An Act to amend the Canadian Radio-television and Telecommunications Commission Act (Quebec’s cultural distinctiveness and French-speaking communities)

Sponsor

Mario Beaulieu  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

In committee (House), as of Feb. 28, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-354.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canadian Radio-television and Telecommunications Commission Act to provide that the Commission must, in furtherance of its objects and in the exercise of its powers, consult with the Government of Quebec or the governments of the other provinces, as the case may be, before regulating aspects of the Canadian broadcasting system that relate to the cultural distinctiveness of Quebec or that concern French-speaking markets.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Feb. 28, 2024 Passed 2nd reading of Bill C-354, An Act to amend the Canadian Radio-television and Telecommunications Commission Act (Quebec’s cultural distinctiveness and French-speaking communities)

Canadian Radio-television and Telecommunications Commission ActPrivate Members' Business

February 15th, 2024 / 6:10 p.m.
See context

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I am pleased to take part in this debate on Bill C‑354, which was introduced by the Bloc Québécois.

The Bloc Québécois's bill seems pretty straightforward. It states:

The Commission shall consult with the Government of Quebec about the cultural distinctiveness of Quebec and with the governments of the other provinces about the French-speaking markets in those provinces before furthering the objects and exercising the powers referred to in subsection (1) in respect of the aspects of the Canadian broadcasting system that concern those matters.

This seems like a fairly simple request for consultation, and it would require the CRTC to consult Quebec and the provinces.

Of course, I support the principle that the Government of Quebec should have the opportunity to express itself, especially when it comes to Quebec's cultural distinctiveness. The Government of Quebec and the National Assembly of Quebec are not shy about making their position known, especially when it comes to protecting the French language and Quebec culture.

As Conservatives, we on this side of the House recognize that French is the only official language that is in decline in Canada. As such, we have an essential role to play in protecting it.

To continue the debate, I would like to come back to Bill C-11, which amended the Broadcasting Act. The Government of Quebec had called for specific amendments to this bill so that Quebec's concerns would be heard.

In February 2023, Quebec's minister of culture and communications, Mathieu Lacombe, wrote to the then minister of Canadian heritage. I will read some excerpts from that letter to provide some context for the Bloc Québécois bill. At the time, the Bloc refused, for months, to convey this request from Quebec's elected officials to the House of Commons.

I will now quote Minister Mathieu Lacombe:

It is essential, both in Bill C‑11 and in its implementation by the CRTC, that Quebec's cultural distinctiveness and the unique reality of the French-language market be adequately considered. I would like to reiterate our demand that a formal, mandatory mechanism for consultation with the Government of Quebec be set out in the act to that effect....[Quebec] must always have its say before any instructions are given to the CRTC to direct its actions under this act when its actions are likely to affect companies providing services in Quebec or likely to have an impact on the Quebec market....

This letter that came from the Government of Quebec was sent to the Minister of Canadian Heritage. Unfortunately, as far as we can tell, it seems that no one in the Liberal government saw fit to respond to this request. There was complete radio silence after that letter.

However, on this side of the House, the Conservatives heard this plea. The member for Louis-Saint-Laurent and the member for Charlesbourg—Haute-Saint-Charles rose in the House several times to urge the government to receive the Quebec minister in committee in order to hear what Quebec was asking for and determine how Bill C‑11 could contribute to ensuring that the act takes Quebec's cultural distinctiveness into account. That is something tangible. We had a tangible request from Quebec to be heard on a bill that would have considerable repercussions on Quebec's cultural distinctiveness and on Quebec's language. We felt it was important to grant this request and allow the Quebec minister to come testify in committee.

Allow me to quote an article from La Presse from February 14, 2023. That was a year ago almost to the day. The headline of the article read, “Broadcasting Act reform: Conservative Party supports Quebec's request for a say”. That about sums it up.

I think La Presse hit the nail pretty much on the head. I will read some of the article:

The Conservative Party is urging the [Prime Minister's] government to refer Bill C‑11, which seeks to modernize the Broadcasting Act, to a parliamentary committee in order to examine Quebec's request for the bill to include a mandatory mechanism requiring the province to be consulted to ensure that the CRTC protects Quebec's cultural distinctiveness.

That article was written by Joël‑Denis Bellavance, someone who reliably reports the facts.

A little further on in the article, it talks about what happened here in the House of Commons when we discussed this issue. It states, and I quote:

In the House of Commons on Tuesday, the Conservative member [for Charlesbourg—Haute-Saint-Charles] and his colleague [from Louis-Saint-Laurent] both questioned [the heritage minister] on this subject and urged him to consider Quebec's “legitimate request”.

The article goes on to quote the question that was asked that day:

“[The] Quebec government is urging the Liberal government to include a mechanism for mandatory consultation in Bill C-11 to ensure the protection of Quebec culture....Do the Prime Minister and the Bloc agree with Minister Lacombe when it comes to Quebec culture and the fact that the government needs to send the bill to committee?” asked the member [for Charlesbourg—Haute-Saint-Charles].

That is a very legitimate question that was asked in response to the letter published the day before by journalist Joël-Denis Bellavance.

The answer given by the then minister of heritage was rather cold. It was more of a diversionary tactic. The minister completely avoided my colleague's question. Instead, he chose to go on the attack and to completely avoid answering the simple question about the fact that the Quebec minister of culture and communications was asking to appear before the parliamentary committee.

During the same question period, my colleague from Louis-Saint-Laurent raised the issue again. I would like to quote from the article and the question at the same time:

“[H]ow can a member from Quebec, a minister from Quebec, refuse to listen to the demands of the Government of Quebec? I understand that the purpose of Bill C-11 is to centralize power in Ottawa, with help from the Bloc Québécois, which I might have to start calling the ‘centralist bloc’”, fumed [my colleague from Louis-Saint-Laurent].

Members will understand the reason for his anger, not only toward the governing party, the Liberal Party, but also toward the Bloc Québécois. The Liberal minister came out with a sledgehammer argument. Instead of answering the question and granting the Quebec minister of culture and communications' legitimate request to appear in committee, the then minister of heritage accused the Conservative Party of trying to stall the bill's passage again. It was as though asking to hear from the minister of a duly elected government was not a good enough reason to slightly delay a bill's passage in order to find out what Quebec had to say. That is unacceptable.

In his letter, Minister Lacombe argued that, as the “heartland of the French language and francophone culture in America”, Quebec considered it “vital to have a say in these instructions”. It seems to me that the committee should have listened to what Minister Lacombe had to say.

My colleague from Louis-Saint-Laurent moved a motion in committee. Unsurprisingly, the Liberal Party voted against that motion, which was intended to allow a discussion of the amendments proposed by the Senate and Quebec's request. Again unsurprisingly, the NDP sided with the Liberals. How did the Bloc Québécois member vote in committee? Did he seize the opportunity to be the voice of reason, speaking on behalf of Quebec and Quebeckers? After a formal letter from the Government of Quebec and a unanimous motion from the National Assembly, which side did the Bloc Québécois take?

The answer will shock everyone, even our our viewers: The Bloc Québécois voted against the common-sense motion moved by my colleague from Louis-Saint-Laurent, which would have allowed the voice of a Quebec minister to be heard in committee. At the time, not only did we agree in principle, but we took concrete action to ensure that the Government of Quebec would be heard.

Now let us see how negotiations unfold in committee, so we can find out whether everyone really meant what they said.

The House resumed from November 30, 2023, consideration of the motion that Bill C‑354, An Act to amend the Canadian Radio-television and Telecommunications Commission Act (Quebec’s cultural distinctiveness and French-speaking communities), be read the second time and referred to a committee.

Canadian Radio-television and Telecommunications Commission ActPrivate Members' Business

November 30th, 2023 / 6:20 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is a pleasure to rise to address Bill C-354, for a number of reasons. For me personally, as I indicated in a question to the Bloc a little earlier this evening, I want to recognize Quebec and how, as a community and a province, it has evolved to what it is today.

I have had many discussions throughout my political career, going back to the mid-1980s and then in 1988 when I was elected back in the Manitoba legislature, about Canada's diversity, and in particular how Quebec really does stand out in many ways. I have worked with many politicians from Quebec over the years, whether members of Parliament or others, and one gains an appreciation for their advocacy for arts and culture.

I do not believe other provinces do not have that same sort of strength of character and diversity, but what I have seen over the years is that it is held a little closer to the heart in Quebec, and I truly appreciate that. However, I also value the diversity of my home province of Manitoba, or even the Prairie regions.

The member made reference to the Quebec French factor, if I can put it that way. Although I cannot speak French or do not necessarily have the courage to say it out loud, and I might think of it in my mind at times, I am very proud of the community of St. Boniface in Winnipeg.

My great-great-grandfather, and there might even be a third great, is from St-Pierre-Jolys, and his family went to live just outside Montreal over 100 years ago. I really do appreciate and love the French factor, or the culture, that has evolved in Quebec and will do what I can to encourage it and promote it.

I like to think there is some uniqueness we all love. I was a big Montreal Habs fan, for example. Well, today it is the Winnipeg Jets, but when I was growing up we did not have the Jets. I do not want to betray my own city. I also like poutine. Maple syrup, and I believe poutine, originate out of Quebec. Poutine is a great dish, and maybe I have it a little too often at times.

The point is we have seen so many artists come out of Quebec, and a lot of the pride that stems out of provinces ultimately leads to superstars around the world. We should do what we can to support it, which is one of the reasons I have been very supportive of other government pieces of legislation.

Having said all of that, I am also a fairly strong advocate of the role the CRTC plays. Sometimes it frustrates me. Sometimes there are things happening in Manitoba in particular, where I maybe would have liked to see more competition of sorts, but more programming to deal with the diversity of our communities. At the end of the day, I recognize it already does an extensive amount of consultation. I know provinces will often intervene with the CRTC when there are decisions being made.

When I think of the CRTC into the future, I see its role ultimately expanding. If we compare 30 years ago to today, there is now the Internet and a whole area that is fairly new. I believe the CRTC plays an important role in many forms of communication nowadays. However, when it comes to our culture and heritage, and making sure that we do what we can to promote and preserve it, I would suggest that it is important that we make sure there is a consultation that continues on.

Canadian Radio-television and Telecommunications Commission ActPrivate Members' Business

November 30th, 2023 / 6:10 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

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.

Canadian Radio-television and Telecommunications Commission ActPrivate Members' Business

November 30th, 2023 / 6 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I am very pleased to rise in the House to speak to this important issue and this very interesting bill, which was introduced by our colleague from La Pointe-de-l'Île. I thank him for initiating this debate.

I am also very proud to be part of a political party that has recognized Quebec as a nation for many years, even before this Parliament did so. Other political parties did so too. We just heard the member for Louis-Saint-Laurent talk a little bit about that a few moments ago. I am not just mentioning it because he was motioning to me that I should emphasize that. It is true.

What is a nation? I am not going to give a sociology lesson, but I think that we can all agree that the things that define a nation are language, history, culture, institutions, lifestyle and other factors. Some of the essential components of culture are the singers and songwriters, music and TV shows we are exposed to. I was lucky to grow up in a house where we were surrounded by books, by Quebec and French literature, as well as by music by Quebec and French singers and songwriters. We listened to Félix Leclerc, Georges Brassens, Diane Dufresne, Claude Dubois and many others.

Because we were immersed in this atmosphere, we fell in love with the French language, with Quebec culture, with our Quebec songs and TV shows. Now I am about to say two things that will give away my age. First of all, when I was a kid, if we wanted to change channels, we had to get up off the sofa. There was a little dial on the television set, and there were not many stations either. Second, I am of the generation that grew up watching the original Passe-Partout.

The whole atmosphere of Quebec television and music shapes each generation and creates cultural touchstones. This builds connections between people and communities. We had these major television events that everyone tuned in to watch. They often reached the rest of Canada too if they were broadcast by Radio-Canada. The TV show Les Beaux Dimanches, for example, featured classical music and theatrical plays. It was broadcast everywhere.

These were major television events. It is important for us to have them, because it is important to preserve social cohesion and this bond that unites all Quebeckers and, if possible, all francophones across Canada. However, that bond is eroding over time. In my family, there are four children between the ages of 13 and 23. Their reality is completely changing, completely different. As a parent, I remember that the last big TV show in my house was Les Parent. We watched it as a family with the kids. There was also Les Bougon at one point. There is also Tout le monde en parle, which is still a great television event.

Of course we need a way to ensure that the CRTC's regulatory framework respects the linguistic and cultural requirements of Quebec, which is a nation. What Bill C‑354 proposes today is not all that complicated. It proposes that Quebec be consulted before any regulations are made and come into force if they relate to Quebec's cultural distinctiveness. This is no big deal. It is nothing revolutionary. I think it makes a lot of sense. It is just plain common sense, which should make my Conservative friends happy. We should be able to go knock on the door of the Government of Quebec to let it know about regulations that will impact broadcasting in Quebec, so that we can gather its feedback and figure out a way to work things out. I do not think that is asking too much at all.

As a New Democrat, I find it interesting that the Bloc Québécois's bill states the following: “to provide that the [CRTC] must, in furtherance of its objects and in the exercise of its powers, consult with the Government of Quebec or the governments of the other provinces, as the case may be, before regulating aspects of the Canadian broadcasting system that relate to the cultural distinctiveness of Quebec or that concern French-speaking markets”.

The bill therefore includes francophone minorities outside Quebec. That is very important to us, too, because this is not exclusive to the Government of Quebec, and it could be just as important for the CRTC to consult francophone communities outside Quebec, such as New Brunswick Acadians. Manitoba also has a sizable francophone community. This can have repercussions for those communities.

I think that, when Bill C‑354 goes to committee to be studied and improved by amendment, we absolutely have to make sure that representatives of francophone communities outside Quebec and Acadian communities can come and be heard. They should have a chance to tell us how they see this, whether they think it is a good thing, what the obligations should be and under what circumstances the CRTC would have an obligation to consult them or their provincial governments. This is something that matters very much to the NDP caucus. This is the kind of thing we will want to clarify, verify and maybe amend in committee.

I also think that the committee's study should include some reflection on the rules governing radio and television broadcasting of content in indigenous languages. There are two official languages, of course, one of which is and always will be endangered and vulnerable, given our demographic position in North America. However, there is also the recognition of indigenous nations, which are producing more and more interesting content in television and especially in music. I was at the ADISQ gala recently, and some very successful, talented people won awards. How can we make sure we do not forget about the cultural vitality of many indigenous nations, the Métis and the Inuit? They also need to be taken into consideration to ensure they are not shunted aside and forgotten, as they were for far too long in the past.

I think we also need to collectively reflect on how to make francophone and Quebec content more attractive, but also more accessible and discoverable. There are some absolutely extraordinary musical works, TV shows, videos and movies out there. How do we make sure that they are seen by our young people, teenagers and young adults? How do we make sure that this content, which is truly a reflection of who we are here in Quebec, Canada or North America, can be seen, heard, listened to and shared?

My fear, which I shared a bit earlier today, is that we do not live in the same environment as the one I grew up in, where I had to get up off the sofa to change the channel. The vast majority of the content that is promoted to our young people comes from the U.S. and is in English. I think that we need to reflect on this and find a way to give make these works and this Quebec and francophone content easier to access.

It is hard because we cannot go into every teenager's iPhone or iPad and tell them what they should do or listen to. I think this is an extremely serious cultural problem: the loss of major television events and the fact that our cultural offerings often come under the heel of American imperialism. Our offerings are so fragmented and so broad that it makes us wonder how we are going to be able to legislate and regulate all this. Can we really have a francophone and Quebec culture that is going to be vibrant, attractive and seen, but also profitable? These artists and artisans need to be able to make a living from their work, after all.

I think that we need to do a lot of collaborative thinking. We started to do so awhile back with Bill C-11 on discoverability, on the idea of forcing these digital platforms to promote French-language content and make it visible. These international companies are highly resistant to any attempt to force them to put prompts on their home pages to ensure that these songs, movies and TV shows are accessible and profitable. We can no longer rely on the traditional over-the-air channels to present these works. They need to be on YouTube, Netflix and Spotify. They need to be discoverable. There needs to be a French or Quebec category. How can we ensure that these web giants accept the unique status of Quebeckers and francophone minorities outside Quebec in order to make that possible? We need to find the right restrictions or incentives to make that happen. I think that this bill is a good start when it comes to consulting the Government of Quebec, but we need to put our heads together to take this a lot further.

Canadian Radio-television and Telecommunications Commission ActPrivate Members' Business

November 30th, 2023 / 5:45 p.m.
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Liberal

Helena Jaczek Liberal Markham—Stouffville, ON

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.

Canadian Radio-television and Telecommunications Commission ActPrivate Members' Business

November 30th, 2023 / 5:25 p.m.
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Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

moved that Bill C‑354, An Act to amend the Canadian Radio-television and Telecommunications Commission Act (Quebec's cultural distinctiveness and French-speaking communities), be read the second time and referred to a committee.

Madam Speaker, the Bloc Québécois's Bill C‑354 seeks to amend the Canadian Radio-television and Telecommunications Commission Act so that the CRTC must consult with the Government of Quebec about the cultural distinctiveness of Quebec and with the governments of the other provinces about their French-speaking markets before carrying out its mandate and exercising its powers with regard to aspects of the Canadian broadcasting system that relate to those things.

Essentially, Bill C‑354 seeks to protect Quebec's cultural distinctiveness and the francophone community in the enforcement of the new Canadian Radio-television and Telecommunications Commission Act. That involves organizing consultations with the Government of Quebec and the provincial governments before regulating aspects that relate to the cultural distinctiveness of Quebec.

This bill responds to an official request from the Government of Quebec during the debates surrounding Bill C‑11 for the federal government to set up a mandatory, formal consultation mechanism with the Government of Quebec. Quebec wants to have its say before the CRTC takes any action that could affect businesses providing services in Quebec or the Quebec market. The motion adopted by the Quebec National Assembly in this regard specifies that Quebec intends to use all of the tools at its disposal to protect its language, culture and identity.

Bill C‑354 also constructively responds to the federal government's disturbing decision last year to end the tradition of alternating the CRTC chairship between francophones and anglophones. The bill is also consistent with the House of Commons' recognition that Quebeckers form a nation. Quebeckers form a distinct people, a nation with a unique identity based on our history, and particularly on our culture and language. It is only natural, and even essential, for a nation to manage its culture. Access to Quebec's common public language and culture allows newcomers to participate in and enrich Quebec society, and to enjoy the same rights and obligations as every Quebecker.

The idea of being sovereign in telecommunications management is not new. In 1929, Quebec Premier Louis-Alexandre Taschereau passed the law governing broadcasting in that province. However, instead of working with Quebec, in 1932, Ottawa responded to Taschereau's idea by creating the Canadian Radio Broadcasting Commission, the forerunner of the current CRTC, under the Canadian Broadcasting Act. The idea of being sovereign in telecommunications management remained alive, despite federal interference.

In 1968, Quebec Premier Daniel Johnson said the following:

The assignment of broadcasting frequencies cannot and must not be the prerogative of the federal government. Quebec can no longer tolerate being excluded from a field where its vital interest is so obvious.

Between 1990 and 1992, the Quebec minister of communications at the time, Liberal Lawrence Cannon, prepared a draft Quebec proposal that read as follows:

Quebec must be able to establish the rules for operating radio and television systems, and control development plans for telecommunications networks, service rates and the regulation of new telecommunications services.... Quebec cannot let others control programming for electronic media within its borders.... To that end, Quebec must have full jurisdiction and be able to deal with a single regulatory body.

In 2006, that same Lawrence Cannon became a minister in the Conservative cabinet under Prime Minister Stephen Harper.

On April 9, 2008, Liberal ministers Christine Saint‑Pierre and Benoît Pelletier sent a letter to the Conservatives in Ottawa—Josée Verner and Rona Ambrose at the time—to conclude repatriation agreements in the culture, broadcasting and telecommunications sector.

This is what it said:

The purpose of this letter is to express the will of Quebec to engage, as soon as possible, in discussions on concluding a Canada-Quebec agreement on the communications sector...and a Canada-Quebec agreement on culture.

Considering the distinct culture of Quebec, the only French-speaking state in North America, we believe that concluding such an administrative agreement would make it possible to better reflect the specific characteristics of Quebec content in broadcasting and telecommunications, and would serve as recognition of the importance of protecting and promoting Quebec's specific culture.

The Bloc Québécois is convinced that telecommunications and broadcasting are of capital importance for the vitality of Quebec culture. That is clear. That is why we are of the opinion that, ultimately, these sectors need to be regulated by Quebec. This should happen under a Quebec radio-television and telecommunications commission, a QRTC. That is the only approach that would allow us to have full control, to be masters of the decisions that concern our language and culture.

Quebec must have the tools needed to promote a diversified Quebec offer in the television markets and on digital platforms, which are increasingly predatory. As the serious media crisis in the province shows, from the small regional newspapers to the restructuring of Groupe TVA, it is crucial to maintain a francophone diversity of information sources and plurality of voices, regardless of the size of the media group.

Furthermore, the Internet deployment strategy must be better aligned with Quebec’s interests, particularly to ensure the right to a stable, affordable, quality connection. Quebec’s cultural development hinges on the ability to determine its own transmission terms, namely for television, radio and new media. Should the government of Quebec deem that a decision goes against the public interest, it is the National Assembly that would call for a review.

The closure of radio station CKAC in 2005 illustrates the government of Quebec’s inability to influence decisions that directly impact its duty to develop, promote and disseminate our culture. Despite a unanimous motion from the National Assembly, adopted on March 10, 2005, calling for CKAC to stay on the air, the CRTC kept silent and allowed this historic radio station to shut down.

Furthermore, this is not even a partisan issue in Quebec. All governments since the Taschereau era have argued for Quebec's independence in managing its telecommunications. It is therefore particularly frustrating to run into refusals or downright ignorance. The many times Ottawa has stayed silent demonstrate contempt, if not federal indifference, toward Quebec’s culture and its political institutions.

That said, our right to develop our own culture will not be won through the courts. The Supreme Court of Canada has repeatedly ruled that telecommunications and broadcasting fall under federal jurisdiction. However, the members of the House of Commons have the authority to delegate this administrative power if they are willing to do so. One such agreement already exists. The Royal Canadian Mounted Police delegated its powers to the Sûreté du Québec to protect the province. The Sûreté du Québec manages interprovincial heavy transportation and issues freshwater fishing licences. All it would take is a bit of political will to sign an administrative agreement that would change the fate of Quebec culture.

If it so wished, the federal government could change the Broadcasting Act and the Telecommunications Act today to include such an administrative agreement. This is how EI pilot projects are integrated into the Employment Insurance Act.

Introducing Bill C‑354 is a modest attempt to ensure that Quebeckers enjoy a modicum of respect when it comes to their right to culture and managing their telecommunications. It is the least that can be done.

In an ideal world, the Quebec government would pass legislation to create a Quebec radio-television and telecommunications commission, a QRTC. The CRTC could then delegate the management of Quebec's licenses to the QRTC, which would regulate telecommunications and broadcasting companies that operate in Quebec. This would remedy the injustice that has persisted for a hundred years.

The decline of the French language and culture is undeniable. It is now crucial that we take the necessary steps to protect them.

We therefore invite members from all parties who care about Quebec culture and the francophone community to vote in favour of our bill.

Canadian Radio-television and Telecommunications Commission ActRoutine Proceedings

September 19th, 2023 / 10:05 a.m.
See context

Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

moved for leave to introduce Bill C-354, An Act to amend the Canadian Radio-television and Telecommunications Commission Act (Quebec’s cultural distinctiveness and French-speaking communities).

Mr. Speaker, we in the Bloc Québécois like to stress that a nation must not leave its own culture in the hands of its neighbour. That is exactly why I am tabling this bill today.

This bill provides that the CRTC must consult the Government of Quebec before regulating any aspect that relates to the cultural distinctiveness of Quebec. It responds to a formal request made by the Government of Quebec during the debates around Bill C-11 for a mandatory and official mechanism for consulting the Government of Quebec.

This bill is also in line with the House's recognition of Quebec as a nation. It is a constructive response to the disturbing decision made by the federal government last year to end the long-standing practice of alternating between francophone and anglophone chairs of the CRTC.

The bill also provides that provincial governments must be consulted before regulations are made that concern French-speaking markets. That will no doubt be well received by every francophile in Canada and every advocate for cultural diversity in a broader sense.

(Motions deemed adopted, bill read the first time and printed)