion in the broadcasting sector, ensuring the promotion of a broad range of Canadian views and talent. Recent articles have reported the need to support French-language production across Canada.

This Bill is about fairness. Everybody should play by the same rules. A modernized Broadcasting Act will require streaming services to support the creation and discovery of Canadian music and stories, creators and producers. • The Bill will also assure a place for Indigenous Peoples in the broadcasting system. It is also more inclusive of persons with disabilities, ethno-cultural groups, racialized communities, LGBTQ2 communities and women.
• The Bill strengthens support for French-language programming and gives the CRTC the tools it needs to ensure Canadian content is produced in both official languages.

• The last major reform of the Broadcasting Act (the Act) was in 1991 – before Internet was widely available in Canada. Online streaming services have dramatically changed how Canadians discover, access, and consume television and movies, and listen to music.
• As committed to in Budget 2017, the Minister of ISED and the Minister of Canadian Heritage, announced on June 5, 2018, the launch of a review of the Broadcasting Act, the Telecommunications Act and the Radiocommunication Act. The review panel consisted of Janet Yale (Chair), Peter S. Grant, Hank Intven (until June 28, 2019), Marina Pavlovic, Monique Simard, Monica Song and Pierre Trudel.
• The Minister of Canadian Heritage’s last mandate letter committed him to work with the Minister of Innovation, Science and Industry to “introduce legislation by the end of 2020 that will take appropriate measures to ensure that all content providers, including internet giants, offer meaningful levels of Canadian content in their catalogues, contribute to the creation of Canadian content in both Official Languages, promote this content and make it easily accessible on their platforms. The legislation should also consider additional cultural and linguistic communities.”
• In the recent Speech from the Throne, the Government stated that “Web giants are taking Canadians’ money while imposing their own priorities. Things must change, and will change. The Government will act to ensure their revenue is shared more fairly with our creators and media, and will also require them to contribute to the creation, production, and distribution of our stories, on screen, in lyrics, in music, and in writing.”
• On November 3, 2020, the Minister of Canadian Heritage tabled Bill C-10, An Act to amend the Broadcasting Act, to modernize the Broadcasting Act for the digital age. The Broadcasting Act is a key instrument in supporting Canada’s creative industries and in ensuring that Canadian music and stories are available and accessible. Bill C-10 will clarify that online broadcasting services fall under the Act and it will ensure that the CRTC has the proper tools to put in place a modern and flexible regulatory framework for broadcasting. These tools include the ability to make rules, gather information, and assign penalties for non-compliance. Additionally, the Bill will support greater diversity and inclusion in the broadcasting sector, ensuring the promotion of a broad range of Canadian views and talent.
Support for French-language creators and content:
• The bill recognizes the importance of investing in French-language content, including that originating from Francophone minority communities. The creation of content in both official languages is an essential cultural objective, regardless of technological developments. The bill gives the CRTC the tools it needs to ensure that regulation and funding support Canadian content in both official languages.
Next steps:
• Once the Bill receives Royal Assent, the Minister of Canadian Heritage will ask the Governor-in-Council to issue a policy direction to the CRTC on how it should use the new regulatory tools provided by the Bill.
• The Bill is the first step in the Government of Canada’s efforts to modernize the broadcasting sector for the digital age. The Government of Canada will continue to develop additional measures to support Canadian broadcasting and Canadian creators.
A modernized Broadcasting Act is expected to result in:
• More opportunities for Canadian producers, directors, writers, actors, and musicians to create high-quality audio and audiovisual content and to make that content available to Canadian audiences, in both official languages and Indigenous languages;
• An equitable and flexible regulatory framework where comparable broadcasting services are subject to similar regulatory requirements, taking into account their distinct business models and other relevant circumstances;
• Canadian music and stories being more available through a variety of services; and
• A more diverse and inclusive broadcasting system that is reflective of Canadian society, including Indigenous Peoples, LGBTQ+ and racialized communities and persons with disabilities.

• This is an important first step, to be followed by subsequent action. The Government is committed to creating a fairer digital economy for Canadian creators and media companies, as well as addressing corporate tax avoidance by digital giants.