Canadian Heritage Minister Pablo Rodriguez took the stage at the Prime Time Conference in Ottawa on February 2nd prepared to take a victory lap on Bill C-11 before the industry crowd. Suggesting that royal assent was only days away, Rodriguez brushed aside Senate amendments to address user content regulation concerns and stated that he would not accept material changes to the bill. Yet within days, the Quebec government altered those plans, indicating that it was unhappy with the bill and demanding changes. The most notable change – reiterated in a motion passed in the National Assembly – would be mandated consultation with Quebec on policy directions from the government directed to the CRTC. Providing any province with a near-veto over federal communications policy should be a non-starter, meaning that Rodriguez risks going from culture hero in Quebec to the person who threatens its regulatory power over culture.
Post Tagged with: "quebec"
Why Quebec’s Demand for Changes to Bill C-11 Are A Product of Heritage Minister Pablo Rodriguez’s Risky Policy Choices
Quebec Demands Changes to Bill C-11 as it Wakes Up to the Implications of Losing Control over Digital Culture Regulation
Bill C-11 – and its predecessor Bill C-10 – have long been driven by the government’s view that the bill was a winner in Quebec. Bill C-10 was headed for easy passage in 2021, but was derailed by the government’s decision to remove safeguards over regulating user generated content that came largely from the Quebec-based music lobby. Nearly two years later, Canadian Heritage Minister Pablo Rodriguez and his staff have ignored the concerns of thousands of digital creators, disrespected indigenous creators, and indicated that he will likely reject Senate amendments designed to craft a compromise solution, all in the name of keeping Quebec lobby interests satisfied. Yet as the government considers the Senate amendments, the Quebec legislative assembly this week passed a last minute motion calling for further changes to the bill, including scope to enact its own rules and mandatory consultations with the province on the contents of a policy direction to the CRTC that Rodriguez has insisted on keeping secret until after the bill receives royal assent (a full copy of the motion is contained at the bottom of this post). The Conservatives have been calling for the Quebec motion and the Senate amendments to be sent back to committee for further study, which the Globe reports may delay the government’s response to the Senate amendments.
The Law Bytes Podcast, Episode 103: Privacy Reform Comes to Canada – Chantal Bernier on the Passage of Quebec’s Bill 64
Privacy reform in Canada has lagged at the federal level with the efforts to update PIPEDA seemingly going nowhere, but multiple provinces have moved ahead with amending their own laws. Quebec leads the way as late last month it quietly passed Bill 64, a major privacy reform package that reflects – and even goes beyond – many emerging international privacy law standards. Chantal Bernier, the former interim privacy commissioner of Canada, now leads the Dentons law firm’s Canadian Privacy and Cybersecurity practice group. She joins the Law Bytes podcast to talk about Bill 64, including its origins, key provisions, and implications for privacy law in Canada.
As the Standing Committee on Canadian Heritage continues its study on Bill C-10, it has also received some notable submissions from organizations and experts that raise further questions about the wisdom of the bill. One submission not yet posted (but provided to me with the consent to post) comes from Philip Palmer, former Senior General Counsel with the Department of Justice focused on communications law. Palmer spent decades in government focused on telecommunications and competition law issues. His expert opinion is that Bill C-10 is unconstitutional since on-demand streaming services such as Netflix are not inter-provincial undertakings and therefore are not subject to the federal government’s jurisdiction over broadcasters.
The state of Canadian privacy law has been ongoing source of concern with many experts concluding that the law is outdated and no longer fit for purpose. This is particularly true when contrasted with rules in the European Union that feature tough penalties and new privacy rights. It would appear that the province of Quebec has concluded that the waiting has gone on long enough. The provincial government recently introduced Bill 64, which if adopted would overhaul provincial privacy laws and provide a potential model for both the federal government and the other provinces.
Eloïse Gratton is a partner at the law firm of Borden Ladner Gervais in Montreal and recognized as one of Canada’s leading privacy law practitioners. She joins the podcast to break down Bill 64 and its implications for privacy enforcement, accountability and new privacy rights.