Quebec requires a right of scrutiny
(Ottawa) The Legault government urges Ottawa to insert into 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.
JOËL-DENIS BELLAVANCETHE PRESSQuebec's Minister of Culture and Communications, Mathieu Lacombe, sent a three-page letter on the subject to the Minister of Canadian Heritage, Pablo Rodriguez, at a time when elected officials in Ottawa are essentially beginning the final stages of studying Bill C-11.
In addition to modernizing the Broadcasting Act, Bill C-11 seeks to update Canada's broadcasting rules to incorporate the market presence of online broadcasting giants such as YouTube, Netflix and Spotify. This reform would require them to contribute to Canadian content and make it available to users in Canada – or face heavy penalties.
Two weeks ago, the Senate passed the bill with a dozen 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 flaws in the latest version of the bill. Foremost among them is the lack of a formal consultation mechanism with the Government of Quebec 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 when it is implemented by the CRTC, that Quebec's cultural specificity and the reality of the French-language market be adequately considered. As such, I reiterate our demand that a mandatory and official consultation mechanism for the Government of Quebec be provided for in the Act to this effect," wrote Minister Lacombe.
Minister of Culture and Communications Mathieu Lacombe
Quebec must always have a say before instructions are given to the CRTC to guide its action under this Act when its interventions are likely to affect companies offering services in Quebec or have an impact on the Quebec market.
Excerpt from the letter from Mathieu Lacombe, Quebec Minister of Culture and Communications
"We believe it is essential to have a right of oversight over these instructions, Quebec being the home of the French language and Francophone culture in America," he argued.
Amendments under considerationMinister 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 meet the intended clarification purposes and no longer reflects the principle that online businesses are, in general, subject to Quebec and provincial status of the artist laws. The reference to the Canada Labour Code does not seem sufficient to dispel doubts about the obligations of online businesses," said the Minister.
About 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.
Minister of Canadian Heritage Pablo Rodriguez
During the study of Bill C-11, senators made changes to protect user-generated content
and promote 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 users' age before they access sexually explicit material.
The Minister of Canadian Heritage has also indicated that the Trudeau government does not intend to accept all of the Senate's amendments. But he did not specify which ones could be ruled out.
The requests made by the Legault government in the letter sent by Minister Lacombe could lead to further delays. But Mr. Lacombe said that Quebec is adamant about these changes.
"Although Quebec wants the adoption and implementation of this bill to be carried out as quickly as possible, we are of the opinion that it must be done under conditions that ensure respect for Quebec's legislative powers and that these conditions are not currently met,"
he wrote in his letter.
protects Quebec's cultural specificity.
JOËL-DENIS BELLAVANCETHE PRESSQuebec's Minister of Culture and Communications, Mathieu Lacombe, sent a three-page letter on the subject to the Minister of Canadian Heritage, Pablo Rodriguez, at a time when elected officials in Ottawa are essentially beginning the final stages of studying Bill C-11.
In addition to modernizing the Broadcasting Act, Bill C-11 seeks to update Canada's broadcasting rules to incorporate the market presence of online broadcasting giants such as YouTube, Netflix and Spotify. This reform would require them to contribute to Canadian content and make it available to users in Canada – or face heavy penalties.
Two weeks ago, the Senate passed the bill with a dozen 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 flaws in the latest version of the bill. Foremost among them is the lack of a formal consultation mechanism with the Government of Quebec 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 when it is implemented by the CRTC, that Quebec's cultural specificity and the reality of the French-language market be adequately considered. As such, I reiterate our demand that a mandatory and official consultation mechanism for the Government of Quebec be provided for in the Act to this effect," wrote Minister Lacombe.
Minister of Culture and Communications Mathieu Lacombe
Quebec must always have a say before instructions are given to the CRTC to guide its action under this Act when its interventions are likely to affect companies offering services in Quebec or have an impact on the Quebec market.
Excerpt from the letter from Mathieu Lacombe, Quebec Minister of Culture and Communications
"We believe it is essential to have a right of oversight over these instructions, Quebec being the home of the French language and Francophone culture in America," he argued.
Amendments under considerationMinister 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 meet the intended clarification purposes and no longer reflects the principle that online businesses are, in general, subject to Quebec and provincial status of the artist laws. The reference to the Canada Labour Code does not seem sufficient to dispel doubts about the obligations of online businesses," said the Minister.
About 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.
Minister of Canadian Heritage Pablo Rodriguez
During the study of Bill C-11, senators made changes to protect user-generated content
and promote 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 users' age before they access sexually explicit material.
The Minister of Canadian Heritage has also indicated that the Trudeau government does not intend to accept all of the Senate's amendments. But he did not specify which ones could be ruled out.
The requests made by the Legault government in the letter sent by Minister Lacombe could lead to further delays. But Mr. Lacombe said that Quebec is adamant about these changes.
"Although Quebec wants the adoption and implementation of this bill to be carried out as quickly as possible, we are of the opinion that it must be done under conditions that ensure respect for Quebec's legislative powers and that these conditions are not currently met,"
he wrote in his letter.
