This bill is from the 44th Parliament, 1st session, which ended in January 2025.
Pablo Rodriguez Liberal
This bill has received Royal Assent and is now law.
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) 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.
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-11s:
Jean-Denis Garon Bloc Mirabel, QC
Mr. Speaker, I thank my colleague for his speech.
For a while now, the Conservatives have been saying that they are standing up for Quebec by opposing Bill C‑11 and that their love for Canadian and Quebec culture knows no bounds.
I will do my colleague a favour. I would like to give him the opportunity to name his three favourite francophone artists from Quebec, other than Celine Dion.
Jenica Atwin Liberal Fredericton, NB
Mr. Speaker, I would like to put on the record that I loved The Littlest Hobo. I grew up watching that show, but the insulting way that the member has characterized Canadian content only serves to support why Bill C-11 is so important.
I do want to ask a question about his opening statement as part of his discourse today. He mentioned the pursuit of wokeness for our side. I would love for the member to define “wokeness” and why he is seemingly against it.
Brad Redekopp Conservative Saskatoon West, SK
Mr. Speaker, I will be splitting my time with the member for Abbotsford.
Today I am speaking, along with many others, about an issue fundamental to the future of our country.
Do we as Canadians live in a country that believes in the principles of our Charter of Rights and Freedoms and supports free speech on the Internet, or do we deviate and support the principles of censorship and the pursuit of wokeness and conformity? What do we value as Canadians?
The fact is that the Conservative Party is the only political party in Canada that stands for freedom of speech and the rights of Canadians to express themselves freely on the Internet. Margaret Atwood called Bill C-11 “creeping totalitarianism”.
We have, and we will, fight this legislation to the bitter end. Is it a losing fight? Probably. We have heard many times, when the Prime Minister asked the leader of the NDP to jump, that the only question he gets in response is “How high?” That does not mean that Conservatives would not fight. However, it does mean that, when Conservatives form the next government under our new leader, we would repeal this horrible attack on free speech.
Much has been said about the obvious move toward censorship and government control over what we see and post. However, I want to come at this from a different angle, which is that of The Littlest Hobo. I grew up in the 1970s in rural Saskatchewan. We had colour TV, I am not that old, but our house only had two channels: CBC and CTV. It was the golden age of government censorship of what we could watch on TV.
Back then, the CRTC was not as concerned about political censorship as we would see with the result of Bill C-11, but it was very concerned that we watch Canadian programming, instead of that evil, awful American programming. Every day, after school, I had to endure a half-hour of The Littlest Hobo, because it was literally the only thing I could watch on TV. Now some may have enjoyed the show. I did not.
This was the result of the government dictating to Canadians what it felt we needed to watch on TV. Thankfully, we eventually got U.S. TV channels in our house, and we were able to finally watch what we chose to watch and not what the CRTC told us we could watch.
Everyone who has grown up in the Internet generation has always had full control to watch whatever they want to watch on the Internet. The government has so far been unable to censor them and force them to watch the content it deems important.
With Bill C-11, the government would be throttling the Internet and forcing Canadians to watch things it deems important: The Littlest Hobo of this decade. Do not get me wrong. I am not against Canadian content in any way. I just want good content, wherever it comes from.
Canada produces some amazingly good content. For example, The Handmaid's Tale by Margaret Atwood was written by a Canadian author and is being filmed on Canadian soil. It stars Canadian actors and it employs Canadian producers, but it fails to make the cut. It is not considered Canadian by the CRTC.
This just demonstrates the silliness of the government trying to dictate and control our creative industries. The last thing our creative industries in Canada need is more government control.
Canada has amazing content producers, from big-name actors, producers and artists down to small content creators on YouTube, Instagram and other platforms. We must keep them free to compete in a global world, rather have the government pick who are the winners and who are the losers.
How does Bill C-11 work? How does the legislation actually strangle the freedom of individual Canadians on the Internet?
At the heritage committee, one witness, J.J. McCullough, used a metaphor that I believe captures this law in a nutshell. He said, “It's like promising not to regulate books while [simultaneously] regulating...bookstores.”
The approach of the NDP-Liberal coalition is to regulate everyday social media platforms that Canadians use: Facebook, Twitter, TikTok, YouTube and others.
This would directly affect every Canadian, as the platforms would be told by the government which of the content created is allowed or not. It is as if someone walked into a bookstore but would only be allowed to see the books on certain racks. They would not be allowed to see the books on other racks in the rest of the store.
The government agency overseeing this is called the Canadian Radio and Television Commission, CRTC. These are the same people who forced me to watch The Littlest Hobo as a kid. The CRTC has been around for a long time, and, in theory, it is responsible for ensuring Canadian content on radio and TV. They are the reason cable is so expensive and why many of us are cord-cutting.
Basically, the CRTC is a bunch of Toronto, Montreal and Ottawa elites, appointed by the Prime Minister, whose jobs would be to decide what we consume and what we post.
This law would effectively give the CRTC the authority to set out conditions, requirements and exemptions for what is to be restricted or to be allowed. For example, the law would give the commission the authority to make orders imposing conditions affecting such things as “the proportion of programs to be broadcast” being “devoted to specific genres” and “the presentation of programs and programming”.
Despite its vague language, it is clear that the government plans to give the friends of the Prime Minister the power to decide what the people see, quite literally policing content.
They do this under the guise of promoting Canadian content, but that is just an excuse to grab more power and to limit the freedoms we enjoy. That is exactly what Bill C-11 does.
It gives the CRTC the authority over platforms like YouTube. These platforms would be forced to comply with regulations that prioritize content to be displayed to individuals over others, depending on what the CRTC deems to be the priority. That is exactly the problem.
This law would “encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity”.
Who will decide what content is reflective of Canadian opinions, ideas and values and exactly what those are? Of course it is the friends of the Prime Minister.
This one phrase would reprogram the algorithms of your platforms to show you what the government wants you to see, rather than having your preferences deciding what appears in your feed.
The NDP-Liberals do this under the banner of diversity and inclusivity. The truth is that, right now, open platforms allow for, and facilitate the exchange of, diverse and inclusive content better than a government with a political agenda ever could.
The party that prides itself on multiculturalism is now putting a rubber stamp on what is Canadian and what is not. Canadian culture and interests are always expanding and are being influenced by many different artists, genres, languages and the trends of the day. The government is the last organization I would want creating Canadian culture.
Ultimately this is the difference between the Conservative approach on this issue and the approach of the NDP-Liberals. They are concerned about government control and how to have power over Canadians. Conservatives are devoted to freedom. We want Canadians to be able to live their everyday normal lives on the internet. It is simple as that.
Let us talk about how this legislation would affect Canadians. As Neal Mohan, the Chief Product Officer for YouTube, has explained in countless interviews, Bill C-11 would harm Canadian content creators.
Some may argue that YouTube is a massive corporation simply looking after its own interests. Of course, on one level that is true, but YouTube contributes over a billion dollars to the Canadian economy and creates roughly 35,000 jobs in this country, so it does have a stake beyond the confines of Silicon Valley.
Bill C-11 would essentially decide who the winners and losers of this market are, based on the qualities and conditions set out by the CRTC. Rather than helping the little guy, this government plans on putting barriers that impede them from success.
By creating more red tape, we would not just harm the economy but, more importantly, we would harm each Canadian who depends upon the internet to generate income. Nowadays, that is a lot of people from all age groups and all walks of life. This law would cover any content individually generated that touches a user trying to make even the smallest dollar.
The Liberals will say that this bill would not touch personal content like cat videos but that is simply not true. Even the current Liberal-appointed chair of the CRTC told the truth by mistake and admitted that Bill C-11 would regulate content generated by individual users.
According to YouTube and others in this field, forcing content to be displayed in one’s feed may have a negative impact on content creators within Canada and would harm the very people the government claims that it wants to protect.
We all know what happens when the government tries to force-feed us content that we don’t want, like The Littlest Hobo.
We do not want to watch it, yet the government shoves it down our throats anyway. At least CBC TV shows are voluntary right now. Just wait until the algorithms are required by law to put these in our YouTube searches, then in our Facebook videos and then in our Insta stories.
There will be no escaping the government-approved content, so we will shut it off. One does not see what one wants, and the so-called Canadian content shoved down one’s throat will go unwatched. It is a lose-lose situation, like most things that this current NDP-Liberal government does.
Bill C-11 is a threat to our fundamental rights and is setting up the foundation for censorship. Whether one is a YouTube content creator, a social media influencer or even just a viewer, Bill C-11 would limit Canadians from seeing and watching the content they choose.
People in Saskatoon West are worried about what is to come if this legislation passes, and that is why we must kill Bill C-11.
Elizabeth May Green Saanich—Gulf Islands, BC
Mr. Speaker, as the member knows, I intend to vote for Bill C-11, but I would vote for it with more enthusiasm if the government had accepted the amendment from the Senate that excluded user-developed content. I wonder if the member could explain, because so far I have not had any explanation that makes sense to me, why the government has rejected that amendment from the Senate.
Mark Holland LiberalLeader of the Government in the House of Commons
Mr. Speaker, let me join with my hon. colleague, the opposition House leader, in wishing everyone a joyous Easter. I hope that members who are celebrating Easter take time with their families. This is also a very busy time for many of our other faith communities as we recognize Vaisakhi. We are in the holy month of Ramadan right now and we have Passover. This is a time that is very rich, one when I know people will be visiting churches, mosques and temples in our communities to share with the rich faith traditions in our constituencies. I hope all members are able to profit from those opportunities to be with their constituents and families.
With respect to Bill C-11, I will simply state that I do not think there is any amount of time that would satisfy Conservatives. In fact, I would challenge the opposition House leader to indicate just how many days of debate he would like. I do not think there is any end. Conservatives have indicated they want to obstruct this bill. This bill has had more time in the Senate than any bill in history. It was in the last Parliament and it is in this Parliament. It is time our artists get compensated for their work and that the tech giants pay their fair share.
Tomorrow, we will start the second reading debate of Bill C-42, an act to amend the Canada Business Corporations Act, and then we are going to be switching to Bill C-34, the Investment Canada Act.
When we return, we will continue with the budget debate on Monday, Tuesday and Wednesday.
On Thursday, we will start the day with a ways and means vote relating to the budget implementation act. Following the vote, we will proceed to the debate on Bill C-27, the digital charter implementation act, 2022, followed by Bill C-42.
Finally, on Friday, we will commence debate on the budget bill.
Andrew Scheer Conservative Regina—Qu'Appelle, SK
Mr. Speaker, it is now time for the Thursday question. Before I go to it, I want to wish everyone a blessed Good Friday and a happy Easter. Christians in the western world will be observing both. Easter is coming up and I know it is a time when family members will get together, visit and take a bit of a break. A lot of Canadians are going through a lot of hardships and I want them to know we are thinking of all the vulnerable Canadians who might be facing extra struggles given the current economic woes that are afflicting many hard-working Canadians across the country.
I want to wish everybody in this place, from the pages to the support staff, you, Mr. Speaker, and members of all parties a fruitful two weeks working hard in their constituencies, meeting with their constituents and taking a bit of time with their friends and families.
As it relates to House business, I would like to know if the government House leader can update us as to what the business of the House will be. We were hoping we would have more debate on Bill C-11, which would grant unprecedented powers to the government to control the Internet. I note that debate will end today because the government is stifling that debate, but I hope the member will update us as to what we will be debating when the House comes back after the Easter break.
Greg Fergus LiberalParliamentary Secretary to the Prime Minister and to the President of the Treasury Board
Mr. Speaker, the reality is that right now the tech giants are not paying their fair share. Seventy-one per cent of Canadians agree that they should be doing so. This is the reason why. This is why we are making sure that we have Bill C-11 to deal with this job.
We know that the web giants must do more, more for our culture, more for our local media, more to protect our children. That is exactly what we are doing. Why are the Conservatives against that?
Greg Fergus LiberalParliamentary Secretary to the Prime Minister and to the President of the Treasury Board
Mr. Speaker, there is a consensus in Quebec that we need to make web giants pay their fair share. Everyone—actors, authors, composers, producers, directors, musicians, singers, technicians—is on the same side regarding Bill C‑11. Everyone but the Conservatives, that is.
I invite the Conservatives to get on the right side and support Quebec and Canadian culture.
Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)
Mr. Speaker, we will not have those days back because that Conservative Party is gone. Believe it or not, Stephen Harper's Conservative Party no longer exists. As extreme right as that party was, we are now dealing with something even more to the right. It is a complete engulfing of everything populous that anyone could ever imagine.
I am going to talk about disinformation in my speech, in particular disinformation from the Conservatives. The first example that comes to mind is the last interaction between the member for Calgary Nose Hill and her Conservative colleague, who asked a friendly question about Margaret Atwood. There was disinformation about what Margaret Atwood said and her intentions.
I want to read to the House what The Globe and Mail reported regarding Margaret Atwood: “The author said she had not read the bill ‘thoroughly yet’ and that there seemed to be ‘well-meaning attempts to achieve some sort of fairness in the marketplace.’” The Conservatives are not properly representing the thoughts of Margaret Atwood, yet they use her as a vehicle for disinformation repeatedly.
Unfortunately, what this issue has turned into for the Conservatives is nothing more than a fundraising cash cow. That is what this is. They are using every opportunity to raise money off this issue. They are using this House to raise money off this issue. They are promoting disinformation and misinformation to raise money off this issue.
I would like to read some of the outlandish things we have heard from Conservatives throughout this debate.
The member for Lethbridge said, “I wish for Canadians to know that this bill would impact them in two damning ways: One, it would censor what they see; and two, it would censor what they say.”
The member for Carleton himself said, “The bill is about controlling the people.”
The member for Sarnia—Lambton asked, “Could the member tell me how this legislation is different from what happens in communist countries?”
The member for Leeds—Grenville—Thousand Islands and Rideau Lakes said, “it is a government that wants to control what Canadians see and control what Canadians think.”
The member for Kildonan—St. Paul, quoting Jay Goldberg, said, “If government bureaucrats get to choose what content to push on Canadians, there’s a very real risk the government will be tempted to use its filtering powers to silence its critics.”
The member for Medicine Hat—Cardston—Warner said, “Ultimately, Bill C-11 would put Canada in step with countries like North Korea, China, Iran and Russia”.
The member for Oshawa, and this blew us away on Monday, said, “Bill C-11 is an online censorship bill designed to control search engines and algorithms so that the government can control what Canadians see and hear.” He also said:
Sadly, this legislation models practices directly from the Communist Government of China.... It blocks unacceptable views and connections that the CCP considers harmful to the Chinese public. The goal of its Internet is to reshape online behaviour and use it to disseminate new party theories and promote socialist agendas.
The House was literally in a state of disbelief when we heard the member for Oshawa say that. The first person to get up and make a comment was the well-respected member for Saanich—Gulf Islands, who is not in the Liberal caucus, and she said, “Madam Speaker, as the hon. member for Oshawa was speaking, all I could think is that somewhere there is a Liberal war room clipping all of that to use in ads to make sure no one votes Conservative.”
This is the rhetoric we have been hearing from that side of the House, and it is for nothing more than to clip and create videos to put out there, to generate money and to fundraise. I have been the subject of that myself. A tweet of mine regarding this issue was used in a fundraising email sent out by the Conservatives, with a gigantic “donate now” button at the bottom.
Perhaps one of the most egregious forms of improperly utilizing House resources, which I hope the Speaker will come back to this House with a ruling on in short order, was what the member for Carleton, the Leader of the Opposition, did with the member for Louis-Saint-Laurent, who, by the way, has been in this House for a very long time and is a former House leader who knows the rules inside and out. As they were walking out of the chamber, while the chamber was still in session, they held a phone and started recording a video as they walked into the lobby. They were still in the chamber. The mace is still visible on the table in their video, and the member for Carleton was talking about how the Liberals are trying to silence people. Of course, what is at the bottom? It is a big “donate now” button so people can click the link and support the Conservative Party.
This has obviously been a cash cow for them, and they are using it over and over. Of course, we rose on a point of order trying to get the Speaker to rule on this egregious act of not just filming in this House, which we are not supposed to do, but using House of Commons resources to promote something. When we rose on a point of order regarding that, what did the Leader of the Opposition do? He retweeted that tweet, saying we are trying to silence it. Of course, what is at the bottom of that retweet? It is a big “donate now” button linking people right to the Conservative Party.
Not only does he completely disrespect the rules of this House, but he will then blatantly use the proper calling of procedure to fundraise further. This is the Leader of the Opposition. This is the leader of His Majesty's loyal opposition doing this, and it is absolutely unacceptable. The Speaker knows that. I know that. Every member of this House knows that. However, the Leader of the Opposition continues, and he does not care. He does not care what gets in his way to fundraise, even if it is proper decorum and practice within this House.
The Conservatives get up and say that the Liberal Party and the Liberal government, in cahoots with the NDP, are somehow trying to give cabinet the ability to generate and write the algorithms that would shape what people see. For someone to believe that, they would also have to believe that the Bloc Québécois, a separatist party in this country, is going along with that scheme. How ludicrous is it to think that the Bloc Québécois would say it would turn over the reins to cabinet to generate and make up the algorithms? It is completely ludicrous. The Conservatives know it.
Years ago, when this bill was first introduced in the House, the Conservatives, to their credit, jumped on top of what was possibly a misstep with respect to introducing it. They sensed a little blood in the water, and the sharks were swarming around trying to generate controversy and conspiracy theories on this issue. Of course, because of the way things work on social media, it did not take long for everybody to jump on board those conspiracy theories, and the Conservatives have done nothing, and I mean absolutely nothing, to try to set the record straight. Instead, they have used it for political gain, they have used it for fundraising and they have used it time and time again to try to delay moving anything forward in this House.
If the Conservatives want to get up and talk about closing debate on this issue, they really have to reflect on how many times they have spoken to it. I am sure all they need to do is look at the fundraising emails, because every time this debate comes up, another fundraising email goes out.
Denis Trudel Bloc Longueuil—Saint-Hubert, QC
Mr. Speaker, my colleague stated in her speech that Bill C‑11 would only benefit certain elites. I have no idea who she is speaking about. I stated earlier in my speech that, in Quebec, 80% of the members of the Union des artistes earn less than $20,000 a year. I do not know which elites she is talking about, but my friends who are writers, playwrights and theatre and film technicians are not elites. All these people want us to vote for and to pass Bill C‑11 as quickly as possible.
Kelly Block Conservative Carlton Trail—Eagle Creek, SK
Mr. Speaker, I can already find the things I want to watch quite easily. That is not what this bill is about. Bill C-11 would prevent Canadians from seeing and watching the content they choose. It would instead mean, as I said in my statements, that Ottawa bureaucrats would control what Canadians could see and watch online and through streaming services.
Kelly Block Conservative Carlton Trail—Eagle Creek, SK
Mr. Speaker, for all the Liberals' claims, Canadians understand that if this bill passes, the government will regulate what can be seen or posted online and control which videos they will see more or less often on their feeds.
After eight years, the government has lost the trust of Canadians. Transparency and accountability are not its strong suit. It avoids both at every opportunity, whether it is by providing inaccurate testimony in committees, refusing to allow witnesses to appear before a committee to shed light on very serious issues or refusing to answer questions in this place like who stayed in a $6,000-per-night hotel room during the trip to the U.K. for the Queen's funeral.
We can all understand why Canadians are dubious about the Liberals' intentions in introducing this bill. They see it for what it is, which is an unacceptable attempt by the government to target the freedoms of individual Internet users in Canada. This is clearly not a government that will be accountable to Canadians, and it cannot be trusted with the power of regulating user-generated content.
Lastly, Conservatives understand that government censorship of the Internet is something that happens in totalitarian societies, not free ones. That is why we have fought so hard, both in this place and in the other place, to amend Bill C-11 in order to narrow its scope and fully exempt the content Canadians post on social media. However, the Liberal-NDP coalition rejected those amendments.
After eight years, it is time for a government that protects free speech, protects consumer choice and encourages Canadian creators instead of getting in their way. A Conservative government would repeal Bill C-11 and pass legislation requiring large streaming services to invest more of their revenue into producing Canadian content, while protecting the individual rights and freedoms of Canadians.
Kelly Block Conservative Carlton Trail—Eagle Creek, SK
Mr. Speaker, you stole my thunder.
I am pleased to have this opportunity to rise and speak to Bill C-11, the online streaming act, which, as we know, amends the Broadcasting Act and makes consequential amendments to other acts. I want to start by recognizing my colleague, the member for Lethbridge, who has done incredible work to bring to light the facts about the impacts this bill would have not only on the rights of Canadians but also on content creators here in Canada.
I will be splitting my time with member for Calgary Nose Hill.
This is an immense bill, as it would affect not only online streaming but also user-generated content online, including on social media. Let us review. The first iteration of this bill, Bill C-10, was introduced in 2020. The government claimed that the purpose of it was to modernize the Broadcasting Act and to make large online streaming services meet Canadian content requirements and to bring them in line with TV and radio stations. We have heard that again here.
In its original version, the former bill, Bill C-10, included an exemption for programs that users uploaded onto their social media or “user-generated content”. During the committee’s study, the Liberals voted to remove this exemption from their own bill and refused to allow the Conservatives to reintroduce it. The bill died on the Order Paper when the 2021 election was called, but was reintroduced by the government in this Parliament. Here is what it did.
Bill C-11 would create a new category of web media called “online undertakings” and would give the CRTC the same power to regulate them and would require them to invest in Canadian content, even though they would not be required to apply for licences. While the government put the exemption back in this new version, it went on to also include an exemption to the exemption, which made it effectively meaningless. Unfortunately, this is another bill that the government seeks to pass that would dictate to industries what is best for them, rather than listening to the experts and stakeholders.
Numerous experts such as law professors and former CRTC commissioners believe that this bill would threaten the right to free speech. As we know, section 2(b) of the Charter of Rights and Freedoms guarantees the right to free speech, which can only be exercised effectively if one has the ability to be heard. Law Professor Michael Geist explains this:
To be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions with the presentation of the content (including algorithmic outcomes). The government has insisted that isn’t the goal of the bill. If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.
The government wants to give bureaucrats living in Ottawa the sole discretion of determining what content should be considered Canadian and what should be shown to Canadians at large.
Setting aside concerns regarding free speech for a moment, this bill would also threaten the livelihood of individual content creators, artists and influencers who earn their living through the videos they post on social media and the advertising revenues that they generate. By their testimony, many fear they will not qualify under the CRTC’s rules promoting certified content. They are also afraid of the effects of regulation on their international audiences.
Canadian creators do not need the Canadian media industry to intercede for them to succeed. Canadians are already punching above their weight, and there are many success stories. The reason we have so many Canadian success stories is that we allow the creativity of Canadian creators to flourish. We do not throttle it with excessive bureaucracy or red tape.
In the current landscape, content creators rise to the top through the merit of their content. The Internet offers infinite opportunity for new creators to reach audiences worldwide, allowing small creators to build up audiences through their own creativity and determination.
The bill would seek to stifle that freedom, only allowing those creators that the government deems worthy to be seen. Instead of one’s search bar directing one to the content one is looking for, it would direct one to the content that the government has approved and wants one to see. This would be yet another case of government gatekeepers picking winners and losers based on their own arbitrary criteria.
It is important to note that the Senate made approximately 29, mostly minor, amendments to Bill C-11. This is why it is back before the House of Commons. The most significant amendment proposed would attempt to narrow the scope for social media regulation by adding discretionary criteria that appear to encourage the CRTC to focus on regulating professional audiovisual content rather than amateur user uploads.
While this makes the bill less bad, given that the criteria are discretionary, they do not change the powers of the CRTC to regulate social media or its discoverability powers. Besides that, the heritage minister has already indicated that the Liberal government will reject this amendment.
We should make no mistake: Homegrown talent and creative content here in Canada will no longer succeed based on merit. Content will be subject to a set of criteria that bureaucrats in Ottawa will use to determine its level of Canadianness, resulting in traditional art forms being favoured over new creative content.
Over 40,000 content creators affiliated with Digital First Canada signed letters calling for the discoverability rules in Bill C-11 to be removed.
Since the bill was introduced in its first iteration as Bill C-10, I have heard from many constituents who do not want the government dictating the content that they are allowed to see. They have written to me and expressed their shock and dismay at the government's attempt to control speech and online content.
They want the ability to find their favourite creators and enjoy the content that appeals to them. They do not want to see the favourite content of an Ottawa bureaucrat.
For all the Liberals’ claims, Canadians understand that if this bill passes—
Arif Virani Liberal Parkdale—High Park, ON
Mr. Speaker, I share the member opposite's passion and her fondness for the nostalgia of boom boxes and cassette tapes. I still have some cassette tapes at home. My kids do not know what on earth they are.
What is critical is that this is part and parcel of a broader agenda of our government and, I hope, of this Parliament in terms of what we are doing to address the presence of digital platforms in our lives. We have Bill C-11 and we have Bill C-18. We are very committed to addressing online harms and online safety. In previous Parliaments we have addressed things like electoral advertising in online spaces.
Our commitment is to ensure that digital platforms that benefit from what they do in Canada and how they promote themselves or advertise in Canada, and that reap dollars from Canadian pockets, will also contribute back to Canadian communities and to the creation of Canadian content. That is a fundamental theme that informs all pieces of our legislation, and it will continue to do so.
Lisa Marie Barron NDP Nanaimo—Ladysmith, BC
Mr. Speaker, I thank the member for sharing his information around the importance of us having Canadian stories at the forefront. I would be remiss if I did not quickly mention something applicable to the bill.
This April, Vancouver Island's annual film festival will be kicking off again. Last year, the then festival director Hilary Eastmure was talking to The Discourse, which is a local media outlet, about the importance of this film festival. She talked about the importance of local film being seen alongside films around the world. She talked about the importance of “smaller stories” and how they “reveal something really intimate about people's daily lives and challenges that they face.” She talked about the directors in last year's film festival, including three Iranian directors, two of whom were women.
I am wondering if the member could share a bit about why he feels the Conservatives are continuing to fundraise on misinformation around Bill C-11, instead of putting forward sound solutions that could move us forward with protecting and supporting Canadian cultural content.