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 (current 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 5th, 2022 / 5:05 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is an honour to rise in the House once again on behalf of the great people of Cypress Hills—Grasslands. I will begin my speech in this debate by considering the background of the bill. There is a disturbing trend happening under this NDP-Liberal coalition. They do not seem to respect the democratic process, and they do not seem to be interested in protecting it.

Among many other examples, the most recent is the passing of Motion No. 11 to give themselves the power to prematurely shut down Parliament. They do not even pretend to use COVID as an excuse anymore, but they also do not like it when the Conservatives mention that it is long overdue for them to remove restrictions on members, their staff and regular citizens from entering this place or from travelling within our own country, insinuating that they are supposedly undesirable Canadians.

Leaving those things aside though, we are here to debate yet another attempt by the government to extend its overly controlling approach to online content that people can access or publish. That is the problem with Bill C-11. The vast majority of it is a near carbon copy of its predecessor, Bill C-10, with the exception of some minor changes surrounding user generated content. To debate this legislation properly, we need to fully understand how we got from Bill C-10 to Bill C-11.

Let us refresh a few memories here. Originally, Bill C-10 had a section which excluded user-generated content from its scope. At heritage committee, that was suddenly removed. This threw the door open for the CRTC to regulate nearly anything on the Internet. The government faced severe opposition to this and rightly so. At first, it might appear that the Liberals learned something from all the embarrassment, but sadly, if we dig a little deeper, it is clear that they have not.

What is even more sad is that the NDP has sold out and is going along with it. Section 4.1 is back in Bill C-11, but it is now accompanied by section 4.1(2), which allows for an exemption on the previous exception. This creates a loophole for the CRTC to regulate any content that either directly or indirectly generates revenue. In other words, the CRTC can regulate nearly anything on the Internet.

At the heart of the bill is the lurking threat of expanding censorship. It is only a matter of time, as this new opening moves through the process of bureaucracy. We must carefully consider more than the bill in front of us as it exists on paper, otherwise we will move too close to Big Brother for comfort, and it will turn out to be just as toxic as a reality show, but without any of the entertainment value. I hope bad jokes will remain safe from censorship as well.

Liberal members, along with their neighbours in the NDP, may say that this is not the intention behind the bill. If it is not, I will remind them that good intentions can still pave the road to a very bad place, and that is why Conservatives keep on saying and trying to remind them of. We are doing our job as the official opposition because it is our duty to point out any harmful risks in legislation so Parliament can make better decisions on behalf of Canadians.

This is what every MP should keep in mind. When I took my oath of office as an MP, I swore to defend the Constitution and the fundamental rights of every Canadian. Every single MP did the same thing. We are all under that same obligation. It is entirely possible to fix the problems with the bill while achieving what the NDP-Liberals say it is supposed to do. There should absolutely be a level playing field between smaller Canadian broadcasters and larger streaming services. Canadian content creators have something unique to bring to the table, and we all want to see them in the spotlight. No issues there. We are happy to pass this part of the legislation that supports Canadian producers.

However, where it goes too far is that it is unnecessarily wrong for government to control what people can or cannot access online, and ironically, what type of content Canadians should or should not produce. It is extremely irresponsible to ignore the warnings we have received. Before we know it, it could completely get out of hand. If the NDP-Liberals want to deny it, they should explain to Canadians how they are leaving room for it to happen without closing the obvious loophole.

It is a failure of due diligence and there is no excuse for it. Canada stands in a long tradition of free expression. We are admired and envied around the world for a heritage of free speech among many other freedoms. For centuries and over the years in our lifetime, we have seen it practised in newspapers, letters to the editor, and people just simply writing letters to their elected officials.

Today, we all express ourselves on the Internet as a free space. We can post our opinions. We can access information and engage with other people around the whole world. We have done it as citizens, and we do it as members of Parliament communicating with our fellow Canadians. Right now, it is easy to make posts and videos with our thoughts on all kinds of issues, and it all could be subject to regulations. Bill C-11 fails to provide safeguards for our freedom as we know it.

The government could eventually control what everyday citizens post online. This is what Peter Menzies, the former CRTC vice-chair, had to say about Bill C-10 in the last Parliament: “[It] doesn't just infringe on free expression, it constitutes a full-blown assault upon it and, through it, the foundations of democracy.” That should catch all of our attention. The former CRTC vice-chair warned that this legislation is toying with a fundamental right. He is in a position to understand better than some how necessary freedom of speech is for a democratic process to remain intact.

Citizens must always be able to disagree with their governments openly and strongly. We are eroding this right so the government, through the CRTC, could have the ability to regulate what it does or does not like to hear. Quite frankly, it does not like to hear the dissent from the opposition. That said, Bill C-11 would not only give us a paternalistic government, but it might also create practical problems in the area it claims it would help.

Currently, anyone could pull out their device and head over to YouTube, where they can access any content they would like, whether it is kitchen renos, how to fix car problems or content posted by friends, family or people around the world. It works well enough for now, but with the government involved, the CRTC might decide to dictate what content people should see when they search for something specific. While government mandated algorithms analyze how Canadian the content is, what someone is looking for might get pushed to the back of the queue of their search results, if it simply does not pass the test.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am of the view that we really need to get this to committee. We have so many questions. We have issues we need refining.

To the extent that the online streaming bill does not take into account how some online streaming and online services promote disinformation and misinformation, we see it more now than we did last year when we were looking at Bill C-10. I am wondering if the member would agree that it is time to get the bill to committee so we could hear the witnesses, and refine and improve the legislation.

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May 5th, 2022 / 4:50 p.m.


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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, I am proud to be speaking on behalf of the constituents of Saskatoon West. We are a diverse group of citizens from many backgrounds and with a variety of different views. They have called me and emailed me over the past year, asking about stopping online censorship. They wanted to be free from government overreach back then, and they feel the same way now.

The people of Saskatoon West also want an end to the unscientific, job-killing NDP-Liberal federal mandates. Many have voiced their concerns on social media platforms. They are concerned that the government is going to block their voices.

Speaking of censorship, the current government has quite a history of shutting down opposing voices, even when it comes to members of its own caucus. We remember, of course, Jody Wilson-Raybould and Jane Philpott.

In the last Parliament, the government introduced its first attempt at regulating the Internet with its Bill C-10 and Bill C-36. These bills generated incredible feedback for me via telephone, written letters, emails and social media. It is safe to say that the overall response was extremely negative and many in the media, many consultants and many ordinary folks were very concerned by this legislation. I had hoped that, after seeing all of the opposition to those bills the last time around, the government would smarten up and rethink this flawed legislation. Unfortunately, smartening up is not in the wheelhouse of the current government, and instead it doubled down and reintroduced essentially the same thing.

Let us dive into Bill C-11. The minister stated that the goal of this bill was to target only big online streamers and exclude day-to-day users. It is supposedly about making Canadian content more accessible. The only problem with this argument is that Canadian content has always been accessible. Canadian producers have been able to jump onto various platforms, such as TikTok, YouTube, Facebook and Twitter, and showcase their content without a problem. Why is there the urge to regulate the Internet now?

The current government members think that the content available for users is not Canadian enough for their liking. This is where things start moving toward online censorship. Essentially, any content deemed unworthy by the NDP-Liberals would be bumped out of people's recommended feeds in exchange for government-approved content. Content that is not Canadian enough for the CRTC regulators would be sent to the back of the Internet, which leads to a question: Who reaps the benefits of this? It is the legacy media.

In this new age, where we get most of our information online, broadcasting companies such as the government's beloved taxpayer-funded CBC have been left in the dust. At the end of the day, they want their content promoted over everyone else's. They are the ones scrambling for advertising revenues. This will throw the remaining content, Canadian or not, to the side. Many experts have raised concerns about this bill being very similar to the NDP-Liberal government's original Internet censorship bill, Bill C-10, in the sense that it would still have the power to block Canadian freedom of expression online.

The former vice-chair of the CRTC, Peter Menzies, stated, “The biggest difference is that it is called Bill C-11 instead of Bill C-10.” He added, “It is unfortunate because they are giving the CRTC enormous powers, enormous powers, and it is not in the DNA of any regulatory body to not continue to expand its turf.”

The major criticism of Bill C-10 surrounded the issue of user-generated content: those pictures, audio files and videos that many of us share daily on social media. There was a clause in Bill C-10 that exempted this from regulation, but it was removed at committee, which created a firestorm of concern. At the very least, I had expected the government to address this issue. Instead, it added an exception to allow the CRTC to regulate user content. Michael Geist, the Canada research chair in Internet and e-commerce Law, stated:

...for all the talk that user-generated content is out, the truth is that everything from podcasts to TikTok videos fits neatly into the new exception that gives the CRTC the power to regulate such content as a 'program'.

In other words, user-generated content is not subject to regulation unless the CRTC decides it is subject to regulation, in which case it is subject to regulation. Are members confused yet? The truth is that the vague language in this bill opens the door for the government to abuse its power and regulate user-generated content. The Internet is our main go-to for information, and many Canadians are earning a good living by making entertaining or educational content on various platforms. The way this bill is currently written, it would limit this creativity and possibly censor a wide range of the content produced online.

Twitter issued these scathing words: “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 (e.g. China, North Korea and Iran) under the false guise of ‘online safety’, impeding people's rights to access...information online.” It goes on to say that Bill C-11 “sacrifices freedom of expression to the creation of a government-run system of surveillance of anyone who uses Twitter.”

Members should think about that. Twitter was comparing this government to North Korea, and that was before Elon Musk bought it.

The NDP-Liberal government is doing what we have seen time and again: dividing Canadians and stripping away our rights and freedoms one by one. Now, the government is creating a three-headed dragon to take away freedom of expression online from Canadians. These three heads are the Internet censorship Bill C-11, the news regulation Bill C-18, and the expected return of Bill C-36, which would block online content that the government does not like.

If members do not think that this government wants to shut them down, they have not been paying attention. We have seen this government target law-abiding firearms owners by seizing firearms from normal, hard-working Canadians and at the same time reduce sentences for criminals who smuggle illegal firearms into Canada. We have seen it target energy workers who work day and night in our natural resource sectors that, by the way, allow the leader of the NDP to fill up his $80,000 BMW with gas every morning. We have seen it target western Canada's entire energy sector by threatening to shut it down, calling our oil and natural gas “dirty” and at the same time importing oil from countries with horrible human rights records and next to no environmental standards. The Prime Minister still cannot figure out why there is so much division in our country. He is creating it.

In February, when the minister tabled the bill before us, he said that cat videos and social media influencers would not be covered by it. However, this week, YouTube warned Canadians that this simply was not true. A Canadian Press story reported the following:

Jeanette Patell, head of government affairs at YouTube Canada, said the draft law’s wording gives the broadcast regulator scope to oversee everyday videos posted for other users to watch. She told the National Culture Summit in Ottawa that the bill’s text appears to contradict [the] Heritage Minister’s public assurances that it does not cover amateur content, such as cat videos.

I have heard back from many people across this country since last year about their concerns, from when the bill was called Bill C-10. Since then, the calls and emails have just amplified about Bill C-11.

I have a very hard time believing that the use of the bill would only target big online streamers, especially when I have seen first-hand how far this government will go to end criticism. If we flash back a few months to the Prime Minister's trip to Europe, many politicians in the EU called out the member for Papineau's actions during the convoy, and I tweeted about this. Gerry Butts, the former chief of staff to the Prime Minister, tried to dismiss it right away. He said, “If you're getting your news from news outlets—

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May 5th, 2022 / 4:45 p.m.


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Green

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 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.

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May 5th, 2022 / 4:35 p.m.


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Conservative

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.

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May 5th, 2022 / 4:30 p.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary 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 made us chuckle 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.

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May 5th, 2022 / 4:25 p.m.


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Conservative

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.

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May 5th, 2022 / 4:15 p.m.


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Bloc

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.

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May 5th, 2022 / 3:35 p.m.


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Bloc

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.

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May 5th, 2022 / 3:35 p.m.


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NDP

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.

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May 5th, 2022 / 3:30 p.m.


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Bloc

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.

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May 5th, 2022 / 3:20 p.m.


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Bloc

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 ProceedingsGovernment Orders

May 2nd, 2022 / 7:20 p.m.


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Liberal

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 ActGovernment Orders

March 29th, 2022 / 5:35 p.m.


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Conservative

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.


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Conservative

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.