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

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, the hon. member across the way talked about the importance of this piece of legislation and how it is going to expand diversity. He went on to say that Canadians deserve to “see themselves” in the stories that are being shared. What I find interesting is that this bill would allow the CRTC to regulate online creators. Now, the CRTC, the commission or governing body that will be responsible for making sure the bill is followed, is composed, interestingly enough, largely of white middle-aged men. In fact, there is only one woman on the leadership of the CRTC. Sorry, there is more than one woman, but only one non-white individual on the CRTC.

I am just wondering: Is this the type of diversity the member sees as needed in public broadcasting?

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

Madam Speaker, I would like to thank the hon. member for her interest in diversity and inclusion. However, with the bill and the changes we are putting forward, it is the platforms that have obligations, not the users. The Conservative Party, last time this bill came around, left our creators and artists behind. We are not going to make that mistake again. Platforms are in; users are out.

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Order. The question was asked and an answer was given.

The hon. member for Drummond.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I can see that some of my colleagues on the other side of the House still have some things to say.

I thank and commend my colleague from the Standing Committee on Canadian Heritage for his speech.

I completely agree with him. Quebec and Canada have had some massive success stories precisely because our broadcasting system promotes content created by Quebeckers and Canadians. Many artists have enjoyed successful careers in Quebec, in Canada and abroad because of the CRTC's broadcasting rules.

There are a lot of benefits, but there are also some pitfalls. One such pitfall that we hear about quite a bit is regulation of social media, and I think this aspect has been adequately addressed in Bill C‑11. The Minister of Canadian Heritage clearly stated that he did not want to regulate content generated by users, by the private individuals who use platforms like YouTube, TikTok and so on. These creators have, however, expressed some concerns about the wording of this bill in its current form.

Does my colleague think that we could review the wording of Bill C‑11 to satisfy and reassure these creators, who are becoming more and more of a presence in our broadcasting system?

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

Madam Speaker, I would like to thank the hon. member for his work on the heritage committee.

We are eager to see this bill before committee and to engage in discussion on how to make it better, ensuring its principles and what we and the minister have set out are met. There is room for amendments and room for discussion, and the proper place is in committee. We hope to see this bill quickly brought forward to the heritage committee.

[Matthew Green, NDP, Hamilton Centre, ON]

Madam Speaker, the web giants are using every possible loophole to circumvent our tax rules, the funding of Canadian cultural content and the visibility of the work done by artists and creators. The government has a responsibility to ensure that the bill does not contain such loopholes.

In the interests of transparency, does the government intend to make public the instructions to the CRTC to ensure that the web giants fulfill their obligations in spending, making Canadian content discoverable and disclosing their financial information to contribute to the development of our cultural content? When does it plan to send and disclose these instructions?

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

Madam Speaker, I do not think I have enough time for a response, but the goal is to make sure that broadcasters and online giants are on a level playing field. That is what we put forward, that is the goal of this legislation and that is what we hope to see moving forward.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, I am very proud of the incredible content that I can create and put out on social media. I am wondering if the parliamentary secretary can comment on whether or not the incredible content that I am able to put out on a daily basis will be impacted by this legislation.

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

Madam Speaker, I think it is members of the Conservative Party who usually provide that content for the hon. member, but I can assure him that if he puts any of his videos online and gets millions of hits, it will not be regulated by the CRTC.

[Lisa Hepfner, Liberal, Hamilton Mountain, ON]

Madam Speaker, I respectfully acknowledge the Anishinabe people here in the national capital region, located on the unceded traditional territory of the Algonquin nation.

Our government made a commitment to advance the interests of Canada and Canadians through a digital framework that ensures progress for everyone. This program includes measures that will make the Internet fairer and safer for all Canadians while ensuring that it remains a tool that fosters innovation.

I am grateful to have the opportunity to invite my colleagues to support the online streaming act introduced by the hon. member for Honoré-Mercier and Minister of Canadian Heritage.

Parliamentarians, stakeholders and industry players have rightly insisted that our Broadcasting Act, last updated in 1991, no longer adequately supports current or future Canadian creators. In that year, the top song in Canada was Bryan Adams's (Everything I Do) I Do It For You. Since 1991, the broadcasting industry has changed and shifted at an unprecedented pace, partially due to technological developments, but also because of COVID and its impacts on when, where and what content is consumed. In short, the status quo is not a situation that Canadian creators, producers, broadcasters or culture can accept.

For that reason, I would like to take a few minutes to explain why Canadian stories and music should be seen and heard, and why artists such as the Quebec group Bleu Jeans Bleu need a renewed regulatory framework to help them succeed in Canada and abroad.

The Broadcasting Act is a vital part of promoting Canada's cultural sovereignty. The Government of Canada continues to work to ensure that whatever the medium, Canadians will be able to see and hear their own stories, express their values and share their experiences with each other. The act is about harnessing the creativity of Canadians and leveraging the promise of technology.

Online streaming services now dominate the market around the world, and Canada is no exception. In Canada, these services have grown by leaps and bounds by providing their services across the country.

Platforms like Netflix, Disney+, Amazon Prime and others provide Canadian talent with a stage before global audiences. There is no doubt these platforms have made meaningful contributions to the support and promotion of Canadian creators, but there is more that could be done.

These platforms do not have the same responsibilities as traditional broadcasters under the law. For example, these services are not required to support Canadian music and storytelling and other essential objectives of broadcasting in Canada. That is a problem.

Canadian voices and perspectives are unique. Our country's diversity is unparalleled on the world stage, and so are the creative works that emerge from it. The time has come for streaming services to participate in and contribute to the production and exhibition of Canadian stories and music. They are well placed to make a significant and important contribution, while taking into consideration their different and varied business models.

The online streaming act would ensure that financial contributions are made to further Canadian stories and music in a variety of ways, including to support their development, production or promotion, while contributing to the training and development of Canadian creators. In recent years, we have seen one Canadian success story after another, from Schitt's Creek's record-breaking season to Orphan Black's Tatiana Maslany and Kim's Convenience's Simu Liu, who is headlining productions in the Marvel cinematic universe. Large platforms like Disney, Apple and Netflix have taken notice of what Canada has to offer.

Support for the modernization of the Broadcasting Act is not just about guaranteeing access to Canadian creative content. In Canada, we have artists from a variety of cultures, backgrounds and perspectives. This bill is critical to help support our artists and creators, who must be able to realize their full potential.

We have a responsibility to establish a framework and create the necessary space for women and people from francophone, indigenous, racialized, official language minority, LGBTQ2+ and other communities.

The difficulties we have been experiencing over the past two years with the COVID-19 pandemic have shown us that solidarity is essential to support our artists and creators. They support our diverse communities every day. They strengthen the soul of our cultures. They keep our Canadian heritage strong.

The tools proposed in this bill could help us discover the next Denis Villeneuve. We must support our artists, like Canadian drag artist Priyanka, young Mohawk actress Kiawentiio, Manitoban actress and screenwriter Bahia Watson, and Atikamekw artist Laura Niquay from Quebec.

Of course, this includes Hamilton's favourite modern rockers, the Arkells, and many other creators like them who deserve recognition. This bill would breathe new life into a system that will invest in the production and broadcasting of Canadian series, films and music. It would aid in building the infrastructure to continue to support and expand an industry that already employs about 160,000 Canadians. That is similar to the number of workers in our oil and gas sector. This investment will bring even more jobs and opportunities to our artists, creators and producers.

Canadian music is a particularly important part of the cultural sector. The music production and sound recording industry accounts for over $625 million worth of Canada's GDP and almost 10,000 jobs. Through their music and lyrics, Canada's musicians help create relationships and memories, initiate important social discussions and forge a collective national identity and collective national values.

Music allows us to share our country, our culture and our ideas throughout the world. Much of the music we listen to today is provided to us through online services like Spotify, Apple Music and YouTube. It is only fair that just as traditional radio does, these services contribute to supporting Canadian music, whether it be through financial contributions to funds intended to support the Canadian music industry or by showcasing Canadian talent.

It should not matter whether one listens to Michael Bublé on Spotify, YouTube or the radio; these platforms must all contribute to achieving Canada's cultural policy objectives. The need for a modern broadcasting system is now. This bill recognizes the importance of investing in Canadian stories and music.

I would ask the hon. members of the House to support this bill, which is fair, equitable and forward-looking. We need to take immediate action to support the next generation of Canadian talent.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, the individual across the way made mention in her speech that through Bill C-11, money will be taken from broadcasters and put into an art fund, and artists will then be able to pull from that art fund in order to generate more “Canadian content”.

She said this is an investment in broadcasting of Canadian material. When I look at YouTube, TikTok, Twitch or Snapchat, I see some incredible up-and-coming Canadian artists. We call them digital-first creators, and they will be captured under this piece of legislation. There is good potential that 30% of their revenue will have to be contributed to this art fund.

Can the hon. member help me and those digital creators understand whether they would have the opportunity to also pull from that fund by applying for grants from it, in the same way that they are paying into it?

[Lisa Hepfner, Liberal, Hamilton Mountain, ON]

Madam Speaker, the government has been very clear that it is platforms that fall within the mandate of this legislation, and not users themselves. It is the platforms that we are asking to contribute. Right now, we have a system that is two-tiered, and traditional broadcasters have to follow a number of rules that new streaming services do not have to follow. We want to make an even playing field for broadcasters in this country.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I appreciated the speech from my colleague, with whom I serve on the Standing Committee on Canadian Heritage.

Bill C‑11 corrects a concern that was raised during the study of Bill C‑10, the predecessor of Bill C‑11, which was dropped in the previous Parliament.

Bill C‑11 clearly states that the CRTC will not be able to use algorithms to verify whether digital platforms are meeting the objectives set out in the Broadcasting Act.

I have a question for my colleague. If it turns out that algorithms are the only way to verify whether the objectives are being met, what might the solution be? How will we ensure that the platforms are meeting discoverability and other objectives?

[Lisa Hepfner, Liberal, Hamilton Mountain, ON]

Madam Speaker, I look forward to working with my colleague to improve Bill C‑11 in any way that we can.

With respect to algorithms, I want to point out that YouTube's own algorithm actively recommends video containing misinformation or hate speech, and those videos tend to perform well on the platform. When it comes to the algorithms about discoverability, we know that in 2020 Spotify found that its own algorithms were leading users to less diverse content.

Under the current system, the share of royalties that Canadian songwriters receive from traditional media outlets versus digital platforms is almost 70% less.