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 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.

Similar bills

C-10 (43rd Parliament, 2nd session) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)
C-11 (2013) Priority Hiring for Injured Veterans Act

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-11, the Online Streaming Act, aims to modernize the Broadcasting Act to include online streaming services, ensuring they contribute to the creation and discoverability of Canadian content, reflecting Canada's diverse communities and linguistic duality. The bill seeks to level the playing field between traditional broadcasters and online platforms by requiring streaming services to support Canadian content financially and through discoverability measures. The legislation aims to support Canadian artists, creators, and the cultural sector while protecting freedom of expression.

Liberal

  • Modernizing broadcasting act: The Liberal Party is reintroducing reforms to the Broadcasting Act to modernize it for the digital age and support Canadian content creation. The aim is to update the act so that it continues to serve Canadians in an increasingly digital age, noting the last amendment was in 1991.
  • Supporting diversity and inclusion: Bill C-11 aims to ensure greater representation in entertainment media for minority communities, including francophones, Indigenous peoples, LGBTQ+ persons, and persons with disabilities. The legislation will make it possible for minority communities to be better seen and heard in digital media.
  • Economic benefits to Canada: The bill aims to reverse a concerning trend of decreasing Canadian television content production and projects that it could benefit Canada's cultural production ecosystem by more than $1 billion annually. The updates would ensure that regulations can evolve alongside the industry, rather than chasing to keep up.
  • No regulation of the internet: The Liberal speakers emphasized that Bill C-11 would not regulate the internet or control what Canadians view online, but rather regulate foreign streaming companies and domestic ones. The bill would ensure that traditional broadcasters, streaming platforms, and Canadian artists are backed and supported.

Conservative

  • Against Bill C-11: The Conservative party is against Bill C-11, arguing it infringes on freedom of speech and gives the CRTC excessive powers to regulate online content, leading to censorship and government overreach.
  • Lack of transparency: The Conservatives criticize the Liberal government for limiting debate and rushing the bill through Parliament, bypassing standard procedures and restricting the ability of MPs and Canadians to scrutinize and provide input on the legislation.
  • Harm to content creators: The Conservatives argue that Bill C-11 will negatively impact Canadian digital content creators, burdening them with regulations, potentially reducing their visibility, and allowing the government to pick winners and losers in the digital space.
  • Broad and vague powers: Conservatives express concern over the broad powers granted to the CRTC by the bill, including the ability to regulate content based on vague criteria and to create regulations on matters it deems necessary, leading to uncertainty and potential abuses of power.

NDP

  • Supports bill C-11: The NDP supports Bill C-11, viewing it as essential and long overdue legislation that will modernize the funding ecosystem for Canadian artistic and cultural content. They believe it addresses a broken and unbalanced system that penalizes creators while allowing web giants to profit without contributing.
  • Level playing field: The NDP aims to level the playing field by requiring online broadcasters, like Netflix and YouTube, to contribute financially to Canadian content creation, similar to traditional cable companies. This measure is intended to restore balance, inject money into the industry, and support creators more effectively.
  • Successful amendments: The NDP successfully introduced amendments to improve Bill C-11, including clarifying the mandate of Radio-Canada International, increasing support for Indigenous productions, and strengthening measures for marginalized groups like racialized people and people with disabilities. They also advocated for enhanced support for community television and radio, as well as greater protection for local jobs and intellectual property.
  • Conservative obstruction: The NDP criticized the Conservative Party's handling of the bill, accusing them of filibustering in committee, blocking witnesses, and obstructing improvements to the legislation. They contrasted this with the NDP's approach of working to improve the bill and secure positive outcomes for Canadians.

Bloc

  • Supports bill C-11: The Bloc Québécois supports Bill C-11 because it is time to pass this bill that our cultural and broadcasting industries have awaited for such a long time, since the Broadcasting Act has not been updated since 1991.
  • Importance of original French content: The Bloc Québécois emphasizes the importance of protecting original French language programs and ensuring that broadcasting companies produce original content in French, as opposed to simply dubbing content into French.
  • Discoverability of Canadian content: The Bloc supports the discoverability of local content on broadcasting platforms to ensure that it is promoted, easy to find, and available, because they were elected to protect the interests of Quebec voters, not multinational corporations.
  • Sunset clause: The Bloc supports the inclusion of a sunset clause that requires a review of the Broadcasting Act every five years, allowing for necessary amendments and adjustments to be made in a timely manner.
  • Web giants contribution: The Bloc feels that foreign companies should hire Canadian and Quebec human resources, creative resources and talent as much as possible, and that the Canadian government is letting them walk all over it.

Green

  • Bill is needed, but flawed: The Green Party acknowledges the need to modernize the Broadcasting Act, but believes that Bill C-11 contains vague language and contradictions. They are also concerned about provisions that could allow for the regulation of user-generated content.
  • Supports bill despite concerns: One Green Party member will vote in favor of the bill. Acknowledging the issues they will support it to address the economic imbalance faced by Canadian artists due to the rise of digital broadcasters.
  • Economic disparity for artists: The party highlights the reduced economic status of Canadian musicians and creators compared to those in the U.S. due to the rise of digital broadcasting. The need for the Broadcasting Act to promote Canadian creators within Canada and overseas is emphasized.
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Online Streaming ActGovernment Orders

June 20th, 2022 / 8:40 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, can the NDP House leader confirm that he agreed with the government to extend hours without the constitutional requirement of—

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:40 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

I remind the member that this has been dealt with. As the Chair has previously pointed out, the motion adopted on May 2 simply states that a minister must have the agreement of another House leader. It does not require that the parties to the agreement communicate it to the House. In making the request, the minister implicitly acknowledged that there is an agreement. There is a long-standing principle that we take a member at their word. There is therefore no reason to doubt the existence of an agreement at this time.

Is there a question for the hon. member?

The hon. member for New Westminster—Burnaby has a point of order.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I am pleased to answer the question. Of course, we want to sit here until midnight and work. We are here—

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

I ruled that there is no answering the question.

The hon. member for Mississauga—Malton.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

Liberal

Iqwinder Gaheer Liberal Mississauga—Malton, ON

Madam Speaker, I welcome my colleague's support for this bill. It explicitly excludes all user-created content on social media platforms and streaming services. These exclusions mean that experiences for users creating, posting and interacting with other user-generated content will not be impacted whatsoever.

I would like to ask my hon. colleague what he thinks of the Conservatives, who have been misleading Canadians regarding this bill.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I thank my colleague for his question. I am going to fully answer the previous question, though, for the minute that I am given, because I think it is important. Why—

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

I am going to interrupt the hon. member. I did rule on this. There is no need to answer any question, because it has been ruled on by the Speaker.

I would like the hon. member to please answer the question from the hon. member for Mississauga—Malton.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, yes, we wanted to sit until midnight. Yes, I approved it.

On the other question on the importance of how—

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The hon. member for Calgary Centre has a point of order.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, when my colleague asked a question, you ruled her out of order and then there was no follow-up question. Now you have ruled the member opposite out of order for responding in the manner he did, yet he is still answering the question.

I suggest, if you are treating the two sides equally, that he should stand down and we should get to the next question, please.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The hon. member for Calgary Centre has a point. I ruled that there would be no answer to the question. The object of this is to debate the bill. The hon. member for Mississauga—Malton has asked a specific question on the bill and I would like the hon. member to perhaps withdraw the answer.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I will withdraw it and answer the second question, which of course is a good one.

The Conservatives have been wild in their disinformation on this issue, and unbelievably so. I thought at first it was because members had not read the bill. Then I realized something. We were giving answers in the House about these things and the minister, of course, was responding, and members of the committee who had read the bill were responding. I realized then that this was not about reading the bill or understanding the bill. It was really about talking to a very narrow base that they want to misinform.

I imagine they were fundraising off of it. I imagine that is why they were being so wildly and deliberately inaccurate. However, I find it sad in a parliamentary context. As members of Parliament, we have a responsibility to get the information and deliver to Canadians information that is accurate. The Conservatives have failed now for months to do that in some areas, particularly most egregiously around Bill C-11, where the disinformation is so unbelievably bad that—

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Questions and comments, the hon. member for Calgary Centre.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, I sometimes like listening to the member when he gives a speech. I thank him for his speech here, but it was really about criticizing Her Majesty's loyal opposition for its role in trying to point out what might be deficiencies in this bill. Some of those deficiencies are fairly obvious.

I can tell the member that I have received more requests from constituents of mine, who have read the bill, regarding what is wrong with it, including on things like exceptions, exemptions, exemptions to exceptions and all kinds of language. There is nothing here that lets people really understand how things will be ruled on going forward.

As opposed to trying to blame Her Majesty's official opposition and saying to look at the bill itself, can we hear what the member has to say about what is good about this bill? So far, he has given us nothing that is good about this bill.

Online Streaming ActGovernment Orders

June 20th, 2022 / 8:45 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, that is wild disinformation again. I spoke for 20 minutes, and 17 and a half of those minutes were on the bill itself and the NDP amendments. That is wild disinformation. The Conservatives cannot even calculate with a stopwatch, when 17 and a half minutes are given to what is good in the bill and the amendments that the NDP brought forward. I even talked about confidence and supply.

Yes, I took a couple minutes to talk about what was deplorable conduct from the Conservatives, and there is simply no way to excuse it. What the Conservatives did in blocking witnesses from answering questions and blocking people from getting information was simply deplorable. That does not even make sense. I cannot understand why the Conservatives acted the way they did.

There are many good things in the bill, which is why almost all of my speech, which did last 20 minutes, was on both the importance of the bill and the importance of the significant NDP amendments that have improved this bill.