CHPC Committee Meeting
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Minutes of Proceedings
Conservative
Bloc Québécois
Drew Olsen answered questions.
The committee resumed its clause-by-clause study of the Bill.
The Committee resumed clause-by-clause consideration on Clause 7 of the Bill, as amended.
On Clause 7,
Julie Dabrusin moved, — That Bill C-10, in Clause 7, be amended by replacing lines 24 to 30 on page 7 with the following:(i) the provision to the Commission, by licensees or persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to
(i) the ownership, governance and control of those licensees or exempt persons, and
(ii) the affiliation of those licensees or exempt persons with any af-
After debate, the question was put on the amendment of Julie Dabrusin and it was agreed to on the following recorded division:
YEAS: Lyne Bessette, Martin Champoux, Julie Dabrusin, Anthony Housefather, Tim Louis, Heather McPherson, Adam van Koeverden — 7;
NAYS: Scott Aitchison, Rachael Harder, Alain Rayes, Martin Shields — 4.
Rachael Harder moved, — That the committee resume debate on the motion moved by Rachael Harder, on Friday, April 30, 2021.
The question was put on the motion and it was agreed to on the following recorded division:
YEAS: Scott Aitchison, Martin Champoux, Rachael Harder, Heather McPherson, Alain Rayes, Martin Shields — 6;
NAYS: Lyne Bessette, Julie Dabrusin, Anthony Housefather, Tim Louis, Adam van Koeverden — 5.
The committee resumed consideration of the motion moved by Rachael Harder, on Friday, April 30, 2021, which read as follows:
That, given that the deletion of section 4.1. Clause 3 of Bill C-10 would extend the application of the Broadcasting Act to programs uploaded by users of social media services which, in turn, could violate paragraph 2(b) of the Canadian Charter of Rights and Freedoms;
and given that the current “Charter statement” required under section 4.2 of the Department of Justice Act with respect to the potential effects of Bill C-10 directly states that “Users of social media who upload programs for sharing with other users and are not affiliated with the service provider will not be subject to regulation” as part of its argument that Bill C-10 respects section 2(b) of the Charter; the Committee
(a) request that the Minister of Justice produce an updated “Charter Statement”, under section 4.2 of the Department of Justice Act, with respect to the potential effects of Bill C-10, as amended to date, on the rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms;
(b) invite the Minister of Canadian Heritage and the Minister of Justice to appear before the Committee to discuss the implications of Bill C-10, as amended to date, for users of social media services; and
(c) suspend clause-by-clause consideration of Bill C-10, notwithstanding the Committee’s decision of March 26, 2021, until it has received the updated “Charter Statement”, requested under paragraph (a), and has heard from the ministers, invited under paragraph (b).
Debate arose thereon.
Heather McPherson moved, — That the motion be amended by adding the words “in the next 10 days” after the words “Minister of Justice produce an updated ‘Charter Statement’”; by adding the words “in the next 10 days” after the words “for users of social media services”; by adding the words “for a maximum of 10 days” after the words “consideration of Bill C-10”; and by replacing the word "until" with the words "provided that".
Debate arose thereon.
Julie Dabrusin moved, — That the amendment be amended by deleting the words “given that the deletion of section 4.1. Clause 3 of Bill C-10 would extend the application of the Broadcasting Act to programs uploaded by users of social media services which, in turn, could violate paragraph 2(b) of the Canadian Charter of Rights and Freedoms; and”; by replacing the words “Minister of Justice produce an updated "Charter Statement" in the next 10 days” with the words “Minister of Justice produce an updated “Charter Statement” as soon as possible after clause by clause is completed”; by deleting the words “as amended to date,” before the words “on the rights and freedoms”; by replacing the words “appear before the Committee to discuss” with the words “explain in writing” before the words “the implications of Bill C-10”; by deleting the words “as amended to date” after the words “implications of Bill C-10”; by replacing the words “for users of social media services in the next 10 days” with the words “for users of social media services as soon as possible after clause by clause is completed”; and by deleting subparagraph (c).
At 11:51 a.m., the sitting was suspended.
At 11:53 a.m., the sitting resumed.
RULING BY THE CHAIR
The Chair ruled the proposed subamendment inadmissible as it exceeded the scope of the amendment and sought to modify the original question.
The Committee resumed consideration of the amendment of Heather McPherson, — That the motion be amended by adding the words “in the next 10 days” after the words “Minister of Justice produce an updated ‘Charter Statement’”; by adding the words “in the next 10 days” after the words “for users of social media services”; by adding the words “for a maximum of 10 days” after the words “consideration of Bill C-10”; and by replacing the word "until" with the words "provided that".
The debate continued.
The question was put on the amendment of Heather McPherson and it was agreed to on the following recorded division:
YEAS: Scott Aitchison, Lyne Bessette, Martin Champoux, Julie Dabrusin, Rachael Harder, Anthony Housefather, Tim Louis, Heather McPherson, Alain Rayes, Martin Shields, Adam van Koeverden — 11;
NAYS: — 0.
The Committee resumed consideration of the motion, as amended, of Rachael Harder, — That, given that the deletion of section 4.1. Clause 3 of Bill C-10 would extend the application of the Broadcasting Act to programs uploaded by users of social media services which, in turn, could violate paragraph 2(b) of the Canadian Charter of Rights and Freedoms;
and given that the current “Charter statement” required under section 4.2 of the Department of Justice Act with respect to the potential effects of Bill C-10 directly states that “Users of social media who upload programs for sharing with other users and are not affiliated with the service provider will not be subject to regulation” as part of its argument that Bill C-10 respects section 2(b) of the Charter; the Committee
(a) request that the Minister of Justice produce an updated “Charter Statement” in the next 10 days, under section 4.2 of the Department of Justice Act, with respect to the potential effects of Bill C-10, as amended to date, on the rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms;
(b) invite the Minister of Canadian Heritage and the Minister of Justice to appear before the Committee to discuss the implications of Bill C-10, as amended to date, for users of social media services in the next 10 days; and
(c) suspend clause-by-clause consideration of Bill C-10 for a maximum of 10 days, notwithstanding the Committee’s decision of March 26, 2021, provided that it has received the updated “Charter Statement”, requested under paragraph (a), and has heard from the ministers, invited under paragraph (b) .
The debate continued.
Julie Dabrusin moved, — That the motion be amended by deleting the words “given that the deletion of section 4.1. Clause 3 of Bill C-10 would extend the application of the Broadcasting Act to programs uploaded by users of social media services which, in turn, could violate paragraph 2(b) of the Canadian Charter of Rights and Freedoms; and that given”; by replacing the words “Minister of Justice produce an updated "Charter Statement" in the next 10 days” with the words “Minister of Justice produce an updated “Charter Statement” as soon as possible after clause by clause is completed”; by deleting the words “as amended to date,” before the words “on the rights and freedoms”; by replacing the words “appear before the Committee to discuss” with the words “explain in writing” before the words “the implications of Bill C-10; by deleting the words “as amended to date” after the words “implications of Bill C-10”; by replacing the words “for users of social media services in the next 10 days” with the words “for users of social media services as soon as possible after clause by clause is completed”; and by deleting subparagraph (c).
Debate arose thereon.
Martin Shields moved, — That the committee do now adjourn.
The question was put on the motion and it was agreed to on the following recorded division:
YEAS: Scott Aitchison, Lyne Bessette, Julie Dabrusin, Rachael Harder, Anthony Housefather, Tim Louis, Alain Rayes, Martin Shields, Adam van Koeverden — 9;
NAYS: Martin Champoux, Heather McPherson — 2.
At 1:09 p.m., the committee adjourned to the call of the Chair.