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

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

Sponsor

Status

In committee (Senate), as of June 29, 2021
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-11 (44th Parliament, 1st session) Law Online Streaming Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-10s:

C-10 (2022) Law An Act respecting certain measures related to COVID-19
C-10 (2020) Law Appropriation Act No. 4, 2019-20
C-10 (2016) Law An Act to amend the Air Canada Public Participation Act and to provide for certain other measures
C-10 (2013) Law Tackling Contraband Tobacco Act

Votes

June 22, 2021 Passed 3rd reading and adoption of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Concurrence at report stage of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.22; Group 1; Clause 46.1)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.18; Group 1; Clause 23)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.13; Group 1; Clause 10)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.8; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.5; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.4; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.10; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.2; Group 1; Clause 7)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.1; Group 1; Clause 3)
June 7, 2021 Passed Time allocation for Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Online Streaming ActGovernment Orders

May 11th, 2022 / 9 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I rise today to speak to Bill C-11, the Liberals' Internet regulation bill. This is an important bill, because it could have everlasting impacts on how every Canadian experiences the Internet.

Before we fully examine the details, it is critical to state why we are debating this legislation today. The reality is that I would not be standing here today to debate Bill C-11 if it were not for Bill C-10 in the 43rd Parliament. Canadians may recall that it was just last year when Parliament witnessed one of the most alarming pieces of legislation the Liberals had ever introduced since their election in 2015. Many Canadians viewed Bill C-10 as an attack on our freedom of speech, a measure of government overreach and a new means of censorship. I shared these valid concerns and strongly opposed Bill C-10 until the final hour on the final day.

Michael Geist, a University of Ottawa professor and expert in Internet policy, was one of the most outspoken opponents of Bill C-10. Parliament needs to remember his criticism of the previous legislation. He stated, in referring to Bill C-10, “No one – literally no other country – uses broadcast regulation to regulate user generated content in this way.”

Many members of this House voted against Bill C-10 at one o'clock in the morning, as the Liberals tried to ram it through Parliament with as little debate as possible. This is déjà vu. I was one of them. Thankfully, because of the hard work of Conservatives and Canadians, we defeated Bill C-10, so that it never had a chance to become law.

Bill C-10 died, but it has re-emerged as Bill C-11. When the Liberals introduced Bill C-11, the minister responsible for the legislation stated, “This is about making the Internet a better place for all Canadians.” It sounds grand. That statement should have been a red flag for every Canadian. We have heard this kind of language from the Liberal government before. The Liberals say, “Trust us. Everything will be okay.”

It was former president Ronald Reagan who famously said, “The nine most terrifying words in the English language are 'I'm from the government, and I'm here to help.'” It would be unwise for any member of this House to trust that the government has the best interests of Canadians top of mind, particularly on the issue of Internet regulation.

Bill C-11 is legislation that proposes to regulate the Internet. The government wants to influence what you see while browsing the web. It wants to push specific content to the top of our screens so we see it first. Consequently, this would move content down our screens, so we would see less of it. This is what the government really means when it says it wants to make content more discoverable.

The details of what content and how much the government will promote are unknown. This is because Bill C-11 would hand over this decision-making power to the government-appointed body called the Canadian Radio-television and Telecommunications Commission, or as most Canadians know it, the CRTC. The government claims that this is a way of promoting Canadian content, but I believe that if Canadians want to watch Canadian content, nothing is stopping them from doing so.

Why does the government need to reach into the Internet to pick and choose what Canadians discover? Canadians do not need assistance from the government in discovering what they see on the Internet. They are totally capable and free to discover the content they want to see.

The Internet is exceptionally vast in content. An immense amount of content is uploaded on the Internet daily. YouTubers alone upload over 700,000 hours of content every single day. I cannot stress how much content and how many content providers exist in Canada. How can a government body like the CRTC monitor all this content to determine if it meets the Liberal government's standards? It is impossible.

I want to discuss some of the technicalities of the legislation. Although clause 2 of the bill mentions who is not subject to the regulation, it does not address what content is subject to the regulation.

The government claims that user-generated content is exempted from this bill through proposed subsection 4.1(1). However, proposed subsection 4.1(2) creates an exemption for the previous exemption in proposed subsection 4.1(1) and allows the CRTC to determine who is subject to these exemptions. The bill is confusing, to say the least, and I sincerely question whether it was intentionally done this way.

OpenMedia, an organization that works to keep the Internet open and free, and an organization that I had the pleasure to work with on my private member's bill in the previous Parliament, has also raised many valid concerns. The bottom line is, as Michael Geist said, “The CRTC is empowered to create regulations applicable to user content uploaded to social media services as programs.”

Canadians will not fully know who or what is exempted from this bill because the Liberals have yet to announce their policy directive for the CRTC. The Liberals have told Canadians that this policy directive will be given to the CRTC after the bill becomes law, not before, which is suspicious. I think that parliamentarians and all Canadians deserve to know what the government is planning to direct the CRTC to regulate before Bill C-11 can become law.

I want to quote Dr. Irene Berkowitz, a senior policy fellow from Ryerson University. She stated:

The idea that the CRTC can – or should – regulate the global internet, in an age when market intervention should be sharply decreasing, is unworkable and counterproductive, falsely pitting the industry against itself.

I agree with her. Canadians do not want their government regulating the Internet. The government regulates and restricts enough as it is, especially the Liberal government.

Bill C-11 is a very concerning piece of legislation that opens the doors to government overreach. It will impact every Canadian who uses the Internet. Canadians expect their elected officials to study it carefully and debate it thoroughly. However, the Liberals are playing the same political games that they did with Bill C-10. They are limiting the time we can spend debating this important bill. Instead of debating this legislation through the standard parliamentary procedure, the Liberals are supporting a procedure called time allocation to stop debate. The fact that the Liberals would move time allocation while dozens of members of Parliament wish to speak on behalf of their constituents is simply unacceptable. How ironic: government overreach on a government overreach bill. It is sad.

Canadians are concerned any time the government wants to create more regulation. Any time the government wants to regulate what Canadians see or hear is even more concerning. The idea that the Liberals want to promote certain content to Canadians who use the Internet is disturbing. My constituents believe in less government, not more.

As I said earlier, Canadians do not need assistance from the government in discovering what they see on the Internet. They are capable and free to do so themselves. I will be opposing Bill C-11, just as I opposed Bill C-10.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:45 p.m.


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Conservative

Richard Bragdon Conservative Tobique—Mactaquac, NB

Mr. Speaker, the incredible blooming and blossoming relationship between the coalition partners is quite a thing to witness. I am glad to see members complement one another in the House so incredibly well.

I can assure members that the role of Her Majesty's loyal opposition is to make sure the legitimate concerns that millions of Canadians have are brought to the floor of the House and discussed thoroughly. Many millions of Canadians have expressed their concerns about this bill's predecessor, Bill C-10, and the current bill, Bill C-11. We will continue to stand up for those Canadians.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is an honour to stand virtually to join members this evening to contribute to this debate. I am currently in my home riding and am honoured to recognize and acknowledge the territory of the WSANEC nation. I raise my hands to all of them and say hych'ka siem, which is in the language of the traditional people of this land. I hope that Bill C-11 will actually deliver on some of the ideas to increase the indigenous content in what we see from our broadcast media in this country. We have a lot of work to do.

I want to address the bill. I have thought a lot about it, and in some of the debate, the notion that we need to do more for Canadian content has been somewhat ridiculed because there is Canadian content in things like The Handmaid's Tale. Why would we think that needed more Canadian content?

Just for fun, I looked up some of the things that one could think of as Canadian content that never was, like Dudley Do-Right. I grew up with Dudley Do-Right, the accident-prone Canadian Mountie who of course had nothing to do with Canada. It was produced by the people who did Rocky and Bullwinkle. It was in the 1960s that I used to watch that. In 1999, there was a Hollywood film based on the cartoon, and of course none of the people involved were Canadian, and the indigenous characters, who were played in ways that were racially and culturally inappropriate and offensive, were played by actors who were not themselves indigenous. We can go way back, if we want to look for Mounties, to find Nelson Eddy and Jeanette MacDonald from the 1930s, with a score from Oscar Hammerstein, singing Indian Love Call.

It is absurd to think for one minute that a Canadian Mountie makes a show Canadian or that the inclusion of an indigenous character makes it appropriate. It is laughable. We really do have to pay attention to raising up Canadian content.

I can share with colleagues that countries with much smaller populations than Canada has, like Norway or Denmark, have really extraordinary hit programs that people watch even if they have to put up with subtitles. They watch Borgen or watch the Occupied series. Canada has amazing talent, and it is time to make sure that we are not undermined by online streaming.

I am therefore very sympathetic to many of the goals of this bill. It has amendments to the Broadcasting Act, and because the Broadcasting Act protects freedom of expression, we are not going to lose freedom of expression. However, that does not mean I do not have some concerns that I share with other members here.

I want to thank Paul Manly, by the way, the former member of Parliament for Nanaimo—Ladysmith, because he took on all the workload of Bill C-10, which involved a lot of time developing amendments and being stuck in committee, where nothing was moving, and then we had an election. I did want to get out a public thanks to Paul.

I will turn to the things that really need work. The whole piece around the community element needs work. The broadcasters within community radio and community television that take on the role of community really want the community element definition fixed. One of the key concepts that I hope the committee will take on, in listening to community broadcasting, is to make sure that community broadcasting, by its definition in Bill C-11, is understood as fully community run. It is a really important point and we want to take that forward. I will be working in committee as a non-member of committee to get some amendments made so that the act really protects community-run content.

I am also concerned, frankly, about criticisms of the overreach of the CRTC's authority. We should really look at them. I am not sure where I come down on this yet, but Michael Geist, who is a really knowledgeable expert on media, is concerned that there would be an increased and expanded CRTC authority. I did used to practise in public interest law, and I went through some really long, mind-numbing hearings on, for instance, the review of revenue requirements for Bell and the breaking up of Bell, and all the things the CRTC did. It is a very powerful administrative body, and I wanted to mention that to colleagues.

A lot of the councils and advisory bodies to government, like regulatory agencies, generally provide advice to the government. In the case of the CRTC, it has decision-making authority and can only be overturned by a cabinet-level decision, so it is really important that we are careful. This is our one opportunity to really say what the CRTC is supposed to do and what it is not supposed to do. It is what we do when we are legislating, so let us make sure we get that right.

I have to say my confidence in the CRTC was shaken when I realized that it had put Russia Today, RT, on cable networks across Canada. It is a disinformation source that has undermined this country's democracy. I do not know how anyone ever concluded that this was a good idea, but I would like to make sure that we know we have given the CRTC the right instructions by legislation to make sure it is regulating and protecting Canadian content, and ensuring the survival and flourishing of our artistic community, our indigenous community and the French language.

We need to have French broadcasting. That is essential to our multicultural country. I am not convinced that Bill C‑11 has this quite right. It is not perfect, at least not yet.

The other piece I really want to mention is what we do about online content and social media. I know that the hon. member for Fleetwood—Port Kells made reference to this, but I really want to commend the recent work of former chief justice Beverley McLachlin and the quite brilliant academic director of the Centre for Media, Technology and Democracy at McGill, Taylor Owen. They make a very important point: Regulate the system, not the speech.

I really think that our social media approach should not be to look for when there has been a transgression and then go out and punish. I do not think the government or the CRTC should be trying to figure out when speech is hate speech or when it is libellous. We need to create a system where social media enterprises have to themselves take on the responsibility to be fully transparent and accountable.

I am going to read this into the record, before I run out of time. It is from an article by former Supreme Court chief justice Beverley McLachlin and Taylor Owen:

For too long the issue of online harms has been erroneously framed as one of individual bad actors and the regulation of speech, but the problem is one of systemic risk and it must be addressed as such. Canada now has the chance to learn from and build on the policies attempted in other countries and get it right.

That is from the recent May 9 article “Regulate the System, Not the Speech”.

We can do this. Whether it is through this bill or the many others that are looking at social media, we have to fix this. I will close here and just say this. Let us get Bill C-11 to committee. Let us get it right.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.


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Bloc

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

Madam Speaker, I would like to thank my colleague for his comment. That is exactly what matters most to me, francophone content.

Had it not been for the Bloc Québécois taking part in the Standing Committee on Canadian Heritage when Bill C-10 and Bill C-11 were being studied, the discoverability of francophone content—its presence, and the obligation to promote it, to recognize it, and to showcase it—would not have been nearly as significant as it is now.

We are satisfied with discoverability now. That was a demand from the sector that we responded to and discussed. My colleague from Drummond did the same for Bill C-11. We are satisfied, and we hope that the sector is as well. I think it is, because we are making sure its voice is heard.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:20 p.m.


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Bloc

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

Madam Speaker, I want to begin by sending my regards to all of my friends and associates from the life I led before and sometimes still go back to: the artists, authors, creators and composers. It is a team and a big family that I still belong to, although to a small extent. I send them my sincere regards.

I will begin my speech with a thought, a quote from one of Quebec's great poets, Raymond Lévesque, a friend of mine whom I adored.

Keep running, good people. Don't get involved. At the end of the race, you will find a trash can and death. Tomorrow you will curse those who got you into trouble, and yet you will have let them get away with it.

Let them get away with it. That is what the two main parties that have been taking turns being in government have done over the past 15 years, when broadcasting was revolutionized and digital broadcasters invaded the broadcasting market.

The cultural sector has therefore seen its main sources of revenue swallowed by the digital world. Although it had anticipated this and looked for possible solutions, it came up against outdated federal legislation. Accordingly, as it is capable of doing, it questioned itself, it adapted and tried as best it could to make a place for itself in this miserly and opportunistic monster of a world that values nothing but its own financial interests, without caring too much about what constitutes it, which is content and artistic, cultural, media, literary and visual creation. In short, the gargantuan digital monster is happily helping itself to the buffet, and it has been doing so for a very long time.

The cultural community is losing not only the income from its content, but also the revenue from the sale of traditional media for that content—cassettes, CDs and videocassettes, which we had in my day. In another life, I wrote songs. My songs went from room to room in people's homes on cassettes and CDs. I sold some CDs.

Everyone found their share of income in these media. To keep it simple, let us think of it as a pie, cut into parts proportional to the investment in the production of the work. Copyright revenues and royalties were distributed, as well. There was also an anticipated income from subsequent distribution of the work on radio and television networks for creators, writers and composers.

French-language content quotas on the traditional platforms were not perfect, but we managed to hang on by the skin of our teeth. Any success we had on the radio or on television simply gave us a bit of money to invest in the next project. Unfortunately, since the transition to digital, the whole profitability aspect of the exercise has disappeared. People can no longer afford productions, especially independent productions.

Nothing has been done so far to adapt the legislation to this new digital world. Election promises were made in 2015 and again in 2019. A year later, the Yale report backed the government into a corner by making it clear that delaying the exercise any further would be politically disastrous for the government and noting the frustration and desperation of the creative industry. As a result, the Liberals finally introduced their bill to amend the Broadcasting Act in November 2020.

Better late than never, I guess. We sat down in parliamentary committee, we consulted Quebec's cultural community, and we found several major shortcomings in this bill, including the lack of protections for francophone content; the lack of discoverability, predictability and enhancement of content; and the absence of any obligation for foreign producers to prioritize Canada's cultural potential or to offer compensation if that proved impossible.

The Bloc Québécois has made the priorities of Quebec's cultural community central to its work here. The creators and broadcasters of all manner of cultural expression were pleased to see their needs reflected, first in the original Bill C‑10 and then in the current Bill C‑11. The community is satisfied and, above all, reassured by our work and our signature collaborative spirit, as we seek to come to find the balance that will make a bill the best it can be.

As Bloc members, that is our job. We did it. Eighteen months and a second attempt at the bill later, we ask only one thing, that the House pass that blessed bill.

Right now, the gigantic digital world is still stuffing itself at the all-you-can-eat content buffet. As the former heritage minister from the previous Parliament said during one of his many appearances on a very popular Sunday TV show, the cultural sector has been losing more than $70 million a month since the legislation failed to pass. It has been 18 months since the bill was introduced in November 2020, so that represents $1.26 billion in losses for the creative industry, which equates to $2.33 million a day or $97,222 an hour.

I am part of this cultural sector. I know this community: It is generous, resilient and passionate. It has an ability to bounce back that is absolutely incredible. It possesses the magic of universality and perseverance, and it is used to working hard. We cannot deprive it of the income it is owed. It is unacceptable to keep drawing things out like this.

If I were to walk among my colleagues in the House and take from each of their pockets the amount of money that the cultural community has lost since November 2020, I swear that no one here would like that. That is what we do every day when we postpone passing this bill. We have been dragging our feet since 2020.

My 10‑minute speech will have cost artists and creators $16,203. What are we doing, then? Should I pass the hat?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:05 p.m.


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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, it is a pleasure to join in this debate tonight. I would like to thank the hon. member for Kingston and the Islands for allowing me to change the speaking order today as I have an appointment later this evening. I appreciate that very much, so my thanks to my colleague across the way.

When it comes to the CRTC and Bill C-11, I am not an expert on information, and they are experts on misinformation, or on the Internet and what the CRTC should or should not be doing, so I am going to read a couple of comments from Michael Geist, who is an expert when it comes to information, the Internet, what should be happening with it and how it should be regulated.

One of the problems that Professor Geist has with Bill C-11, which is very, very similar to Bill C-10, is this:

But dig a little deeper and it turns out that the bill is not quite as advertised. While Section 4.1 was restored, the government has added 4.1(2), which creates an exception to the exception. That exception to the exception—in effect a rule that does allow for regulation of content uploaded to a social media service—says that the Act applies to programs as prescribed by regulations that may be created by the CRTC.

It lays out three criteria that this “exception to the exception” may fall under:

The bill continues with a new Section 4.2, which gives the CRTC the instructions for creating those regulations. The result is a legislative pretzel, where the government twists itself around trying to regulate certain content. In particular, it says the CRTC can create regulations that treat content uploaded to social media services as programs by considering three factors: whether the program that is uploaded to a social media service directly or indirectly generates revenue; if the program has been broadcast by a broadcast undertaking that is either licensed or registered with the CRTC; if the program has been assigned a unique identifier under an international standards system. The law does not tell the CRTC how to weigh these factors. Moreover, there is a further exclusion for content in which neither the user nor the copyright owner receives revenue as well as for visual images only.

I think these are some of the biggest issues that we on this side have with Bill C-11. There are some hidden questions within this legislation. The exception to the exception is a big concern, and also that the CRTC has not received all of its marching orders from the Liberal government as yet. We are not quite sure what the mandate for the CRTC is when it comes to online content.

I have received some comments from constituents. Actually, one of them is from country music singer JJ Voss, who just won an award. He is concerned that we would hold this bill up because there are some things in here about Canadian content and supporting Canadian musicians, Canadian culture and Canadians who are really doing great work. That is not our practice at all. What we want to do is make sure that people are protected. Our job as the loyal opposition is to review legislation cautiously to see where there may be some traps, because there are some things in these pieces of legislation that Canadians might not think are good ideas. This, in particular, is one of those situations for sure.

I believe that a lot of people in Regina—Lewvan, the area that I represent in Saskatchewan, are a little unsure of my voting in favour of a piece of legislation if they are not even sure what the mandate to the CRTC is yet or what exactly “an exception to an exception” means. They are really not comfortable with the “just trust us” approach that the Liberal government sometimes takes to legislation. I can understand why. We have gone through a lot of situations over the past two years where “just trust me” has ended up in people not being able to go to weddings or funerals. “Just trust us. We want to have the ability to tax and spend for 18 to 22 months without having any oversight whatsoever”; that is another situation where people do not feel comfortable with the decisions the Liberal government has made.

When it comes to us deciding if this bill is something we can really support, do we not think Canadians have the ability to actually use their own discretion when they are posting online? Why can Canadians not have that freedom of expression or freedom of speech?

When it comes to Bill C-11, those are some of the questions we have had. There is also the fact that, over the last two hours in this building, when we have been talking about Bill C-11, which some people would see as censorship by the government, the Liberals brought in closure on a bill about censorship. One cannot make this up. We had had 30 minutes of questions and answers, when at one point the NDP member for Courtenay—Alberni had the audacity to say that we were holding up legislation just because we asked for a standing vote and did not pass the piece of legislation on division. That is our job. That is why people sent us to this building, to stand up and be counted.

I will not be talked down to by someone from Courtenay—Alberni when the Liberals do not want me to be doing my job. That was an actual conversation during the 30 minutes of questions and answers, when the Liberals once again used closure to try to pass this legislation faster because, quite frankly, I do not think they believe it stands up to the scrutiny that the loyal opposition has been putting it to. It does not pass the smell test. For the constituents who have sent us here, that is really our job.

I think I understand why some of the members across the way say that everyone should pay their fair share, and we agree with them, but why do they really want to get some money back from Facebook and Netflix? I have a list of how much money a few of the Liberal members have spent on advertising on Facebook. The member for Fleetwood—Port Kells, who just spoke about vinyl records, spent almost $5,000 on advertising from June 25, 2019 to May 9, 2022, and that is just coming from his member's office budget. That is $5,000 in taxpayer dollars he spent on advertising on Facebook—

Online Streaming ActGovernment Orders

May 11th, 2022 / 6:50 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, the Internet is an incredible invention. We have all the information in the world in the palm of our hands. Just as the creation of the printing press in the 1400s changed the course of history forever by allowing information to be disseminated to the masses, rather than just to the elites of society, bringing literacy to millions of people, so too has the Internet revolutionized how we exchange ideas and amplify our voices. It has brought freedom of knowledge and expression to billions of people.

Before the printing press, censorship of dangerous ideas by the elites was easy. All one had to do was round up the heretics who held fringe or unacceptable views, hang them high in town square and burn their handwritten notebooks. With the use of the printing press, dangerous ideas could be shared far and wide, leading to the Protestant Reformation, the scientific revolution, the French Revolution and the age of enlightenment, just to name a few.

Likewise, the Internet and social media have helped spark political revolutions and political movements. They have empowered brave resistance to foreign dictators, like our Ukrainian friends against Vladimir Putin and their courageous fight. Social media has helped empower that and allows for the exchange information at a rapid pace.

We really do live in extraordinary times. This is especially true for our online Canadian content creators. “Influencer” is now a career choice, and Canadian musicians, painters, bakers, commentators and do-it-yourselfers can access billions of people to share their ideas and creations with the click of a button. All one needs is an Internet connection and a smart phone.

Actually, one needs one more thing. They need a government that believes in their freedom to do so. Unfortunately, Canadians are experiencing a government that is trying desperately to control the Internet.

From the very wild and extreme online harms bill, to Bill C-18, the online news act, and now Bill C-11, the online streaming act, which we are debating today, Canada's Liberal government is really butting into every aspect of our online world. It is proclaiming it is here to help and that it will show those big, scary boss streaming services, such as Netflix and Spotify, who the boss is and save us all from the scary, dangerous ideas on the Internet.

In reality, these three Internet bills all have the same aim, which is to regulate what we see when we open our cell phone apps. Canadians may remember how Bill C-10 exploded in controversy last year, but it died on the Order Paper. It is back now in Bill C-11, and while the Liberals claim they have fixed the concerns we had with Bill C-10, Bill C-11 is really just a wolf in sheep's clothing.

The issue with Bill C-10 was its control of user-generated content, the posts and videos that we share and upload on social media. The Liberals say that issue was removed in Bill C-11, but experts do not agree. Notable communications law professor Michael Geist has pointed out that the CRTC has the power, with Bill C-11, to subject user-generated content to regulation, should it so choose.

If folks at home are asking what the CRTC is, it is the Canadian Radio-television and Telecommunications Commission, which has heavily controlled what we have seen on TV and heard on the radio over the past 50 years. Bill C-11 essentially expands the CRTC's powers not only to streaming giants such as Netflix and Spotify, but also to the podcasts, audiobooks and news channels we consume online. It will not just control Canadian-produced versions of those things, but anything coming from anywhere in the world that Canadians want to consume online in Canada.

More than that, Bill C-11, in fact, provides the Liberal cabinet the power to tell the CRTC how to regulate streaming platforms, how to define what Canadian content is and the general policy direction of these Internet controls. It is important to note that cabinet does not have this power currently over TV and radio. This will be a new power. Under the existing law, the CRTC is not directed by cabinet. It is independent, so it can be free from political interference, which is very important. However, this will no longer be the case under Bill C-11. Cabinet will have power over what we see on Internet, which represents an unprecedented expansion of government power.

The bottom line is that Canadian creators have more freedom now, before this bill comes in, than they ever did before with TV and radio. One can become a YouTube star. It is far more accessible than trying to break into network television. Why would the Liberals want to impose the same CRTC regulations they have on TV and radio onto our online platforms? It really does not make sense if we are talking about boosting our Canadian content creators. We know that over 90% of those who are watching our Canadian content are from outside of Canada.

The number of influencers online in Canada earning $100,000 a year or more is rapidly increasing every single year. I really do believe the last thing our online content creators need is the Liberal government sticking its fingers into the regulation controls and messing around with the algorithms that have facilitated the ability of our homegrown creators to share their content with the world.

YouTube, in fact, has alerted the online community and has issued strong warnings to the Liberal government about the negative impacts of Bill C-11, warning that it risks downgrading Canadian content in other countries. If we artificially bump up Canadian content here, and if for whatever reason that Canadian content is not catching the interest of Canadians, the algorithm will actually downgrade that content abroad in competing markets, such as the United States, for example, which a lot of influencers in Canada depend upon.

I do feel that Bill C-11 is not the only thing we need to be worried about. It is worrisome, but there are two other bills as well. There is Bill C-18, which is the online news act, and it has some issues. It has been criticized as interfering in the independence of our news media because it controls how we share news articles on platforms such as Facebook by forcing these platforms to pay news agencies every time we share a news article. Lots of people share news on their Facebook platforms. It is odd this bill would be needed, because this practice is great for news agencies. When one shares their content, it takes us right to their website. It is free advertising.

Australia tried to do the same thing as what is proposed in Bill C-18. Facebook played hardball and banned all sharing of news articles on Facebook until it was able to negotiate something with the Australian government. There are serious issues here. Facebook raised in committee that it is not opposed to doing the same thing in Canada.

Bill C-18 is really just more control from government, but it is not even half as bad as the online harms bill. This is a very scary Internet control bill. In the last Parliament it was known as Bill C-36, and it died on the Order Paper when that unnecessary $600-million election was called, but the Liberals are trying to bring it back again.

It is important to say I welcome a conversation on how we can better fight terrorism organizing online and better enforce existing laws concerning things that are considered fraud, libel, inciting violence, and in particular, child pornography or the sharing of intimate images online without consent. Those are all very important conversations and legitimate issues that need to be addressed.

However, the online harms bill would create a government regulator of speech on the Internet that would decide what is harmful and must be removed. It would be very subjective, depending really on who is behind the curtain dictating what is harmful. Andrew Coyne, in the Globe and Mail, said the bill is “direct state regulation of [online] content”. This is pretty significant.

Twitter said this, which is really concerning:

People around the world have been blocked from accessing Twitter and other services in a similar manner as the one proposed by Canada by multiple authoritarian governments (China, North Korea, and Iran for example) under the false guise of ‘online safety,’ impeding peoples’ rights to access information online.

Twitter is literally comparing this online harms bill to China, North Korea and Iran. It is pretty shocking.

The Liberals are throwing around terms like “misinformation” and “disinformation” whenever they do not like something we say, and we know free speech is constantly under attack. Anything one says these days can offend someone. I am concerned about what bills like Bill C-11 and the online harms bill would do to our freedom of expression online.

Although society has evolved, before the creation of the printing press, the establishment would essentially murder heretics with unacceptable views and burn the books later on. We are not immune to authoritarian control of our freedom of expression.

We would also do well to remember rights and freedoms are not always eliminated in one fell swoop. Often governing authorities will just pick at them bit by bit under the guise of it being for our own good, telling us that they know better than us and they will keep us safe. We have seen this happen in China and it is happening in Hong Kong.

Considering that when he was asked which country in the entire world he most admires, our Liberal Prime Minister said China's basic dictatorship because of its ability to get things done, we should listen when the Prime Minister tells us who he really is. With these three Internet control and censorship bills, I do believe he has made his intentions quite clear. We should all be very, very concerned.

Online Streaming ActGovernment Orders

May 11th, 2022 / 6:25 p.m.


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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, I remember the discussions we had about Bill C‑10 during the previous Parliament, especially with respect to potential breaches of freedom of expression and concerns about social media users being taxed. These same concerns are being raised again, even though the summary, clause 2 and clause 4.1 clearly state that users will not be taxed and even though there are no clauses that restrict freedom of expression.

I now want to talk about access to culture.

It is not right that it is easier for francophones to access Korean content than it is to access media in their first language on some sites. Out of curiosity, I watched a few of the Korean offerings suggested to me and I enjoyed the production, set design and costume quality.

Bill C‑11 will ensure that francophones have access to content that is just as good a quality in their language and will ensure that non-francophones can do what I did and watch content that is made in Quebec and in Canada. Curiosity is something to be developed.

If we want to encourage curiosity and interest, we need to make it easier to access good-quality content, and that is what Bill C‑11 will do. Some members will tell me that people who want access to francophone culture just need to seek it out like I did, but that is a troubling thought.

Why should I have to go looking for expressions of my culture when others never have to look at all to have access to expressions of their own culture?

Are those who might say such a thing really telling me that the only good culture is culture that is readily accessible, or in other words, American culture?

Could it be that they have no problem with the fact that they have no access to content about their own culture, Canadian content? Could it be that they think Canadian culture and American culture are similar?

I can almost hear those same individuals telling me that those two cultures are not one and the same. In that case, why would they not want more people to have easier access to Canadian culture? Why would they not want francophones and francophiles from Quebec, Canada and elsewhere in the world to have access to Quebec and francophone content just as easily as they do to American or anglophone cultural content?

Bill C‑11 will allow online streamers to broadcast culture and improve access to the cultures present in Canada.

To sum up, for anyone who cares about their own culture, Bill C‑11 is a good bill that deserves to move through the legislative process in good faith on all sides. It deserves it because we should never have to let our culture be managed by a foreign culture.

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:50 p.m.


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Bloc

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

Madam Speaker, here is one last little plea on my part. I am always appalled to see how the government ignores the reality of our artists, artisans, content creators and those who revitalize culture in our world, our beautiful world.

Today, we are spending more time debating whether we should take even more time to debate something that already existed and is now back on the table.

In the previous Parliament, we had Bill C-10. Now it is back on the table as Bill C-11. It has been reworked and improved. The Bloc Québécois put a lot of effort into that, and the sector is happy, but here we still are, talking about the time allocated for debate.

I am rather appalled. I would like the House leader to comment on the urgent need to take action on behalf of these people who are losing money—

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:40 p.m.


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Bloc

Monique Pauzé Bloc Repentigny, QC

Madam Speaker, the Bloc Québécois does not support closure motions. We believe that democracy must take precedence over all else.

However, we must deplore the fact that the official opposition does not recognize that the current Bill C‑11 is much better crafted than the former Bill C‑10 and that it could continue to be improved in committee.

Quebec and Canadian artists have been waiting for decades for something to change. The Internet has changed everything. It seems to me that the time has come to pass this bill.

Does the hon. member not deplore the use of closure? It seems to us that the legislative agenda from now until the end of June is not that heavy and that we would have time to continue the debate.

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:40 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, first of all, I find it passing strange that the minister is citing as an excuse for time allocation that there was a lot of time for debating Bill C-10 in the previous Parliament, so I think Canadians would be interested to know that this is truly just a repeat of Bill C-10 from the previous Parliament.

I have a very specific question for the minister. The government is committed to providing a policy directive to the CRTC after Bill C-11 is passed. The government will decide, after this bill is passed, how it will impact things like discoverability, Canadian content and digital-first creators. That impact will happen after Bill C-11 is passed, so we are being told, “Just trust us.”

I have a very simple question to ease the minds of many opposition MPs: Would the government be willing to table the policy directive to the CRTC prior to the passage of Bill C-11?

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:30 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am very distressed that we are once again seeing time allocation. I understand the predicament of the House leaders not being able to properly schedule how long it takes to look at a bill.

However, it is not our fault, as opposition members of Parliament, that Bill C-10 was put back to the starting block because of the election, which we as opposition members clearly did not call.

With Bill C-11, we have had very little time in the House to debate it. We do need to have improvements made. That is clear. I do not want to appear to be in any way joining in any overheated rhetoric that the bill is about censorship, but the bill needs work. It does need to go to committee, but we need to discuss it and debate it first because that is what Parliament is for.

I would urge the hon. government House leader to consider that we enforce our own rules. We would have more well-organized debates if we had the discipline to say we would observe the rule that no member can stand up and read a pre-prepared speech. That would reduce the number of members who are truly engaged on a file and who are able to give a speech off the cuff. It should help organize our House time. I would urge the hon. member to think of that, instead of continuing to use the methods that were honed by the previous government of Stephen Harper.

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:30 p.m.


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Bloc

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

Madam Speaker, let us remember Bill C‑10 and the work my colleague from Drummond did. I helped him a few times because we were co-critics for arts and culture in the previous Parliament.

Now here we are with Bill C‑11, which covers essentially the same things. The Bloc Québécois has never stopped working with the arts community to make things better.

Here we have a bill that is basically the same and that the community is comfortable with. This is good work that has taken a lot of time and energy, and I think cultural stakeholders in Canada and Quebec are satisfied with it. The Bloc Québécois is very proud of this bill because we were very committed to it and put a lot of energy into it.

I would like to ask the government House leader why he is doing this to us today.

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:20 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, here we go again. The House just went through the process of debating one of the most egregious power grabs I have ever seen in my time here as a member of Parliament with government Motion No. 11, which basically seizes control of the House. We know that the government used the argument that we need more time for members of Parliament to debate legislation, yet here we find ourselves in an arrangement between the NDP and the Liberals to grab that power. They are still moving time allocation.

This House is going to sit until midnight tonight. That is fine. Conservatives are happy to show up to work. We have just received notice that the House is going to sit until midnight again tomorrow night. That is fine. Normally, this House reserves the last two weeks of the spring session to have extended hours, but we are willing to do the work. We are willing to allow Conservatives and all members of this House to speak on behalf of their constituents, the millions of constituents who have trouble with the legislation that is before the House.

Canadians have a lot of trouble with this piece of legislation. This was formerly Bill C-10. The government is now censoring the House with Motion No. 11 and censoring the House with time allocation on a bill that will censor Canadians online. Why?

Online Streaming ActStatements by Members

May 10th, 2022 / 2:10 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, Bill C-11 is the latest of the Liberal government's attempts to regulate the Internet and restrict what Canadians can post online.

Bill C-11, which is essentially a carbon copy of last Parliament's Bill C-10, would give sweeping powers to the CRTC to regulate the Internet and limit free expression. To make matters worse, the consequences of this poorly drafted legislation will likely be to weaken consumer choice and hurt the potential of Canadian creators.

There is no doubt that the Broadcasting Act needs to be modernized for the 21st century, but Bill C-11 is not the vehicle to do it. The heritage minister needs to scrap, today, Bill C-11 and go back to the drawing board once and for all.