CHPC Committee Report

Clause 2

That Bill C-11, in Clause 2, be amended by replacing lines 21 to 26 on page 2 with the following:

“community element includes the element of the Canadian broadcasting system as part of which members of a community participate in the production of programs that are in a language used in the community including a not-for-profit broadcasting undertaking that is managed by a board of directors elected by the community;”

That Bill C-11, in Clause 2, be amended by adding after line 29 on page 2 the following:

“decision means any measure of any kind taken by the Commission. (décision)”

That Bill C-11, in Clause 2, be amended by adding after line 33 on page 2 the following:

“official language minority community means English-speaking communities in Quebec and French-speaking communities outside Quebec; (communauté de langue officielle en situation minoritaire)”

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”

Clause 3

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;”

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,”

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,”

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

“original French language programs,”

That Bill C-11, in Clause 3, be amended by replacing lines 43 and 44 on page 4 with the following:

“(iii.3) enhance the vitality of official language minority communities in Canada and”

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,”

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,”

That Bill C-11, in Clause 3, be amended by replacing lines 6 and 7 on page 6 with the following:

“production and broadcasting of original French language programs, including those from French lin‐”

That Bill C-11, in Clause 3, be amended by adding after line 22 on page 6 the following:

“(5.1) 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 those matters including through the community element; and”

That Bill C-11, in Clause 3, be amended by adding after line 22 on page 6 the following:

“(5.1) Subparagraph 3(1)(i)(v) of the Act is replaced by the following:

(v) include the greatest possible contribution from the Canadian production sector, whether it is independent or affiliated with or owned by a broadcasting undertaking;”

That Bill C-11, in Clause 3, be amended by adding after line 30 on page 6 the following:

“(6.1) Subparagraph 3(1)(m)(iv) of the Act is replaced by the following:

(iv) be in English and in French, reflecting the different needs and circumstances of each official language community, including the specific needs and interests of official language minority communities,”

That Bill C-11, in Clause 3, be amended by replacing lines 37 and 38 on page 6 with the following:

“digenous persons — within community elements, which are positioned to serve smaller and remote communities, and other elements of the Canadian broadcasting system;”

That Bill C-11, in Clause 3, be amended by replacing line 41 on page 6 with the following:

“Canadian broadcasting system, including through community broadcasting, as well as the opportunity for them to develop their own content and voices;”

That Bill C-11, in Clause 3, be amended by adding after line 41 on page 6 with the following:

“(p.1) programming that is accessible without barriers to persons with disabilities should be provided within the Canadian broadcasting system, including without limitation, closed captioning services and video services available to assist persons living with a visual impairment;”

That Bill C-11, in Clause 3, be amended by replacing line 3 on page 7 with the following:

“cluding original French language programs, in an”

That Bill C-11, in Clause 3, be amended by adding after line 9 on page 7 the following:

“(iii) ensure the delivery of programming at affordable rates;”

That Bill C-11, in Clause 3, be amended by adding after line 14 on page 7 the following:

“(s) the programming provided by the community element 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 programs devoted to culture, politics, history, health and public safety, local news and current events, local economy and the arts,

(iii) reflect Canada’s communities, regions, Indigenous and multicultural nature, including through third-language programming,

(iv) support new and emerging Canadian creative talent, as a cost-effective venue for learning new skills, taking risks and exchanging ideas,

(v) through community participation, strenghten the democratic process and support countering disinformation, and

(vi) be available throughout Canada so that all Canadians can engage in dialogue on matters of public concern; and”

Clause 4

That Bill C-11, in Clause 4, be amended by replacing line 3 on page 8 with the following:

“in respect of which this Act applies, in a manner that is consistent with freedom of expression.”

Clause 5

That Bill C-11, in Clause 5, be amended by replacing lines 32 and 33 on page 8 with the following:

“— and the specific needs and interests of official language minority communities in Canada and”

That Bill C-11, in Clause 5, be amended by replacing line 38 on page 8 with the following:

“ation and production industry, particularly with respect to employment in Canada and Canadian programming, their contribution to”

That Bill C-11, in Clause 5, be amended by replacing lines 11 and 12 on page 9 with the following:

“guages, including those created and produced by official language minority communities in”

That Bill C-11, in Clause 5, be amended by adding after line 15 on page 9 the following:

“(e.2) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities;”

Clause 6

That Bill C-11, in Clause 6, be amended

(a) by replacing lines 30 and 31 on page 9 with the following:

“the Commission shall enhance the vitality of official language minority communities in Canada and”

(b) by replacing lines 33 and 34 on page 9 with the following:

“5.2 (1) The Commission shall consult with official language minority communities in Canada when”

That Bill C-11, in Clause 6, be amended by replacing, in the French version, lines 1 and 2 on page 10 with the following:

“c) obtenir l’opinion des communautés de langue officielle en situation minoritaire concernant les politiques, déci-”

Clause 8

That Bill C-11, in Clause 8, be amended by replacing lines 25 and 26 on page 10 with the following:

“(b) publish the representations”

Clause 10

That Bill C-11, in Clause 10, be amended

(a) by replacing, in the French version, line 38 on page 11 with the following:

“doivent être des émissions de langue originale”

(b) by replacing, in the French version, line 4 on page 12 with the following:

“émissions de langue originale française;”

(c) by replacing lines 9 and 10 on page 12 with the following:

“grams and programming services, such as original French language programs;”

That Bill C-11, in Clause 10, be amended by replacing line 27 on page 12 with the following:

“person carrying on an online undertaking that provides the programming services of other broadcasting undertakings in a manner that is similar to a distribution undertaking to carry pro‐”

That Bill C-11, in Clause 10, be amended by replacing, in the French version, line 6 on page 14 with the following:

“portion importante des émissions de langue originale française.”

Clause 11

That Bill C-11, in Clause 11, be amended

(a) by replacing lines 3 to 5 on page 16 with the following:

“(a) whether Canadian producers, including independent producers, have a right or interest in relation to a program, including copyright or any other right or interest that allows them to control and benefit in a fair and equitable manner from the exploitation of the program;”

(b) by replacing line 10 on page 16 with the following:

“(d) the extent to which persons carrying on online undertakings”

(c) by replacing lines 14 and 15 on page 16 with the following:

“their own programs, with producers associated with Canadian broadcasting undertakings or with any other person involved in the Canadian program production industry, including Canadian owners of copyright in musical works or in sound recordings made in Canada; and”

Clause 13

That Bill C-11, in Clause 13, be amended by replacing lines 12 and 13 on page 18 with the following:

“to a broadcasting undertaking shall be fees that relate to the recovery”

Clause 14

That Bill C-11, in Clause 14, be amended by replacing line 15 on page 19 with the following:

“cated to French language original programs in”

Clause 17

That Bill C-11, in Clause 17, be amended by replacing line 33 on page 20 with the following:

“17 (1) Section 20 of the Act is amened by adding the following after subsection (1) :

(1.1) The Chairperson of the Commission may appoint members of the Commission to a panel if it is determined that the panel would otherwise have fewer than three members.

(1.2) Members of the Commission may participate in any panel, unless this participation would place them in a conflict of interest.

(2) Subsection 20(4) of the Act is replaced by the”

Clause 22

That Bill C-11, in Clause 22, be amended by replacing line 23 on page 22 with the following:

“25.2 Subject to section 25.3, the Commission shall proactively make”

That Bill C-11, in Clause 22, be amended by replacing line 34 on page 23 with the following:

“may, while protecting the privacy of Canadians,”

That Bill C-11, in Clause 22, be amended by replacing line 3 on page 24 with the following:

“fore it, the Commission may, while protecting the privacy of Canadians,”

Clause 28

That Bill C-11, in Clause 28, be amended

(a) by adding after line 34 on page 30 the following:

“(1.1) The Commission shall, in a timely manner, issue a decision with respect to subsection (1) confirming that the person is deemed to have committed the violation.”

(b) by replacing line 18 on page 31 with the following:

“made under subsection (1.1), (2) or (3) to be issued and served”

Clause 30

That Bill C-11, in Clause 30, be amended by replacing line 15 on page 37 with the following:

“ternational service that includes the creation, production and presentation of programming intended for audiences outside of Canada and provided in English, French and any other language deemed appropriate, in accordance with any directions that”

New Clause 31.1

That Bill C-11 be amended by adding after the heading “Related Amendments” after line 9 on page 38 the following:

“1992, c. 33

Status of the Artist Act

31.1 Section 6 of the Status of the Artist Act is amended by adding the following after subsection (2):

(3) This Part does not apply in respect of an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.”