Bill C-11 (Historical)

Online Streaming Act

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

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) 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.

Online Streaming Act

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I have a lot of questions about what we have been hearing from the Liberal side today.

Let us forget about Bill C‑11 for a second, because I think our colleague has set the record straight. He reminded us that it was actually the Bloc Québécois that proposed fast-tracking it two years ago because of a likely election, meaning the session would end.

There has been talk equating being in favour of proposed legislation with being in favour of using a gag order to get it done. I am very concerned about that. We are talking about rights and freedom of speech. I am also concerned about the rights of parliamentarians. We represent the people.

The fact that some are equating the two is concerning to me. Should gag orders be the norm? I believe that is what is being suggested.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I did not think that we would make it to this point. Sometimes when we are expecting a quiet day, we realize that there can be a lot of excitement in the House.

I want to begin by saying that I will be sharing my time with my very entertaining colleague from Longueuil—Saint-Hubert, which means things will be relatively calm and composed for the first ten minutes and then they should get a bit more exciting once he takes the floor.

To begin, I would like to say that I am not exactly disappointed we are approaching the end of our study of Bill C-11. We are considering the amendments proposed by the Senate. I suggest that members mark the date on their calendar because, as a Bloc Québécois member, I commend the thoroughness of the work done by certain senators. I know that some of them really took to heart their task of proposing amendments and improving a bill that, I admit, could still use some tweaking. I would like to acknowledge the dedication of those who took the work seriously and tried to change things by returning a document that they believe is better. There is a reason why the government accepted a great many of the proposed amendments in its response. The amendments passed the test and will appear in the final version the House returns to the Senate. I commend this work.

I also want to acknowledge the work of all the members of Parliament who worked on Bill C-11, formerly Bill C-10. I would remind members that the bill was introduced in November 2020. That was quite a while ago. When the bill was introduced, the cultural industry and the Quebec and Canadian broadcasting system had already been awaiting it for decades. The Broadcasting Act had not been updated since the early 1990s.

I already mentioned I was working in radio back then. At the time, we had cassettes that we inserted in cassette players. We played CDs, and some stations still played vinyl records. Young people can do an online search to see what a vinyl record looks like. All this to say that, today, we no longer know what the equipment looked like, given how much the industry has changed. The technology, recording methods and ways of producing and consuming culture have changed in surprising and unexpected ways over the past three decades. There is no reason to believe things will be any different in the next three decades. That is why we need to implement a flexible broadcasting law that can handle the technological changes we will see in the years to come.

Today there is a lot of talk about artificial intelligence, and we are already questioning that technology because we are concerned about where it will lead. We do not know what broadcasting will look like in the coming years. That is why we need to implement a flexible broadcasting law that can adjust to change.

One of the Bloc Québécois's proposals was retained by the Standing Committee on Canadian Heritage and found its way into the version of Bill C‑11 we are currently studying. It was the proposal that we should not have to wait another 30 years to revise the new act. It is a sunset clause. Every five years, we will be required to reopen the act and see whether it is still sufficiently up to date. I think that it is a responsible and intelligent provision that will make us do our job properly.

Every time I have spoken about Bill C-11, the underlying concern has always been Canadian culture. Francophone Quebec culture is what really matters to the Bloc Québécois, but we did not limit ourselves to proposing amendments and improvements to Bill C‑11 just for the benefit of Quebec culture. Of course, that is what is most important to us, since it is in our nature, but our proposals to promote Quebec culture will have an impact on all French-speaking Canadians.

We stood up for francophones across Canada, and everyone will benefit. The Bloc Québécois made substantial improvements to Bill C‑11. Thanks to these improvements, consumers will be able to find content produced by Quebec creators, artists, singers and songwriters on digital broadcasting platforms, just like they hear it on the radio. They will also see our talented creators' work on video streaming platforms such as Netflix and Disney+.

That is huge, because right now, we are under-represented on those platforms.

There is a lot of disinformation circulating around the concept of discoverability. The Conservatives came up with this idea that web giants would be required to tinker with their algorithms in order to force Quebeckers and Canadians to watch one type of content rather than another, or to stop them from watching one type of content rather than another. I do not understand how Quebeckers and Canadians could swallow such claptrap.

That is not at all what these regulations will do. What they will do is showcase our culture, our industry that generates billions of dollars annually. This will enable it to keep thriving in this new realm, which will also continue to evolve. We need to make room for our culture.

Discoverability is not a matter of imposing content on people, but of making content available. Take the playlist of someone who listens to Bryan Adams. I may be showing my age with that example. Perhaps I should have said Justin Bieber. Why not show that person some francophone artists? They are only suggestions. This is just about suggesting that culture. That is all.

Right now, the cultural industry is losing millions of dollars a month because there are no regulations requiring web giants to contribute the same way broadcasters and cable companies have contributed in the past. In addition to the tens of millions of dollars in lost advertising revenue, there are also tens of millions of dollars in royalties that artists are not receiving.

That is what Bill C-11 will fix. It will force web giants to follow the same rules as traditional broadcasters. I do not see how anyone can be against making billion-dollar companies like Netflix, Apple TV+, Disney+, Amazon Prime Video, Spotify, YouTube and Apple Music contribute to the industry they are making their money off of.

This industry is not just made up of CEOs and big-shot producers. There are also people like self-employed cultural workers, film crew and recording studio producers. Many of them left the industry because they knew that it would take time for things to get back to the way they used to be, especially because of the pandemic. If, on top of that, we do not enact regulations to promote investment in the sector, they will never return, and we will lose an incredible valuable resource.

Remember, I am talking about hundreds of thousands of jobs in Quebec and Canada. Culture and broadcasting represent billions of dollars in revenue. To me, it is a no-brainer that those who benefit should also contribute.

We are finally approaching the end of our study. We will be sending our response to the Senate. I hope that the senators will waste no time doing what we expect them to do, that is, ratify what is coming so that the web giants have to contribute and that our cultural industry can prosper and continue to show the world what it means to be a Quebecker or a Canadian.

Our culture is not American, Chinese or European. We have our very own culture, and it is up to us to protect and showcase it. That is what this bill is all about.

The House resumed consideration of Motion No. 2 in relation to the amendments made by the Senate to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, and of the amendment.

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I listened to the speech of the member for Winnipeg North maybe a little more intently today than I have in the past. He claims in his comments that this will not limit individual content created.

On Twitter, a couple of days ago, Mr. Michael Geist said, in response to a previous intervention from this member, that the member “is just plainly wrong. Independent Senators, former CRTC chair, and many experts all agreed: Bill C-11 gives the CRTC the power to establish certain regulations involving user content. The Senate tried to fix. [The minister] rejected it.”

Cody from my riding is an indigenous entrepreneur from Flying Dust First Nation, and he shared with me that his very successful business is going to be unfairly impacted by Bill C-11, unless this is changed. That is because of the way the online marketing and social media algorithms to grow his business across Canada and the United States would be affected.

Why would Cody believe this member, who has a very partisan interest, instead of the former head of the CRTC, who has nothing to gain from this?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member raised a couple of important points.

One is the issue of Canadian content, and let there be absolutely no doubt that Canadian content would be dramatically and positively impacted as a result of Bill C-11 and its passage.

The other point is about the member's reference to his own constituency and the $18 million. I think people underestimate the size of the industry, which, for all intents and purposes, is being developed and growing virtually in all regions of our country. We are talking about an industry that has so much potential, and that is one of the reasons why it is so very important that we pass this legislation.

In a minority situation, the government needs to have at least a partner to pass legislation, and I am grateful that the NDP has chosen to support this legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, if my memory is correct, I understand that the Quebec legislature has actually passed unanimous motions in support of Bill C-11. I believe that to be the case; I could be wrong. At the end of the day, there is no doubt that within Quebec there is widespread support for the legislation. The minister, no doubt, will continue to work with the province very closely, as he has in the past.

At the beginning of my comments today, I made reference to my surprise that the Bloc did not support closure. Thankfully, the NDP did; otherwise, there is a very good chance that this legislation would never pass the House of Commons, because the Conservatives' intent is not to allow the legislation to pass. They have made that amply clear to us.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I must say that I listened with great interest to the beginning of my colleague's speech. I soon lost interest, because it was redundant. It was just another empty speech that meant nothing and went nowhere. All it did was lay blame and point fingers.

This is from a member who spends all his time wearing out his seat here in the House of Commons and very little time doing something, anything, to help advance bills in committee. I found it a bit rich to be accused of delaying or obstructing the progress of Bill C-11. The Bloc Québécois is the party that has probably done the most to advance and improve this bill to ensure it reflects the reality of francophones in this country. The member for Winnipeg North has some nerve, to say that the Bloc is stalling the bill. That is nothing short of insulting.

Quebec made some requests under very exigent circumstances. I will, however, ask my colleague a polite question, because we try to remain as civilized as possible in the House. Quebec asked to be consulted as soon as any regulations affecting Quebec broadcasting or francophone cultural content are developed. There has not yet been any response from the government. We are preparing to vote on Bill C-11 this evening under a closure motion. The Bloc will vote in favour of the bill, but there is still some work to be done.

What will the government do to respond to Quebec's legitimate requests?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, every time someone disagrees with the government, its members call them on integrity, where integrity really is not a favourable commodity on that side, since they took office in 2015. The hon. member is really calling on the fact that the bill is so good that Canadians will never have had it better. Now, there are so many voices around Canada, some professionals and some academics, that disagree with his claim about the guarantee he is giving Canadians about how good Bill C-11 is. What would he tell these people about how much concern they have for a bill that has been going back and forth in this House for so long? That tells us a lot about how bad the bill is and how bad and dangerous it would be for Canadians.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I trust the time spent on the point of order will be deducted from my speaking time on the issue.

Bill C-11 is in fact relevant, because the Conservative Party is refusing to pass it when the government has a restricted amount of time to debate its agenda and show leadership, which is what Canadians expect of the government. Conservatives might not care about what Canadians have to say, but this is a government that does care. When we are dealing with the agenda of the House of Commons and Bill C-11, there is an expectation that they will at least recognize that, although we are in a minority situation, the official opposition has a responsibility to behave in a responsible fashion and recognize that there has been ample debate on the issue.

This is legislation that makes a difference. Specifically, it will bring online streaming services under the jurisdiction of the Broadcasting Act.

I made reference to the Broadcasting Act in a question I had posed a bit earlier. Things have changed. The last time there was any significant change made to the Broadcasting Act was in the early nineties, when Netflix, Disney+ and Crave did not exist. This legislation levels the playing field. Why should the mainstream CTVs and CBCs, whether with respect to radio or television, have to comply with CanCon, but those other platforms do not?

There is this thing called the Internet, which has changed the dynamic. If we look back at 1991, and then look 30 years later, many technological changes have taken place. I say that to emphasize to my Conservative friends that they should be living in the real world and should understand that because of those changes there is a need to modernize the legislation. That is what this bill does. It levels the playing field and modernizes the Broadcasting Act to ensure that Canadian content is available on the Internet in a very selective way. However, what it does not do is what the Conservatives are telling Canadians.

This is interesting. On Monday, I was speaking on the legislation and talking about the misinformation the Conservative Party continues to put on the record here in the House and also tells Canadians. When I commented on how the freedoms of Canadians would not be limited in any way whatsoever by Bill C-11, this is what the Conservative critic had to say.

Immediately following the comments I made, the member for Lethbridge stated:

There is nothing progressive about censorship. That is exactly what this bill is about. It is about censoring Canadians and what they can see, hear and post online. It is about censoring artists, whether they have access to an audience and to what extent that access is granted.

Let me give a clear indication of some of the comments that I made. I said, just before she spoke, talking about what is actually in the legislation, that Conservatives have to stop spreading misinformation, whether it is in the chamber or publicly.

I said that this bill would not “impose regulations on the content that everyday Canadians post on social media...impose regulations on Canadian digital content creators, influencers or users.”

Here is a big one. I said this to the member, who was listening attentively, because she was going to be speaking right after me: “It would not censor content or mandate specific algorithms on streaming services or social media platforms” or, and here is where I would like to underline it, “limit Canadians' freedom of expression in any way, shape or form.”

How much clearer can we be? Yet the member stands in her place and gives this misinformation.

One has to ask: why? What is the motivation of the Conservative Party? It is definitely not in the best interests of Canadians, I will say.

If it were in the best interests of Canadians, I suspect that Conservatives would approach Bill C-11 with, at the very least, a little bit more integrity and honesty. I suspect that one would see more sympathy toward our artists and creators and a basic understanding of the importance of modernizing the legislation. I would suggest that the Conservative Party is not doing what is in the interests of Canadians.

The Conservatives are appealing to that far right group of people from whom they are hoping to raise money. They are using this legislation as a fundraising tool. They are saying that it is about freedom, that the government is going to take away one's freedom, that it does not believe in freedom of speech and it is going to prevent people from uploading wonderful videos of their cat or dog or all of these wonderful things in their community.

They are telling Canadians that the Government of Canada is going to limit their freedoms and the only way to prevent that is to donate $5, $100 or $500 to the Conservative Party of Canada. That is their motivation. It is more about how they can use this to ratchet up the rhetoric to generate funds and to get people angry.

That is what this legislation is really about, according to the Conservative agenda. It is not about what is in the interests of the industry.

That is why I was so surprised with the behaviour of the Bloc today. In talking about the legislation, the Bloc has been fairly clear. It talks about how the industry, Canadian content, is so critically important.

If one has a love for the French language and wants to recognize Canada as a multicultural society and wants to see our heritage reflected as much as possible, through all forms of media, this is the type of legislation one should be getting behind, because it promotes French. It promotes Canadian culture and heritage. It puts in place more opportunities for Canadian artists, whether they are from my home province of Manitoba, the province of Quebec or any other jurisdiction.

We have some amazing talent in every region of our country. This legislation is going to support and enhance those opportunities for those Canadians to share that talent and to make a better living off those talents.

This bill would create opportunities for more employment in our communities. There are industries that are very much alive today as a direct result of policies like the Broadcasting Act and organizations like the CRTC that contribute to our heritage. We can follow the discussions and look at what is being said inside the chamber. The NDP; the Bloc, half-heartedly; and obviously the government have recognized the true value of the arts community in making up our identity and contributing in so many ways to our society.

I made reference just yesterday, or the day before, to Folklorama in Winnipeg. For that young artist who is provided the opportunity to perform in Folklorama in Winnipeg two weeks every summer, it is a beautiful place. Every member of the House should be visiting Folklorama, and I often talk about it inside the chamber. That young individual will be rehearsing throughout the year. It becomes a part of their identity, because they have a dream of being an artist, whether it is a singer, an actor or a combination thereof. Legislation such as this will enhance future opportunities for Canadians from coast to coast to coast.

It is about levelling the playing field. It is about ensuring Canadian content, so there is a better reflection. I sure wish the Conservative Party would stop saying this, not only inside the House but more importantly outside the House. What the bill would not do is limit Canadians' freedom of expression in any way, shape or form. This is not a bill about freedom.

This is legislation that should have passed. It does not need to be thoroughly debated any more. We realize if we did not bring in closure on the legislation, the Conservative Party would continue to debate this legislation indefinitely. We would not be able to pass it in 2023 nor in all likelihood in 2024. That is the reason we have to bring in closure on this legislation.

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

Madam Speaker, I rise on a point of order. I would love to have a debate on the budget right now, but we are debating Bill C-11. It is a comprehensive bill. I hope the member will speak to it on his fifth, sixth or seventh iteration, as he speaks on it more than anyone else. I just hope he can stay on the subject a little longer before—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, a Conservative member across the way just said “hear, hear!”, supporting that it did not pass. The Bloc needs to realize that the Conservative Party of Canada does not want this bill to pass. The Conservatives believe it is about freedom. They believe it is about censorship. The Bloc, much like it has been conned in the past on issues in the budget, is being conned by the Conservatives once again on this legislation.

I have seen the Bloc vote in favour of time allocation, even for closure. Bloc members have said that if it is a priority for the Bloc or a priority for Quebec, they will vote for it, as it is a benefit to Quebec. How does the province of Quebec benefit from allowing the Conservative Party to debate this bill endlessly? The Conservatives have made it very clear that they do not want the legislation to pass.

The only members of Parliament from the province of Quebec standing up for the passage of Bill C-11 are in the Liberal caucus, with one member from the NDP. I was surprised at the manner in which the Bloc chose to vote today.

Nothing has changed from the government's perspective. From the government's perspective, this is important legislation. It has been thoroughly debated. We are talking about hours and hours of debate. The bill has seen record amounts of debate in the Senate too.

This bill has gone through first reading, debates at second reading and debates, discussions, questions, answers and amendments at the committee stage. Then it came back to the House for report stage and third reading, and again there were debates. It was then sent to the Senate. The Senate had debate, it went to committee and they came up with a number of amendments. The Minister of Health made reference to the fact that we are talking about a historic number of hours. It is one of those bills that, considering the history of the Senate, has had so much discussion.

I want to highlight the fact that the Senate took its time in going through the legislation and looking at ways to add strength to it. Most of the amendments being proposed by the Senate to make changes after the efforts it put into the legislation are in fact being adopted by the government.

The bill had thorough discussions, debates and amendments, both in the Senate and in the House of Commons. However, because changes were made in the Senate, there was a need for us to bring forward the legislation once again in the House of Commons.

Let us look at the debate that started just the other day. The Conservatives are making it very clear that they are not going to allow the bill to move forward, because they have more members who would like to speak to the legislation. They have gone out of their way to prevent this legislation from passing, even with all the debate, questions and amendments that have gone forward.

Canadians have priorities that are reflected in the types of things the government is doing. The budget was just released yesterday, and we all have things we like about it. I like the fact that we have a grocery rebate. We are providing an opportunity for Canadians to get relief from inflation by providing them support and giving them more money in their pockets so they can deal with the cost of groceries. These are the types of debates we should be having inside the chamber.

In the budget yesterday we talked about a dental plan, and ensuring it will be there. If we look Bill C-11—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the Bloc should be uncomfortable about this. Had the Bloc's will prevailed, we would not have had closure on Bill C-11.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I rise on a point of order. My colleague from Winnipeg North, who just started his speech, is speaking as if we were still debating the closure motion.

I simply want to tell the member that we just voted on the closure motion. We can now talk about Bill C-11, which is before us today. The vote is over, and there is no need to insist on the subject.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, what a pleasure it is to rise again on important legislation that in essence sets the framework of where we need to go to support our creators and artists from coast to coast to coast.

Before I get into the substance of the legislation, I want to provide a commentary on my disappointment in the Bloc. Bloc members like to talk about how they believe in culture and heritage and how they want to protect the interests of the arts community in the province of Quebec. However, the only members of Parliament from Quebec whom I saw stand up today to ensure this bill passed were the Liberal members of Parliament and one NDP member of Parliament. Whether they were Bloc or Conservative members of Parliament from the province of Quebec, they sent a message that they do not support the passage of Bill C-11.

Let us be very clear. Conservative Party members have said they do not want to pass Bill C-11. They have been crystal clear on that.

The House resumed from March 27 consideration of Motion No. 2 in relation to the amendments made by the Senate to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, and of the amendment.