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Decentralized Democracy

House Hansard - 259

44th Parl. 1st Sess.
November 30, 2023 10:00AM
Context: House Hansard - 259 - Nov/30/23
Hon. Helena Jaczek (Markham—Stouffville, Lib.)
Madam Speaker, on September 19, Bill C-354, an act to amend the Canadian Radio-television and Telecommunications Commission Act regarding the cultural specificity of Quebec and the Francophonie was tabled and read for the first time. From the outset, I would like to thank the member for La Pointe-de-l'Île for giving me the opportunity to reiterate our government's commitment to supporting the French language. Bill C-354 aims to amend the Canadian Radio-television and Telecommunications Commission Act, and this is closely tied to the government's ongoing work to ensure a broadcasting system in Canada that reflects the evolution of our digital world and in which all Canadians, including Quebeckers and members of the Canadian Francophonie, see themselves represented. In fact, closely linked is an understatement. The government's efforts have already been going very much in the same direction as the objective of this bill. On February 2, 2022, our government introduced Bill C-11, aimed at reforming the Broadcasting Act so that Canadian laws reflect the evolution of our digital world. The latter aimed to clarify that online broadcasting services fall under the act, to ensure that the CRTC has the appropriate tools, to encourage greater diversity and inclusion in the broadcasting sector and to better reflect Canadian society. The legislative process surrounding Bill C-11 took a very long time. Indeed, one year to the day passed between the initial tabling of the bill in the House and its adoption at third reading by the Senate. Both the Standing Committee on Canadian Heritage and the Standing Senate Committee on Transport and Communications spent many hours dissecting, analyzing, hearing from witnesses and refining Bill C-11. During the same legislative process, several modifications were made to Bill C-11 to strengthen the commitment to the French language and official language minority communities. The Broadcasting Act, as recently amended, put in place new guarantees to ensure continued support for the production and broadcast of original French-language productions, the majority of which are produced in the province of Quebec. What is more, the CRTC is required to interpret the Broadcasting Act in a manner that respects the Government of Canada's commitment to promoting the vitality of Canada's French-speaking and English-speaking minorities and supporting their development. Added to this is the fact that the act provides that regulations must take into account regional concerns and needs. It should also be noted that the government is already actively consulting the provinces and territories, particularly when it comes to broadcasting. At each stage of the process surrounding the implementation of the Online Streaming Act, the provinces and territories were consulted. In particular, the government consulted its provincial and territorial counterparts as part of the consultations related to the decree of instructions proposed to the CRTC concerning the implementation of the law. The final decree also contains various instructions to support the official languages of Canada and official language minority communities. The decree recognizes, among other things, the minority nature of the French language in Canada and North America and the fact that the broadcasting system should promote the development of Canada's official language minority communities and promote full recognition and use of French and English in Canadian society. A section was even added to the final version of the decree to support the creation and availability of programming in French. In addition, for its part, the CRTC has published a road map describing the main stages of the implementation of the act and is already actively consulting the public. It should be noted that as an administrative tribunal, the CRTC already holds in-depth consultations before making decisions under the rules of practice and procedure that it adopted in order to respect the principles of procedural fairness and of natural justice incumbent upon it. Provinces and territories have the opportunity to participate in CRTC consultations. To this end, the provinces and territories, including Quebec, can already present observations to the CRTC on issues of provincial interest during hearings and consultations. It is important to specify that the Government of Quebec has the right and already uses its right to intervene in the CRTC's consultative processes. The Broadcasting Act provides for three forms of consultation, depending on the decisions it is considering. They are, in no particular order, one, with official language minority communities on any decision likely to have a detrimental effect on them; two, with CBC/Radio-Canada on its conditions of services; and three, with any interested party for decisions regarding conditions of services. The latter is an open consultation, where provinces and territories and, in fact, any interested intervenor can put forward their opinions and concerns. In other words, the addition of the consultation obligation provided for by Bill C-354 could raise concerns that are being addressed in the course of the work of the CRTC and under the requirements of the Broadcasting Act. An obligation for the CRTC to consult elected provincial governments could also have an impact on public confidence and the independence of the CRTC. It is important that we are all mindful of not just the independence of the CRTC but the importance of that independence. As outlined, “The CRTC is an administrative tribunal that regulates and supervises broadcasting and telecommunications in the public interest. [It is] dedicated to ensuring that Canadians have access to a world-class communication system that promotes innovation and enriches [the] lives [of Canadians].” Further to this, under the section of the CRTC's own website entitled “We listen and collaborate”, it states that, in order to “fulfill [its] mandate, [it] must understand the needs and interests of Canadians who make use of broadcasting and telecommunications services.” In conclusion, the government supports and will continue to support the French language. The Online Streaming Act and the act to amend the Official Languages Act are concrete examples of our commitment to the French language. Once more, the government regularly consults the provinces and territories, including Quebec. The minister has consulted her counterparts on numerous occasions when it comes to regulating the broadcasting sector. The government will welcome any questions from members regarding Bill C-354 as the debate on this legislation continues.
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