44th Parl. 1st Sess.
November 30, 2023 10:00AM
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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Madam Speaker, we are here today to discuss a crucial issue, the Canadian Radio-television and Telecommunications Commission Act.
We have been discussing Bill C-354 for some time now. This bill is designed to establish an assurance mechanism to guarantee that the CRTC consults with the Quebec government before regulating aspects of the Canadian broadcasting network that relate to the province's cultural distinctiveness. This is crucial.
The bill also proposes to have the CRTC consult with the governments of other provinces on aspects related to francophone markets or the Canadian francophonie. This is important. It does not impose any binding obligations on the CRTC, but it does provide crucial assurance to the provinces that they will be involved in this decision-making process.
It is essential to understand the CRTC is not currently required to consult Quebec before making regulatory decisions that affect it. The bill responds to a legitimate concern about the decline of the French language and the threat of cultural assimilation. It establishes a proactive approach to ensure adequate representation of Quebec's interests, particularly with regard to its cultural distinctiveness, and of the French fact in the rest of Canada.
This approach is a legacy of the past. It goes back to 1929, when Quebec premier Alexandre Taschereau passed the province's broadcasting law. Unfortunately, instead of collaborating with Quebec, Ottawa came up with its own version, creating the Canadian Radio Broadcasting Commission, the precursor to the CRTC and the current federal broadcasting legislation.
The idea of sovereignty over telecommunications is alive and well despite federal interference. It goes way back. Every government since Taschereau's has advocated for Quebec's independence in managing its telecommunications.
That is why it is so frustrating to run up against a refusal to listen and maybe even sheer ignorance. I interpret Ottawa's ongoing silence as the federal government's disdain for and indifference toward Quebec culture. Otherwise, we would not be here today.
Having said that, it is not through the courts that we will win our right to develop and maintain our culture. The Supreme Court of Canada has ruled on numerous occasions that telecommunications and broadcasting are the responsibility of the federal government. However, the delegation of this administrative power is based on the will of parliamentarians in the House of Commons. This type of agreement already exists. Earlier, my colleague from La Pointe-de-l'Île talked about agreements with the RCMP. I will not go through the whole list. Members are familiar with them. There are plenty of them in Quebec.
All it takes is a little willpower. I have become more confident over the years. I think we will be able to sign an administrative agreement in 2023-24 that will change the fate of Quebec culture. If it really wanted to, the federal government could amend the Broadcasting Act and the Telecommunications Act today to include such an administrative agreement. We have proof that this can be done, looking at the employment insurance pilot projects, which have been incorporated into the federal legislation bearing the same name. It is possible.
The Bloc Québécois firmly believes that telecommunications and broadcasting are vitally important to the vitality of Quebec's culture and language, which deserve to be preserved and, more importantly, to be showcased with pride. I hope that all parliamentarians share this belief.
Quebec's cultural industries, including film, music, literature and other art forms, contribute significantly to Canada's cultural diversity. That is why we think that these sectors should regulated by Quebec, ideally under a Quebec radio-television and telecommunications commission, a “QRTC”, which is the only way we would have total control over decisions that relate to our language and culture. However, until that becomes a possibility, Quebec should be consulted when it comes to its culture and how its communications are handled.
As I said at the start of my speech, this bill provides assurances, a formal guarantee that Quebec will be consulted during the CRTC's decision-making process. This consultation would not be a constraint imposed on the CRTC, but rather an inclusion mechanism. I hear parliamentarians say that we could take this further in committee, and I am happy about that. We could take this much, much further, but we have to start somewhere.
It is important to note that this measure does not seek to diminish the CRTC's authority. I have repeated that three times now. Canada is a diverse country with provinces and territories that have distinct cultural identities. As my colleague mentioned earlier, this diversity needs to be celebrated and reflected in regulatory decisions concerning aspects as crucial as broadcasting.
The bill provides the provinces with the necessary assurance that their voices will be heard during the CRTC's decision-making process. With respect to consulting governments of other provinces about aspects that concern francophone markets or the francophonie, this inclusion fully recognizes the francophonie outside Quebec. This provision highlights the importance of taking the perspectives of all provinces with sizable francophone populations into account.
It is important to note that Quebec is not alone in its attachment to the French language. Other provinces and territories, such as New Brunswick, Manitoba, Alberta, Yukon and Ontario, have vibrant, dynamic francophone communities. These communities make a significant contribution to Canada's cultural diversity and play an essential role in preserving and promoting the French language.
In closing, it is time to assert our right to develop our culture and ensure that broadcasting mechanisms come under our control. Creating an independent organization is not just a political issue; it is about preserving our identity, our language and our cultural heritage. It is time to take action and give Quebec the means to shape its cultural future as it sees fit.
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