Online Streaming Act

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

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

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

Votes

March 30, 2023 Passed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
March 30, 2023 Failed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (reasoned amendment)
June 21, 2022 Passed 3rd reading and adoption of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (hoist amendment)
June 20, 2022 Passed Concurrence at report stage of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 20, 2022 Passed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
June 20, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
May 12, 2022 Passed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (amendment)
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (subamendment)
May 11, 2022 Passed Time allocation for Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:15 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalMinister of Canadian Heritage

moved that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, imagine a day without art and culture: no music, no movies, no television or books. It would be really boring. This is why I am so happy to speak today about Bill C-11, the online streaming act. This legislation will update Canada's broadcasting rules to include online streaming services and will require them to contribute in an equitable way to our culture.

This is the first of a few pieces of legislation that are part of my mandate as Minister of Canadian Heritage. The bills are with respect to online streaming, online news and online safety. All three will work together to make the Internet a fairer, more inclusive, safer and more competitive place for Canadians.

When the Internet came along, we all thought that it was great and wonderful, that we would let it develop on its own, that we would not get involved at all, and that it would create new opportunities, strengthen democracy and connect people.

That is true. The Internet has connected so many people and has had and continues to have so many positive impacts. The Internet is a true vector of change, but it is also responsible for an increase in polarization and misinformation. When it comes to culture, for example, the Internet has completely changed the way we produce and consume cultural goods.

What is more, unfortunately, anyone, particularly young people, can easily be exposed to completely unacceptable online content, such as content promoting hatred online, child exploitation and bullying. We all have a role to play, including the platforms that dominate the Internet and take up so much space in our daily lives.

We need to take action to address these issues now. If not, they will continue to harm Canadians, chip away our cultural sovereignty and weaken our digital society. This is about making the Internet a better place for all Canadians.

How are we going to do this? It starts with this bill, the online streaming act. It starts with making sure that online streamers contribute to the strength and vitality of Canada's cultural sector. Let us remember Canada's strong culture is no accident. We made that decision. We decided and we chose to be different. We chose to be different from our neighbours to the south. We chose cultural sovereignty.

We are reminded of this every day, especially yesterday on National Flag of Canada Day. When we chose the maple leaf as our flag, we were choosing a symbol of our national identity, a symbol that is distinct and set us apart from the cultural superpower to the south. After 57 years, the maple leaf is the most widely recognized Canadian emblem in the world. To each and every one of us, it is a symbol of a Canada, a country, made by all of us together.

Our culture is all of us. I say that often. It is our past, present and future. It is how we talk to one another and how we tell our stories.

For more than 50 years, the Broadcasting Act has helped us share our stories. That is how we built a strong Canadian culture. That is how we forged our Canadian identity, and that is how we brought Canadian voices to the world. We want to build on this for the future. We must recognize that times have changed.

The last time our system was updated was in 1991, and the world was a very different place. People were going to Blockbuster Video to rent movies. I am sure you used to go there yourself, Mr. Speaker. We all went to Blockbuster to rent VHS tapes and paid a fee when we brought them back late. We had Walkmans. That is how we used to listen to music.

So much has changed in the last 30 years. Online content delivery has changed how we create, discover and consume content, and the system in place today needs to reflect this.

Canadian broadcasters have been investing in the system for decades to create the content we love, so it is only fair that online broadcasters be asked to contribute. We are only asking them to do their part, nothing more, which is fair.

Companies like Netflix, Amazon and Disney, to name a few, are already investing in the Canadian economy, which is great. We all benefit from that. Some of their content is really entertaining. This means money for and significant investments in our country. We are very pleased that they continue to invest here and pursue their projects in Canada.

Let us be honest, though. There is another reason why they are investing in Canada. It is because we have incredible talent here, including directors, actors and technicians. We have amazing talent, by any measure, so it makes good business sense to come and invest in Canada.

Basically, what Bill C-11 does is it updates the rules so that all broadcasting platforms contribute to our culture. That is all. That is what the bill is all about.

The online streaming act would bring online broadcasters under similar rules and requirements as our traditional broadcasters. Unlike traditional Canadian broadcasters, platforms profit from our culture but have no obligation to contribute to it. With money leaving traditional broadcasters, day after day, to go to these platforms, this is putting our creators, our industry, our jobs and even our culture at risk. We have to act.

Our system must also pave the way for new and upcoming Canadian artists. There is so much talent in this country. For decades, our current system introduced us to the incredible artists that we all love, many of them now share their art around the world. They are known everywhere. There are so many talents. I am thinking of Anne of Green Gables, The Tragically Hip, C.R.A.Z.Y., Drake, Charlotte Cardin, Lara Fabian, Shawn Mendes, District 31 and Schitt's Creek.

I could name so many other success stories from television, film and the music business.

We want to make sure that our children as well as future generations grow up as we did, having the chance to watch our stories and to listen to our songs.

Culture is an extremely powerful and foundational form of expression. It enables us to share moments, feelings and dreams. It enables us to forge a shared identity. Its scope and influence are greater than ever.

People need their culture to reflect who they are. For example, as francophones, we depend on culture to preserve our language. If we want our children to speak our language, we need to keep our culture strong. To do that, we need a system that is both just and fair.

Indigenous peoples are counting on it too. Diversity and inclusion are Canadian values and they must be key elements of our cultural policy. This is a key pillar of the online streaming act. Racialized Canadians, women, LGBTQ2+ persons and persons with disabilities deserve to have a space to tell their stories to other Canadians but also to the world.

This bill claims that space and makes sure that online streaming platforms contribute to Canadian culture, to our culture.

Currently, our Canadian broadcasters have to follow a set of rules, but streaming platforms follow a different set of rules. It should be the same for everyone, and that is exactly what we are going to do with the online streaming act. Anyone who makes money from the system has to contribute to it.

It is true that in the previous Parliament there were many important debates about the role of social media in supporting Canadian artists and culture. That is why we listened to the concerns around social media and we fixed it.

In response to this debate, Bill C-11 clearly outlines that the regulator would have no power to regulate the everyday use of social media by Canadians. Let me be clear. We will not regulate users or online creators through the bill or our policy, nor digital-first creators, nor influencers, nor users. Only the online streaming companies themselves would have new responsibilities under this act. That is our goal and we will achieve that goal.

How will we do this? Our new approach to social media responds to concerns about freedom of expression. At the same time, it takes into account that music is largely broadcast online. That is why this bill includes very important updates that would only focus on relevant types of commercial content. In fact, a study conducted by Media Technology Monitor in 2020 found that about two-thirds of Canadian adults use YouTube to listen to music, which outpaces dedicated music services such as Apple Music and Spotify.

The proposed amendments in the online streaming act regarding social media would not apply to content uploaded by users or to the users themselves. They would only apply to commercial content based on specific criteria defined in the bill. This responds to the needs of music stakeholders who stated that platforms that broadcast commercial music must contribute to the system. This is a creative way of doing this. We are defining the sandbox for the regulator in the law. There is a sand box there. This is a compromise, an effort in good faith, by the government.

I met with many social media content creators, including YouTubers and other digital-first creators, and I heard their concerns. It was a great conversation. They are amazing. They are all over the world and they are incredible and creative. I heard them very clearly and will continue to listen to them. These creators share incredible content with audiences here in Canada, but also, as I said, around the world. This bill is not about them. It would not require them to do anything new. It would not change anything for them.

If I have not been crystal clear on this yet, let me add that once this bill has gone through the parliamentary process and received royal assent, we will make it even more clear to the regulator, through a policy directive, that this legislation does not touch users, only online streaming platforms. Platforms are in; users are out.

Once again, I want to be extremely clear. This law will never control what Canadians can or cannot see online. We will always be able to choose what we listen to and what we watch. Users are not broadcasters. The content will not be regulated and an individual online creators' content will not be regulated. Again, the principle is simple: Platforms are in; users are out.

Our goal of updating our system has not changed. The system needs updating because 1991 was a long time ago.

As a country, we made the choice decades ago to protect our cultural identity so our artists and creators would always have a place on our airwaves to showcase their work here at home and around the world. That is why one of the conditions for obtaining a broadcasting licence is investing in and promoting Canadian content.

Our goal here, as we have said many times, is to ensure that everyone contributes to Canadian culture and puts our music, our TV shows and our films on the map. That goal has not changed. What has changed is the medium, the market and other things. It is time to adapt. It is not 1991 anymore.

Since the last major reform in 1991, the system has served Canadians well by creating a distinct space for our culture. Thanks to this system, generations of Canadians have grown up listening to Canadian music on the radio and watching Canadian movies on television, and generations of artists have been able to showcase their art and touch the lives of many Canadians. Now that the Internet has opened the door to new cultural connections, we want Canada's cultural success to continue, expand and accelerate. Never before has this been so necessary. I would say that it is now or never.

We have said it, we have seen it and we have lived it: COVID-19 accelerated our transition to the online world, and I am certain that applies to everyone. Physical distancing has pushed Canadians toward online platforms and streaming services. Canadians are communicating with their friends and families online, and millions of people are teleworking. Students, including my daughter, are taking their courses online, and in these difficult times, many of us have found an escape in streaming online music, television shows and movies.

Canadian artists and creators are facing many pandemic-related challenges that have severely limited their revenue streams for almost two years. An unbalanced system with unequal obligations is only making this situation worse for our artists, our creators and our culture. With fewer resources, fewer opportunities and fewer productions, Canadian music and stories will become harder and harder to find, and that is not what we want. We want the opposite. Without intervention, current trends in the market are expected to result in a decline in the production of Canadian television content of almost $1 billion by 2023 when compared with 2018. This is only a measure of the economic loss. The truth is that our cultural identity is at stake.

A distinct space lets us speak to and understand one another, build our own Canadian identity, and work together to find solutions for national issues. As our space erodes, our ties dissolve, and our stories, values and perspectives fade, there is a problem, and doing nothing is not an option.

We have taken action and will continue to do so to protect our culture, our jobs, our creators and the voice of Canadians.

The online streaming act will make a direct contribution to the vitality of Canadian culture. We just want online streamers to do their fair share, no more, no less, to fund, create, produce and distribute Canadian content. The act will ensure the future of Canadian broadcasting, as well as promote and protect our cultural sovereignty.

This legislation is the result of years of hard work and consultation on the part of Canadians, industry, stakeholders and parliamentarians, and I want to thank them for their thoughtful insights and hard work. As we start the debate on this very important piece of legislation, let us remember that at the end of the day, this is about updating our system to reflect today's digital reality.

Things have changed and streaming platforms are the new big players. This bill would make sure that everyone contributes in a similar and equitable way to our culture. The objectives of our cultural policy and broadcast system have not changed. This is about fairness and good middle-class jobs in the cultural sector. It is about having the power to shape our culture and making sure that everyone can see themselves in our culture. It is about being proud of who we are, being proud of being Canadian.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

Before we get to questions and comments, members want to be disciplined in how they ask their questions so that everybody gets an opportunity to do that.

We have a point of order from the hon. member for Winnipeg North.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, in workplaces in the province of Ontario, people are mandated to wear masks. When I look across the aisle, 20% of the Conservative caucus is not wearing a mask. I look to the member for Carleton, an Ontario member of Parliament. We are in Ontario, and Premier Doug Ford has mandated masks in the work environment. Should we not be wearing masks?

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

The Speaker responded to this yesterday in a point of order and tried to clarify it. The BOIE made a decision that it is strongly recommended but not required. It just depends on where one draws the line of “strongly recommended”. I will strongly recommend that members of the House keep their masks on when they are not speaking.

Questions and comments, the hon. member for Carleton.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, I took my mask off to speak. I note the member had his mask off while he was very quickly condemning others for not wearing a mask. It is ironic.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Mark Gerretsen

He has had it off for 10 minutes. He just lied to the House.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Conservative

Pierre Poilievre Conservative Carleton, ON

The minister wants us to trust his government to regulate what Canadians see and say online. Let us look at how the government uses the powers it has.

This very week, it decided to invoke the never-before-used Emergencies Act, an act with vast powers. It was not used after the attacks of 9/11. It was not used when a gunman came into the parliamentary buildings after shooting a Canadian soldier dead. It was not used with the blockades of the pipeline in British Columbia. These powers will allow the government to invade the privacy, the freedoms and even the bank accounts of Canadians. That is why the Conservatives will fight it all the way.

The Conservatives will fight against this abuse.

The government has abused the freedoms of Canadians. Why should Canadians now trust that same abusive government with the power to censor what Canadians see and say online?

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Mr. Speaker, I thank my colleague for his leadership speech, although maybe this is not the right forum for that. Maybe he should do that in his own caucus meeting room, not here, because I am talking about something else. We are talking about—

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

We have a point of order from the member for Leeds—Grenville—Thousand Islands and Rideau Lakes.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:35 p.m.
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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, just after the member for Carleton started speaking, the member for Kingston and the Islands said, in a volume loud enough for all members in the House to hear, that another hon. member had lied. I believe if we were to check Hansard, it would confirm this, and I believe the folks at the table heard the same thing.

I ask the Speaker to invite that member to unreservedly apologize for impugning a members' character and speaking in an unparliamentary way about an hon. member of this place.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:40 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, because it is not appropriate to call another member a liar in the House, I certainly take that comment back. However, I will say that for eight minutes we watched the member without that mask—

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:40 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

I thank the member.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:40 p.m.
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An hon. member

He's not wearing a mask.

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:40 p.m.
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Some hon. members

Oh, oh!

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:40 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

Are we done? I thought now that we were into debate on this bill, we would have a nice quiet time talking about it.

The minister did not have an opportunity to answer, so we will go to the hon. Minister of Canadian Heritage.