By Ahmad Hathout
A new bill that would force the CRTC to “consult” with the provincial governments on matters affecting French-speaking markets is drawing concern from regulatory authorities both in its legal terminology and the precedent it could set for a tribunal freshly saddled with increased responsibilities.
The private member’s bill C-354, which passed second reading in the House and is in the committee stage, would amend the CRTC Act to add to section 12 a paragraph that would require it to “consult with the Government of Quebec or the governments of the other provinces, as the case may be, before regulating aspects of the Canadian broadcasting system that relate to the cultural distinctiveness of Quebec or that concern French-speaking markets,” according to the bill’s summary. There’s no mention of the territories.
In the words of Bloc Quebecois’s Martin Champoux, whose colleague Mario Beaulieu is the sponsor of the bill, the amendment would ensure that the provincial governments, specifically Quebec, would be “informed and consulted” when hearings are going to happen on certain topics. He pointed one example in which 911 callers in Quebec were not being able to access the service in French, which required the CRTC to tell the telecoms to address the issue after the fact.
But CRTC authorities appearing before the House Committee on Heritage on Tuesday afternoon said they were concerned about the meaning of “consult” in the proposed bill and whether the bill would open the door to add more to the regulator’s plate.
“We take issue with the word consultation because it seems to be less clear because in our other proceedings it means something more significant,” Scott Hutton, the CRTC’s chief of consumer and research, told members of Parliament. “We are an independent government agency…you’re asking us to consult governments in a different way, so we’re a little bit uncomfortable.
“We send out advisories, we try to do more awareness raising…we already do it,” Hutton added. “But what we take issue with – and we will implement it if we must – it’s just that consultations go beyond advising that something is coming; it seems to be an additional step.”
Before ruling on a matter, the CRTC consults the public broadly, putting out notices on its website inviting interested persons, industry and governments to submit comments for consideration.
“I will say…we do have a concern that if there’s a growing tendency to say, you must consult with this group, you must consult with that group, and it adds up over time, that can slow us down in a period of time when we’re trying to move very fast,” Scott Shortliffe, the CRTC’s executive director of broadcasting, said at the committee. “That is the concern we have, that if the Broadcasting Act is continually added to in that way.”
Hutton pointed to the “new evolution” of the Broadcasting Act, which is requiring more of the regulator since the passing of the Online Streaming Act (bill C-11), not just bringing online platforms under its ambit but making sure the new broadcasting system reflects the full diversity of the country.
“We do have a concern about our workload and the expectations about consultations. Our view is that we consult openly, anyone can come to us,” Shortliffe added. “If there is a bill, it can be read into in different ways…we are worried about expanding scope of who we have to consult with before we make a decision.
“When you say there’s a duty to consult, our concern is that, if next year Parliament in its wisdom adds a duty to consult with another group and another group, at a certain point do our proceedings become unworkable? So it’s a future-looking issue.”
Shortliffe added while from a legal point of view, he doesn’t think there’s more the regulator can do with respect to providing an opportunity for all entities to participate in its proceedings, “I think we can always do better reaching out to people and encouraging them to participate.”
He pointed to improvements in how the CRTC engages with official languages and official language minority communities (OLMC), its move to consult with indigenous groups across the country from one to three times a year, and establishing an indigenous relations team.
The bill’s sponsor, Beaulieu, previously said this about the bill introduced last year: “This bill responds to an official request from the Government of Quebec during the debates surrounding Bill C-11 for the federal government to set up a mandatory, formal consultation mechanism with the Government of Quebec. Quebec wants to have its say before the CRTC takes any action that could affect businesses providing services in Quebec or the Quebec market. The motion adopted by the Quebec National Assembly in this regard specifies that Quebec intends to use all of the tools at its disposal to protect its language, culture and identity.
“That said, our right to develop our own culture will not be won through the courts,” he added. “The Supreme Court of Canada has repeatedly ruled that telecommunications and broadcasting fall under federal jurisdiction. However, the members of the House of Commons have the authority to delegate this administrative power if they are willing to do so.
The bill’s essence, he continued, “will no doubt be well received by every Francophile in Canada and every advocate for cultural diversity in a broader sense.”
