Bill C-11

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

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, with respect to discoverability and unique Quebec or Canadian content, it is indeed our duty and responsibility to protect that content. Big American and foreign digital broadcasters do not care about that because they swim in a big ocean and can go everywhere. Things are going great for them.

In our case, however, we are distinct—if I may use that word—and we have to protect ourselves. To do that, we have to demand the visibility we are entitled to, at least on our own territory. That is why I think the discoverability piece is a crucial obligation we have to impose on these corporations.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, one of the most important points I heard was how important Canadian content is and how important it is that we do not see content that continues to perpetuate stereotypes, but really broadens the Canadian experience. With a lot of folks in the work I do, I have to bring their attention to our content creators. I know that web giants are using every loophole to get out of paying taxes in our country and making sure our Canadian content is boosted.

I am wondering if the member could talk about how important discoverability is and how this bill would address that issue and bring forward Canadian content producers, so that all of us can hear the wealth of Canadian stories.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I think my colleague raises an excellent point. There are cultural gems and treasures just waiting to be discovered in Quebec and all over Canada. We have to give opportunities to these small communities, to these unique and distinct cultural groups, to the entire spectrum that makes up this wonderful country and this wonderful nation of Quebec—until it becomes a wonderful country in its own right.

What I would say here is kind of like what I said to the other member just now. It is our duty to protect these treasures and give them their rightful place in our system. If these foreign players come play in our yard, it is up to us to make the rules of the game. Again, the content discoverability piece is absolutely crucial. It is essential to the survival of our culture and our identity, and it is the only way we can put an end to the awful stereotypes I talked about in my speech.

[René Villemure, Bloc, Trois-Rivières, QC]

Madam Speaker, I thank my colleague for his eloquent speech on culture. That is something we do not hear often enough within these walls.

I also liked that he talked about freedom of expression, not in terms of censorship, but rather in terms of the need for artists to express themselves. To do that, they have to be able to earn a living, so it is another form of freedom of expression.

I would like to know whether, in terms of revenue or discoverability, artists should rely on the web giants or rather on us, on the government.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I would like us to be able to rely on the goodwill of digital companies. I would like them to show us that they do indeed care about the cultural specificity and the specific characteristics of Quebec and Canadian content. Unfortunately, that is not the case.

I think the government has to establish some ground rules and enforce them so that artists can express themselves. As my colleague said about freedom of expression, there has to be a playing field to apply it and express it.

I think that it is up to Parliament to set some guidelines, at the very least. An organization, the CRTC, will then make regulations on the details. The government certainly has a key role to play in the discoverability of content and in the expression of artists in various media.

[Tim Louis, Liberal, Kitchener—Conestoga, ON]

Madam Speaker, my colleague and I sit on the heritage committee together and work well on protecting our cultural sovereignty. One of the things that I am proud about in Canada is that we have two official languages.

I was wondering if the member opposite can share with us the importance of the bill on online streaming in protecting and supporting artists in both official languages.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I thank my colleague from Kitchener—Conestoga for his question. Following our discussion this afternoon, I thought he might ask his question in French, but maybe next time.

Amendments were debated and voted on last year when the House was studying Bill C‑10. I was pleasantly surprised to see those amendments as clauses here in Bill C‑11.

There are indeed provisions designed to promote the use of official languages by broadcasters, online or otherwise. It is indeed very important to promote minority cultural communities and indigenous cultures. In fact, I am absolutely delighted to see that the latter are becoming much easier to discover in various media and it is well worth doing so.

That is yet another example of why it is so important for us to make the rules ourselves and apply them to foreign companies with a digital presence here.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I thank my colleague for his speech, which I really enjoyed. I especially liked the bit about quotas. When I was a little younger, hearing the same two or three songs by Ariane Moffatt and the Cowboys Fringants on the radio over and over bugged me even though I love those artists. Fortunately, time and musical diversity have granted us an appreciation for those kinds of quotas.

This might be more of a comment than a question. I would like to take a moment to recognize my colleague's work on this bill, especially its previous incarnation in the last Parliament as Bill C‑10. Since our election in 2019, I have rarely seen such a tremendous amount of work go into making sure the Bloc Québécois's amendments are in the new version of the bill, so I wanted to take a moment to congratulate my dear colleague.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I did not hear a question, but I thank my colleague for her comments and will expand on them. She named some artists who became popular thanks to the quotas that were imposed many years before their time, when I was just starting out in radio.

That is fantastic. Ariane Moffatt, who is considered a veteran today, was a newcomer when I was just about at the end of my radio career. I think that makes an argument for the value of this bill and its many incentives for promoting our content.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, as I join colleagues today from the national capital region, I respectfully acknowledge that the land on which I am located today is the traditional ancestral and unceded territory of the Algonquin Anishinabe people.

The online streaming act is about updating the Canadian broadcasting system so that it better reflects our current environment. Our environment has changed drastically over the years since the last time our Broadcasting Act had any major reform back in 1991.

Although much of the discussion has centred on technological shifts over the last 30 years, today I want to focus our attention on the concerns and achievements and priorities of indigenous peoples with respect to broadcasting. Updating the act is necessary to affirm the important place that indigenous peoples have within the sector. We need to ensure space for indigenous voices, indigenous stories and indigenous sovereignty in the broadcasting system. So much has been achieved in the broadcasting and audiovisual sectors by indigenous peoples in Canada in the past 30 years.

The Aboriginal Peoples Television Network was founded in 1999 and recently launched its digital platform, APTN Lumi. ImagineNATIVE launched in 2000 and now is the world's largest indigenous media and arts festival. The Indigenous Screen Office was founded in 2017 and has quickly become an integral part of Canada's audiovisual sector. Canada's first national Inuktitut television channel, Uvagut TV, launched in January 2021, and helps to promote and revitalize Inuit cultures and languages.

Let us take a moment to recognize the accomplishments of indigenous broadcasters, of indigenous creators and storytellers. Let us build on that as a strong foundation.

There is no doubt in my mind that the online streaming act can support greater diversity, authentic representation and narrative sovereignty for indigenous peoples in Canada. Music and video are powerful media for shaping culture and changing opinions. Historical representations of first nations, Métis and Inuit people in the audiovisual sectors have reinforced racist notions toward indigenous peoples and have stifled their voices. It is now essential that the amendments to this bill advance narrative sovereignty for indigenous screen-based storytellers and support opportunities for indigenous persons working in this sector. These changes will ensure that indigenous peoples will see more of themselves reflected on screen and will support indigenous peoples in their efforts to revitalize indigenous languages and cultures.

We hear that indigenous communities desire ownership and control of cultural content. We understand the importance of self-determination for indigenous peoples in Canada in not just seeing themselves on screen but in participating in the creation of songs and stories that are shared within Canada and across the world. Modernizing this legislation is an important first step in our shared path toward a more modern, more vibrant, more inclusive broadcasting system in Canada.

This bill intends to further support indigenous peoples in the broadcasting system. Many indigenous peoples rely on oral history and community transfer of knowledge, language and traditions. Broadcasting can assist that through the preservation of indigenous perspectives. Broadcasting is an education tool that can help break down stereotypes and advance reconciliation between indigenous and non-indigenous peoples. I imagine the tremendous benefits to Canadian society if indigenous voices are enhanced.

We created space for discussion. We listened with interest. The following key messages are what we heard: Indigenous storytelling, content creation and narrative sovereignty are important. Representation of indigenous peoples and the diversity of interests among first nations, Métis and Inuit is vital. The online streaming act follows on the path of ensuring that indigenous peoples can tell their stories from their perspectives and find content in the broadcasting system that reflects their lives and their experiences.

The act creates space for programming that reflects indigenous cultures and indigenous languages. It specifically states that the Canadian broadcasting system should “provide opportunities to Indigenous persons to produce programming in Indigenous languages, English or French, or in any combination of them, and to carry on broadcasting undertakings”.

It states, “programming that reflects the Indigenous cultures of Canada and programming that is in Indigenous languages should be provided”. This policy statement is now no longer qualified by the words “as resources become available”. This is as it should be.

The online streaming act will contribute to other activities designed to support indigenous peoples and culture. The government continues to work closely with the Indigenous Screen Office to empower communities and support Canada's diverse indigenous screen-based storytellers.

Indigenous artists and stakeholders have raised many concerns over the misuse and misappropriation of indigenous arts and cultural expressions. Historically, indigenous stories have been excluded from mainstream media and, if included, were mostly told from the perspective of non-indigenous people. Supporting indigenous creators through an indigenous-led funding mechanism ensures that decisions over funding allocations are made by indigenous decision-makers, helping to advance narrative sovereignty in the audiovisual sector.

With the announcement of $40.1 million over three years in budget 2021, the government is fully committed to supporting the Indigenous Screen Office as well as to providing additional ongoing funding so that more indigenous stories can be told and seen.

This bill would support indigenous creators so that they can tell their own stories in their own words, and it emphasizes the need for indigenous-run broadcasting services. The bill will contribute to fulfilling existing commitments through the United Nations Declaration of the Rights of Indigenous Peoples. The government is committed to take action through consultation and co-operation with indigenous peoples to take all measures necessary to ensure that the bill as introduced is consistent with the declaration, prepare and implement an action plan to achieve the declaration's objectives and table an annual report on the progress to align the bill and the action plan.

In addition, the government is committed to partner with first nations, Inuit and Métis people to implement the Truth and Reconciliation Commission's calls to action and to collaborate on the implementation of an action plan to respond to the calls for justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls.

As highlighted through these measures, broadcasting can play an important role in promoting and protecting indigenous languages, arts, cultures, traditions and perspectives that ensure that advancing reconciliation between indigenous peoples and non-indigenous peoples is continued and comes to a resolution. I am hopeful that the online streaming act will move us further along the path towards reconciliation.

Broadcasting plays an important role in making sure that all Canadians see themselves represented. It is a tool used for sharing information, making each other heard and listened to, while reminding us of our many origins and shared journey. It is the ability to shape culture, change opinions and point the way toward a better, more inclusive future.

The work does not end here. We are committed to continue listening to and speaking with indigenous peoples to ensure that their voices are heard and their stories are seen on screen. We are committed to meaningful partnerships and engagement with indigenous peoples to ensure the promotion and revitalization of indigenous cultures and languages. We are committed to ensuring a more inclusive space where that vital role of culture in the process of healing and reconciliation will be realized. Culture continues to play a role in the process of healing and reconciliation with indigenous peoples.

Indigenous cultures have been insufficiently reflected in our broadcasting system, which is a problem that the proposed online streaming act is trying to rectify. Culture is paramount to healing and reconciliation. It is at the core of understanding and moving forward together. I strongly urge the members of the House to support the online streaming act.

I would like to share my own personal experience with all of this. I immigrated to Canada when I was 12 years old. Throughout my youth, I did not really get to understand and appreciate the lived reality of indigenous peoples. It was not until I grew older that I actively sought to educate myself.

The best way for us to really include these cultures, to really try to actively reconcile with indigenous peoples here in Canada, through our online streaming is for us to make sure the way we are broadcasting and what we are broadcasting is inclusive, diverse and, most importantly, helps to shape the future of what we want our Canada to see.

We talk a lot about Canadian values. If we do not feel indigenous people are included in that, then we fail.

I will stop there as I believe I am out of time.

[The Speaker, Anthony Rota]

The hon. member will have eight minutes and 30 seconds coming to her when the debate starts again, and she can take up where she left off.

Pursuant to an order made earlier today, the House shall now resolve itself into committee of the whole to consider Motion No. 10 under government business.

The House resumed from February 28 consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Madam Speaker, before I begin, I am sharing my time with the hon. member for Hamilton Mountain.

Today, I used the Internet. This is not an extraordinary statement and it is not shocking to any of my colleagues, so why do I bother saying it at all? It is because we are here today as the government to advance Canadian interests through a forward-thinking digital policy agenda. By taking action and introducing legislation, we will ensure that the Internet remains an engine for innovation but also adapts to Canadian values.

However, when I did not use the Internet daily, it was 1991. Back then I was a little younger, in elementary school still, and there was an upstart comedy on TV called The Red Green Show making its debut. Coincidentally in 1991, that was also the time when the Broadcasting Act had its last major update. The time to modernize the act is now and time is of the essence. The online streaming act is part of this work. It would improve fairness in our broadcasting system. It would create sustainable funding for our cultural industries, and it would continue to support the livelihoods of Canadian artists and creators as well as enrich the lives of Canadians who want to see more of themselves on screen and in song.

The bill addresses an important regulatory imbalance by requiring online audio and video broadcasting services to contribute to the achievement of important cultural policy objectives in the same way that traditional broadcasters always have.

As early as the 1990s, concerns were raised about the potential for online streaming to disrupt the broadcasting sector. An early decision was made not to place requirements on online streaming services, then, to avoid stifling innovation, given the relative limited impact of those services at that time. Remember, broadcasting regulation only applies where there is a material impact on the broadcasting sector. Today, the rationale to exempt online players simply no longer stands.

Over the past decade, subscribers to online broadcasters have grown from 6% to 78% of Canadians. In the spring of 2021, surveys indicate that nearly 100% of millennials watched Internet videos. Even if we only focus on the last few years, the revenues of online video services have seen fast and substantial growth, while over the same period of time traditional broadcasters have seen steadily shrinking revenues.

The reason I bring this evidence to members' attention is to make it clear that the world of broadcasting has changed. We all know this. We regularly turn to online streaming services such as Netflix, Spotify, Crave and CBC Gem to access our music and television in addition to more traditional services like radio and cable. Times have changed. It has taken us over 20 years, but online streaming services are now the method through which a growing majority of Canadians access their content.

Some detractors of the bill have said that what we are putting forward will cause foreign players to withdraw from the market. What we have seen is the opposite. These platforms are here to stay and more are coming. Their libraries continue to grow and they are competing directly with regulated broadcasters for programming, audiences and advertising dollars. Let us take a look at a few examples of their impact.

Satellite and cable are losing subscribers to streaming services, while viewers seek out more economical online alternatives. Television stations like Corus, CTV and CBC have shut down transmitters over the last 10 years to cut costs. The broadcasting system is losing advertisers, revenues and audiences to online streaming services. There has been a drastic shift in Canada's broadcasting sector, which has directly impacted the level of support for Canadian programming and talent. Jobs are threatened. Continuing to regulate online and traditional broadcasters differently is not fair and it is not sustainable. It is putting the support system for Canadian stories and music at risk.

To explain how modernizing the act will create sustainable funding for our cultural industries, it is important to look back at the proven track record of innovation in our cultural sector and recall how transformative digital disruption has been for broadcasting in Canada. The support system that I am proud of, which has cultivated Canadian cultural works and supported innovation and talent in our audiovisual, music and sound recording sectors, is one we intentionally developed through policies, programs and legislation.

Let me remind members of the House how things were at the beginning of Canadian broadcasting. Radio and TV channels, as well as cable and satellite distribution companies, had to be Canadian owned and hold licences. They were allowed, and still are of course, to show foreign programs or carry American channels. In return for participating in Canada's broadcasting system and accessing our domestic market, they were required to fund, acquire or broadcast Canadian programs.

They are also required to make programs accessible to Canadians and contribute to the creation of Canadian programming, including in French. Over time, broadcasters' demand for Canadian programs increased. The system was working as intended and domestic creative industries flourished. Thousands of Canadians found careers in broadcasting as journalists, producers, actors, writers, directors, singers, lighting designers, makeup artists, set designers, showrunners and so much more. There was upskilling in Canada's cultural industries and investment in production clusters. We became known for our creative and technical talent.

Broadcasting plays a key role in supporting Canada's creative industry and evolving cultural identity. The Canadian broadcasting, film, video, music and sound recording sectors are also important economic drivers. They contribute about $14 billion to Canada's GDP and account for approximately 160,000 jobs. These figures point to a sector we can be proud of, not one we can take for granted.

We knew the day would come when the 1991 Broadcasting Act would no longer be sufficient. Unfortunately, that day has come and long passed. Unlike Red Green, we are not approaching this challenge with duct tape. The legislative process works. We have been working tirelessly with stakeholders, parliamentarians and Canadians to make the requested amendments to the previous act to get us to where we are today. We are fighting for the recognition and supports that our creative sectors need not only to survive but to thrive. Time, as I have said, is of the essence.

The online streaming act will build on the economic and social benefits of the Broadcasting Act. It is about ensuring the continued viability of the Canadian broadcasting system. It is also about ensuring our cultural sovereignty. We are home to innovation and emerging talent, and it is imperative that we support our creators and creative industries.

As an artifact of outdated legislation, online broadcasters are not required to support Canadian music and storytelling or any other broadcasting objective. As the revenues of traditional radio and television broadcasters stagnate and decline, so too will the level of support for Canadian music and stories and for the professional creators behind them. This is not right, and I know it is not consistent with a forward-looking digital agenda.

The proposed act would equip our broadcasting system to meet the known and immediate challenges of today and help brace for the challenges of tomorrow. The implications for the broadcasting system, which is the bulwark of Canadian cultural expression, are grave. Canadian broadcasters have responded by cutting costs, and that has a real impact on their services to Canadians, on their contribution to Canadian culture and on good, well-paying middle-class jobs.

As Canadians, we would be poorer for not seeing homegrown talent supported and more diversity on screen and in song. Who knows where Ryan Gosling would be today without Canadian television shows such as Road to Avonlea and Breaker High. Notable gem Degrassi High is on the verge of a third iteration. As a country, we have been intentional about supporting Canadian artists and programs. Without this, The Guess Who or Tegan and Sara could possibly have remained some of Canada's best kept secrets.

The breadth of voices within our borders is unparalleled. Our indigenous audiovisual storytellers, with the support of campaigns such as APTN's Speak with Pride, continue to push boundaries. Previous generations such as mine enjoyed shows like the Polka Dot Door.

[Mark Gerretsen]

Polkaroo.

[Chris Bittle, Liberal, St. Catharines, ON]

Madam Speaker, there is some excitement on the other side.

There was Mr. Dressup and, in French, Passe-Partout. We were collectively sitting at the edge of our seats watching Hockey Night in Canada and others enjoyed, late at night, The Kids in the Hall.

We are not alone. Countries around the world have moved to support their own culture, and we need to do the same thing. The online streaming act is not about picking winners over losers. It is about ensuring that our cultural sector will continue to grow. No matter how Canadians access their content, they should be able to see themselves in stories.

The 1991 Broadcasting Act got us here, and now the online streaming act will move us forward. Perhaps I am dating myself, but I will end with the motto of The Red Green Show's lodge: Quando omni flunkus moritati. It is mock Latin for “When all else fails, play dead." We will not play dead on this issue. We will take action on it.