Bill C-11

Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Online Streaming Act

[René Villemure, Bloc, Trois-Rivières, QC]

Madam Speaker, the notion of “fair share”, of paying one's fair share of taxes and contributing one's fair share of Canadian content, can be found throughout Bill C‑11.

How will the government ensure, with Bill C‑11, that the web giants will not be the ones deciding what is considered a fair share?

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of International Trade]

Madam Speaker, since I last rose five days ago, Mr. Putin in Russia decided to, very unceremoniously and aggressively, invade a sovereign nation. I want to express my absolute solidarity with the people of Ukraine, in terms of showing gratitude and appreciation for their bravery in the face of this blatant aggression and violent and unlawful act, and to simply state, in terms of representing my constituents of Parkdale—High Park, that I will continue to advocate with every fibre of my being for the well-being of Ukraine and for the well-being of Ukrainian-Canadians, for assisting them in any way, shape or form in terms of assistance militarily, assistance with their defence and assistance with immigration, and in terms of restoring peace to their land.

I want to turn now to Bill C-11, and I will start with Canadian content creators.

I learned a heck of a lot about Canadian content and Canadian creators during the course of the 42nd Parliament, when I served as the parliamentary secretary to the minister of heritage at the time: the current Minister of Foreign Affairs. What I learned about was the voluminous contribution that these content creators made to the Canadian economy. In some respects, it is either equivalent to or outstrips contributions from sectors such as the mining sector in this country. It is staggering the amount of GDP output that is attributable to Canadian content creators. Around $19.7 billion of Canada's GDP and approximately 160,000 jobs are linked to things such as publishing, writing, music, producing theatre, producing film, producing television products, etc.

My riding of Parkdale—High Park, which I have the privilege of representing for the third straight time in this Parliament, is home to many of these creators. They have explained to me what they do for a living and how it contributes to the Canadian economy, but they have also said where their trade and craft is suffering and they have walked me through these steps. We have heard from the member for Kingston and the Islands and some of the other members in this debate who have talked about where we were about 30 years ago, when we had the Broadcasting Act, and where we are now. Where we are now is a fundamentally different place. People consume, view and listen in a completely different manner from how they did 30 years ago when the Broadcasting Act was last touched.

Why is this relevant? It is relevant because it is incumbent upon us, as parliamentarians, to make sure that our laws are responsive to the current state of the nation. Our laws need to be reflective of current norms, current technological features and current aspects of day-to-day life. That is really critical. For decades, our system guaranteed the creation of Canadian movies, TV shows and music that made us proud because we ensured that traditional broadcasters, such as Bell and Rogers, were contributing to such Canadian content.

Why is that critical? It is critical because we live next to a very large nation that creates a whole lot of cultural content. It is very easy to be dwarfed by that content, particularly in its English-language form, if we are not supportive of Canadian content. We adopted these ideas about mandatory contributions financially from Canadian broadcasters, which are usually through a television screen, ensuring that they could then help us create the next Kim's Convenience, the next Schitt's Creek or the next The Beachcombers. I know I am dating myself. I am a bit older than I look. However, that kind of cultural content is critical. What we have seen is an erosion of that kind of cultural content because we are no longer asking these new types of broadcasters to contribute, and because the system simply has not kept up.

Who is responsible for all that? I will be blunt: All of us are responsible for all of that, because we have not acted quickly enough to deal with Spotify, Apple Music and YouTube. When we legislated this most recently, which is three decades ago, those things did not even exist. In fact, the Internet was still in its infancy, probably just a plaything of the U.S. military at the time, because we are reaching back to around 1991. Although I prefer Spotify, most Canadians today get their music from YouTube Music. That is an incredible statement. It is not from the radio. It is not from vinyl or cassettes, but from one particular platform: YouTube Music.

Unless we directly regulate that type of platform and ensure that it is contributing to the continuity, creation and support of Canadian content, we could see great Canadian musicians or great Canadian musical acts simply go by the wayside. Do we want to have the next Tragically Hip, the next Arkells, the next Drake, the next Justin Bieber, etc.? I desperately want to see that. I want to see that for our country and I want to see that for the children I am raising, but we cannot see that unless we actually take an active step to support this industry.

What we have is Canadian broadcasters from the traditional mould, such as Bell and Rogers, playing by one set of rules, and we have streaming platforms playing by entirely another set. There needs to be one set of rules for all.

What would this bill do? We have heard a little about this during this debate. The bill would provide the CRTC with express powers to require broadcasting undertakings, including online undertakings, to make financial contributions to Canadian content and to its creators.

Over these last years, as the member of Parliament for Parkdale—High Park, I have heard basically a plea that this exact kind of measure be put into force. I have heard it from ACTRA. I have heard it from the Directors Guild of Canada. I have heard it from the Writers Guild of Canada. I have heard it from the Canadian Association of Broadcasters. Over and over again, they have said that unless we support their industry, in terms of where it is being viewed or seen now at that level of broadcasting and not just in its old modality, they are in jeopardy. All the Canadian content they create is in jeopardy.

Why is that important? Everyone in this chamber chuckled about The Beachcombers. Those touchstones are significant because they tell a Canadian narrative. That is good, right and proper, because it is important, as a nation-building exercise, for people to see themselves reflected in what they see and hear and also to learn about themselves, in terms of what they see and hear.

That is why I hope another aspect of this legislation gets touched on in this debate. I think it is important, because we are trying to also make sure a Broadcasting Act three decades later reflects the reality of Canada. The city I represent boasts that it is one of the most diverse, if not the most diverse, city on the planet. That is the city of Toronto. We would like to see the broadcasting offerings that are available, including online, reflecting that diversity and reflecting people of colour: racialized people, immigrants, Black Canadians, etc.

There is a specific provision in the legislation that actually references promoting indigenous language vitalization. That is something I also had the ability to work on in the 42nd Parliament. It is something I feel very strongly about. The way we do that and keep moving the yardsticks forward is by amending the broadcasting legislation.

In these last two and a half minutes, I want to deal with what this bill is not about. We heard a great deal about this in the last Parliament, and I am very keen to ensure we do not hear about it in this Parliament, particularly now. My opening comments were about Ukraine. We know that not just this country, but the planet, is seized with addressing misinformation and disinformation right now. To purport incorrectly or benignly, or to misconstrue what is in a piece of legislation versus what is not, is not helpful for the discussion about this legislation, nor is it helpful to the public discourse in this country, let alone on this planet. I mean that very seriously.

This bill has a specific carve-out, and the carve-out is clear. User-generated content, video games and news media will not be affected by the proposed changes. It is quite clear that what we are doing would ensure that social media allows people to share their thoughts online, and that is for the most part a very good thing. We agree it is vital for Canadians to be able to express their views, which is why the bill specifically states that the regulator cannot make regulations that infringe on freedom of expression on social media or online platforms. That is critical, because we are not talking about individually generated user content, unless that content is being commercialized, which is a point that was adequately addressed by the member for Kingston and the Islands. It is important that people understand this fact, and that this fact does not get misconstrued in the context of this debate or when this bill hopefully moves to committee.

Why is this important? It is critically important, in terms of taking outdated legislation and moving it into the modern age three decades hence. It is also important because it would allow us to ensure that Canadian stories and narratives are being told. It is important for ensuring there would be a playing field. The simple principle is that if something is benefiting from a system, which clearly the YouTubes and Spotifys of the world are, then it needs to contribute to that system.

Another participant in this debate mentioned that other jurisdictions have already taken the step of ensuring contributions from online streaming platforms. We would simply be making sure that Canada levels the playing field internationally and also vis-à-vis traditional broadcasters and online streaming broadcasters.

I hope that is a concept that all members and parties in the House can get behind.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, the member is absolutely correct. I agree that this keeps coming back. Every month that goes by, more and more people are suffering as a result of this. I think it was very unfortunate the way this bill played out in the winter and spring of 2020. It inched along so slowly. We saw delay after delay and then, at the last minute, just before the House and the Senate were going to rise, the bill, Bill C-11, was voted on.

At the end of the day, I agree with the member that making sure we protect Canadian culture and Canadian content is absolutely imperative. The quicker we can get this through, the more we will be able to do that.

I know the member is from the Bloc. Quebec certainly has a strong and robust sector as it relates to film and audio in one of our official languages, but there are so many other companies throughout the rest of the country that are equally doing so in English and we need to continue to preserve that.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, it is an honour to rise today and speak to Bill C-11 and to continue this discussion that has been going on for quite a while. It has been at least a year since a bill similar to this one was introduced in the last session of Parliament. That bill, unfortunately, did not make it past the finish line, but what we have here is an improved version of the bill we saw before, a bill that tackled some of the challenges and obstacles, rightly or wrongly, that were put forward in particular by the opposition.

I want to go back to one of the comments that was made just a few minutes ago by the Conservative member who was responding to questions. He said something very important. I think it is important because it represents a lot of the narrative that we are going to hear over the next few days.

I forgot to mention that I will be sharing my time with the member for Parkdale—High Park.

We will hear a lot of the language that is being used. We just heard the previous member say that we do not want to allow the government to control what people watch. If anybody is going to be following this debate, I want them to pay close attention to the fact that as the debate goes on over the next few days or weeks, we will hear that language quite a bit from the Conservatives, because this is the exact language they used last time. It is language that tries to suggest to Canadians that the Government of Canada sits behind a desk and decides what people can watch and what they cannot watch. Nothing could be further from the truth. What the original bill did and what this bill is proposing to do now is not to regulate what people watch but to broaden the pool of what is available to them.

If someone has the perspective that we should be homogeneous in terms of everything that is in front of us since we live in North America, that there is no problem with being just like the United States, that we do not need our own individual identity and individual culture, then that is one thing. If that is somebody's position, although I disagree with it wholeheartedly, at least that would be the position of someone who still understands the facts. However, in fact this bill does not suggest that. What this bill does, and what I prefer, is that we provide Canadians with the opportunity to watch programming that is produced by Canadians and for Canadians as an option that someone can watch.

It is very similar to the CanCon rules that apply to radio stations. Right now, if someone in Canada has a radio station that broadcasts over FM and AM bands, they are subject to a rule that a certain amount of the content that is played during the day has to be Canadian content. I live in a border city that is not that far from Watertown, New York, and quite often we find radio stations trying to circumvent those rules. They would set up their transmission tower in Watertown, even though all of the broadcasting was happening in Kingston. It was being sent over to Watertown, New York, where it was then being broadcast from towers, and I am sure over 90% of the listenership was Canadian people because the broadcast audience was a Canadian audience in Kingston.

As the technologies develop and as we see new technologies come online and as the Internet becomes a dominant force in the consumption of content, it goes without saying that if we believe in making sure that Canadian content is in that pool of availability for those who are consuming it, we have to ensure that the Canadian content is there. That is the difference.

This is not about controlling what people see. I trust that we will have a more thorough debate on it this time around, but the rhetoric last time with Bill C-10 came down to suggesting that the federal government was trying to regulate all social media in order to determine what was put in front of people on the Internet, and that could not be further from the truth. This has always been about making sure that content is available.

What does this bill do specifically? Let me just highlight some of the important points. It brings those online streaming services under the jurisdiction of the Broadcasting Act because, as I previously mentioned, they are not. It will require online streaming services that serve Canadian markets to contribute to the production of Canadian content. This is what I was talking about. When Netflix or these other agencies are selling to Canadians, they have to invest in Canadian culture and Canadian-produced content.

Again, we might not agree with that. We might think that we are so globalized now that we can just get everything from wherever we want, and that should not matter. That of course is a position to take on this matter, but it is not the position that I take. It is not the position that the bill seeks to improve upon, because we recognize that it is extremely important that a portion of that content remains Canadian.

This also prioritizes support for content for francophone, indigenous, LGBTQ2+, racialized and other equity-seeking creators. It ensures online broadcasters will showcase more Canadian content, as I previously mentioned, and it modernizes outdated legislation to bring it into the 21st century.

It is also important to talk about what the bill will not do, despite the fact that I do not think that even my saying this now will change what we will hear. We are going to hear people in the chamber over the course of this debate say that it will do these things, but it will not impose regulations on content everyday Canadians post to social media. If someone uploads something to YouTube, they would not be subject to it even if they have a lot of followers, unless they are making money off it, in which case they would be similar to other businesses making money off it. There is an important point there that I will get back to in a second, because even those who do upload will not necessarily be subject to this.

It also does not impose regulations on Canadian digital content creators, influencers or users, as I said, and it will not censor content or mandate specific algorithms on streaming services or social media platforms. I have already touched on this point, but it is important to mention it again because this is what we will hear over the course of this debate. We will hear that the Prime Minister is personally sitting behind a computer somewhere trying to set an algorithm so that people see more content that he likes.

I know we are going to hear that, because that is the rhetoric that happened with Bill C-10. I have no doubt that we will hear it again with Bill C-11, although I really hope that we do not, but if history is an indication of anything in the House, when these issues come up, Conservatives know exactly which ones are going to be the ones that they can push that will engage public reaction whether or not they are true.

I want to go back to the first comment I made when I was talking about the things it will not do, which was to impose regulations on everyday Canadians. This is important, because the member who spoke previous to me brought up the fact that if someone uploads a video or content and they are making money off it, they are subject to legislation. That is actually not true. There are three criteria, and these are “and” criteria, not “or” criteria, that need to be met in order for something to be considered commercial content. In determining whether the content is commercial content, the regulator will need to evaluate three elements. One is whether the content is monetized, which goes to the member's comment a few minutes ago. However, two other things also have to be present. One is whether the content exists on another non-social media platform, such as Spotify, the radio or TV. The other is whether the content, such as a song uploaded to YouTube, has a unique international standard music number. Those are the three items that need to happen for this legislation to apply.

The previous statement that somebody would be subject to it as long as they are making money off it is actually not the case. There are three criteria that need to be met.

I know that my time is coming to a close, but I wanted to say what this really is about. I hope that everyone will at the very least support the fundamentals of ensuring that the Canadian pool of content remains robust and available to Canadians, because if we look back at the decades that have gone by, the last 70 years or so, the Broadcasting Act, even though it did not apply to the Internet, is what made sure that the content remained available for Canadians to see.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Madam Speaker, I am pleased to rise today on behalf of South Shore—St. Margarets to speak on Bill C-11, an act to amend the Broadcasting Act.

I was executive assistant to Canada's foreign minister when the Broadcasting Act was last amended in 1991. Email was a new thing. Foreign Affairs communicated with embassies through telex. There was no social media, Facebook, YouTube, Twitter or TikTok. Therefore, the revision to the Broadcasting Act under Bill C-11 is long overdue.

I will try to summarize what I believe to be the good, the bad and the ugly of this proposed legislation, and I will start with the good.

There are several important provisions in this legislation that I support, including the requirements to support the increased production of Canadian content by online service providers such as Netflix. The greater support of indigenous programming is also a good start. Coming from Nova Scotia, I also appreciate the increased support and focus on independent production of broadcasting material. It is a step forward that this bill protects the intellectual property of Internet service provider algorithms.

Now let me turn to the bad. We are hopeful that, when this bill reaches committee, the government will be open to amending it to deal with our primary area of concern, the regulation of speech on the Internet. It is true that in proposed subsection 2(2.1) and proposed subsection 4.1(1) the government has excluded individual users of social media from CRTC regulation. A similar commitment was made in Bill C-10 in the last Parliament but removed by the government at committee stage.

However, we were asked in Bill C-10 in the last Parliament, now Bill C-11, to trust the government in its commitment not to regulate individual freedom of speech. This is asking too much of Canadians who no longer trust the government. We should all be concerned when governments flaunt the law with the SNC-Lavalin scandal, abuse the public purse for family benefit in the WE scandal, ignore the views of those it disagrees with and legislate against free speech with the Emergencies Act.

Where are the “just trust me” elements of this bill? They come in proposed sections 4.1 and 4.2. This is the ugly part of the bill. Proposed section 4.1 exempts individual users of social media from the content control of the CRTC. While this is true to some extent, the government presents a legal pretzel in proposed section 4.2. Let me explain this confusing Liberal legal pretzel. The addition to this bill of proposed section 4.1, which says that censorship by the CRTC will not apply to individuals uploading content to an Internet service provider, sounds good, but what the government giveth, the government takes away in proposed section 4.2, where the government can regulate an individual’s Internet content if it generates any sort of revenue. Without knowing or seeing these regulations, this is a broad power to censor the individual.

The government is telling Canadians not to worry and to just trust it. Canadians do not trust the government. We should be especially concerned when the government, under this bill, seeks to legislate on what Canadians can and cannot say if it generates any revenue at all. Individual content creators with fledgling businesses are now being asked to trust the government that, through policy and regulation, they will not be censored. There are no legislated guarantees in the bill to prevent them from being censored.

In his last public address on April 11, 1865, President Abraham Lincoln said that “important principles may, and must, be inflexible.” Freedom of thought and speech are principles with which the Government of Canada must be inflexible in defending, so much so that Pierre Trudeau placed these inflexible freedoms in section 2 of Canada’s Charter of Rights and Freedoms. It guarantees freedom of thought, belief, opinion and expression, the very freedoms that are core to our democracy. Our defence of them must remain inflexible, as Lincoln said.

Let me be clear that our freedoms have limits. For example, in a country like Canada, people cannot incite hate speech or other violent forms of language. Both our common law and Criminal Code have placed limits on that freedom. The distinctions in our Criminal Code are just and ensure the protection of the most vulnerable in our society. If the government wishes to seek further protections for those impacted by racism and other discrimination, I know my Conservative caucus is willing to co-operate, and the Criminal Code is the appropriate legislative vehicle for such restrictions.

Bill C-11 contains more disturbing open-ended online censorship regulatory power for the government. This legislation would allow the CRTC to regulate any content that generates revenue directly or indirectly in proposed paragraph 4.2(2)(a). That means virtually all content would still be regulated, including that of independent content creators earning a living on social media platforms like YouTube, TikTok and Spotify.

What does “indirectly” mean? The government asks for us to just trust it. Last Parliament, Conservatives were quick to point out the flaws in the nearly identical bill, Bill C-10. It was not just Conservatives sounding the alarm. Experts, lawyers, academics and many more people testified at committee and spoke publicly about the problems with the bill.

A former CRTC commissioner said that the bill would be like a hammer to intimidate freedom of expression. Today, given the continued development of technology and the conditions created by the COVID-19 pandemic, much of that dialogue takes place on places like Facebook, Twitter and other websites. This bill would infringe upon the ability Canadians have to post online and to express themselves freely, even if their post “indirectly generates revenues”. Furthermore, the bill would infringe on the rights Canadians have to access content online, which means that the right to view freely would be infringed upon if the bill passes.

To all my colleagues, I ask if they trust the government to decide what they can say, read and watch online. Bill C-11 would give new, undefined power over the Internet to the CRTC, which was built to balance the needs of competing broadcasters, not those of citizens.

The only regulator of thought a Canadian should deal with is themselves. I can assure members that constituents in my riding do not want the censorship elements of this bill rushed through the House of Commons without thoughtful debate and hearings. They want clause 4 amended, and I trust the government will listen to Canadians in this respect at committee and amend this bill.

I ask members to be guided by the words of Lincoln that important principles must be “inflexible”. Be inflexible in defending free speech and amend the section of this bill that would give the government the ability to censor individuals on the Internet.

It is my hope that courage will manifest in all MPs and we can all work toward a Broadcasting Act that upholds the freedoms of Canadians, improves Canadian and indigenous content, supports independent production and does not stifle speech online.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, it is good to be back here. I will be splitting my time today with the hon. member for South Shore—St. Margarets.

The Liberal government has no understanding of Canada, broadcasting or its history, which may be why the Liberals originally regulated broadcasting through the Department of Marine and Fisheries.

The Aird 1928 Royal Commission on Radio Broadcasting was the first to examine the state of radio broadcasting in Canada. Very few remember that commission. The nature of broadcasting has changed in the past century. However, there were conclusions that are still important to remember today. The Aird report was a model of efficiency that we would do well to take note of today. It was only 13 pages long, plus a few appendices. There was only one page devoted to programming content, which is where it was noted that, “Every avenue should be vigorously explored to give Canadian listeners the best programs available from sources at home and abroad.”

This flawed legislation, Bill C-11 does nothing to provide Canadian listeners with the best programs. If anything, it discourages creative programming.

Regulating programming made some sense in the 1930s, when the forerunner of the CRTC was created. Broadcasting then was limited to radio, and with a limited number of available frequencies, the government wanted to ensure a diversity of viewpoints and that Canadians had access to the airwaves.

What did not make sense was the intertwinement of the regulator and the government-owned broadcaster created at the same time. Though the Liberals eventually realized that mistake, they continued to fail to understand the needs of Canadians and the nature of the dissemination of information in the 21st century.

The government is picking up where it left off in the last Parliament and brings us a new bill to amend the Broadcasting Act. What it does not bring is new ideas, nor does it attempt to properly define what it means by “broadcasting”.

According to Wikipedia, “Broadcasting is the distribution of audio or video content to a dispersed audience via any electronic mass communications medium, but typically one using the electromagnetic spectrum (radio waves), in a one-to-many model.”

Britannica tells us:

Broadcasting, electronic transmission of radio and television signals that are intended for general public reception, as distinguished from private signals that are directed to specific receivers. In its most common form, broadcasting may be described as the systematic dissemination of entertainment, information, educational programming, and other features for simultaneous reception by a scattered audience with appropriate receiving apparatus.

By definition, this bill is not about broadcasting. Instead, it is about extending the reach of the government in an attempt to control the Internet and free speech. It may be cloaked in technical language, amended in this paragraph here and that paragraph there, but there is no doubt, the intent is to limit the choices of Canadians.

We all know that the Internet bears no relation to traditional broadcasting. There is no frequency limitation online. The Internet is narrowcasting not broadcasting, as content creators can reach smaller segments of the population, which have not been served by traditional broadcasters.

Canada is home to many world-class writers, actors, composers, musicians, artists and creators. They do not need government rules that would hold back their ability to be Canadian and to be global successes. Canadian content creators make most of their money, about 90%, outside Canada. Social media platforms are global, and Canadians are taking full advantage, both as creators of content and in enjoying what is available.

Canadian social media stars do not want the government telling them what to do when it comes to their work as Canadians. When the Liberals claim that there is now an exemption for user-generated content, this legislation would allow the CRTC to regulate any content that generates revenue directly or indirectly, which means that virtually all content would still be regulated, including independent content creators earning a living on social media platforms such as YouTube and Spotify.

What has upset the Liberals, and the reason they want to provide us with a new definition of broadcasting with this bill, is that they have lost control. Back in the pre-Internet days, the state controlled broadcasting. People needed a licence from the state in order to start a radio or television station and that could not be obtained unless they agreed to allow the state to control their content. With the Internet, the state has lost its ability to control. Each day, about 720,000 hours of content is uploaded in YouTube alone. The Liberals seem to find that offensive. They want to regulate it, to somehow bring the Internet under their control as broadcasting used to work.

If this is simply a matter of the Liberals wanting a slice of the revenue pie to help offset their record deficits, there are easier methods than attacking all content creators. Instead of attempting to regulate the entire Internet, they could concentrate on large streaming services, perhaps those with half a million subscribers or more. Extracting money from streaming services to support Canadian content does not require the overreach the government is establishing.

Even with this, the government might want to think twice. Forcing streamers from outside Canada to contribute to the various Canadian talent development funds, for example, is full of risks. Fairness would say that if the government forces these entities to contribute to the fund, then it must also allow them to access the money that the fund is generating. Rather than creating a level playing field, such a move would harm Canada's traditional broadcasters, especially those whose Canadian content is primarily public affairs or sports programming. How would the limited amount they spend on drama compare with the amount spent by streaming services that specialize in dramatic programming? In that contest, would anyone still be watching CBC?

Certainly, what this bill is not addressing is why we are regulating this. The Liberals, disturbing the free market, have never come across anything that they did not want to control, but just because they can introduce such legislation does not mean it is good legislation or that it should be passed.

For 20 years, there have been calls for the government to redefine the Internet and broadcasting. Wise people resisted the argument, realizing that the Internet, in many ways, is a true example of the democratization of communications. Groups with limited or no access to traditional broadcasting, such as indigenous Canadians, now have unlimited access and the ability to tell their stories without government interference. The Liberals want that to end.

There are perhaps 100,000 Canadians deriving all their income from their online activities. The government is not content with the income it is receiving from their taxes. It also wants to tell them what to create. It does not care if they have a relationship with their audience already.

Our cultural industry is flourishing without government. Bill C-11 should not pass.

The House resumed from February 16 consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

Canadian Heritage

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, yesterday, the House began debate on second reading of the online streaming act.

During the debate, certain opposition colleagues raised interesting questions, even though others practised their leadership race speeches.

Can the Minister of Canadian Heritage tell us what Bill C-11 proposes to do?

Online Streaming Act

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, I am very pleased to rise this afternoon to speak to Bill C‑11. During the 43rd Parliament, I gave a speech at second reading stage of the previous bill, Bill C‑10, and I am pleased that this new version is being debated in the House.

I believe that, in a way, this bill represents a second chance. It gives the official opposition a second chance to clearly support our creators and to hold to account a massive industry that is gaining influence by the day. I am obviously speaking about the digital broadcasting industry, otherwise known as streaming services. This bill offers a second chance to hold the web giants at the heart of this industry to account.

The Conservatives say they support the little guy, but by opposing Bill C‑10 in the previous Parliament, they sided instead with the giants, the most powerful players, those dominating the public space in the digital era.

Our creators play a key role in our society and our economy. They are not just here to entertain us, to serve as a distraction from everyday living or to offer an escape from real life. They have a much more profound and important role. Creators reinforce our identity and help it grow in a world that is constantly changing and evolving. Creators hold a mirror up to our society. They show us who we are, both the good and the bad.

Creators help us learn about and understand our past. They also serve as a beacon, illuminating a future full of possibility. Creators embody the soul of a people, a nation, a country, and their work feeds that soul. If we do not take care of our artists and creators, if we do not ensure they can earn a living, if we allow them to wither and die, our collective soul will pay the price.

Artists motivate us as individuals and as a society. They motivate us to keep building. For example, when we experience an exceptional piece of art, especially one that reflects our own stories and our own reality, it imbues us with a sense of pride in who we are and what we can accomplish. This pride motivates us to keep building our community and sharing our perspective with the whole world.

I am thinking of the work of Jean-Marc Vallée, who passed away recently. We recognize ourselves as Quebeckers in his films, particularly C.R.A.Z.Y and Café de Flore. We also hear our voice in his Hollywood movies like Big Little Lies, Dallas Buyers Club and Demolition Man. His Hollywood projects generated economic spinoffs for Quebec and Canada, even in my community of West Island in Montreal. I have a friend, Gavin Fernandes, who worked with Jean-Marc Vallée for a long time doing post-production work on some of his films.

In very practical terms, arts and culture are an economic force. As for the sectors targeted by Bill C-11, let us look at broadcasting. Broadcasting contributes roughly $9.1 billion to Canada's gross domestic product. That represents 46,556 jobs.

The film and video sector contributes approximately $4.3 billion to the Canadian economy, which translates into 71,868 jobs. Finally, the music and sound recording industry injects $572 million into the Quebec economy, which translates into 8,286 jobs.

I would take it one step further. Contributions made by the creative sector transcend the industries I just mentioned. Creativity is at the heart of nearly everything in a modern economy like Canada's, where things like ideas, experiences and symbols are increasingly consumed alongside physical products.

[Nathalie Sinclair-Desgagné, Bloc, Terrebonne, QC]

Madam Speaker, my colleague and I are both members of the Standing Committee on Finance, and we heard some really compelling evidence from Sophie Prégent of the Union des artistes. She said that artists have suffered enormously during this pandemic, and that never before had they withdrawn so much money from their RRSPs.

Bill C-11 could have helped many of these artists earlier. Why did it take so long for the government to introduce it?

The House resumed consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I will be sharing my time with the hon. member for Lac-Saint-Louis.

It is an absolute privilege for me to stand in the House today, on behalf of the residents of my riding of Davenport, to speak in support of Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts. I am truly grateful for the leadership of the Minister of Canadian Heritage and the work that he, his department and his team have done with respect to the bill.

As I have mentioned many times in this chamber, my riding of Davenport, in Toronto's west end, is home to more artists, creators and those in the cultural industry than probably most ridings across this country. Anything that impacts artists and cultural sector is of great interest to me and to the residents of my riding.

Before I go any further, I would like to acknowledge that I am delivering this speech from the unceded traditional territory of the Algonquin nation.

Our federal government is committed to advancing the interests of Canada and Canadians through a forward-thinking digital policy agenda. This will include steps to make the Internet fairer and safer for all Canadians, while ensuring that it remains an engine for innovation.

For decades, our system has guaranteed the creation of Canadian movies, TV shows and music. Today, streaming platforms benefit from access to the Canadian market, but have zero responsibility toward Canadian artists and creators. With Bill C-11, our online streaming bill, we are asking online streamers to showcase and contribute to the creation of Canadian culture. The online streaming act would also improve fairness in the broadcasting system and ensure the sustainability of our cultural industry and the livelihoods of Canadian artists and creators.

A key and important element of the online streaming act is its application to online streamers. This issue has seen a lot of debate in the past, but our approach moving forward is quite simple. Canadians will continue to be able to use social media as they always do and will not be subject to this legislation. User-uploaded programs on social media, including those of digital-first creators, are excluded.

The online streaming act is about broadcasting and ensuring that online streaming services that provide access to commercial programs are required to contribute in an equitable manner. During the last parliamentary session, this bill's predecessor was the subject of a lively debate about the treatment of social media services and their role in supporting our creators and culture.

We know that parliamentarians, broadcasters, cultural creators and all Canadians rightfully value freedom of expression. We are also passionate about supporting our unique, vibrant culture and ensuring that there is a prominent place on our airwaves, our TV screens and the Internet for Canadian music and stories.

Let us be clear. The online streaming act would not force a choice between these important objectives. Our federal government listened to the concerns of many different stakeholders, built on the work of my colleagues from the last parliamentary session and, as a result, changed the approach to appropriately recognize the role of social media platforms. Under this approach, users of social media, including online streamers, are not impacted. The bill would not impact their choice of freedom of expression.

Social media services play a role both as communication tools and as broadcasters. The online streaming act recognizes this dual function. When social media services are used as communication tools to share personal content, they are not covered by the bill. In fact, the vast majority of activity on social media services is not covered by the act.

At the same time, the CRTC can impose obligations of social media services in situations where their activities are the same as those of other online broadcasters. The approach is simple.

First, the users of social media services are not considered broadcasters. They will never face obligations under the act. This means that no matter how active we are on social media, what we post, read or comment on will always fall outside the scope of the Broadcasting Act. The online streaming act is not about our activities on social media.

Second, social media services like YouTube can only have obligations in relation to the commercial programs they carry on their services. Content that does not generate revenue, the content of digital-first creators that is only distributed on social media and amateur content are excluded.

Finally, when social media services are used to distribute commercial music, they can be required to contribute in the same way as other online streaming services. It is only fair. After all, two-thirds of Canadians listen to music on YouTube. We owe it to our talented creators and our Canadian broadcasters to ensure fair treatment of programs consumed on different platforms, regardless of how they are distributed.

I will outline this approach in greater detail. The online streaming act is not about regulating the Internet. It would not affect Canadians' ability to use the Internet. Canadians would be able to connect with friends and family, and stream their favourite movies and TV shows, just as they always have done. The act would set clear limits as to where the CRTC may impose obligations. Content uploaded by Canadians on social media platforms, such as Facebook or YouTube, would not face obligations, except in clearly defined circumstances as provided in section 4.2 of the act.

Let me provide a few examples. Ottawa's Jade Taylor-Ryan uploads a video of her dancing cat, Ed, that reaches over 10 million likes on TikTok. Jade Taylor-Ryan is a user of social media and would never be covered by the act. TikTok would also not face any obligations in relation to Jade's video. Gurdeep Pandher, Yukon's famous bhangra dancer, uploads his YouTube videos that have danced their way into many hearts. Gurdeep Pandher is a user of social media, and would never be covered by the act. YouTube would also, in this case, not face any obligations in relation to Gurdeep's videos. YouTube and other social media services cannot face obligations in relation to these user-uploaded videos, because they are not the kinds of videos offered on other streaming or traditional broadcasting services, such as TV and radio stations, or Spotify and Netflix.

Again, if a Canadian uploads a video of their child's birthday party, that would also fall outside the scope of the act. Even when a Canadian captures their pet's hilarious moment and uploads it to social media, where it goes viral with millions of views, both the user and the content would always fall outside of the scope. Again, the act would not apply to content generated by everyday Canadians or to social media services for their distribution of that content.

This brings us to the question of digital-first creators. Social media platforms have helped turn many Canadians into household names. We have seen the rise of such talents as Gigi Gorgeous and Asian-Canadian pop singer, Alex Porat, on YouTube. Platforms like Bandcamp and SoundCloud have provided opportunities for artists such as Hussein Ahmed, a.k.a. Handsome Tiger. He is a producer and DJ of Anishinabe-Métis-North African descent. These individuals are among the many Canadian digital-first creators. Their content is developed first and foremost to be distributed on social media platforms. It is not distributed through other broadcasters.

The intention of this bill is not to interfere with or stifle these Canadian voices. That is why the government intends to instruct the CRTC through a policy direction to ensure that the content of digital-first creators be excluded from the act. Therefore, social media services would not face any obligations in relation to the programs of digital-first creators. We have been clear on this from the very start.

The online streaming act would only allow the CRTC to impose obligations on social media services with regard to a subset of commercial content, such as commercial music. The legislation includes three factors the CRTC would have to consider in identifying commercial programs. It would consider the amount of revenue generated by the program, whether the program was available on other traditional or online broadcasters, such as Netflix or Spotify, and whether the content had been assigned an international standards code number.

The objective here is fairness. Any service used to distribute commercial programs in our homes, cars or pockets would be required to contribute to Canadian stories and music. This approach would ensure that music like Edmonton native Ruth B.'s song, Dandelions, which is also popular, would be treated the same way when made available through YouTube as on the radio or Spotify.

In conclusion, the new approach to social media in the online streaming act would ensure that social media services contribute in an appropriate manner to the Canadian broadcasting system while respecting the rights, freedoms and choices of Canadians. With our online streaming bill, we are asking online streamers to showcase and contribute to the creation of Canadian culture. Both Canadian broadcasters and streaming platforms should play from the same set of rules. I ask all the hon. members of the House to support the online streaming act. We owe it to our creators, our culture and all Canadians.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I share his sense of urgency. A considerable amount of money is being stolen from artists every month and every year. I am not an artist, but I am quite familiar with their situation because my brother is part of the Quebec folk band Le Vent du Nord. Members of the band are paying close attention, and they want the government to act as quickly as possible.

I think we can do that because Bill C-11 is a good foundation on which to build. The last time, the Bloc Québécois made a lot of suggestions and improvements, and the NDP supported most of them. I think that the Bloc did the same for the amendments suggested by the NDP, so I think we will be able to work together because we both have a strong interest in these issues.

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Madam Speaker, I thank my colleague from Rosemont—La Petite‑Patrie for his excellent speech and comments, which line up with most of our ideas.

I would like his take on the work that was done on the former Bill C‑10. The Bloc Québécois made a lot of suggestions, additions and corrections to improve it. We are now faced with the current Bill C‑11, which I certainly think could easily be passed once it is studied.

The thing that bothers me is the $80 million a month that skips over the creators and goes straight to the broadcasting bigwigs. It makes me so mad. As a singer-songwriter myself, I know that all of my colleagues are up in arms over this.

Does my colleague also believe that we must deal with the bill urgently and efficiently?

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, given that we agree with the principle of supporting our cultural community, our artists and our creators, we will definitely push for a bill that does exactly that, with the necessary corrections. I talked about two of them earlier.

The NDP will therefore work constructively at committee to improve Bill C-11 and address the problems. However, I would encourage the federal government to do a much better job defending its bill than the previous heritage minister did. I hope the new Minister of Canadian Heritage does not fall into the traps that the Conservative Party will try to set on the issue of freedom of expression.