REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 2022 Submission to the Senate Standing Committee on Transport andCommunicationsSubmitted by The Racial Equity Media Collective (REMC) REMC Amendments to the Broadcasting Act, Bill C-11 JUN 1, 2022Final Version Submitted with the support of the following organizations: ADVANCE, Canada’s Black Music Business CollectiveBIPOC TV & FilmBlack Screen OfficeBreakthroughs Film FestivalCaribbeanTalesCanadian Independent Screen Fund for BPOC CreatorsCoalitionM.É.D.I.A.Creatives EmpoweredDocumentary Organization of CanadaI.M.P.A.C.TIndigenous Screen OfficeOYA Black Arts CoalitionPOVRacial Equity Screen OfficeReelworld Screen InstituteToronto Palestine Film FestivalToronto Reel Asian Film FestivalWomen In View Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org

REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 2022 The Racial Equity Media Collective TheRacial EquityMediaCollective(REMC)isanational not-for-profitorganizationcommittedtoequityforBlack, Indigenous, andPeopleof Colour (BIPOC) creators inCanada’s film,television,anddigital mediaindustries. Fueledby researchandrootedincommunity engagement, theREMC’s missionis toremovebarriers to access and increase the production, export and sustainability of BIPOC content andBIPOC-ledproductioncompanies.

The REMCconvenes acoalitionof national BIPOCorganizationsinthe screen sector, including the Black Screen Office, Coalition M.É.D.I.A., BIPOCTV&Film, ReelworldScreen Institute, the Indigenous ScreenOfficeandtheCanadianIndependent ScreenFund, andworksclosely with several regional and provincial BIPOC organizations and stakeholders. The Need For Amendment The REMC is pleased with many of the proposed changes introduced in Bill C-11 and commend theoverall effort toseeBIPOCcommunities valuedinthebroadcast system.

However, as withBill C-10,wefeel critical amendments are needed to ensure that the Government’s stated objective to seegreater equity and inclusioninthebroadcastingsystemisachieved. Thus wehavepreparedthisbrief inconsultationwithmanyBIPOCorganizationsworkinginthescreenandmusicsectorstoarticulatetheneeds of BIPOCcreators withrespect totheBroadcastingAct andtoproposespecificamendments.We would like to note that this submission and recommendations work in tandemwith the advocacyefforts of the Indigenous Screen Office.

The REMC is aware of and supports the specific policies anddirectives being pursued to recognize the distinct rights of First Nations, Metis and Inuit peoples ofCanada. We understand that Bill C-11 is framework legislation - with key details left to Government Directivesthrough regulations.

While the Minister of Canadian Heritage has expressed a clear intention torecommendthat theGovernor inCouncil direct theCRTCtosupportprogramscreatedandproducedbyIndigenous, Black and People of Colour groups, official language minority communities, women andLGBTQ+ communities, there is no legislative mechanism to ensure accountability. Without astatutory imperative to see that commitments towards greater equity are sustained, monitored andevaluated over the long term, the Bill is unlikely to lead to tangible changes on the ground.

For thisreason, wefeel amendments shouldbemadetoBill C-11tostrengthenitsimpactonequityandinclusionin the broadcasting sector. In this submission, we propose specific amendments that are intendedtowork together withproposedchanges to Government Directives to ensure that the equity and inclusion objectives of the Act areachieved. Theaimof our recommendedamendments is toensuresupportforBIPOCCanadiancreatorsis crystalized in the law. Accountabilityrequiresfour fundamental elementsthroughbothlegislationand regulation to ensure a more inclusive broadcasting sector in Canada: 1.

Equity Oversight: Senior staff withintheCRTCandDepartment of CanadianHeritagemust betasked with ensuring the government’s equity goals are achieved. Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org

REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 20222. Collection of Race-Based Data: There must be mandatory collection of race-based data bybroadcasters and funders that is accessible by the BIPOC community and all Canadians, toensure that equity in the sector is measurable. 3.

Including a clear objective and developing targets to increase BIPOC production andprogramming in Canada:The Department of CanadianHeritage and the CRTC must work withBIPOC creators to develop benchmarks, targets and incentives to increase BIPOC programming. 4. Regular and transparentmonitoring, reporting andconsultationto ensure equity and inclusiontargets must be met and achieved. Overview of Key Themes Greater AccountabilityWhile the proposed language in Bill C-11 clearly articulates strong intentions; similar language hasexistedinthelawfor over 30years.

ThelanguageinC-11must gofurther.Itmustshiftfromaspirationaltoactionable. TheREMCbelieves thelawmust lay thegroundwork for clearaccountabilitymechanismstobeintroducedthatensuretheobligationstoBIPOCcommunitiesarebeingmetthroughdatacollection,representative leadership and a framework towards measurable targets. Industry stakeholders and funders (i.e.

Telefilm, The National Film Board, the Canada Media Fund,FACTOR, Music Action, Radio Starmaker and the Community Radio Fund), public and privatebroadcasters, and other organizations receiving significant federal government funding should haveaccountability measures that ensure the inclusion of BIPOC communities as a part of their internalgovernance, funding, and operations. Implementation, Monitoring and EvaluationCRTC plays a considerable role in monitoring, reporting and regulating the Bill’s goals.

We see anopportunity to strengthen the CRTC’s capacity for effective implementation of theGovernment’s equityandinclusionobjectives by establishingafocal pointforaccountabilityandequippingtheCRTCwithdatatomonitorandevaluateprogress.Several keyinstitutionshavealreadyidentifiedthisnecessaryworkandare creating a data-collection framework as we speak. Additionally, targets andbenchmarks shouldbedeveloped to track progress towards achieving the Government’s goals.

Community EngagementBased on REMC’s robust community consultations, it is clear that BIPOC creators and entrepreneurscontinuetofeel they areontheoutsidelookinginonCanada’s broadcast industry.ThisBill mustensurethat consistent andperpetual community engagement is amandatory part of any newprocess or policyimplementedtomeet theBill’s equityobjectives.ConsultingandengagingwithBIPOCcommunitiesmustbe normalized across the broadcast sector; however, such engagement must not be used as aplaceholder or alternative to actual policy change.

Instead, consistent community consultation musthappen simultaneously to specific policy implementation. Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org

REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 2022 Recommendations for Amendments to Bill C-11 The REMC offers the following text amendments that move the bill from aspirational to accountable. BILL C-11 ProposedREMCAmendments Rational

Definitions 2

(1) Indigenous peoples has themeaning assigned by thedefinition aboriginal peoples ofCanada in subsection 35(2) ofthe ConstitutionAct, 1982; (peuplesautochtones) Consider adding

definitions ofthe words Black andRacialized. It is important for the Bill toclearly define who Black andRacialized persons are. As suchdefinitions should be added inconsultation with communities. Broadcasting policy forCanada 3

(1) It is hereby declared as thebroadcasting policy for Canadathat:

(3) Subparagraph 3(1) (d) (iii) ofthe Act is replaced by thefollowing:(iii) through its programmingand the employmentopportunities arising out of itsoperations, serve the needs andinterests of all Canadians —including Canadians fromracialized communities andCanadians of diverseethnocultural backgrounds,socio-economic statuses, Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org

REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 2022abilities and disabilities, sexualorientations, gender identitiesand expressions, and ages—and reflect their circumstancesand aspirations, including equalrights, the linguistic duality andmulticultural and multiracialnature of Canadian society andthe special place of Indigenouspeoples within that society, Start of inserted block (iii. 1) provide opportunities toIndigenous persons to produceprogramming in Indigenouslanguages, English or French, orin any combination of them, andto carry on broadcastingundertakings,(iii. 2) support the productionand broadcasting of originalprograms in French, (iii.2a) provide opportunities toBlack and racialized personsin Canada and support andassist their development bytaking into account theirspecific needs and intereststhrough supporting theproductionand broadcastingof original programs by andfor Black and racializedcommunities, * *REMC recommends that alluses of the term ‘racialized’ inBill C-11 be replaced with“Black and racialized.” It is important the Bill state aclearer objective to provideopportunities to Black andracialized communities,consistent with its approach toindigenous programming Regulatory policy The Canadian broadcastingsystem should be regulated andsupervised in a flexible mannerthat(2) Paragraph 5(2) (

e) of theAct is replaced by thefollowing:(

e) facilitates the provision toCanadians of Canadianprograms created and producedin both official languages,including those created andproduced by English and Frenchlinguistic minority communities inCanada, as well as in Indigenouslanguages;(e. 1) facilitates the provision ofprograms that are accessiblewithout barriers to persons withdisabilities; (e.2) facilitates the provisionto Canadians of programs thatare created and produced byBlack and racializedcommunities. The Bill's equity and inclusionobjectives must be stated moreclearly when it comes toregulatory policy. Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org

REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 2022 Consultation 5. 2

(1) The Commission shallconsult with English and Frenchlinguistic minority communities inCanada when making decisionsthat could adversely affect them. Objectives of consultations(2) When engaging inconsultations required bysubsection (1), the Commissionshall(

a) gather information to test itspolicies, decisions and initiatives;(

b) propose policies, decisionsand initiatives that have not beenfinalized;(

c) seek the communities’opinions with regard to thepolicies, decisions or initiativesthat are the subject of theconsultations;(

d) provide them with allrelevant information on whichthose policies, decisions orinitiatives are based;(

e) openly and meaningfullyconsider those opinions;(

f) be prepared to alter thosepolicies, decisions or initiatives;and(

g) provide the communities withfeedback, both during theconsultation process and after adecision has been made. 5.2(2) The Commission shallconsult with Black andracialized communities inCanada when makingdecisions that could adverselyaffect them. (

a) gather information,including relevant race-basedand other demographic data,to test its policies, decisionsand initiatives; It is imperative that the billinclude a direct reference togathering race-based data as akey element of ensuringaccountability. Consultation withBlack and racializedcommunities on key decisionsshould be mandatory as it is withlinguistic minorities. Conditions 9. 1

(1) The Commission may, infurtherance of its objects, makeorders imposing conditions onthe carrying on of broadcastingundertakings that theCommission considersappropriate for theimplementation of thebroadcasting policy set out insubsection 3(1), includingconditions respecting Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org

REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 2022(

a) the proportion of programs tobe broadcast that shall beCanadian programs and theproportion of time that shall bedevoted to the broadcasting ofCanadian programs;(

b) the proportion of Canadianprograms to be broadcast thatshall be original Frenchlanguage programs, includingfirst-run programs;(

c) the proportion of programs tobe broadcast that shall beoriginal French languageprograms;(

d) the proportion of programs tobe broadcast that shall bedevoted to specific genres, inorder to ensure the diversity ofprogramming;(

e) the presentation of programsand programming services forselection by the public, includingthe showcasing and thediscoverability of Canadianprograms and programmingservices, such as Frenchlanguage original programs;(

f) a requirement for a personcarrying on a broadcastingundertaking, other than an onlineundertaking, to obtain theapproval of the Commissionbefore entering into any contractwith a telecommunicationscommon carrier, as defined inthe Telecommunications Act, forthe distribution of programmingdirectly to the public;(

g) a requirement for a personcarrying on a distributionundertaking to give priority to thecarriage of broadcasting; (d.1) The proportion ofprograms to be broadcast thatare produced by Canadiansfrom Black and racializedcommunities. Accountability requiresconsequences fornon-compliance. Thisamendment will provideincentive for positive changethroughout the industry. Provision of Informationby Commission Minister or Chief Statistician25. 1 The Commission shall, onrequest, provide the Minister orthe Chief Statistician of Canada 25.1(

a) The Commission shall,on request, provide theMinister of the Chief Regular monitoring and reportingis essential to ensuring Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org

REMC Submission to Senate Standing Committee on Transport and CommunicationsAmendments to the Broadcasting Act, Bill C-11Jun 1, 2022with any information submitted tothe Commission in respect of abroadcasting undertaking. Access to information25. 2 Subject to

section 25. 3, theCommission shall makeavailable for public inspectionany information submitted to theCommission in the course ofproceedings before it. Statistician with a report onprogress towards meeting theequity and inclusionobjectives of the Act asdefined by (3 (1) (d) (iii). accountability and measuringprogress. Conclusion For years BIPOC communities have felt underrepresented and undervalued within the Canadianbroadcast landscape. Skepticism and outright denial have met the community's claims and efforts toaddress theissue.

Our communities’ anecdotal evidencehas beendismissed,andoureffortstoaddresssystemic racism are seen as ingratitude. For years, the default position of the Canadian broadcastecosystemhas been one that is overwhelmingly white, and those of us fromBIPOCcommunities whobreak through should be grateful for a seat at thetable. This cannot continue. BIPOCCanadians havejust as much right to producecontent andseeandhear themselves on-screenandonair as any otherCanadian.

Seeing ourselves andour stories onscreens profoundly impacts our senseof self-worthandourCanadianidentity.Fortoolong,BIPOCCanadianshavehadtoturntoothermarketsforcontentaboutour communities. This must change. Our broadcast ecosystem must reflect the country we live in. Contact: Lisa Valencia-Svensson| lisa@re-mc.org| 416-728-0851 |www.re-mc.org