Canadian Heritage Committee on June 18th, 2024

[The Chair, Liberal, Hedy Fry]

I call this meeting to order.

Welcome to meeting number 126 of the House of Commons Standing Committee on Canadian Heritage. I would like to acknowledge that this meeting is taking place on the unceded traditional territory of the Algonquin Anishinabe people.

Pursuant to the order of reference of Wednesday, February 28, 2024, the committee is resuming its consideration of Bill C‑354.

We're going to begin, and I'm going to give you the usual housekeeping speech. Please read the little card you have on the table in front of you, witnesses. Because of sound quality, we need to make sure you don't have any devices, such as your hearing devices, close to your microphones. There's a little decal on your table. Can you put it face down on that when you're not using it? Also, you have to use the black earphones and not your own. We're not allowed to take photographs, because this is going to be put on the website anyway, and you'll be able to get what you'd need out of it.

We're in a hybrid form, and for those of you who are virtual—I think Niki Ashton is virtual—when you need to speak, please raise your hand on your website. For those of you who are in the room, please put your hand up, and I'll recognize you based on when you put your hand up, or at least we will try. Please wait until I recognize you by name before speaking.

I now want to welcome our witnesses. I want to thank you for waiting, because normally we were supposed to start at four o'clock. We're half an hour late, but votes occurred, and they tend to push things back a little bit.

From 4:30 to 5:20, we're going to have witnesses from the Canadian Radio-television and Telecommunications Commission, the CRTC. It's represented by Scott Shortliffe, executive director of broadcasting; Scott Hutton, chief of consumer, research and communications; and Rachelle Frenette, legal counsel. Welcome.

You have five minutes to present, not each of you, but one of you, on behalf of CRTC. You probably know who that's going to be, so we shall begin for five minutes, please.

Mr. Shortliffe.

[Scott Shortliffe, Executive Director, Broadcasting, Canadian Radio-television and Telecommunications Commission]

Good afternoon, and thank you for inviting us to appear in front of your committee.

Before we begin our remarks, I would also like to thank the Algonquin Anishinabe people for having us here as a guest on their unceded, unsurrendered territory. I'd also like to thank them for being stewards of the land and waters in this area since time immemorial.

I'm Scott Shortliffe, executive director of broadcasting. I'm joined by my colleagues Scott Hutton, chief of consumer and research; and Rachelle Frenette, general counsel.

Before we get to your questions, we'll briefly touch on two things. The first is the CRTC's role with respect to official languages and official language minority communities. We have decided to divide our five minutes. My colleague, Scott Hutton, will speak briefly on French culture and how it's been reflected in our decisions and as a result of our recent proceedings.

Starting with our role, as you know, the CRTC is an independent quasi-judicial tribunal that regulates the Canadian communications sector in the public interest. We hold open public hearings on telecommunications and broadcasting matters and make decisions based on that public record. We're responsible for achieving the policy objectives of the Broadcasting Act. The Act recognizes, among other things, that the English- and French-speaking communities have different requirements. We must consider the impact of our decisions with this in mind. In fact, the Online Streaming Act stated specifically that while the two communities share common aspects, it is our duty to consider “the minority context of French in North America”. This is something we strive to do in all of our decisions.

Over the years, the CRTC has established regulatory policies that take into account the different needs of the French-language market. These include, for example, the requirement that French-language commercial radio stations play a certain percentage of French-language music each week. We also require broadcasters in Canada to make certain culturally relevant channels available in markets where there are official language minority communities. These include important French-language channels such as TVA, ICI-RDI and MétéoMédia. These measures are, in part, how we are fulfilling the mandate given to us by the Broadcasting Act to make English- and French-language broadcasting of equivalent access and quality across Canada.

[Scott Hutton, Chief of Consumer, Research and Communications, Canadian Radio-television and Telecommunications Commission]

I'll echo the comments made by my colleague, Scott Shortliffe, at the start of our remarks. As an independent and quasi‑judicial tribunal, the CRTC makes decisions based on the evidence submitted on the public record of its proceedings. We build that record by seeking input from the public and interested parties. This includes both English‑speaking and French‑speaking communities across Canada.

Additionally, the views of Quebec are well‑represented in our processes through the input that we receive from Quebeckers and interested parties. These parties include the Association québécoise de l'industrie du disque, du spectacle et de la video; the Union des artistes; the Alliance des producteurs francophones; and the Quebec government. To give an example, a number of French‑speaking groups and communities took part in our recent proceeding to implement the new Broadcasting Act. Organizations such as Audition Québec, community stations such as Télévision communautaire du Témiscamingue and province‑wide stations such as Télé‑Québec provided input. The Quebec government itself, through input from the culture and communications department, spoke about the importance of Quebec's support for its broadcasting system and argued that Quebec broadcasters shouldn't be penalized for receiving that provincial support.

Based on the public record and all the input provided, we identified French‑language content and official language minority communities as two areas that need immediate support. Our decision to impose a base contribution for Canadian content streamed online, published earlier this month, ensures funding in this area.

This is just one example of many. French‑speaking communities from across the country provide valuable input in all CRTC proceedings, including on the implementation of the Online News Act, the creation of the Internet Code and the review of the Wireless Code, just to name a few.

[The Chair, Liberal, Hedy Fry]

You have 35 seconds.

[Scott Hutton]

We're required by the Broadcasting Act to ensure that French‑language and official language minority communities have access to broadcasting that meets their needs. We do this by basing every decision on the public record that we build through open and transparent consultations.

We're committed to maintaining a constant dialogue with all our partners, so that we can continue our work and build on our track record of success in this area.

Thank you. We look forward to your questions.

[The Chair, Liberal, Hedy Fry]

Thank you very much.

Now, we're going to go to the question and answer period. The first round is a six-minute round, and the six minutes include the question and the answer.

I'm going to begin with the Conservatives and Mr. Gourde for six minutes, please.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Thank you, Madam Chair.

I want to thank the witnesses for joining us today.

In its current form, does Bill C‑354 contain any factors that bind the CRTC in its day‑to‑day operations?

[Scott Hutton]

As we outlined somewhat strategically in our opening remarks, we're consulting all communities in a fairly comprehensive manner. We focus on all aspects of the act—particularly part 3— that address the French fact, Quebec culture and official language minority communities. We pay particular attention to these matters, as we do to various aspects of CBC/Radio‑Canada.

We're really looking into these issues. We have a great deal of participation from various companies and public stakeholders in our records. This basically gives the CRTC the full scope of the French fact, francophone culture and Quebec culture.

In the bill before us, we understand that we're being asked to do something more. At this point, with the CRTC's workload, I must respectfully admit that this means asking us to take an extra step when time is running out to implement the new version of the Broadcasting Act.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Is a brief submitted by the Quebec government as important as a brief submitted by an organization? Do you treat them equally or, since the brief comes straight from the Quebec government, the National Assembly, do you pay close attention to it?

[Scott Hutton]

We pay close attention to all input provided, especially input based on fairly comprehensive data, research and viewpoints. Whenever the culture and communications department or any other Quebec government department provides input, we pay close attention.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Have departments from other provinces or provincial governments themselves ever submitted briefs?

[Scott Hutton]

Yes, there are a number of them. Some provinces are more active than others. Of course, right now, the northern part of the country is getting a great deal of attention and the territories are providing input. Provinces where production generates a considerable impact, such as Ontario and British Columbia, are also very active with the CRTC.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

I liked the fact that you spoke about the specific nature of the French language. It's so important to take this into account in order to protect the language in Canada.

You spoke about some concrete measures that you took, but it wasn't clear. Can you elaborate on them or state them again?

[Scott Hutton]

I'll let Mr. Shortliffe talk about his recent decision.

[Scott Shortliffe]

Thank you.

There are two aspects. First, there are the previous decisions. For example, I spoke about the 65% minimum proportion of French‑language content on commercial radio. The goal is to preserve the French language. This percentage is much higher than the minimum proportion of English content.

Second, there are the recent decisions. We allocated a certain amount to production funds, divided between the production of English and French content. However, we required that 40% of the funds be earmarked for the production of French content. Digital companies will have some flexibility. If they don't invest in the production of Canadian content, in English or in French, they must contribute to the Canada Media Fund to ensure the production of French content. This 40% threshold matters. French content in North America is now facing more pressure. The CRTC has decided to allocate more resources to the production of French content.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Can you reassure us that francophone minority communities outside Quebec are very active in the CRTC consultations? Do you talk to them, or do they very often talk to you on their own initiative?

[Scott Hutton]

Our official languages champion, Ms. Frenette, will be able to tell you more about this, but, for many years, at the CRTC, we have had a joint working group that includes representatives of the country's official language minority communities, both anglophone and francophone, and we have been trying to have discussions.

It's not a decision-making forum. Because we are a tribunal, decisions are made elsewhere. However, we obviously try to explain and spread out future decisions and processes over time, so that those communities can prepare to consult us properly in the proceedings. Similarly—

[The Chair, Liberal, Hedy Fry]

You have 35 seconds.

[Scott Hutton]

—when a decision is made, we meet with the representatives of those communities to give them an update, to explain it to them and to get their feedback.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Has a government ever contradicted a group in its province on an issue where the two positions are diametrically opposed?

[Scott Shortliffe]

When we listen to them, there are a number of key things. It is important to have the point of view of governments and the private sector.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Thank you, Mr. Shortliffe.

Thank you, Madam Chair.

[The Chair, Liberal, Hedy Fry]

Thank you very much.

I'll go now to the Liberals.

We will go to Taleeb Noormohamed for six minutes, please.

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Thank you, Madam Chair.

Thank you, witnesses, for being here with us today.

Mr. Shortliffe, you spoke a lot about the nature of programming that takes place. Mr. Hutton touched on the consultations that take place. How much is the Government of Quebec consulted, or how much feedback do they give you, on average, during the course of a year?

[Scott Shortliffe]

It really depends on what we're consulting on, to be honest. If it affects francophone interests and the interests of the Province of Quebec, we have a long record—I was looking at it before we came—of cases where they've intervened with us. It depends from year to year, and it depends on the subject.

I will say that certainly they've taken a great interest in how Bill C-11 will affect francophones and francophone production, not only in Quebec but across the country. We've seen them be more active, and we welcome that. We want to hear from all aspects of Canada, and we have a special interest in ensuring that French is supported.