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 often publishes better independent summaries.

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.

Elsewhere

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

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

Online Streaming ActGovernment Orders

March 29th, 2022 / 3:55 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, I did not quite get the question, but the member was talking about the Broadcasting Act and protecting language and culture, which the Broadcasting Act does because there are limited channels in broadcasting. If it were a free-for-all and any Canadian could get on a broadcast channel and start broadcasting, we might have a problem. However, this is about online streaming, and when we stream online, we are not preventing anyone else from viewing what they are watching on TV. In fact, more people have the opportunity to see different shows that may not make the cut on regular network channels.

Online Streaming ActGovernment Orders

March 29th, 2022 / 3:55 p.m.
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NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Madam Speaker, in 2020, one in four people working in the cultural sector lost their jobs. However, Netflix revenues increased by 22% in that same year. Unsurprisingly, the Conservatives have always promoted tax and regulatory breaks for the benefit of the web giants and at the expense of our broadcasters and workers, who are struggling to make ends meet because of this unfair competition.

Can the member clarify why the Conservatives are planning to sacrifice the Canadian cultural sector to the American web giants?

Online Streaming ActGovernment Orders

March 29th, 2022 / 3:55 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, the focus of the censorship is to reduce the ability of minority cultural groups to speak on the Internet. Netflix can afford to pay extra fees, and I am sure in return it gives generous money to certain Liberal parties. We are concerned about people such as those who live in the riding of the member for Winnipeg North. The Tagalog from the Philippines will not be able to afford what maybe Netflix can.

Online Streaming ActGovernment Orders

March 29th, 2022 / 3:55 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, before I begin talking about Bill C-11, I note that it is a great day today because we learned the date the Deputy Prime Minister and Minister of Finance will be be delivering the budget to the House, which is April 7. I look forward to the next steps in moving our country forward. Not only have we recovered all the jobs we lost and created more than we had prepandemic, but our economy is actually larger than it was prepandemic. We will continue doing what is right for Canadians, not only those lovely Canadians who live in my riding of Vaughan—Woodbridge, but Canadians from coast to coast to coast.

It is always great to rise in the House, and it is a privilege and honour to serve the residents of Vaughan—Woodbridge. It is also great to see a government that is delivering for Canadians, not only here in Bill C-11, the online streaming act, but also with the environment minister, jointly with the Prime Minister, unveiling the emissions reductions plan, in beautiful Vancouver on the west coast, for how we will meet our targets to reduce greenhouse gas emissions and how we will get to net zero by 2050. I encourage all parties to look at that because it has something to do with the agenda, much like Bill C-11, the online streaming act, is a part of that agenda.

It is also much like yesterday when, joined by the Progressive Conservative Party of Ontario, our government brought forward a national day care and early learning child care plan. I think that is something to be celebrated. I know that when we enrol my youngest daughter, Leia, in day care in October, we will benefit from it personally. That is real change. That is what we call a promise made, a promise kept.

Online Streaming ActGovernment Orders

March 29th, 2022 / 3:55 p.m.
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Some hon. members

Oh, oh!

Online Streaming ActGovernment Orders

March 29th, 2022 / 3:55 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, if the hon. members wish to do a point of order on relevance, I would encourage them to do so. I will always speak to our government's record and how it is benefiting Canadians.

When I look at Bill C-11, I see the last time changes were made to the Broadcasting Act was in 1991, and I think about where I was as an individual in 1991 and what environment we operated in. I was beginning my first year of undergrad in university at Simon Fraser University. At that time, we did not even have email accounts. We were just given email accounts of some sort and were figuring out what was going on with this new technology. I think print was still pretty big as well. Fast-forward from then, and obviously we see there have been a number of changes in media and in what the Internet has created and we see the obvious metamorphosis that has happened in society. It is great to have been a witness to that and a participant in it.

I see today how that is impacting the lives of Canadian families, including my two older daughters, who are nine and almost 11. They receive their content and watch TV through Disney+, Prime, Netflix and YouTube, and all of their friends and cohorts receive and watch their content through online streaming. If I asked them if they knew the traditional media channels of ABC, CBS or NBC on the U.S. side, or CTV, Global and CBC on the Canadian side, I think my daughters would know the channels of Disney+, Crave and so forth much better because they receive so much content on them.

That is why it is so important that we as a government not only focus on Bill C-11, but, again, focus on achievements like a national early learning and day care plan and reducing greenhouse gas emissions, and focus on what I would say is a Broadcasting Act that brings us into the modern age. We know that legislation is always a work in progress and it has to be adaptable, but we also know that in the world we live in, the government tends to be sort of reactive in the sense that technology and changes in the world will move in a much faster fashion than sometimes government can respond to. That is a natural thing. It is a natural thing that we need to now respond to what is happening online.

I want to read one quote about the support this bill has received, because I think it is exciting, it is relevant and it does bring certain aspects of the Broadcasting Act into modernity. It is from eOne Canada:

“We're excited about the Online Streaming Act, which we see as an opportunity to increase investment in Canadian content and in turn help grow Canada's creative sector and domestic talent pool even further. The strength of Canada's film and TV sector today is a direct result of both public supports and private-public partnerships formalized over many decades, and a modernized act is the logical next step. We encourage all parties to collaborate to pass Bill C-11 as soon as possible.”

When we talk about Bill C-11, we are talking about modernization. I have always been a proponent of modernizing, whether it is in our tax structure or our regulatory burdens. I actually called for that in an op-ed a few weeks ago, and this is part of that mantra. This is part of that tangent where we look at whether the acts we utilize are impacting various industries, and the Broadcasting Act is one of them.

I want to take this time to recognize the powerful impact that Canadian cultural policies have had and continue to have on creative content production in Canada and what I would call our cultural sovereignty. We know that Europeans, if I can use them as an example, protect their cultural content. We know how much they revere their cultural content and how proud they are. Bill C-11, which would amend the Broadcasting Act, takes us down that path. It ensures that we put in value, that we march with our heads up and are very proud of what our Canadian creators from coast to coast do and that they receive the support they need.

The digital age has continued to transform Canada and how Canadians share their stories and consume content in an open and dynamic global marketplace, in addition to traditional television and radio. Most Canadians access their favourite songs, films and television shows through online streaming services like Netflix, Spotify, Crave, Disney+ and many others. It is time that these services are required to contribute to Canadian stories in the same way that Canadian broadcasters always have.

Our government is advancing an important digital policy agenda aiming to help create a fairer, safer and more competitive Internet for all Canadians. The online streaming act builds upon the economic and social benefits of the Broadcasting Act. It ensures the sustainability of the Canadian broadcasting system. It continues to support an ecosystem where public, private and community elements work together to contribute to the creation and exhibition of Canadian programming, and it ushers in a new era of broadcasting.

The online streaming act follows on our promise to safeguard our cultural sovereignty and support our creators and creative industries. We want to continue supporting Canadian creators and showcasing their stories on screen and in song. We want to continue supporting their livelihoods and inspiring future Canadians of all backgrounds in this beautiful, diverse and inclusive country we get to call home by allowing them to see themselves reflected on all platforms, including online. Those are some of our objectives with the online streaming act.

We have listened to stakeholders, experts, professionals, parliamentarians and many Canadians and taken note of their needs, interests and preoccupations. Following royal assent of the online streaming act, our government will issue a policy direction to the Canadian Radio-television and Telecommunications Commission, the CRTC, to indicate our priorities when it comes to putting in place the new regulatory regime. The policy direction has two primary goals. First, it will focus on the importance of consultation and special consideration of the needs of equity-seeking groups. Second, the direction will make clear areas where regulation is needed, as well as areas where flexibility should be exercised. That is very important, as we move forward with Bill C-11, for the primary goals and the focus areas.

We will continue to consult, as the government has done since day one in 2015 when we formed a majority government, and work with all Canadians and all stakeholders. We will also, of course, ensure the regulation is flexible, while meeting the goals of the amendments to the Broadcasting Act that are brought through Bill C-11.

It is my pleasure to speak in more detail about our government’s plan for a policy direction and the steps after the royal assent of the online streaming act.

If Bill C-11 is adopted, the Minister of Canadian Heritage intends to ask the Governor in Council to issue a policy direction to the CRTC to guide its implementation of the online streaming act. A policy direction is an opportunity to clarify the government's policy intent on certain issues regarding social media platforms and digital first creators. It will also provide a level of flexibility that ensures any necessary changes can be made quickly in the future when needed.

It is so important to have legislation and acts in place that react to the changes of the day so that we can look at and make the changes we need to understand the technology and how it is changing, not only in the workplace but in this situation with online media platforms and how they are changing a sector. We can point to how changes have come forth to many industries we operate in. I remember that when I first started working on Wall Street in New York city, we had a thing called a PalmPilot. We had it by our desk and we used to tap it for our schedule. Within a year or so, that became totally irrelevant. Then we would be contacted using a thing called a BlackBerry pager. Again, the technology changed so quickly. Therefore, we, as a government in this realm, are amending this section of the Broadcasting Act of 1991 to bring it up to speed.

It will also provide a level of flexibility that ensures any necessary changes can be made quickly in the future when needed. For instance, a policy direction to the CRTC will make it clear that the content of digital first creators who create content only for social media platforms should be excluded. Of course, individual users of social media will never be treated as broadcasters under the online streaming act, and only some commercial content carried on social media platforms could trigger obligations on that platform. A policy direction will clarify that the content of digital first creators will not be part of the commercial content that can trigger obligations for platforms.

This means that the content of digital first creators will not be included in the calculation of the social media platform's revenues for the purposes of financial contributions. Content from digital first creators will not face any obligations related to showcasing and discoverability. Canada's digital first creators have told us that they do not want to be part of this new regime, and we have listened.

The policy direction will also specify the government's intent when it comes to video games, and gaming is a very big industry in Canada, whether it is in Vancouver, Montreal or here in Ontario. I will repeat again that video games are not to be regulated.

The policy direction will also allow our government to signal important priorities to the CRTC, including with respect to such topics as advancing reconciliation with first nations, Inuit and Métis people; combatting racism; fostering diversity and inclusion; accessibility; official languages; adaptation to our new digital realities; and more.

When I think about diversity and inclusion in my area of York Region, I think about how we have Telelatino, which has been a long-time ethnic broadcaster in Ontario and throughout the country. When I talk to the principals at that entity, which is a mix of Spanish and Italian broadcasting, they are obviously here and doing things in Canada and participating with the government and agencies. I want to give a shout-out to Aldo and the entire team at Telelatino, TLN, for the great work they do in promoting not only Canadian content but content from various parts of the world and bringing it to our homes on a daily basis.

The draft policy direction will be prepared in the months to come and published upon royal assent of the online streaming act. It will reflect relevant legislative amendments adopted during the parliamentary review of Bill C-11 and the important feedback the government continues to receive. In the last session of Parliament, I sat on three committees and I know how important the role of committees is in allowing members the opportunity to provide feedback to strengthen legislation from the government of the day to make it better, more flexible, more efficient and more reflective of industry and stakeholders. “Better is always possible” is what we say at committee. I know all my hon. colleagues do a wonderful job in providing feedback and bringing their views to the legislation that is a brought forth, and that will include Bill C-11.

Once the direction is published, all stakeholders, including members of the public, will have an opportunity to provide additional feedback. A summary of their feedback will be published prior to the issuance of the final direction.

I listened intently to some of my hon. colleagues from the official opposition prior to my opportunity to rise and speak. I listened intently to some conspiracy theories, if I can use that term, being bandied about by some of the official opposition members, and I encourage them to submit this feedback into this feedback loop. A summary of their feedback could be taken in and published. If they would like to say that, it would be great, because I am still scratching my head about where with some of the stuff that is spouted forth comes from. I will try to understand it even better, but I am just not sure if I can.

The policy direction will provide the CRTC with the guidance to move forward quickly on the implementation of the new legislation and may even provide direction on the timelines for implementation of key elements of the regime.

I really need to speak to this point, because inherent in this act is obviously a policy direction or directive that would guide the CRTC in moving forward. The feedback mechanism would be in place to ensure that the online streaming act and the amendments to the Broadcasting Act really hit the nail perfectly and get that right. We are getting this right. We are moving in the right way.

We have listened to concerns of Canadians, we have listened to concerns of stakeholders, and we have listened to the feedback from stakeholders. That is what the right thing to do is as a government. It is to listen, to sit down and to talk to all viewpoints within industry, whether it is directed by ourselves or by the consumers, and we know that changes have to be made. I go back to 1991, the last time changes were brought forward, and I think of how the world has changed since 1991 for all of us, and hopefully in a positive manner.

In my humble conclusion, I want to repeat that the online streaming act would work to ensure that no matter how Canadians access their content, they should be able to see themselves in stories and songs that reflect their experience and their communities. When I think about that, I ask what it is to be Canadian today, as we all come from various backgrounds and various parts of this country. With the cultural content we consume, we need to obviously take a step back and always think about what Canadian content is and how we provide for it and finance it and assist it. We know other countries around the world assist their cultural industries, and the tourism side as well, to a great degree.

Whether it is Spotify, Crave, Disney+, Amazon Prime or Netflix, I think we pay for all of them in my household. We know there has to be a contribution here for the benefit of Canadian content. We know how valuable Canadian content is and we need Canadian content creators to have the opportunity to make sure the stories and histories that everyday Canadians see and hear are told. That is so important.

Before I finish up, I will say that members can rest assured of our commitment to carry out consistent and thorough consultations with everyone who has a stake in the implementation of this bill, including members of the official opposition, whom I have been reading some very interesting things about these days. This commitment will extend to the implementation and the subsequent policy direction to the CRTC.

I wish to thank members for their ears today and for hearing my thoughts on Bill C-11. I would like to say that this is part of our government's record of moving forward on a number of initiatives. That is what governments are elected to do, and it was great to see the national early learning and day care plan come to fruition yesterday. Today it is the emissions reductions plan, which is substantive, and today we are also debating Bill C-11, the modernization of our Broadcasting Act, and bringing over-the-top or online platforms into the modern age here in Canada.

The House resumed 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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, the hon. member, during his speech, made a comment about digital-first creators. He said that they will not be captured by this legislation. This is a talking point that is used over and over by the government.

It is very clear in the legislation that anything that uses music will be captured, and therefore the CRTC regulations will be applied to those things. TikTok videos, by their very nature, use music. That is how they are created and that is how they are structured. If a TikTok video posted by a digital-first creator has music, then the regulations of the CRTC would be applied to it.

I would like the hon. member to help me understand his pretzel logic as it relates to how these TikTok videos might possibly be exempt from the regulatory arm of the CRTC.

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I know this hon. member has been quite passionate and quite involved in commenting on Bill C-11 from the onset and even in the prior session of Parliament before the last election. I applaud the hon. member for Lethbridge for their due diligence and work on this issue, because they have been there commenting from the beginning and asking tough questions to our government.

From looking at the research I have done on the bill and from the work that I have done, I know the bill explicitly excludes all user-created content on social media platforms and streaming services, and—

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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An hon. member

Oh, oh!

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order.

The hon. member had an opportunity to ask a question, and neither she nor anybody else on that side of the House should be raising any more questions or comments while the hon. member is answering.

The hon. member has about eight seconds to respond before I ask for another question and comment.

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I just want to thank you for restoring decorum in the House while I finish answering my question. I will go to the next question now.

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Questions and comments.

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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Some hon. members

Oh, oh!

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order.

Sometimes that is what happens when individuals are continually being interrupted. I want to remind members that if they want to ask questions, they must wait until it is their time to do that.

The hon. member for Thérèse‑De Blainville.