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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 36
Tuesday, June 14, 2022, 6:34 p.m. to 12:17 a.m.
Webcast
Presiding
Hon. Hedy Fry, Chair (Liberal)

• Laila Goodridge for Hon. Tim Uppal (Conservative)
• Rick Perkins for Rachael Thomas (Conservative)
• Arnold Viersen for Hon. Tim Uppal (Conservative)
• Elizabeth May (Green Party)
• Mike Morrice (Green Party)
House of Commons
• Dancella Boyi, Procedural Clerk
• Alexandre Longpré, Procedural Clerk
• Jacques Maziade, Legislative Clerk
• Philippe Méla, Legislative Clerk
• Erica Pereira, Procedural Clerk
• Marie-Hélène Sauvé, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
• Nancy Vohl, Procedural Clerk
• Danielle Widmer, Procedural Clerk
 
Library of Parliament
• Gabrielle de Billy Brown, Analyst
• Marion Ménard, Analyst
Department of Canadian Heritage
• Thomas Owen Ripley, Associate Assistant Deputy Minister
• Michel Sabbagh, Director General, Broadcasting, Copyright, and Creative Marketplace Branch
• Amy Awad, Senior Director, Marketplace and Legislative Policy
Pursuant to the order of reference of Thursday, May 12, 2022, and of the motion adopted by the House on Monday, June 13, 2022, the committee resumed consideration of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

Thomas Owen Ripley, Michel Sabbagh and Amy Awad made statements and answered questions.

The committee resumed clause-by-clause consideration on Clause 3 of the Bill.

On Clause 3,

Arnold Viersen moved, — That Bill C-11, in Clause 3, be amended by adding after line 15 on page 5 the following:

“(3.1) Paragraph 3(1)(d) of the Act is amended by adding the following after subparagraph (iv):

(v) seek to protect the health and well-being of children by preventing the broadcasting to children of programs that include sexually explicit content, and

(vi) safeguard the human rights of women and marginalized people by preventing the broadcasting of programs that include pornographic material that is produced through sexual exploitation or coercion;”

After debate, the question was put on the amendment of Arnold Viersen and it was negatived on the following recorded division:

YEAS: Peter Julian, John Nater, Rick Perkins, Arnold Viersen — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis, Kevin Waugh — 7.

Peter Julian moved, — That Bill C-11, in Clause 3, be amended by replacing lines 18 to 34 on page 5 with the following:

“(f) each broadcasting undertaking shall make maximum use, and in no case less than predominant use, of Canadian creative and other resources in the creation, production and presentation of Canadian programming, and shall contribute to the creation, production and presentation of Canadian programming to the greatest extent that is appropriate for the nature of the undertaking;”

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 9.

Martin Champoux moved, — That Bill C-11, in Clause 3, be amended by deleting lines 28 to 34 on page 5.

After debate, the question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: — 0;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 11.

Anthony Housefather moved, — That Bill C-11, in Clause 3, be amended by replacing lines 6 and 7 on page 6 with the following:

“production and broadcasting of original French language programs, including those from French lin-”

By unanimous consent, after debate, the question was put on the amendment of Anthony Housefather and it was agreed to.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-11, in Clause 3, be amended by adding after line 22 on page 6 the following:

“(5.1) Subparagraph 3(1)(i)(iv) of the Act is replaced by the following:

(iv) provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern and to directly participate in public dialogue on those matters through the community element; and”

Debate arose thereon.

Chris Bittle moved, — That the amendment be amended by adding the word "including" before the word "through".

After debate, the question was put on the subamendment of Chris Bittle and it was agreed to.

The question was put on the amendment of Elizabeth May, as amended, and it was agreed to.

Martin Champoux moved, — That Bill C-11, in Clause 3, be amended by adding after line 22 on page 6 the following:

“(5.1) Subparagraph 3(1)(i)(v) of the Act is replaced by the following:

(v) include the greatest possible contribution from the Canadian production sector, whether it is independent or affiliated with or owned by a broadcasting undertaking;”

After debate, the question was put on the amendment of Martin Champoux and it was agreed to on the following recorded division:

YEAS: Martin Champoux, Peter Julian, John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 6;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 5.

Tim Louis moved, — That Bill C-11, in Clause 3, be amended by adding after line 30 on page 6 the following:

“(6.1) Subparagraph 3(1)(m)(iv) of the Act is replaced by the following:

(iv) be in English and in French, reflecting the different needs and circumstances of each official language community, including the specific needs and interests of official language minority communities,”

After debate, the question was put on the amendment of Tim Louis and it was agreed to.

Peter Julian moved, — That Bill C-11, in Clause 3, be amended by replacing lines 37 and 38 on page 6 with the following:

“digenous persons — within community elements, which are positioned to serve smaller and remote communities, and other elements of the Canadian broadcasting system;”

After debate, the question was put on the amendment of Peter Julian and it was agreed to.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-11, in Clause 3, be amended by replacing lines 40 and 41 on page 6 with the following:

“persons with disabilities should be provided, as well as the opportunity for them to develop their own content and voices, within community elements and other elements of the Canadian broadcasting system;”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Peter Julian moved, — That Bill C-11, in Clause 3, be amended by replacing line 41 on page 6 with the following:

“Canadian broadcasting system, including through community broadcasting, as well as the opportunity for them to develop their own content and voices;”

After debate, the question was put on the amendment of Peter Julian and it was agreed to.

John Nater moved, — That Bill C-11, in Clause 3, be amended by adding after line 41 on page 6 the following:

“(p.1) programming that is accessible without barriers to persons with disabilities should be provided within the Canadian broadcasting system, including without limitation, closed captioning services and video services available to assist persons living with a visual impairment;”

After debate, the question was put on the amendment of John Nater and it was agreed to.

John Nater moved, — That Bill C-11, in Clause 3, be amended by deleting line 42 on page 6 to line 14 on page 7.

After debate, the question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 3, be amended by replacing line 1 on page 7 with the following:

“(i) allow for the discoverability of Canadian program-”

After debate, the question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

At 8:02 p.m., the sitting was suspended.

At 8:13 p.m., the sitting resumed.

Martin Champoux moved, — That Bill C-11, in Clause 3, be amended by replacing line 3 on page 7 with the following:

“cluding original French language programs, in an”

After debate, the question was put on the amendment of Martin Champoux and it was agreed to.

Peter Julian moved, — That Bill C-11, in Clause 3, be amended by adding after line 9 on page 7 the following:

“(iii) ensure the delivery of programming at affordable rates;”

After debate, the question was put on the amendment of Peter Julian and it was agreed to on the following recorded division:

YEAS: Martin Champoux, Peter Julian, John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 6;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 5.

Martin Champoux moved, — That Bill C-11, in Clause 3, be amended by replacing lines 12 to 14 on page 7 with the following:

“guages as well as in Indigenous languages, so as to generate results allowing its discovery; and”

After debate, the question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 5.

Peter Julian moved, — That Bill C-11, in Clause 3, be amended by adding after line 14 on page 7 the following:

“(s) the programming provided by the community element should

(i) be innovative and complementary to the programming provided for mass audiences,

(ii) cater to tastes and interests not adequately provided for by the programming provided for mass audiences and include programs devoted to culture, politics, history, health and public safety, local news and current events, local economy and the arts,

(iii) reflect Canada's communities, regions, Indigenous and multicultural nature, including through third-language programming,

(iv) support new and emerging Canadian creative talent, as a cost-effective venue for learning new skills, taking risks and exchanging ideas,

(v) through community participation, strenghten the democratic process and support countering disinformation, and

(vi) be available throughout Canada so that all Canadians can engage in dialogue on matters of public concern; and”

After debate, the question was put on the amendment of Peter Julian and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 11;

NAYS: — 0.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-11, in Clause 3, be amended by adding after line 14 on page 7 the following:

“(8) The Act is amended by adding the following after subsection 3(1):

(1.1) The Commission must ensure that resources required under subsection 3(1) are made available to those who require them.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rick Perkins, Tim Uppal, Kevin Waugh — 10.

Clause 3, as amended, carried on division.

On Clause 4,

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved:

That Bill C-11, in Clause 4, be amended

(a) by deleting lines 22 to 29 on page 7.

(b) by deleting lines 1 to 23 on page 8.

At 9:00 p.m., pursuant to an Order of the House adopted on June 13, 2022, the debate was interrupted, all remaining amendments submitted to the committee deemed moved and the Chair put the question, forthwith and successively without further debate, on all remaining clauses and amendments submitted to the committee.

The question was put on the amendment of Mike Morrice and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended

(a) by replacing lines 25 to 29 on page 7 with the following:

“is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them.”

(b) by deleting lines 1 to 23 on page 8.

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended

(a) by replacing lines 3 to 10 on page 8 with the following:

“in respect of which this Act applies, only if the following criteria are met:

(a) the program, uploaded to an online undertaking that provides a social media service, directly generates revenues for the upload;

(b) the program has been broadcast in whole by a broadcasting undertaking that”

(b) by replacing line 15 on page 8 with the following:

“(c) the program has been assigned a”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Peter Julian moved, — That Bill C-11, in Clause 4, be amended by replacing line 3 on page 8 with the following:

“in respect of which this Act applies, in a manner that is consistent with freedom of expression.”

The question was put on the amendment of Peter Julian and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 11;

NAYS: — 0.

John Nater moved, — That Bill C-11, in Clause 4, be amended by replacing line 8 on page 8 with the following:

“directly generates revenues;”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by replacing lines 19 to 23 on page 8 with the following:

“(a) in respect of which the user of a social media service who uploads the program does not receive revenues;

(b) in respect of which the owner of the copyright in the sound recording that is assigned a unique identifier under an international standards system contained in the program is not the one who uploads the program; or

(c) that does not contain any copyrighted works that are assigned a unique identifier under an international standards system.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $150,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $140,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $130,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $120,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $110,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $100,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $90,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

At 9:20 p.m., the sitting was suspended.

At 9:24 p.m., the sitting resumed.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $80,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $70,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $60,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $50,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $40,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $30,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $20,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $10,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $1,000,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $500,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 4, be amended by adding after line 23 on page 8 the following:

“(3.1) The regulations shall not prescribe a program of a broadcasting undertaking that generates annual revenues of less than $200,000.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Clause 4, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

On new Clause 4.1,

Peter Julian moved, — That Bill C-11 be amended by adding after line 23 on page 8 the following new clause:

“4.1 Subsection 5(1) of the Act is replaced by the following:

5 (1) Subject to the other provisions of this Act, to the Radiocommunication Act and to any directions issued to the Commission by the Governor in Council under this Act, the Commission shall regulate and supervise all aspects of the Canadian broadcasting system in order to implement the Canadian broadcasting policy and, in so doing, shall take into account subsections (2) and (3) as well as the conclusions of the annual report published under subsection (5).”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 10.

At 9:51 p.m., the sitting was suspended.

At 10:03 p.m., the sitting resumed.

On Clause 5,

Peter Julian moved, — That Bill C-11, in Clause 5, be amended by replacing line 38 on page 8 with the following:

“ation and production industry, particularly with respect to employment in Canada and Canadian programming, their contribution to”

The question was put on the amendment of Peter Julian and it was agreed to on division.

John Nater moved, — That Bill C-11, in Clause 5, be amended by adding after line 15 on page 9 the following:

“(e.2) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities;”

The question was put on the amendment of John Nater and it was agreed to.

John Nater moved, — That Bill C-11, in Clause 5, be amended

(a) by replacing, in the English version, lines 17 and 18 on page 9 with the following:

“ing out “and” at the end of paragraph (f) and by”

(b) by replacing line 25 on page 9 with the following:

“policy set out in subsection 3(1); and

(i) encourages all forms of competition to ensure that high-quality and innovative programming is made available to Canadians using the most effective technologies available at reasonable cost.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Peter Julian moved, — That Bill C-11, in Clause 5, be amended by adding after line 25 on page 9 the following:

“(4) Section 5 of the Act is amended by adding the following after subsection (4):

(5) As part of its supervision role, the Commission shall publish an annual report setting out, in particular,

(a) the number of Canadian and of foreign broadcasting undertakings operating wholly or partly in Canada;

(b) the number of jobs, including full-time equivalents, provided to Canadians and non-Canadians for each broadcasting undertaking and for the Canadian broadcasting system as a whole;

(c) the number of original Canadian programs in French, English and Indigenous languages broadcast by the Canadian broadcasting system;

(d) the average duration of the programs broadcast under paragraph (c);

(e) the number and diversity of broadcasting services offered in English and French to all Canadians, by mode of distribution; and

(f) whether or not the objectives of the Canadian broadcasting policy, particularly those set under sections 3(1)(a), (e), (f), (f.1) and (k), have been achieved.”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 10.

Clause 5, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

On Clause 6,

Peter Julian moved, — That Bill C-11, in Clause 6, be amended

(a) by adding after line 35 on page 9 the following:

“(1.1) The Commission shall consult with Black and other racialized communities in Canada when making decisions that could adversely affect them.”

(b) by replacing line 38 on page 9 with the following:

“(a) gather information, including relevant race-based and other demographic data, to test its policies, decisions”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 6.

Tim Louis moved, — That Bill C-11, in Clause 6, be amended by replacing, in the French version, lines 1 and 2 on page 10 with the following:

“c) obtenir l’opinion des communautés de langue officielle en situation minoritaire concernant les politiques, déci-”

The question was put on the amendment of Tim Louis and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Kevin Waugh — 9;

NAYS: — 0.

Clause 6, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

Clause 7 carried on division.

On Clause 8,

Martin Champoux moved, — That Bill C-11, in Clause 8, be amended by replacing lines 25 and 26 on page 10 with the following:

“(b) publish the representations”

The question was put on the amendment of Martin Champoux and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 11;

NAYS: — 0.

Clause 8, as amended, carried on division.

Clause 9 carried on division.

On Clause 10,

Anthony Housefather moved, — That Bill C-11, in Clause 10, be amended

(a) by replacing, in the French version, line 38 on page 11 with the following:

“doivent être des émissions de langue originale”

(b) by replacing, in the French version, line 4 on page 12 with the following:

“émissions de langue originale française;”

(c) by replacing lines 9 and 10 on page 12 with the following:

“grams and programming services, such as original French language programs;”

The question was put on the amendment of Anthony Housefather and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Kevin Waugh — 10;

NAYS: — 0.

At 10:35 p.m., the sitting was suspended.

At 10:53 p.m., the sitting resumed.

John Nater moved, — That Bill C-11, in Clause 10, be amended by deleting lines 3 to 5 on page 12.

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Peter Julian moved, — That Bill C-11, in Clause 10, be amended by adding after line 5 on page 12 the following:

“(d.1) the proportion of programs to be broadcast that are produced by Canadians from Black and racialized communities;”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 6.

Peter Julian moved, — That Bill C-11, in Clause 10, be amended

(a) by replacing line 22 on page 12 with the following:

“tion undertaking or an online undertaking that provides the programming services of other broadcasting undertakings to carry, on the terms and conditions”

(b) by replacing lines 24 and 25 on page 12 with the following:

“ming services specified by the Commission;”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Martin Champoux moved, — That Bill C-11, in Clause 10, be amended by replacing line 26 on page 12 with the following:

“(i) a requirement for a”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Lisa Hepfner moved, — That Bill C-11, in Clause 10, be amended by replacing line 27 on page 12 with the following:

“person carrying on an online undertaking that provides the programming services of other broadcasting undertakings in a manner that is similar to a distribution undertaking to carry pro-”

The question was put on the amendment of Lisa Hepfner and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

Peter Julian moved, — That Bill C-11, in Clause 10, be amended by adding after line 29 on page 12 the following:

“(i.1) a requirement for a person carrying on a broadcasting undertaking and entering into commercial arrangements with independent Canadian producers or independent Canadian broadcasting undertakings to adhere to collective terms of trade;”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis, Kevin Waugh — 6.

Peter Julian moved, — That Bill C-11, in Clause 10, be amended by replacing lines 37 and 38 on page 12 with the following:

“broadcasting undertaking;”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Martin Champoux moved, — That Bill C-11, in Clause 10, be amended

(a) by replacing lines 37 and 38 on page 12 with the following:

“broadcasting undertaking;”

(b) by replacing lines 39 to 41 on page 12 with the following:

“(n) the provision to the Commission, by broadcasting undertakings, of”

(c) by replacing line 44 on page 12 with the following:

“broadcasting undertakings, and”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Peter Julian moved, — That Bill C-11, in Clause 10, be amended

(a) by replacing lines 39 to 41 on page 12 with the following:

“(n) the provision to the Commission, by broadcasting undertakings, of”

(b) by replacing line 44 on page 12 with the following:

“broadcasting undertakings, and”

(c) by replacing, in the English version, lines 1 and 2 on page 13 with the following:

“(ii) their affiliation with any affiliates carrying on broadcasting”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Peter Julian moved, — That Bill C-11, in Clause 10, be amended by replacing line 9 on page 13 with the following:

“(ii) information related to programming, programming services available to Canadians and employment,”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Peter Julian moved, — That Bill C-11, in Clause 10, be amended by replacing line 9 on page 13 with the following:

“(ii) information related to programming, programming services offered to Canadians and employment,”

The question was put on the amendment of Peter Julian and it was negatived on division.

John Nater moved, — That Bill C-11, in Clause 10, be amended by adding after line 16 on page 13 the following:

“(1.1) Paragraph (1)(a) does not apply to online undertakings.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 10, be amended by adding after line 16 on page 13 the following:

“(1.1) Paragraph (1)(d) does not apply to online undertakings.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 10, be amended by adding after line 16 on page 13 the following:

“(1.1) Paragraph (1)(e) does not apply to online undertakings.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 10, be amended by adding after line 24 on page 13 the following:

“(3.1) Orders made under this section, other than orders made under paragraphs (1)(e) or (o), do not apply in respect of an online undertaking.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 10, be amended by adding after line 24 on page 13 the following:

“(3.1) Orders made under this section do not apply in respect of programs that are uploaded to an online undertaking that provides a social media service by a user of the service — who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Martin Champoux moved, — That Bill C-11, in Clause 10, be amended by replacing line 4 on page 14 with the following:

“French language original programs to be broadcast.”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 5.

Anthony Housefather moved, — That Bill C-11, in Clause 10, be amended by replacing, in the French version, line 6 on page 14 with the following:

“portion importante des émissions de langue originale française.”

The question was put on the amendment of Anthony Housefather and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 11;

NAYS: — 0.

John Nater moved, — That Bill C-11, in Clause 10, be amended by replacing lines 5 and 6 on page 14 with the following:

“(8) The Commission shall not make an order under this Act or the regulations that would require changes to, or the use of, a specific com-”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 10, be amended by adding after line 7 on page 14 the following:

“(8.1) The Commission shall not make an order under paragraph (1)(e) that would directly or indirectly impair or interfere with the operation of a broadcasting undertaking’s computer algorithm or source code if the computer algorithm or source code provides content to users of a service based on user preferences without restricting the showcasing or discoverability of Canadian programs.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Martin Champoux moved, — That Bill C-11, in Clause 10, be amended by replacing line 15 on page 14 with the following:

“at the request of either party to the negotiations and may, despite paragraph (1)(i), determine the terms and conditions of service that it considers acceptable if the parties do not reach an agreement.”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

John Nater moved, — That Bill C-11, in Clause 10, be amended by adding after line 15 on page 14 the following:

“(11) The Commission shall not make an order under paragraphs (1)(a) to (e) with respect to an online undertaking or class of online undertakings before updating the regulations made under paragraph 10(1)(b) to ensure their applicability to that undertaking or class of undertakings.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Clause 10, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

On Clause 11,

Peter Julian moved, — That Bill C-11, in Clause 11, be amended

(a) by replacing line 12 on page 15 with the following:

“(7) Paragraphs 10(1)(f) and (g) of the French ver-”

(b) by replacing lines 22 to 26 on page 15 with the following:

“(7.1) Paragraph 10(1)(h) of the Act is replaced by the following:

(h) for resolving, by way of mediation or otherwise, any disputes arising between broadcasting undertakings concerning the carriage of programming services;”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 10.

Martin Champoux moved, — That Bill C-11, in Clause 11, be amended by replacing line 21 on page 15 with the following:

“radiodiffusion;”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, Rachael Thomas — 7.

Martin Champoux moved, — That Bill C-11, in Clause 11, be amended by replacing lines 24 to 26 on page 15 with the following:

“services de programmation et survenant entre les entreprises de radiodiffusion;”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

John Nater moved, — That Bill C-11, in Clause 11, be amended by replacing lines 39 to 42 on page 15 with the following:

“(9) Paragraph 10(1)(k) of the Act is repealed.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 11, be amended by adding after line 44 on page 15 the following:

“(1.01) Paragraph (1)(d) does not apply to online undertakings.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

John Nater moved, — That Bill C-11, in Clause 11, be amended by replacing line 2 on page 16 with the following:

“Commission shall consider the following matters, with no one matter being determinative:”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Martin Champoux moved, — That Bill C-11, in Clause 11, be amended by replacing line 3 on page 16 with the following:

“(a) whether Canadians own intellectual property rights in relation to a”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux — 1;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 10.

Peter Julian moved, — That Bill C-11, in Clause 11, be amended

(a) by replacing lines 3 to 5 on page 16 with the following:

“(a) whether Canadian producers, including independent producers, have a right or interest in relation to a program, including copyright or any other right or interest that allows them to control and benefit in a fair and equitable manner from the exploitation of the program;”

(b) by replacing line 10 on page 16 with the following:

“(d) the extent to which persons carrying on online undertakings”

(c) by replacing lines 14 and 15 on page 16 with the following:

“their own programs, with producers associated with Canadian broadcasting undertakings or with any other person involved in the Canadian program production industry, including Canadian owners of copyright in musical works or in sound recordings made in Canada; and”

The question was put on the amendment of Peter Julian and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

John Nater moved, — That Bill C-11, in Clause 11, be amended by adding after line 25 on page 16 the following:

“(2.2) Regulations made under subsection (1) do not apply in respect of programs that are uploaded to an online undertaking that provides a social media service by a user of the service — who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Clause 11, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

Clause 12 carried on division.

On Clause 13,

John Nater moved, — That Bill C-11, in Clause 13, be amended by replacing lines 12 and 13 on page 18 with the following:

“to a broadcasting undertaking shall be fees that relate to the recovery”

The question was put on the amendment of John Nater and it was agreed to on the following recorded division:

YEAS: Martin Champoux, Laila Goodridge, Peter Julian, John Nater, Rachael Thomas, Kevin Waugh — 6;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 5.

Clause 13, as amended, carried on division.

On Clause 14,

Peter Julian moved, — That Bill C-11, in Clause 14, be amended by adding after line 7 on page 19 the following:

“(d) developing, financing, producing or promoting programs devoted to local news and current events, including through contributions made either by distribution undertakings to a related programming undertaking or by distribution undertakings or online undertakings to an independent fund.

(1.1) In making regulations in relation to the contributions referred to in paragraph (1)(d), the Commission shall take into account the local presence and broadcast staffing of the programming undertaking, if applicable.”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Martin Champoux moved, — That Bill C-11, in Clause 14, be amended by adding after line 7 on page 19 the following:

“(d) developing, financing, producing or promoting programs devoted to local, regional and national news and current events, including through contributions made either by distribution undertakings to a related programming undertaking or by distribution undertakings or online undertakings to an independent fund.”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Martin Champoux moved, — That Bill C-11, in Clause 14, be amended by replacing line 15 on page 19 with the following:

“cated to French language original programs in”

The question was put on the amendment and the result of the vote was announced:

YEAS: Martin Champoux, Laila Goodridge, Peter Julian, John Nater — 4;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Tim Louis — 4.

Whereupon, the Chair voted in the affirmative.

Accordingly, the amendment was agreed to.

Clause 14, as amended, carried on division.

Clause 15 carried on division.

On Clause 16,

Martin Champoux moved, — That Bill C-11, in Clause 16, be amended by replacing lines 28 to 32 on page 20 with the following:

“16 Paragraphs 18(1)(c) and (d) of the Act are replaced by the following:

(c) the establishing of any performance objectives for the purposes of paragraphs 11(2)(b) and 11.1(6)(b); and

(d) the making of an order under subsection 9.1(1) or 12(2).”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Clause 16 carried on division.

On Clause 17,

John Nater moved, — That Bill C-11, in Clause 17, be amended by replacing line 33 on page 20 with the following:

“17 (1) Section 20 of the Act is amened by adding the following after subsection (1) :

(1.1) The Chairperson of the Commission may appoint members of the Commission to a panel if it is determined that the panel would otherwise have fewer than three members.

(1.2) Members of the Commission may participate in any panel, unless this participation would place them in a conflict of interest.

(2) Subsection 20(4) of the Act is replaced by the”

By unanimous consent, the question was put on the amendment of John Nater and it was agreed to.

John Nater moved, — That Bill C-11, in Clause 17, be amended by adding after line 8 on page 21 the following:

“(5) The panel shall make decisions, in a timely manner, in respect of matters brought before it and provide reasons.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Clause 17, as amended, carried on division.

Clause 18 carried on division.

Clause 19 carried on division.

Clause 20 carried on division.

Clause 21 carried on division.

On Clause 22,

Peter Julian moved, — That Bill C-11, in Clause 22, be amended by adding after line 22 on page 22 the following:

“25.11 The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with a report on the progress made toward meeting the broadcasting policy objectives set out in subparagraph 3(1)(d)(iii).”

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Tim Louis, John Nater, Rachael Thomas, Kevin Waugh — 9.

Peter Julian moved, — That Bill C-11, in Clause 22, be amended by replacing line 23 on page 22 with the following:

“25.2 Subject to section 25.3, the Commission shall proactively make”

The question was put on the amendment of Peter Julian and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Michael Coteau, Laila Goodridge, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, John Nater, Kevin Waugh — 9;

NAYS: Martin Champoux — 1.

John Nater moved, — That Bill C-11, in Clause 22, be amended by replacing line 34 on page 23 with the following:

“may, while protecting the privacy of Canadians,”

The question was put on the amendment of John Nater and it was agreed to.

John Nater moved, — That Bill C-11, in Clause 22, be amended by replacing line 3 on page 24 with the following:

“fore it, the Commission may, while protecting the privacy of Canadians,”

The question was put on the amendment of John Nater and it was agreed to.

Clause 22, as amended, carried on division.

On Clause 23,

Martin Champoux moved, — That Bill C-11, in Clause 23, be amended by replacing line 36 on page 24 to line 3 on page 25 with the following:

“28 (1) The Governor in Council may, by order, set aside any decision made by the Commission or refer it back to the Commission for reconsideration and hearing of the matter by the Commission, within 180 days after the date of the decision, on petition in writing of any person received within 45 days after that date or on the Governor in Council’s own motion, if the Governor”

The question was put on the amendment of Martin Champoux and it was negatived on the following recorded division:

YEAS: Martin Champoux, Peter Julian — 2;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 5.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-11, in Clause 23, be amended by replacing lines 36 and 37 on page 24 with the following:

“28 (1) If the Commission makes a decision, the Governor in”

The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Martin Champoux — 1;

NAYS: Chris Bittle, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 6.

Clause 23 carried on division.

Clause 24 carried on division.

Clause 25 carried on division.

Clause 26 carried on division.

Clause 27 carried on division.

On Clause 28,

John Nater moved, — That Bill C-11, in Clause 28, be amended

(a) by adding after line 34 on page 30 the following:

“(1.1) The Commission shall, in a timely manner, issue a decision with respect to subsection (1) confirming that the person is deemed to have committed the violation.”

(b) by replacing line 18 on page 31 with the following:

“made under subsection (1.1), (2) or (3) to be issued and served”

The question was put on the amendment of John Nater and it was agreed to.

Clause 28, as amended, carried on division.

Clause 29 carried on division.

On Clause 30,

John Nater moved, — That Bill C-11, in Clause 30, be amended by replacing line 15 on page 37 with the following:

“ternational service that includes the creation, production and presentation of programming intended for audiences outside of Canada and provided in English, French and any other language deemed appropriate, in accordance with any directions that”

The question was put on the amendment of John Nater and it was agreed to on the following recorded division:

YEAS: Laila Goodridge, Anthony Housefather, Peter Julian, John Nater, Rachael Thomas, Kevin Waugh — 6;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Tim Louis — 5.

Peter Julian moved, — That Bill C-11, in Clause 30, be amended by replacing line 15 on page 37 with the following:

“ternational service that includes the creation, production and presentation of programming intended for audiences outside of Canada and provided in English, French and any other language deemed appropriate, in accordance with any directions that”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Clause 30, as amended, carried on division.

Clause 31 carried on division.

On new Clause 31.1,

Michael Coteau moved, — That Bill C-11 be amended by adding after the heading “Related Amendments” after line 9 on page 38 the following:

“1992, c. 33

Status of the Artist Act

31.1 Section 6 of the Status of the Artist Act is amended by adding the following after subsection (2):

(3) This Part does not apply in respect of an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.”

The question was put on the amendment of Michael Coteau and it was agreed to on division.

Clause 32 carried on division.

Clause 33 carried on division.

Clause 34 carried on division.

Clause 35 carried on division.

Clause 36 carried on division.

On Clause 37,

Peter Julian moved, — That Bill C-11, in Clause 37, be amended by adding after line 21 on page 40 the following:

“(g) statistics in support of the implementation of section 3 of the Broadcasting Act, including

(i) the total and first-run hours and the number of Canadian and non-Canadian programs broadcast by each element of the broadcasting system, and

(ii) the total and first-run hours and the number of Canadian programs broadcast in English, in French or in Indigenous languages by each element of the broadcasting system;

(h) expenditures made on Canadian programming broadcast in English, in French or in Indigenous languages by each element of the broadcasting system under the Broadcasting Act;

(i) the total and first-run hours of news, including hours allocated to local news, by each element of the broadcasting system under the Broadcasting Act;

(j) the number of Canadian and foreign broadcast undertakings operating in Canada and whether they are licensed, exempt from the requirement to hold a licence or registered under the Broadcasting Act; and

(k) full-time or full-time equivalent employment numbers, by type of employment, for each class of broadcasting undertakings, including online undertakings, carried on under the Broadcasting Act.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Clause 37 carried on division.

Clause 38 carried on division.

Clause 39 carried on division.

Clause 40 carried on division.

Clause 41 carried on division.

Clause 42 carried on division.

Clause 43 carried on division.

Clause 44 carried on division.

Clause 45 carried on division.

Clause 46 carried on division.

Clause 47 carried on division.

Clause 48 carried on division.

Clause 49 carried on division.

Clause 50 carried on division.

Clause 51 carried on division.

Clause 52 carried on division.

On Clause 53,

John Nater moved, — That Bill C-11, in Clause 53, be amended by replacing lines 3 to 5 on page 46 with the following:

“53 (1) During the third year after the day on which this Act receives royal assent, and every three years after a report is submitted under”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, Peter Julian, John Nater, Rachael Thomas, Kevin Waugh — 5;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 6.

Clause 53 carried on division.

On Clause 54,

John Nater moved, — That Bill C-11, in Clause 54, be amended by replacing lines 22 to 24 on page 46 with the following:

“54 (1) This Act, except subsections 40(2) to (4), comes into force one year after the day on which an Order Issuing a Direction to the Commission on Implementing this Act, issued by the Governor in Council, is published in the Canada Gazette.

(2) Subsections 40(2) to (4) come into force on a day to be fixed by the Governor in Council after the day on which the Order referred to in subsection (1) is published.”

The question was put on the amendment of John Nater and it was negatived on the following recorded division:

YEAS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Clause 54 carried on division.

Clause 1, Short Title, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

The Title carried on division.

The Bill, as amended, was adopted on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Laila Goodridge, John Nater, Rachael Thomas, Kevin Waugh — 4.

ORDERED, — That the Chair report the Bill, as amended, to the House, on division.

ORDERED, — That Bill C-11, as amended, be reprinted for the use of the House of Commons at report stage, on division.

At 12:17 a.m., the committee adjourned to the call of the Chair.



Aimée Belmore
Clerk of the committee