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Wednesday, June 16, 2021 (No. 119)

Report Stage of Bills

Bill C-10

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Notices of Motions

Motion No. 1 — June 15, 2021 — — That Bill C-10 be amended by restoring Clause 3 as follows:

“4.1 (1) This Act does not apply in respect of

(a) programs that are uploaded to an online undertaking that provides a social media service by a user of the service — who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service; and

(b) online undertakings whose broadcasting consists only of such programs.

(2) For greater certainty, subsection (1) does not exclude the application of this Act in respect of a program that is the same as one referred to in paragraph (1)(a) but that is not uploaded as described in that paragraph.”

Pursuant to Standing Order 76.1(2), notice also received from:

— June 15, 2021

Motion No. 2 — June 15, 2021 — — That Bill C-10, in Clause 7, be amended

(a) by deleting lines 1 to 3 on page 12;

(b) by replacing lines 34 and 35 on page 12 with the following:

“(3.1) Orders made under this section do not apply”

Pursuant to Standing Order 76.1(2), notice also received from:

— June 15, 2021

Motion No. 3 — June 15, 2021 — — That Bill C-10, in Clause 7, be amended by adding after line 25 on page 12 the following:

“(1.1) For greater certainty, programming services exclude any service that allows users who are not carrying on broadcasting undertakings to upload programs such as those provided by web applications, social media platforms and smart devices.”

Pursuant to Standing Order 76.1(2), notice also received from:

— June 15, 2021

Motion No. 4 — June 15, 2021 — — That Bill C-10, in Clause 8, be amended by replacing lines 1 to 4 on page 14 with the following:

“(3) Paragraph 10(1)(b) of the Act is replaced by the following:

(b) prescribing what constitutes a Canadian program for the purposes of this Act and, in doing so, shall consider

(i) whether Canadians own and control intellectual property rights over Canadian programs for exploitation purposes, and retain a material and equitable portion of their value,

(ii) whether key creative positions are primarily held by Canadians,

(iii) whether Canadian artistic and cultural content and expression are supported,

(iv) whether, for the purpose of subparagraph (i), online undertakings and programming undertakings collaborate with:

(A) independent Canadian producers,

(B) a Canadian broadcaster producing its own content, or

(v) any other matter that may be prescribed directed by regulation;

(1. 1) The Governor in Council may make regulations prescribing matters that the Commission is required to consider under subparagraph (1)(b)(v)."

Motion No. 5 — June 15, 2021 — — That Bill C-10, in Clause 8, be amended by adding after line 39 on page 14 the following:

“(7.1) Subsection 10(1) of the Act is amended by adding the following after paragraph (g):

(g.1) prescribing the requirements for Canadian producers who are creating content for foreign undertakings and online undertakings that provide a social media service to be eligible to apply for the Canada Media Fund;”

Motion No. 6 — June 15, 2021 — — That Bill C-10, in Clause 8, be amended by adding after line 41 on page 14 the following:

(h.1) respecting unjust discrimination by a person carrying on a broadcasting undertaking and undue or unreasonable preference given, or undue or unreasonable disadvantage imposed, by such a person;

Motion No. 7 — June 15, 2021 — — That Bill C-10, in Clause 8, be amended by adding after line 43 on page 14 the following:

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

Motion No. 8 — June 15, 2021 — — That Bill C-10, in Clause 8, be amended by adding after line 43 on page 14 the following:

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

Motion No. 9 — June 15, 2021 — — That Bill C-10, in Clause 8, be amended by adding after line 21 on page 15 the following:

“(4) Regulations made under this section do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service — if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.”

Pursuant to Standing Order 76.1(2), notice also received from:

— June 15, 2021

Motion No. 10 — June 15, 2021 — — That Bill C-10, in Clause 8, be amended by adding after line 21 on page 15 the following:

(4) Regulations made under this section, other than regulations made under paragraph (1)(i) or (j), do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service — if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.

Motion No. 11 — June 15, 2021 — — That Bill C-10, in Clause 9, be amended by replacing lines 31 and 32 on page 16 with the following:

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

Pursuant to Standing Order 76.1(2), notice also received from:

— June 15, 2021

Motion No. 12 — June 15, 2021 — — That Bill C-10, in Clause 10, be amended by adding after line 17 on page 17 the following:

“(1.1) Regulations made under paragraph (1)(a) must prescribe the minimum share of expenditures that must be allocated to Canadian original French language programs in the case of broadcasting undertakings that offer programs in both official languages."

Motion No. 13 — June 15, 2021 — — That Bill C-10, in Clause 10, be amended by replacing line 19 on page 17 with the following:

“Canadian audio or audio-visual programs, including independent productions, for broad-”

Motion No. 14 — June 15, 2021 — — That Bill C-10, in Clause 12, be amended by adding after line 7 on page 19 the following:

“(2) Paragraph 18(1)(d) of the Act is replaced by the following:

(d) the making of an order under subsection 9.1(1) or 12(2).”

Motion No. 15 — June 15, 2021 — — That Bill C-10 be amended by adding after line 7 on page 19 the following:

12.1 Subsection 20(4) of the Act is replaced by the following:

(4) The members of a panel established under subsection (1) shall consult with the Commission, and may consult with any officer of the Commission, for the purpose of ensuring a consistency of interpretation of the broadcasting policy set out in subsection 3(1), the regulatory policy set out in subsection 5(2), the orders made under section 9.1, the regulations made under sections 10 and 11 and the regulations and orders made under section 11.1.

Motion No. 16 — June 15, 2021 — — That Bill C-10, in Clause 21, be amended by adding after line 31 on page 24 the following:

Consultation and Review

34.01 (1) Every seven years the Commission shall consult with all interested persons with respect to orders made under section 9.1 and regulations and orders made under section 11.1 and shall publish, on the Internet or otherwise, a report on the consultations that also lists the orders and regulations that the Commission proposes to review as a result of the consultations and sets out its plan for conducting the review.

(2) The Commission shall publish the first report within seven years after the day on which this subsection comes into force and, subsequently, within seven years after the day on which the most recent report is published.

Motion No. 17 — June 15, 2021 — — That Bill C-10, in Clause 23, be amended by adding after line 33 on page 32 the following:

“(a.1) increasing the administrative monetary penalty amounts set out in subsection 34.5(1);”

Pursuant to Standing Order 76.1(2), notice also received from:

— June 15, 2021

Motion No. 18 — June 15, 2021 — — That Bill C-10, in Clause 25, be amended by replacing line 5 on page 35 with the following:

“ternational service that includes the creation, production and distribution of programming targeted at audiences outside of Canada, in English, French and any other language deemed appropriate, in accordance with any directions that”

Motion No. 19 — June 15, 2021 — — That Bill C-10, in Clause 33, be amended by replacing lines 23 to 31 on page 38 with the following:

as defined in subsection 2(1) of the Broadcasting Act; or

(c) a distribution undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act, in respect of the programs that it originates.

For greater certainty, it does not include an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.

Motion No. 20 — June 15, 2021 — — That Bill C-10 be amended by adding after line 31 on page 38 the following:

1997, c. 24, s. 18(1)

33.1 Subsection 30.9(7) of the Act is replaced by the following:

(7) In this section, “broadcasting undertaking” means a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under that Act. For greater certainty, it does not include an online undertaking, as defined in that subsection 2(1).

Motion No. 21 — June 15, 2021 — — That Bill C-10 be amended by adding after line 17 on page 43 the following new clause:

“Review

46.1 (1)During the fifth year after this section comes into force, and every five years after that, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose.

(2)The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends.”

Motion No. 22 — June 15, 2021 — — That Bill C-10 be amended by adding after line 17 on page 43 the following new clause:

“Review of Regulations

46.1 Within one year after the day on which this Act comes into force and every five years after that, the Commission must review what constitutes a Canadian program under the regulations.”


Bill C-12
An Act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050

Notices of Motions

Motion No. 1 — June 15, 2021 — — That Bill C-12, in Clause 7, be amended by replacing subclause (4) with the following:

(4) The Minister must set the national greenhouse gas emissions target

(a) for the 2035 milestone year, no later than December 1, 2024;

(b) for the 2040 milestone year, no later than December 1, 2029; and

Motion No. 2 — June 11, 2021 — — That Bill C-12, in Clause 22, be amended by replacing line 32 on page 12 to line 9 on page 13 with the following:

“(2) The Minister must make the annual report available to the public within 30 days after receiving it and then, within 120 days after receiving the report, the Minister must publicly respond to the advice that the advisory body includes in it with respect to the matters referred to in paragraphs 20(1)(a) to (c), including any national greenhouse gas emissions target that is recommended by the advisory body if the Minister has set a target that is different from it.”

Motion No. 3 — June 15, 2021 — — That Bill C-12, in Clause 22, be amended by replacing subsection (2) with the following:

(2) The Minister must make the annual report available to the public within 30 days of receiving it and then, within 120 days of receiving that report, the Minister must publicly respond to the advice that the advisory body includes in it with respect to matters referred in paragraphs 20(1)(a) to (c), including any national greenhouse gas emissions target that is recommended by the advisory body if the Minister has set a target that is different from it.

Motion No. 4 — June 15, 2021 — — That Bill C-12 be amended by replacing, in the French version, Clause 27.1 with the following:

27.1 Cinq ans après la date d’entrée en vigueur de la présente loi, un examen approfondi de ses dispositions et de son application est fait par un comité soit du Sénat, soit de la Chambre des communes, soit mixte, que le Sénat, la Chambre des communes ou les deux chambres, selon le cas, désignent ou constituent à cette fin.


Bill C-30
An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures
Pursuant to Standing Order 76.1(5), the Speaker selected for debate the following motion:
Motion No. 2.
Statement and selection by Speaker — see Debates of June 10, 2021.

Resuming Debate

Motion No. 2 — June 14, 2021 — , seconded by , — That Bill C-30 be amended by restoring Clause 158 as follows:

158 Subsection 14(1) of the Canadian Securities Regulation Regime Transition Office Act is replaced by the following:

14 (1) The Minister may make direct payments, in an aggregate amount not exceeding $119,500,000, or any greater amount that may be specified in an appropriation Act, to the Transition Office for its use.