Background on Bill C-10: Why You Should be Concerned!
What is Bill C-10?
Bill C-10 is an omnibus bill to amend the Income Tax Act in a number of areas, including for example, implementation of the Atlantic Accord. Section (12) of Bill C-10 makes an amendment to Section 125.4 of the Income Tax Act giving the Minister of Canadian Heritage power to issue guidelines detailing the circumstances under which tax credit eligibility for Canadian film or television productions could be denied.
ACTRA and others in the film and television industry are extremely concerned that these new powers mean the Conservative government plans to act as the country’s morality police by denying financial aid for any film or television show it believes is not in the public’s interest.
ACTRA’s news release of Feb. 29, 2008, states, “The government is overstepping its bounds and interfering in an arms-length process. Withholding public funding for film and television productions it deems offensive is a dangerous direction for this government and it smacks of censorship,” said Stephen Waddell, ACTRA National Executive Director.
Existing guidelines already deny public funding to pornographic films. The list of ineligible content will reportedly now be expanded to include productions that feature “excessive” violence or sex or promote hate. Instead of fostering creativity in this country the government is threatening to stifle artists by telling them what they can and cannot create.
The implications of the changes to the Income Tax Act took the industry by surprise when the changes were confirmed by representatives of the Department of Canadian Heritage in news reports on February 28, 2008. The Bill has already passed second reading in the House of Commons.
Where is Bill C-10 in the parliamentary process?
Bill C-10 received third reading and all-party support in the House of Commons in the fall, 2007. It is now at second reading before the Banking Committee of the Senate. The Senate Committee may or may not call witnesses. The Committee will consider the bill in a clause-by-clause process, which is the opportunity to introduce amendments.
Amendments could include deleting some sections of the bill. Next, the bill returns to the House of Commons for Royal Assent. If there are no changes to the bill, it becomes law. If the Bill has been changed, only those portions that have been changed can then be debated in the House of Commons.
What is the controversy?
Media reports on February 28, 2008, revealed that the Conservative government had drafted guidelines that would give the Minister of Canadian Heritage the power to deny tax credits to film and television productions it deems offensive or not in the public interest. Such powers would have the effect of shutting down productions by making them economically unfeasible. The Globe and Mail reported, “Game and talk shows, news, sports, reality television and pornography are already excluded from access to the tax credits. The proposed prohibition would cover a sweeping range of material, such as anything of an explicit sexual nature, that denigrates a group or is excessively violent without an educational value.”
The Globe and Mail quoted a Canadian Heritage Spokesman, Charles Drouin. “Bill C-10… would allow the Minister of Canadian Heritage to deny eligibility to tax credits of productions determined to be contrary to public policy.” The Globe also reported that the department “has recently standardized and updated the list of illegal and other ineligible content.”’ (Globe and Mail, February 28, 2008)
ACTRA immediately issued a news release condemning the government’s actions. “These amendments have grave implications for film and television productions, and for all artists. This is disastrous culturally and economically. It is chilling for artists, creates uncertainty for the production community, and is morally offensive to modern Canadian society.”
Since the story broke, public outrage has spread like wildfire. Opinion pieces in the Toronto Star and the Globe and Mail have condemned the government’s actions. Rick Mercer wrote posing as Prime Minister Stephen Harper in the comment pages of the Globe and Mail, gleefully relishing his new powers to stop ‘offensive’ productions such as the Trailer Park Boys. ACTRA members, producers, writers and directors have been writing directly to the Minister of Heritage and to the Senate Committee members asking them to reconsider the changes. At the ACTRA Awards in Toronto celebration, Outstanding Performance winner Caroline Cave used her acceptance speech to denounce the government’s tendency towards censorship. Genie Awards host Sandra Oh criticized the changes, saying, “Censorship has had a little work done and is trying to make a comeback. I don’t know about you, but that doesn’t sound very Canadian to me.”
What is ACTRA looking for?
• ACTRA needs to see the draft guidelines to be assured they will not compromise freedom of expression or cause undue uncertainty in financing film and television productions.
• ACTRA is seeking changes to Bill C-10, deleting the offending sections.
• ACTRA is seeking meaningful consultation with the government on development of draft guidelines or any broadening of the existing guidelines.
What action has been taken?
• ACTRA has alerted ACTRA member and Senator Tommy Banks, who is contacting other Senators to share our outrage and concern.
• ACTRA has written to the Minister of Canadian Heritage, Josée Verner, asking her to revoke the changes.
• ACTRA has forwarded our news release to all Senators on the committee considering Bill C-10.
• ACTRA has requested to appear before the Senate Committee should it decide to call witnesses.
• ACTRA has alerted the Heritage Critics of our concerns and asked them to take action to prevent the changes.
• ACTRA has contacted bureaucrats in the Department of Canadian Heritage asking to see the draft guidelines to ensure they will not have the drastic effects being contemplated.
• ACTRA has encouraged our members to write letters to their MPs, to the Senate Committee members and to the Minister of Canadian Heritage.
• ACTRA has worked with opposition critics to get the issue raised in the House of Commons on Friday, February 29, where the NDP led Question Period with a statement and two of its three questions.
• ACTRA is drafting amendments to the Bill which would remove the offending changes.
