Reform of the Broadcasting Act | Quebec demands a right of scrutiny

(Ottawa) The Legault government is urging Ottawa to include in Bill C-11, which aims to modernize the Broadcasting Act a mandatory Quebec consultation mechanism to ensure that the Canadian Radio-television and Telecommunications Commission (CRTC) protects Quebec’s cultural specificity.

Quebec’s Minister of Culture and Communications, Mathieu Lacombe, sent a three-page letter on the matter to Minister of Canadian Heritage, Pablo Rodriguez, as elected officials in Ottawa are essentially undertaking the final stages of the study of the Bill C-11.

In addition to modernizing the Broadcasting Act, Bill C-11 aims to update Canada’s streaming rules to incorporate the market presence of online streaming giants such as YouTube, Netflix and Spotify. This reform would require them to contribute Canadian content and make it available to users in the country – under penalty of heavy penalties.

Two weeks ago, the Senate passed the bill with about ten amendments. The amended bill must therefore be reconsidered and passed by the House of Commons before receiving Royal Assent.

However, Quebec believes that there are serious shortcomings in the latest version of the bill. First and foremost, the absence of a formal consultation mechanism from the Quebec government before the CRTC adopts regulations affecting digital platforms.

At least that is what Minister Lacombe argues in his letter dated February 4 that he sent to Minister Rodriguez.

“It is essential, both in Bill C-11 and during its implementation by the CRTC, that the cultural specificity of Quebec and the specific reality of the French-language market be adequately considered. In this regard, I reiterate our demand that a mandatory and official consultation mechanism of the Government of Quebec be provided for in the Act for this purpose,” Minister Lacombe wrote.

“We consider it essential to have a right of scrutiny over these instructions, Quebec being the home of the French language and the French-speaking culture in America,” he argued.

Amendments under consideration

Minister Lacombe is also concerned about the scope of an amendment to the bill passed by the Senate. According to him, this amendment, which was proposed by Senator René Cormier, does not ensure that online businesses are subject to Quebec laws regarding the status of the artist. This amendment absolutely needs to be clarified.

“We are of the opinion that this amendment […] does not fully achieve the intended purposes of clarification and no longer reflects the principle that online businesses are generally subject to the laws of Quebec and the provinces on the status of the artist. Reference to the Canada Labor Code does not seem to us to be sufficient to dispel doubts as to the obligations of online companies,” the Minister pointed out.

Ten days ago, Minister Rodriguez indicated that he hopes the House of Commons will pass the bill quickly after considering the amendments proposed by the Senate.

During consideration of C-11, senators made changes aimed at protecting user-generated content and promoting Indigenous languages ​​and Black content creators.

They also included an amendment that would prohibit CBC/Radio-Canada from producing sponsored content. Another amendment would require companies to verify the age of users before they access sexually explicit material.

The Minister of Canadian Heritage also indicated that the Trudeau government did not intend to accept all the Senate amendments. But he did not specify which ones could be discarded.

The requests made by the Legault government in the letter sent by Minister Lacombe could lead to other delays. But Mr. Lacombe has indicated that Quebec is adamant about these changes.

“Although Quebec would like this bill to be adopted and implemented as soon as possible, we believe that it must be done under conditions that ensure compliance with the legislative jurisdiction of Quebec and that these conditions are not currently met, ”he wrote in his letter.