Bill C-10 (Historical)

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) update the broadcasting policy for Canada set out in section 3 of that Act by, among other things, providing that the Canadian broadcasting system should serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds — and should provide opportunities for Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(c) 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 Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide Indigenous language programming operate,
(ii) is fair and equitable as between broadcasting undertakings providing similar services,
(iii) facilitates the provision of programs that are accessible without barriers to persons with disabilities, and
(iv) takes into account the variety of broadcasting undertakings to which that Act applies and avoids imposing obligations on a class of broadcasting undertakings if doing so will not contribute in a material manner to the implementation of the broadcasting policy;
(d) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(e) 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;
(f) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(g) 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;
(h) 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;
(i) 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;
(j) 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
(k) 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

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, as to the issue of creators, we had a debate around Bill C-10 on this: When is a product Canadian, even if it is called Canadian something or other? I happen to have family in the film business. They are are actors. A lot of what the U.S. productions that are filmed in Canada do is pay scale to Canadian actors. We all love Ryan Reynolds, and who does not? However, he lives in the States and gets the big bucks. He deserves them, but consider our actors in Deadpool and other films that are filmed in Canada. If they are not getting paid at the same rates and are not getting their careers boosted, we are undermining Canadian content by having a kind of Canadian gloss over U.S. productions, even The Handmaid's Tale.

I put that to him for comment.

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Madam Speaker, I am happy to rise in the House to speak to Bill C-11, an almost carbon copy of Bill C-10, which the Minister of Canadian Heritage himself, to his credit, admitted was deeply flawed.

Let me start by first acknowledging the creators, artists, musicians and all those who work so hard to bring Canada’s arts and culture to the world. They undoubtedly deserve to be highlighted and given the opportunity to share our history and stories on the many platforms available in today’s world. Many of my colleagues and I have experienced their work first-hand and have met with many talented individuals across our country. The Conservative Party knows the importance of ensuring that Canadian artists are heard, appreciated and given the ability to share their art not just with Canadians but the world. Creators need rules that do not hold back their ability to be Canadian and global successes.

There is absolutely no doubt that after 30 years, the Broadcasting Act should be updated. Technology has evolved, and the ways in which Canadians create and consume stories have changed. Thirty years ago, the Internet was not what it is today, and people relied on radio, cable television and newspapers to consume content. That is what the Broadcasting Act was designed to regulate. Today, most Canadians consume content on the Internet, from streaming services to social media platforms. We live in a world where digital information is accessible to everyone in this country at any time.

I will first take the opportunity to highlight what Bill C-11 is proposing.

The bill proposes to expand the Broadcasting Act beyond the current platforms to include large foreign and domestic streaming services such as Netflix, Prime and Disney+. It also includes user-generated content created on social media sites such as YouTube and TikTok. This means that newer forms of media previously subjected to little or no government oversight will be brought under the authority of the Canadian Radio-television and Telecommunications Commission, the CRTC.

Many Canadians and I know that Bill C-10 contained similar content and raised concerns regarding free speech, not only from opposition members but from many organizations. The inclusion of user-generated content in Bill C-10 meant that anything Canadians chose to upload or post on social media or on any creative content-sharing platform would fall under the authority of the Broadcasting Act and be regulated by the CRTC. Why was that an issue? There was very little accountability, and it was unclear what authority was being given to the CRTC. There was no indication of what any of the regulations would be, and there would be little to no parliamentary oversight, meaning that a government agency would be controlling what content Canadians see.

Coming back to the bill we are debating today, in Bill C-11 the government has included an exclusion on user-generated content on social media. However, upon reading the bill, there seems to be an exclusion to this exclusion. What does that mean? It means that once again, the government, through the CRTC, could regulate user-generated content.

As Matt Hatfield from OpenMedia stated:

Trying to exclude user generated content from CRTC regulation is a good step, and an acknowledgement by the government that last year’s Bill C-10 was a mistake.

The problem is that it isn’t clear if they’ve actually excluded user generated content. They’re working from a foundation of a clean separation of professional and amateur content on the Internet that simply doesn’t exist. Major Canadian Internet productions like podcasts could find themselves in the worst of all worlds—subject to CRTC regulation, while not able to seek CanCon funding.

While we can acknowledge an attempt by the government to fix its admitted error within Bill C-10, there is still too much uncertainty about the impact Bill C-11 could have on digital first creators.

According to a summary of the 2019 report from researchers at Ryerson University, “there are an estimated 160,000 Canadian content creators on YouTube, including 40,000 who have enough of an audience to monetize their channels. These 40,000 creators have in turn sparked the development of nearly 28,000 full-time jobs”. These are positive economic impacts that should be encouraged and praised rather than hindered and targeted. While the intent of the bill may be to support Canada’s broadcasting industries, it marginalizes Canadian digital content creators who are successfully sharing Canadian stories across the globe.

We on this side of the House believe that large foreign streaming services and social media platforms should not be given unfair advantages over the regulated Canadian broadcasting sector. They should be expected to contribute to and create Canadian content and have Canadians tell Canadian stories. Foreign streamers should pay their fair share.

We all agree that large streaming providers should feature more Canadian content, but what is Canadian content?

Recently, I watched the Disney film Turning Red with my kids. It is set in Toronto and tells the story of what it is like growing up as a Chinese Canadian teenager. The film stars Canadian actors, yet under the current rules, this movie is not considered Canadian content.

A series based entirely on the Toronto Maple Leafs being streamed on Amazon is not considered Canadian Content. The Handmaid's Tale, based on a novel written by a Canadian author and filmed in Canadian cities, is not considered Canadian content. The movie Deadpool, based on a Canadian comic book character, starring a Canadian actor, co-written by a Canadian and filmed in Vancouver, is not considered Canadian content.

This bill would require streaming services to invest in and create more Canadian content. However, these films, biographies and TV show adaptations that most of us would consider Canadian content simply are not. This definition must be broadened so that these large streaming services want to invest in our great Canadian talent and tell Canadian stories.

I want to turn more broadly to the CRTC because I think a large part of the criticism of this bill is about a lack of clarity and the amount of control and regulatory power that would be given to the CRTC.

It will be up to the CRTC to administer this act, and I think there is reason to be concerned. The CRTC is already spread thin and lacks the capacity to carry out the current mandate effectively. How exactly can Canadians have faith in the CRTC’s ability to regulate the Internet and redefine what is Canadian content when it is already struggling to cope with the 4,000 or 5,000 entities in the broadcasting sector? What tools will have to be provided to the CRTC and how much money will this cost taxpayers? My colleague, the member for Saskatoon-Grasswood, asked the CRTC chairman how the CRTC was ever going to pay for this. His response was that it would go directly through the Treasury Board, meaning that Canadians would be on the hook for more regulations and rules, with no oversight or accountability.

The government has proposed Bill C-11 with a “just trust us” approach and has failed to provide clear policy direction on how the CRTC’s regulatory powers would be interpreted. It is unclear whether the CRTC even has the capacity or, to be frank, the competency to actually successfully execute what the government is proposing through Bill C-11.

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

Madam Speaker, first off, I want to say that the member is incredibly lucky to have Wyatt Sharpe in his riding. What an incredible young individual. By no means should anybody judge his ability to interview people based on his age, because I know from appearing on his show not that long ago that he is a hard-hitting individual who knows his stuff well in advance.

My real concern over the member's speech is his comments with respect to how this bill would somehow limit user content. I cannot help but think that something that we chuckled at at the beginning of his speech when he talked about Bill C-10 might actually be true. What this bill has in it that perhaps Bill C-10 was not as explicit about is a number of sections that reference making sure that user-generated content is protected: proposed subsections 2(2.1), 2(2.2), 2(2.3), 4.1(1), 4.1(2) and 4.2(3).

I am wondering if the member has actually read this version of the bill or if indeed his comments about user-generated content were based on Bill C-10.

[Philip Lawrence, Conservative, Northumberland—Peterborough South, ON]

Madam Speaker, it is always an honour to speak in the House, but particularly on an issue as important as Bill C-10, or rather, Bill C-11. I apologize. I am in the last Parliament.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Madam Speaker, I thank my colleague from Louis-Saint-Laurent for his speech. I have a lot of respect for him.

The Bloc Québécois will be happy to support this bill. The amendments we put forward for Bill C‑10 are included in Bill C‑11, which has to do with the Broadcasting Act.

My colleague has experience as a journalist, and an excellent one, I would add, so I would like to hear what is holding him back from supporting Bill C‑11.

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, indeed, we also see problems with discoverability. In this respect, however, an amendment proposed by the Bloc Québécois to the former Bill C-10 was incorporated into Bill C-11, and it addressed more than just discoverability.

That is why I commend the collaborative work we did with the government in this regard. Everything proposed by the Bloc, including discoverability, was added to the bill. That is why we are eager to support it.

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

Madam Speaker, I would like to thank my colleague from Repentigny for her speech and for her passion for Quebec culture in particular and cultural diversity in general.

I think we are at a point where the web giants have to participate in the cultural funding and production ecosystem, especially the francophone one. For years now, these digital broadcasters have been left alone, and it is as if we gifted them billions of dollars.

We agree that Bill C-11 is an improved version of Bill C-10. However, does my colleague not see a problem with the discoverability of content? You can have the best Quebec, French, Italian or Spanish films, but if only American productions are streamed and people cannot find Quebec songs, there is a problem.

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, that is quite the question. We very much want this to be unanimous. It seems there are still items where the text is not yet definitive. We know that words have meaning and that they can sometimes lead to something other than what was intended.

If the text of certain sections is problematic, let us debate it and make it clear in committee. That is all we ask. I think that the official opposition party should agree, without unreasonably prolonging debate.

The Bloc Québécois was never very happy with the idea of time allocation, even though we found it was necessary in the case of former Bill C-10. However, since certain sections of the former bill were corrected in this version, I would really like the official opposition to provide positive and constructive comments so that we can send Bill C-11 to committee and study it properly.

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, it will come as no surprise if I begin my speech by saying that standing up for Quebec culture is at the heart of the Bloc Québécois's mission. It is the focus of every MP sitting with me who belongs to our party. Our culture, our history and the French language, the only official language of Quebec, make us stand out in the broader North American communications landscape.

It was therefore natural that the Bloc Québécois should work to improve Bill C‑10 in the previous Parliament. We were very disappointed that it fell by the wayside when the election was called, but I am pleased that it was re-introduced in its new iteration as Bill C-11. These provisions are important to us. Several recommendations that our party made in committee were favourably received by the government before the bill was re-introduced. We salute this spirit of co-operation.

Broadcasting legislation has not been touched since 1991, so updating this legislation now is not repressive, nor will it jeopardize any freedoms. Legislation is undoubtedly the most effective way to ensure that there is more equity when it comes to accessing and broadcasting Quebec and Canadian productions. Essentially, this is a way to spotlight Quebec, Canadian, indigenous, regional and other identities.

Quebec's and Canada's cultural communities have been waiting for decades for the government to update this legislation. The clock is ticking. The first thing the cultural sector called for was for Parliament to adopt the bill as quickly as possible. I was set to give my speech in February. The Yale report was released two years ago. Things are certainly not moving quickly.

The Bloc Québécois has what I would consider an objective view of the 21st century. I often talk about environmental issues. Our positions are based on following the science, taking bold action, implementing strong legislation and so on. Our position on cultural matters is similar, in the sense that we will listen to what sector stakeholders tell us. We need to keep up with the times. The new 21st-century platforms have changed how we interact with the cultural sector as a whole. We therefore need to take bold action and implement strong legislation.

Whichever way we look at our culture and its distinctive colour, which is sometimes loud, sometimes muted, this aspect of our existence in society needs to be viewed through the prism of its fragility. Fragility, not weakness.

Given the startling evolution of information and communication technologies, only someone who is willfully blind could deny the influences of our neighbours to the south. I said influences, but I sometimes feel like calling them imperialist effects. The questions that came up during the study of this bill would never be asked in the United States. The big U.S. conglomerates and other broadcasting platforms with global reach and territory are not so concerned about fragile cultures like ours, which we would like to be protected.

Cultural sovereignty is not an abstract concept. It should never be trivialized. Let us remember part of a speech by my fellow member for Longueuil—Saint-Hubert on the importance of this bill:

Such is the risk of a people becoming nothing more than one demographic among many. A culture, especially a minority culture like ours, is a precious and delicate garden that could be swept away and destroyed by the fierce winds of technological globalization. If that happens, the world would lose our unique and irreplaceable colour from its spectrum. That would be a tragedy for the entire world, because when a culture dies, it is a loss for all of humanity.

That would be infinitely sad.

Imagine taking a trip, hoping to explore new horizons, learn new things and get better acquainted with a culture, only to wind up hearing the same music everywhere, seeing the same values and the same social mores. That would be really horrible. That is precisely why this law is needed, so that we can continue to produce our stories, convey our realities in music or on screen, and, above all, promote them around the world. If this possibility disappears, an entire culture will suffer the consequences.

Culture is the heart of a nation. When culture is eroded, the nation is affected. Quebec is a nation, Canada is a nation, and our first nations, Métis and Inuit communities are nations.

Does anyone here really want to see all that disappear?

Content producers want to see this bill passed. The growing cultural sector in Quebec enthusiastically supports the Bloc’s requests, which seek to enhance the bill.

The Liberals, the NDP and the Bloc supported Bill C-10 and made an effort to improve it during the session, but the Conservatives were against the bill from the start.

The Conservative Party wants the government to intervene as little as possible, and it sees privacy issues everywhere. That is why there has been a major smear campaign. They tried to find all sorts of flaws in the bill, but they were often grasping at straws. The Conservatives used a whole lot of parliamentary manoeuvres to slow down the process. The same thing happened in committee, in both the House and the Senate, despite the fact that the Department of Justice did a legal analysis that stated that there was no impact on freedom of expression. I hope that people believe in the department.

The Conservatives, short on arguments, went even lower.

The hon. member for Lethbridge talked about Quebec culture as being outdated. That hurt us, heart and soul. We do not necessarily want to listen to American hip hop or Nashville's top 10 country pop hits.

Of course, Bill C-11 is garnering considerable interest because all Canadian cultural sectors will benefit from this legislative review. The objective of the new bill is substantially the same. Indeed, Bill C-11 has the same objective as Bill C-10, namely to subject web giants to the Broadcasting Act by forcing them to contribute financially to the creation and discoverability of Canadian cultural content.

Why would we stand idly by and do nothing about what is happening right now?

The major broadcasters and their web giant partners will have to respond to the Canadian government’s legislative expectations. I am thinking about Netflix, Apple TV+, Disney+, Amazon Prime Video and music streaming services like Spotify, YouTube Music and Apple Music.

Our American neighbours sometimes have a chuckle about Canadian culture. They joke about the RCMP’s uniforms, the way we say “eh?” and even poutine and Tim Hortons. They find it all a bit ridiculous. I will bet that the elected members that are fighting the bill tooth and nail do not really see a difference between Canadian and American artistic content. We do see a difference. If we asked these same elected members about Canadian content from emerging artists, they would be surprised to hear that these same artists are in favour of such a law. Once we have clarified the question of the freedom of web users, every Quebec and Canadian cultural sector will benefit.

Under the new version of the bill, creators, users and influencers are exempt from the law. Perhaps this was not clear in Bill C-10, but it is in Bill C-11. Canadian and Quebec artistic talent has merit. Just because the dominant language in the rest of Canada is English does not mean that we should bend over backwards and make concessions that go against our cultural identity.

To conclude, I will say that being mindful of the identity of peoples and their ways of expressing their culture and sense of belonging is in no way trivial or irrelevant.

This is what the Bloc Québécois wants to know: Are we going to govern our digital economy according to our own democratically established laws and regulations, or are we going to keep allowing foreign giants like Google and Facebook impose their rules, mores and standards on us?

I would like to believe that it is still possible for all the elected members of the House to listen to reason so that the bill can be unanimously referred to committee for study.

The Bloc Québécois is proud to stand strong and defend our culture.

Extension of Sitting Hours and Conduct of Extended Proceedings

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

Madam Speaker, it is a pleasure for me to participate in this debate, which I have been following carefully for the past few hours.

Human memory is a curious thing. I am not a psychologist, but I have noticed that humans have a tendency to forget the most painful memories, the difficult and distressing moments of the past, and this can sometimes condemn us to repeat the same mistakes. I think others would agree with me.

At a certain point, people often decide to focus on the positive and forget the negative. When I say “the negative”, I am talking about the crisis we just went through, and are still going through, but it was worse in 2020-21. Life has been completely turned upside down since March 2020, including our personal, family and work lives, and our work in this Parliament, in the House of Commons.

If we go back a bit, we will recall that the House of Commons did not sit for weeks. At the very beginning of the pandemic, it was extremely important to practise social distancing. There were perhaps a few hours once every two weeks where a handful of MPs could come to the House of Commons to adopt measures for Canadians and businesses. Apart from that, we lost a tremendous amount of time before setting up the hybrid Parliament.

Some may say that it is true that we lost time, but they will also accuse us of calling an election and losing even more time. Those who say that are not providing the full picture of what happens in a Parliament with a minority government, which has a very specific dynamic.

If we look at the history of minority governments in Canada, they do not last much more than 18 months. After that, the opposition likes to spin a narrative that the government is not working very well, and it repeats that story out loud day after day during question period. The government then starts to drag its feet for real. The opposition points the finger at the government, claiming that it is not accomplishing anything, that it is getting nowhere and that a new government is needed. That is how it plays out; that is how it has always played out.

I have been an MP under several minority governments, more so than under majority governments. This is the dynamic that usually takes hold, especially after an opposition party elects a new leader and a minority government has been in place for 18 to 24 months. People start thinking about triggering an election.

Our government was operating in a crisis, and it had to go back to voters for a reset, if you will, and a renewed mandate. When the government was elected in 2019, there was no crisis. Later on, it had to implement health measures, and strengthening and extending those measures required a mandate from Canadians. We lost time because of the pandemic, and we were unable to move forward on certain files.

The House has spent a very long time on Bill C‑8, a major bill that is crucial to helping Canada recover from the pandemic crisis. The bill is supposed to implement the fall economic update, but we have not yet passed it, and summer is just around the corner.

Why is it important?

Bill C‑8 provides essential support to workers and businesses to fight COVID‑19 and will continue to support the provincial and territorial health care systems with supplies of vaccines and rapid tests. The more information Canadians have about their health, the easier it will be for them to make decisions that enable them to keep the most vulnerable people—such as seniors and immunocompromised people—healthy, to keep themselves healthy and to keep others safe in the face of this pandemic. Canadians need assurances that they will not get sick when they go to work and that they will not make their loved ones sick with COVID‑19.

Bill C‑8 will also protect children by ensuring that schools have adequate ventilation. We must do everything in our power to prevent outbreaks in schools. This bill would implement a number of tax measures, such as tax credits for businesses that purchase ventilation equipment and for teachers who buy school supplies to facilitate virtual learning.

The safe return to class fund originally provided $2 billion to the provinces and territories to help cover a variety of investments to protect students and staff. The addition of $100 million to the fund is intended to support projects with the primary objective of increasing outdoor air intake or increasing air cleaning to help reduce transmission of COVID‑19.

I would also like to take the time to recognize the great work being done by teachers across the country. They are doing the most important job: taking care of our next generation.

Bill C‑8 is very important for recovering from the pandemic and avoiding a setback. We do not need any setbacks at this point. Things are hard enough, and we are already facing enough challenges, so this is an important bill in that sense. However, it is also a bill that is dragging on. What the opposition does from time to time is drag its feet in an attempt to show that the government does not have the competence to achieve its objectives.

There are other very important bills to be passed as well. I am referring in particular to Bill C-13, which deals with official languages. I represent a community that is predominantly made up of a linguistic minority in Canada, and Bill C‑13 will help better support this linguistic minority. It will enshrine the court challenges program in law, in a way. This program helps official language minority groups defend themselves in court when they are faced with actions such as the Harris government's move to close the Montfort Hospital, or the Harper government's move to cancel the court challenges program. This is therefore a very important bill for the anglophone minority in Quebec, but also for the francophone minority outside Quebec, as well as for promoting the French language and francophone culture in Quebec and across the country.

Bill C-11 is just as vital to promoting Canadian culture, including Quebec culture and French-Canadian culture. Let us take a look back and think about Bill C-10 in the previous Parliament. That was another bill on which the opposition was dragging its feet and filibustering in committee and in the House. They seemed to support the bill initially, but once the Conservatives saw the winds changing, especially among certain segments of the voting public, they changed their tune. This example illustrates how the official opposition decided to drag its feet and create obstacles. Let us get rid of those obstacles and move forward.

Online Streaming Act

[Corey Tochor, Conservative, Saskatoon—University, SK]

Mr. Speaker, be it across the floor or at committee, when Bill C-11 gets there, I wonder what the coalition partners are going to ask. How are they actually going to scrutinize the bill when their partner, the Liberal government, is proposing it? In the case of Bill C-10, we did see some questioning from the NDP on that government bill, and ultimately, thankfully, Bill C-10 was defeated. I have less hope for this bill.

I have less hope for the freedoms that Canadians have relied on and expect to have in their country. After the bill passes, we will have an Internet tsar that will tell us what we can and cannot post and what content we can watch. Meanwhile, I have highlighted how problematic it is that through technology we are going to be able to do an end run around that.

What would this bill actually accomplish? I believe that in the end it is going to limit people's choices, not expand them. It will not expand a creator's ability to tell Canadian stories, and that is what needs to happen first. We will see when this bill gets to committee.

I know some members have questions for me and I am going to cede my time and allow them to ask those questions and have a proper debate. I do hope that we have a proper debate at committee, because we have heard from too many Canadians that the bill is wrong.

To the Canadians who are watching, please consider contacting your Liberal or NDP-Liberal government MP at their office and explain why this censorship bill is not right for Canada.

[Corey Tochor, Conservative, Saskatoon—University, SK]

Madam Speaker, it is good to hear the NDP members defending themselves on crossing the floor. I think they are going to have to defend themselves a lot, because I believe history will show the follies in the move they have made to prop up the government.

There were also problems with the last time this bill was before the House as Bill C-10. Now it is Bill C-11, but Bill C-10 was at committee. At that time, the NDP did not cross the floor, but the bill never became law, thankfully.

[Melissa Lantsman, Conservative, Thornhill, ON]

Madam Speaker, I am honoured to have the opportunity to rise in this place on behalf of the good people of Thornhill to speak to issues within Bill C-11, the online streaming act. It is a new name. As many will remember, in the previous Parliament my colleagues in this place spoke to the issues in a different bill: That was Bill C-10, an act to amend the Broadcasting Act.

While this new bill has a new title, the very same issues exist in this bill as did in the last. It is almost the same bill, with a different name and the same problems. Those problems were an admission of the former heritage minister: He said it was flawed. It was a flawed bill that nevertheless passed the House only for Canadians to be spared its overreach by an election the Liberals deemed the most important in history. That, of course, brought us to almost the same result, with the same bill by a different name. This bill is a near copy of the government's deeply flawed Bill C-10. It fails to address the serious concerns raised by experts and Canadians from coast to coast to coast.

While we will hear members opposite claim that there is now an exemption for user-generated content, which is one of the major concerns the minister admitted was deeply flawed, the new bill would do the same thing as the old bill and would allow the CRTC to regulate any content that generates revenue, directly or indirectly. That means virtually all content would still be regulated, including independent content creators earning a living from platforms such as YouTube, Spotify or even TikTok, which is a favourite of some members in the new government arrangement.

Let me be absolutely clear. Conservatives support creating a level playing field between large, foreign streaming services and Canadian broadcasters while protecting the individual rights and freedoms of all Canadians. That is fundamental. We also know that Canada is home to many world-class writers, actors, composers, musicians, artists and creators. Creators need rules that do not hold back their ability to be Canadian and global successes. With this all being true, there are those who are rightfully warning that digital creators, those we celebrate as Canadian stars, could lose foreign revenue if the government forces digital platforms to promote Canadian content. That means cutting into revenue that Canadian content creators earn, which is the exact opposite of what we should be doing.

The online streaming act would skew the algorithm our online platforms use to match them with viewers' personal preferences. That force-feeding of Canadian content that the government chooses, rather than what might match the viewers' preferences, is no doubt a problem: When they force people to watch something that they may not want to watch, in an effort to promote it, they might be doing the exact opposite. It would suggest that if they force content on viewers, a conclusion could very well be that the forced content is not actually popular, leading of course to potentially less promotion abroad of what was irreparably deemed unpopular by the government or the CRTC.

This is actually disadvantaging our talent, which is arguably one of our greatest exports. Yes, as many in the House know, videos that few people watch are actually harder to find. They do not pop up. They are not promoted. If people do not select the Canadian content the government decides it wants them to watch or that it has offered them, people click on something else, leading to perhaps the dreaded thumbs-down rating. This, of course, knows no boundaries, and it would be deemed less popular here and abroad. Again, the government will say it is not doing that and that it will not regulate YouTube users and TikTok users who post their content, but that is not what the bill says.

The bill would give the authority to the CRTC to regulate any content. Even if people were to take this at face value and believe it, why would the government not make that scope in the bill more clear? Why would it not make it more prescriptive? If it walks like a duck and it talks like a duck, it is probably a duck. Hiding behind the complexity of legislation, as the minister has, should be a concern to every single Canadian who generates content that this bill would regulate and every single Canadian who watches it.

It should be of great concern that the CRTC is being tasked with administering the act. It is a body already stretched to its limits in this country. A fair question to anyone supporting this bill would simply be that if the CRTC lacks the capacity to carry out its current mandate effectively, how can it be expected to take on the entire, infinite Internet? Knowing all that, the CRTC would be handed the power to develop the rules and regulations. It could make those up as it goes along, because guess what? The bill does not stipulate it.

This act would bestow on the CRTC the ability to determine its own jurisdiction without constraints, again despite it having no capacity to even do it.

Let us put that very serious issue aside for a moment and pretend the government bill does not do what it says it is going to do.

When the government sticks its nose in where it does not belong, we find ourselves up against a difficult reality that has become a recurring theme for the opposition.

If this bill is passed, Canada will become the first democratic country to enforce its Internet regulation law. Canada will also become the first country to regulate online content created by people living in Canada.

We will be in good company with dictators from countries like Iran, Turkey and North Korea when it comes to protecting personal freedoms, because the government is not comfortable with a vast, open communication space that exists outside its control.

That is control the government could potentially exert over the tens of thousands of digital first creators who have found a way to earn a living and export their talent globally. We should be celebrating these accomplishments. We should be encouraging their spirit of entrepreneurship. We absolutely should not be punishing them with the demands of this legislation under the guise of creating a “level playing field”, as the government says, “where web giants will pay their fair share”. What we would actually get is like the disappointment we get in a cereal box: We would get an Internet czar, which sounds alarming because it is alarming.

It is important to remind members of the House that the Broadcasting Act was not meant to regulate the Internet. Many will say that this modernization of an act that was put in place for radio and TV will somehow boost the Canadian arts and culture sector. To that, I say I have a bridge to sell them. It is not going to happen. That is not how it works. More regulation has never, and will never, incentivize more artistic creation, let alone more wealth and success for creators, because one thing is for certain. When the government-instructed bureaucrats pick winners and losers, there are no winners in this realm or in any other in the history of government. Having the government pick winners, based on how Canadian content is viewed or how it decides what we will watch, is an imposition on our freedom to choose what we actually want to watch. It also does not lead to more Canadian content.

Bill C-11 is a solution looking for a problem that does not exist. I hope members of the House will carefully review every aspect of this bill because, as a member before me said, it is going to have grave consequences for generations to come. There is a lack of clarity in this bill on what it is going to do. Instead of promoting our Canadian creators, it actually punishes them.

I hope that members of the House will think of their rights and freedoms on the Internet before they agree with the current government's illogical pursuit to control what we see online.

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, I am pleased to rise in the House to speak on Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

I have received many concerns about this bill from many of my constituents. They are worried this bill is against the freedoms their ancestors fought and died for. In their view, Bill C-11, which is also known as the online streaming act, is an overreach that would slowly erode their freedoms and eliminate their free speech.

This bill would give the CRTC enormous powers by putting the commission in charge of regulating streaming services and video sharing sites as well as traditional broadcasters. Will the regulator be prepared to handle sweeping jurisdiction over audiovisual services around the world? Where is the evidence the CRTC has the expertise to address these issues?

Matt Hatfield, campaign director of Open Media, stated, “The online streaming act continues to give the CRTC the power to use sorely outdated 1980s ideas about what 'Canadian' content is, to control what shows up on our online feeds and what doesn't.” By making the CRTC the de facto regulator of the Internet, the Liberal government's strategy poses a serious threat to innovation, competition and freedom of expression.

There are still concerns the law could apply to people using and posting content on social media. It is simply a “just trust us” approach. It is all there in the text of the new legislation, which looks remarkably like the old legislation known as Bill C-10.

While the bill numbers have changed, the purpose of Bill C-11 has not. The bill states its purpose is to add online undertakings for the transmission or retransmission of programs over the Internet as a distinct class of broadcasting undertakings. The reason for that is so the CRTC can determine the proportion of programs to be broadcast that shall be Canadian programs.

Canada is home to many world-class writers, actors, composers, musicians, artists and creators who need rules that do not hold back their ability to be a Canadian and a global success. The Liberals claim there is now an exemption for user-generated content, but this legislation would allow the CRTC to regulate any content that generates revenue directly or indirectly. That means virtually all content would still be regulated, including independent content creators earning a living on social media platforms like YouTube or Spotify.

The term “web giants” is frequently used by the Liberal government when talking about Bill C-11 and broadcast reform. According to Facebook's Ad Library, at the time Bill C-11 was tabled, the Liberal Party of Canada's Facebook page spent $4,233,000 on paid ads since June 25, 2019, and the Prime Minister's Facebook page spent $2.8 million on paid ads. How does the Liberal government justify its attack on so-called web giants in speeches while it keeps putting money into Facebook to promote itself?

If this bill passes, Netflix, Prime, Apple Music or Stitcher accounts would be required to ensure the discoverability of Canadian content. What exactly are the details? Public Works and Government Services Canada's own annual report on Government of Canada advertising activities from 2020 to 2021 shows that the Liberal government spent $11.6 million on advertising on Facebook and Instagram, $3.2 million on Twitter, $2.8 million on Snapchat, $1.5 million on Linkedln, $377,000 on TikTok and $265,000 on Pinterest. Why does the Liberal government say one thing and spend taxpayers' money in another way?

Dr. Michael Geist, Canada research chair in Internet and e-commerce law at the University of Ottawa said, “for all the talk that user generated content is out, the truth is that everything from podcasts to TikTok videos fit neatly into the new exception that gives the CRTC the power to regulate such content as a 'program'.”

There are many issues with Bill C-11 for digital-first creators that are said to be given to the CRTC. It is too broad and could include every piece of content online. Most alarming is that there is still room in the bill for the government to force platforms to put approved Canadian content ahead of independent Canadian content and artificially manipulate the algorithms. This bill only has downsides for digital-first creators. While the traditional media industry gets their funding doubled, the requirement for streamers to pay into the creation of Canadian content could see some services leave Canada.

Digital content creators in Canada have been successful in building platforms such as YouTube, TikTok and others that export Canadian content to the rest of the world, not only bringing revenue from other countries back home to Canada but also hiring local taxpaying Canadian workers. These achievements should be supported, celebrated and encouraged.

Bill C-11 is presented to support the future of the broadcast industry but ignores all the global reach of Canadian digital success stories in favour of an outdated delegated broadcast model. The only thing that Bill C-11 will succeed at is falsely swaying the procedures of social platforms. This could eventually have a negative effect on Canadian content. What it will do is marginalize the people who, through their hard work and dedication, are making an impact by sharing Canadian content worldwide. YouTube's algorithm, which applies across borders, detects whether a video has been watched, ignored or turned off partway through, as well as whether it gets a thumbs-up or it is disliked. This influences how the content is promoted, not just in Canada but beyond its borders.

Bill C-11 subjects streaming companies, such as Netflix, to the same rules as traditional Canadian broadcasters. It would force web firms to offer a set amount of Canadian content and invest heavily in Canada's cultural industries, including film, television and music. Because of our relatively small population, will they make these financial investments to create Canadian content?

The bill will also update the 1991 Broadcasting Act, which predates the Internet revolution that changed the way people watch film and video content and listen to music. The government says the bill would not regulate user-generated material and would give platforms room to decide how they promote Canadian content, yet critics warn this could lead to the regulation of people posting videos on YouTube. In 2020, Oxford Economics calculated that YouTube contributed $923 million to Canada's gross domestic product, including payments from ads alongside YouTube videos and royalty payments to music labels.

I question whether the government should even get involved in determining what constitutes Canadian content. With Bill C-11, it would seem the Liberals don't want to hear from digital-first creators and their thoughts on the destructive impact Bill C-11 will have on them if passed. If passed, Canadians could see fewer services offered, more government regulation of what we can watch or listen to online and a loss of jobs.

Bill C-10 was problematic. Its replacement, Bill C-11, is no better and should be scrapped. We Conservatives support creating a level playing field between large foreign streaming services and Canadian broadcasters, while protecting the individual rights and freedoms of Canadians.

In closing, we Conservatives will continue to bring forward amendments to protect Canadians' free speech and the livelihoods of independent content creators by carefully reviewing every aspect of Bill C-11, and we expect the Liberal government to allow the full study and review it requires.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, what I am supporting is the right of Canadians to decide what they want to do on the Internet with their own free time. Frankly, when a Liberal member tells me that the Liberal Minister of Canadian Heritage has given us a guarantee, all we have to point to is Bill C-10. The former minister of the environment frankly lied to Canadians over and over again about the impact the bill would have on Canadians and social media. I find it disingenuous that the minister would even quote—