Bill C-11 (Historical)

Online Streaming Act

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

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Online Streaming Act

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, there are few values more important to the people I represent, as they are to my colleague who just spoke, than advancing freedom and protecting individual rights and liberties, especially when it comes to the creeping, reaching, interfering and the heavy hand of government and its agencies.

I oppose Bill C-11 because it is not just about what its proponents claim. It will be a way for the Liberal cabinet and CRTC gatekeepers to control what Canadians see, say and hear online. The Liberals have ignored and ridiculed the concerns about Bill C-11’s impacts and potential unintended consequences for Canadian media of all kinds and for everyday Canadians. Thousands of Canadians, and Conservatives, have spoken out for three years, so now, at the very final stage before it becomes law, the charitable assumption that its proponents are unclear or unintentional about the risks and potential consequences can no longer be entertained.

Bill C-11 remains an attempt by the Liberals to regulate the Internet, with unprecedented powers for the CRTC and no clear guidelines or guardrails on those censorship powers.

The other parties argue for the bill on two main grounds: modernization of the Broadcasting Act and that it will enhance and expand Canadian content and culture online.

The truth is that Bill C-11 goes backwards on Canadians' successful online innovation, creativity, and entrepreneurialism by regulating it with the Broadcasting Act. Instead of promoting Canadian content as a whole, Bill C-11 will pick winners and losers, prioritize and deprioritize content, and therefore shape what Canadians see, regardless of their actual preferences, and whether Canadians can be seen or heard under its criteria, which will be decided by the CRTC and ministers. To be clear, on this point, I really do not care what party it is. This power, in particular, should not be extended to any.

Unlike the Liberals, Conservatives measure success by outcomes delivered, not money spent. The challenge of how to best expand and promote Canadian content is clearly not going to be done as well by Bill C-11 as it is already being done by the private sector, hardly a surprise. For example, the Motion Picture Association Canada is responsible for half of domestic media production and spent $5 billion in 2021 alone. That private sector investment is five times the amount allotted in Bill C-11. This is more of the costly coalition’s usual MO of spending lots of tax dollars regardless of results, despite the private sector’s obvious leadership. It is a government gatekeeping and taxpayer-funded solution in search of a problem.

The core problem with the way Bill C-11 deals with the concept of Canadian content is that, one, it does not actually define it and enables politicians to tell the CRTC what it is, and two, any person or business may be restricted since their content can be pushed up or down if it is decided that they fit or that they are not Canadian enough.

Canadians do not have to decipher the truth from our back-and-forth here. Currently, the CRTC’s definition of Canadian content often depends on copyright ownership, which big streaming services usually keep, instead of, say, Canadian staff, locations, writers, actors, compositions, art or stories.

The power granted to politicians is clear in Bill C-11. Section 7 of the Broadcasting Act states, “the Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters”. Well, “Governor in Council” means a cabinet minister. Conservatives tried to remove that clause to ensure that the CRTC chair would be free from political interference, but Liberals blocked it, so the power is there.

After the costly coalition pushes through Bill C-11, Liberals will write up a set of backdoor regulations for the CRTC and then apply some sort of values test to every YouTube video, Facebook post, TV show, documentary and radio show, and it is endless. Social media is caught because of Bill C-11’s definition of “online undertakings” and “programs”, which can include images and sounds where written text is limited. That could mean videos, podcasts, photos and memes, but not written posts or news articles.

Clauses 9 and 10 could empower the CRTC to adopt so-called discoverability rules that would force social media sites like YouTube to modify algorithms and affect how often videos are seen on social media feeds, based on the yet-to-be determined criteria for what is and is not sufficiently Canadian. Bill C-11 clearly makes the Canadian government and the agency the regulator of the Internet. The Broadcasting Act states that the regulations will prescribe “what constitutes a Canadian program”. If the content is not Canadian enough, it will get slapped with fees and taxes, and it will be censored. If it is Canadian enough, it will continue just as it does now.

Bill C-11 will also force content creators, from small YouTubers all the way to Netflix, to pay fees to the Canada Media Fund, but it does not define who will be exempted and makes creators pay based on a points system that value-tests whether their content production is Canadian enough.

The winners would be government-subsidized broadcasters, such as the already advantaged government-funded CBC, which would get even more funding with Bill C-11. The losers would be the independent innovators driving Canadian digital leadership, and often young Canadians. So much for the democratized free market of ideas that the Internet embodies.

Conservatives proposed to define discoverability and limit government algorithm manipulation, as well as amendments to ensure greater transparency of the CRTC and its decision-making, but the Liberals rejected them.

Digital entrepreneurs have grown rapidly on YouTube and Instagram. They create brands off their channels and the advertising revenues their videos generate. They are worried that they would not qualify as Canadian enough, and that small channels, with only a couple of hundred subscribers and next to no revenue, will suddenly be forced to pay government, or even get fined up to $25,000 per day, as in proposed section 32. It is crazy that a young Canadian YouTuber could get fined because they are not Canadian enough.

Conservatives also tried to remove proposed subsection 4.1(1), which may be referenced by members opposite as exempting normal Canadians from these CRTC rules, but the Liberals put in an exemption to the exemption right after, so there is actually no change.

The Liberals plan to reject the amendment that would explicitly encourage the CRTC to regulate professional, copywritten content, which seems to be their actual aim, instead of individual user-created content. Even then, it does not change the discoverability rules that would control and prioritize what Canadians see and hear, thereby controlling the content creators.

Experts warn that this will happen. Former CRTC commissioner Peter Menzies says that under Bill C-11, Canada will “become a global leader in restricting online speech and meddling with news media.” Canada’s top legal scholar and digital content expert, Michael Geist, whom the Liberals now deride when we quote him, says it will restrict who can hear Canadian voices: “the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard.” If Canadians do not have the freedom to hear it, then the creator does not have free expression.

Forty thousand creators from Digital First Canada signed letters calling for these rules to be removed. The Liberals ignored them. Prominent and diverse Canadian YouTubers, like J.J. McCullough, Morghan Fortier, Justin Tomchuk and Oorbee Roy, have all spoken about their concerns about what Bill C-11 would do to their viewership and their income.

J.J. McCullough said:

Given that YouTubers make videos of every genre imaginable, from fitness to architecture to political commentary, it is frankly terrifying to imagine that government may soon have a hand in determining which genres of video are more worthy of promotion than others.

In summary, anyone proud of the tremendous success of Canadians on YouTube should be deeply concerned about the damage that Bill C-11 could do to their livelihoods.

If MPs pass this bill into law, no one can say they were not warned about the potential consequences. The level of uncertainty and concern, as much about what is not defined as what is, and the potential impact on the core value of free expression should be enough for the costly coalition to hit pause and fix this bill.

That is the duty of policy-makers, the duty of MPs, to ensure that legislation does what they claim and to mitigate unintended consequences before passing laws. MPs must defend the values of Canadians' right to freely, without censorship or risk of consequences, express their views, so long as they are not inciting harm or hate, whether or not they align with the views of anyone in here. That is our job.

No government agency responsible for broadcasting in a free and democratic society should have powers to censor, control and regulate as proposed in Bill C-11. Canadians have fought and died to defend rights to free thought and expression.

I will close with these words:

you fit into me
like a hook into an eye
a fish hook
an open eye

Margaret Atwood was talking about love and pain. That is what Bill C-11 would do to what Canadians can see and hear online. She says Bill C-11 is “creeping totalitarianism”. I would not presume but it is probably fair to say she is not a Conservative, but she is a world-renowned Canadian artist and icon, and Bill C-11 supporters should actually listen to her before it is too late.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, I am glad to get up and ask my colleague from Calgary Shepard a question, because “there's always something to do.”

The government of the day has subsidized media outlets across this country to the tune of over $600 million because these media outlets that are highly regulated by organizations like the CRTC and forced to follow these rules cannot generate the advertising revenue or the interest they need because the government is dictating to them what they can and cannot do. Does my colleague see Bill C-11 doing the same thing to digital content creators on the Internet?

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, I am glad I caught your eye so I can speak to this piece of legislation. I know I started speaking on it, but I guess the government made a mistake in its original motion. I was so keen to make sure I was here to add my voice and the voices of my constituents on this.

Years ago, when this bill was known as Bill C-10, which then got converted to Bill C-11, I remember standing at a Calgary Stampede pancake breakfast in my riding in the community of Auburn Bay. The hosts served two to three thousand people that day. I stood at the front of the line, and before people got their pancakes, they had to interact with me.

I had a great many constituents tell me the number one issue they wanted to talk to me about was Bill C-11. I was floored that some of them knew the number for a piece of legislation. A lot of young people wanted to talk about it. What they knew was that Bill C-11 was coming through and would have an impact on free speech, and they did not like it. I asked them what they knew, and we had an exchange about it.

The majority of emails I get are in opposition to Bill C-11 and also in opposition to Bill C-21. I have had a handful, which I could literally count on one hand, of people who have had positive things to say about Bill C-11.

People are extremely upset with the government over the Senate amendments and which of the amendments it has chosen to proceed with and which it has not. One of the Senate amendments it rejected would have protected user-uploaded content.

As we know, with most user-uploaded content, there is a possibility for someone to make revenue from it when they have a channel. All of it is captured by these amendments that the government would be accepting in Bill C-11. Bill C-11 is still a deeply flawed piece of legislation.

Before I continue, I want to say that I am splitting my time with the member for Lakeland, who I am sure will do a terrific job speaking on behalf of her constituents as well.

I want to go through the legislation, specifically section 7, which I have the most concerns with.

In my home, my kids go on YouTube and streaming services exclusively. We do not have cable. There is no over-the-air TV like back in my day. When I say “back in my day”, I still remember when there were black and white channels.

In Communist Poland, there were only two channels we could get. They were both in black and white. The joke always was that the regime had set up a second channel to prove to people the first one was not that bad. I do not remember it, but the first time I got to watch TV in colour was when I came to Canada in 1985. It was a nice thing to see that colour TV was something we could get.

My kids do not have that experience at all. They go onto YouTube and I go onto YouTube as well. I am going to mention two particular channels I love, because they are by Canadian content creators who would be impacted by Bill C-11.

The first one is an Ontario channel called TheStraightPipes. It is two guys from Ontario who review cars. They just get vehicles and review them. They would have to go to the CRTC to get a licence that says the videos they post are Canadian content.

They are from Canada. They are Canadian content creators. Even when they travel to America, I still think of their videos as Canadian content. Would they be eligible for a licence for their Canadian and international audience to be able to look at their videos if they go to America and do them?

The second one I want to mention is my favourite, and I mentioned it earlier in the previous stage of debate on Bill C-11 It is Leroy and Leroy. If people are not on Instagram checking out these guys from Saskatchewan, they are missing out.

Leroy and Leroy is the funniest comedy channel about funny street signs all over Canada. I will always remember the one video they uploaded of a “no parking” sign on a straight road somewhere in Saskatchewan. I know it is really difficult to figure out one straight road from another in Saskatchewan. It is a rural road, there is a “no parking” sign and there is just nothing there that someone would be concerned about vehicles blocking.

I wonder whether they would have to keep reapplying to the CRTC as Canadian content creators. Are they Canadian enough? When they travel outside of Canada to do their comedy routine, would they be Canadian enough?

I have a Yiddish proverb. I always have a Yiddish proverb. I am going to butcher the pronunciation of it.

[Member spoke in Yiddish]

[English]

It means, “Truth has all the finest qualities, but it is shy.” I am glad we are having this debate this evening, because it is an opportunity for the shyness to come out and the truth to come out.

Many members on the opposite side do not like the fact that we call this a censorship bill. We say the CRTC is going to be able to control what people see and hear online, but that is what many of the witnesses have been saying.

Countless witnesses, professors and academics, people who have specialized in writing, including a constitutional lawyer who used to work for our justice department, have expressed concern over the content of the bill and how the bill is written. When there is a disagreement between experts and the common, everyday people who write to my inbox telling me they are upset with the contents of the bill, I am going to trust my constituents, the real experts when it comes to legislation before the House. They are the ones I represent here. They are the ones who are going to have to live with the decisions we are making and the types of legislation we are going to pass.

I am very concerned with section 7. It reads, “For greater certainty, an order may be made under subsection (1) with respect to orders made under subsection 9.1(1) or 11.1(2) or regulations made under subsection 10(1) or 11.1(1).”

We write these laws in this manner. I am not burdened with a legal education, thankfully, but I did go back to the Broadcasting Act to see under which sections the government would be able to direct things. This one would allow cabinet to issue, under the heading “Policy directions”, any of the objectives of the broadcasting policies set out in a different subsection, or any of the objectives of the regulatory policies set out in a different section. It starts by saying, “the Governor in Council may...issue to the Commission directions of general application on broad policy matters with respect to”, and then it goes into detail.

The next section I will talk about is licencing. Everything to do with licencing would be impacted as well, because the government would be able to direct the CRTC through a policy directive and tell it what to do. That is all in section 7. It goes on to talk about regulations generally, and we find that in many pieces of legislation.

For those constituents who are perhaps watching this and will use this as an explanation when I go through this, it goes from literally 10(1) all the way down from (a) to (k), and the government covers everything down to what respects the audit or examination of the records of licensees.

What does that mean? Is it that, if Leroy and Leroy gets a licence with the CRTC to prove its creators create Canadian content, the creators can be audited, such as with respect to how many videos they did in Canada versus not in Canada? If TheStraightPipes brings in an American vehicle, or a vehicle perhaps manufactured elsewhere, are the creators going to be audited on that?

The bill talks about distribution, mediation rules and respecting the carriage of any foreign or other programming services by distribution undertakings. What happens if TheStraightPipes decides to do a joint episode with an American channel? Does it need a special licence, a different licence, and have to pay a fee? Is it Canadian content enough?

All these broadcasting rules are being brought into the age of YouTube, and they do not really apply here where the cost of production is so low and so close to people. However, in the bill, there are things about advertising, Canadian programming and what constitutes Canadian programming, which is where this Canadian content comes in.

Again, there are a schedule of fees, performing of the licence and the undertakings, which are all being covered, and it starts with the policy directives that can be set by the Government of Canada. A lot of different groups have expressed concerns about it. Like I said, it is probably the number one issue emailed to me or in the phone calls I get in the office.

I talked about the Calgary Stampede pancake breakfast outside the Auburn Bay A&W, which was hosting it. The gentleman who runs it, Balwant, is a great community activist. He is always helping different charitable groups and supporting them.

There are a lot of groups and individuals who think this is bad legislation: Digital First Canada; OpenMedia; J.J. McCullough, who is an independent journalist but has his own YouTube channel as well; Justin Tomchuk, who is an independent filmmaker; and the Digital Media Association. The list goes on and on.

This piece of legislation is bad. It is about censorship, or it would give the opportunity for it, and if the government really meant for it not to be not to be known by that, it would have abandoned this piece of legislation. It would have gone back to the drafting process and drafted a better bill.

This entire situation could have been avoided. Motions were tabled that actually did not do what they were supposed to do, and then the government came back and tabled a different motion because it is just trying to ram the bill through the process, and that has not worked out for the government. I think there are way more Canadians who know about Bill C-11 and about the CRTC than ever before, and the vast majority of them in my riding are opposed to Bill C-11.

I am going to vote against Bill C-11. I will continue to advocate against it, because that is what my constituents want me to do. Hopefully, through this intervention here in the House of Commons, I have been able to demonstrate that the legislation, particularly section 7, and its amendments to the Broadcasting Act are completely on the wrong track. The government needs to kill Bill C-11.

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, it is an interesting debate today, and I rise to speak on Bill C-11.

I was here for Bill C-10, which went on until the Liberals finally realized it was problematic, shipped it off to the Senate and called an election because they knew they had a bad piece of legislation.

The Internet is an interesting place, but the expression of opinions has been going on for a long time.

I do not know if anybody in this House has been to Speakers' Corner in Hyde Park, London. People can stand there and express any opinion they want. There are libel laws in the Criminal Code; we understand that. However, people can stand on that corner and express their viewpoints. There is no censorship and no control. If they attract an audience, the audience might like to listen. If they do not attract an audience, so be it, but they still have the opportunity to do that.

In 1989, the World Wide Web was introduced as a tool for communication and connection, for the free flow of information no matter where one was located. One did not have to be on Speakers' Corner but could be anywhere in the world. According to Tim Berners-Lee, who is credited with founding the Internet, the web was a universal linked information system that “evolved into a powerful ubiquitous tool because it was built on...principles and because thousands...have worked...to expand its capabilities based on those principles.” That is how the modern-day inventor of this particular tool stated it.

Since then, it has exploded. At least five billion people in the world are using it. I remember being on a corner in Beijing, China, and the street vendor selling a watermelon was using the Internet. It has exploded around the world. It can be used to shop, browse and communicate freely. It can be used for anything one wants at just about the click of a button. This is the power of the Internet.

The government wants Bill C-11 to level the playing field, but I do not think this is the leveller. Despite what the government says, Bill C-11 would change the way Canadians interact with the Internet, and I do not agree with the how. Bill C-11 flies directly in the face of the Internet Rights and Principles Coalition Charter. The charter talks about the right to network equality, “universal and open access to the Internet’s content, free from discriminatory prioritisation, filtering or traffic control on commercial, political or other grounds.” It talks about the right to accessibility and expression, “the right to seek, receive, and impart information freely on the Internet without censorship or other interference.”

However, the heritage minister has continued to stonewall against some of our concerns. As Conservatives brought forward amendments that people were sharing with us, the government did not accept them and then went to the Senate after ignoring the amendments we wanted to make. Unfortunately, Bill C-11 stands in the way of Canadian innovation and tells Canadian creators that their aspirations can only be achieved with the help of the government. There is a phrase: “I'm here to help you. I'm from the government.” In my world, I tell people to run now and run like hell. When somebody from the government says they are here to help, people should run.

For decades, the Canadian arts and cultural sectors have reached global audiences without government choosing the next success story. In my riding, as in many rural ridings, over 40% of the people do not have access to broadband. The Auditor General stated that less than 60% of rural Canadians have broadband access. Maybe that is what the Liberals should be working on, not controlling the Internet.

When there are people in Canada who do not even have reliable Internet, we should be looking at that. However, the crux of Bill C-11 culminates in what the government has been doing since it took office. It wants to spend, regulate and control more. Enter Bill C-10 and then Bill C-11 to mandate the CRTC to regulate the Internet.

I have been on the heritage committee for a long time. There was a report with a recommendation that people should only be board members on the CRTC if they lived in the 613 area code. That was the Yale report recommendation. I am not sure about the CRTC when people have to live in Ottawa to be on the board.

Often during committee we heard that the CRTC was the only organization capable of achieving such a wide regulatory order. This bill would lead to the addition of even more government employees and costs, which would be significant whether done in-house or contracted out. It would be a huge cost. Not only would the scope of the CRTC reach Canadian radio waves and TV screens, but now it would also reach the Internet.

In 1997, a former Liberal MP, the Hon. Roger Gallaway, said:

[T]he Internet is the system linking computers all over the world, allowing the free flow of information. Now the new chair of the CRTC...has stated that her commission intends to regulate the Internet to ensure adequate levels of Canadian content. If information is flowing freely how and why is [the commissioner} going to measure its Canadiana?

Rather than spend our money in such a fashion perhaps a suggestion of redirecting her cash to libraries, book publishing or literary programs would be infinitely more meaningful. Regulating the flow of information is in a historical sense an extraordinarily dangerous step. I would suggest that regulating the flow of information is in fact censorship.

As parliamentarians I suggest that we stop the CRTC's flight of fancy before it takes one further step.

Does it sound familiar? History repeats itself, this time at the behest of the government. In 1997, when the Internet was but a fraction of what it is today, the concerns of regulatory censorship in what is Canadian content was being raised by the Liberals.

More recently, Canadian writer-director Sarah Polley adapted a screenplay from a novel by Canadian author Miriam Toews. She won an Oscar for her film Women Talking. Will the CRTC acknowledge that this production qualifies as Canadian content? Whether productions have significant involvement by Canadians is not considered by the CRTC to qualify as Canadian content.

Turning Red is a Pixar film written and directed by a Canadian, set in Canada and with Canadian characters. Does it count? No, it does not; it is not Canadian. Under Bill C-11, that decision would fall to cabinet, its order in council, the governor. Yes, that is the one that says they are going to give the directions to the CRTC. I do not think any party should be making those decisions and directing the CRTC.

At least the previous Bill C-10, a bill that died in the last Parliament, included an explicit exemption for user-generated content. However, then the Liberals removed it from their own bill. Members of the government realized they would not be able to tighten the grip on Canadians' viewing habits should that exemption remain. Therefore, they tried again with Bill C-11 and told Canadians not to worry but to trust them. That is another phrase. It gets scary when somebody says, “Trust me”.

A careful examination revealed complicated ways in which they can still be regulated. The Senate introduced an amendment intended to explicitly rule out user-generated non-commercial content, but the government rejected that too. The Liberals rejected the Senate, Canadians and the exemption. That must say it all.

As Canadians' foremost expert on Internet and copyright law, Dr. Michael Geist said, “For months, [the Minister of Heritage] has said ‘platforms in, users out’.... We now know this was false. By rejecting the Senate amendment, the government’s real intent is clear: retain the power to regulate user content. Platforms in, user content in.”

If the CRTC is given this mandate, it may direct social media platforms and streaming services to develop the algorithms to favour and disfavour based on a certain criterion, but one we do not know. No one but the government knows. The screening occurs through discoverability. When one opens a browser on a platform, such as YouTube or Facebook, such results would be screened artificially based on a CRTC directive. This needs to stop.

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

Mr. Speaker, I rise on a point of order. There was a question as to the charter statement on Bill C-11. I was hoping to get unanimous consent to table, in both official languages—

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

Mr. Speaker, again, from Conservative speaker after Conservative speaker, we are getting conspiracy theories and dog whistle politics. Does the hon. member truly believe that three parties in the House would support a piece of legislation and that none of those members would raise concerns about being brought in line with countries like North Korea and Russia? I asked the previous member this. Is it not an insult to the people living in those regimes to even come close to comparing them?

I know the hon. member was not at committee and did not hear this. Could he name just one constitutional expert in this country who has raised concerns about it? No one has, yet they point fingers, yell and scream. They are yelling down the Twitter rabbit hole, hoping it yells back at them with money, over complete misinformation and disinformation about Bill C-11. Can the hon. member name one constitutional expert?

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, before I begin, I just want to advise that I will be sharing my time with my little buddy from Bow River.

It is, again, an honour to rise and speak today in the House. Unfortunately, I am speaking about another oppressive piece of legislation, and with the current Liberal government that could be almost anything, to be honest. In this case, it is the Liberal online censorship bill, Bill C-11. It is known as an act that would impose restrictions on free speech and open the door to government censorship on the Internet in Canada, which is the long title of the bill, or whatever name the Liberals want to give it.

From the beginning, the Liberals have sought to force the bill through Parliament without proper deliberation or consultation. Though Canadian content creators, experts and Canadians in general have spoken out on the bill and the increased power it would give the government, they have been largely ignored. The Liberals rammed Bill C-11 through committee without leaving time for amendments, and they continue to conceal their true intentions and the very real consequences the legislation would have on the Canadian Internet, on social media and on the personal freedoms of Canadians.

If the Liberal government were to commit to getting Bill C-11 correct, as it claims it has, instead of steamrolling democracy, the Senate would not have had to do the government's work for it. It is rare that the Senate does not pass legislation that has already passed through the House. The Senate sending Bill C-11 back to the House with significant amendments, not only in quantity but also in content, shows that there is something seriously wrong with the Liberal piece of legislation before us.

Bill C-11 seeks to regulate audiovisual content on the Internet through an arm of the government called the Canadian Radio-television and Telecommunications Commission, commonly known as the CRTC, which has traditionally been responsible for regulating radio and television. The bill would put the CRTC in charge of creating and implementing regulations for the Internet for the very first time. Bill C-11 has been controversial since it was introduced in 2020. Disguised as an incompetent and misguided attempt to modernize Canadian content regulation, the bill is nothing more than censorship by a dictatorship.

The Liberals introduced Bill C-11 to take something old, the Broadcasting Act, and use it to try to bridle something relatively new: the Internet. In trying to doing so, the bill is the very opposite of modernization. By placing greater control in the hands of the government and granting less autonomy to individuals, Bill C-11 would create the very opposite of a free and equal society. It would be something closer to the Prime Minister's country of admiration: the basic dictatorship of China's Communist government.

Canadians who have been shut out by Canada's traditional media gatekeepers are finding their voices on places like Facebook, Instagram, Spotify and YouTube. Unfortunately, Bill C-11 would stifle the voices of digital-first creators and hinder the ability of Canadians to find the content they may like. In effect, Bill C-11 would place an Internet czar, the CRTC, which would pick what content gets moved to the top of one's search menu and what content gets pushed to the background where it ought never to be discovered.

In this way, Bill C-11 is a direct attack on digital-first creators, on our choice as viewers and on the advancement of the arts and culture in Canada in this century.

After listening to testimony from digital experts, Canadian YouTubers, indigenous creators and others, the Senate introduced an amendment, one of many, that would encourage the CRTC to exclude some user-generated content from regulation. However, not only is this amendment not guaranteed to pass in the House, but it also does not go far enough. With or without this amendment, under Bill C-11, the CRTC would still be able to compel platforms to promote CRTC-approved Canadian content.

The Liberals claim that bringing in more government intervention will boost Canadian culture. I believe this is absolutely false. As countries ruled by oppressive leaders have shown us, more government control does not lead to creativity and innovation, nor does allowing more power ever cause governments to further respect their citizens' rights and freedoms.

Under this bill, the CRTC would have the power to regulate user-generated content, in other words, anything created, posted and produced on the Internet. As such, although the government claims that this bill is geared toward supporting Canadian culture and levelling the playing field, Bill C-11 would actually remove freedom and choice away from Canadians while unfortunately, and not surprisingly, it would put more power and control in the hands of the government through the CRTC.

According to a report done by Michael Geist, a University of Ottawa expert on broadcasting and online regulations, “No other democratic nation regulates user-generated content through broadcasting rules in this manner...Canada would be unique among its allies in doing so, and not in a good way.”

This designation of the government having the power to determine what qualifies as Canadian content should alarm Canadians and members of the government alike. Bill C-11's stated purpose of promoting Canadian content would essentially give the government, through the CRTC, the power to determine what qualifies as Canadian content. Under this guise of promoting Canadian content, the government would be able to designate certain opinions, certain stances and thoughts in general as un-Canadian and thus deserving of censorship.

We have seen the Prime Minister shut down and silence Canadians who disagree with the government already, determining their opinions to be un-Canadian. We have seen him render Canadians invisible and exclude them from society, deciding that certain medical choices and beliefs are un-Canadian. Now if Bill C-11 passes, the same Prime Minister, through the CRTC, would have the power to extend his pattern of dividing, stigmatizing and silencing Canadians he disagrees with on the Internet.

Ultimately, Bill C-11 would put Canada in step with countries like North Korea, China, Iran and Russia, which is totally unacceptable and altogether dangerous. In reality, Bill C-11 is yet another attempt by the Liberal government to silence any perceived dissent and to forward only a Canada that aligns with the government: in this case, the Prime Minister's vision and ideals.

This bill is simply another in a long list of misguided and out-of-touch policies. It demonstrates that after eight years under the Prime Minister, Canada is broken. Legislation that seeks to regulate and oppress Canadians has been the norm under the Liberal government. While Canadians are facing a cost-of-living crisis, struggling to feed their families and to heat their homes, their government is focusing its resources on extending its already heavy hand into the everyday lives of its citizens.

The bottom line is that the Liberal government has failed to be transparent and continues to show contempt for democracy and parliamentary procedure by consistently using heavy-handed measures to adopt what can only be described as oppressive and unprecedented legislation without proper scrutiny.

Bill C-11 is nothing but another Liberal assault on Canadian citizens and their personal freedoms. That is why it failed in the Senate and why even a modified version ought to be voted down by the House. If it is not, I hope the Senate does the right thing and punts it back to the House with even more amendments.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, as it goes with diplomatic relations, she may not have come out and said what she said to the press at committee because she wants to know the progress of the bill. She is interested to know whether the government would consider the amendments that the Senate made, which are very sound, and recognize that we want to exclude user content.

Yes, it is fine for people, in the definition of the Senate amendment, who have been assigned a unique identifier under an international standards system, have uploaded to an online undertaking in social media that is the exclusive licensee of copyright, is a program or significant part of which has been broadcast by a broadcast undertaking, or is required under a licence.

It is clear that the Senate intended that those were the people the CRTC should be regulating and not individuals. I am sure that what was quoted in multiple news organizations about what the U.S. thinks is true, that it has a concern with Bill C-11 and the government needs to listen to it.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, normally I would say it is a pleasure to rise and speak in this House, but I am very sad to hear the tone of the debate tonight, with personal attacks and insults against many members just because they have a different view. That is not our country. It is not why we are here in this House. We are elected to come and share a different view.

Bill C-11 is a bill that is purported to be about the modernization of the CRTC in the digital age, and everyone in this House is okay with that. Everyone agrees we need to modernize.

However, there has been an assertion that we need to make everyone pay their fair share, and that is certainly a principle everybody would be on side with, but the reality is right now these large streamers they are talking about are putting $5 billion into the Canadian economy. This bill, if implemented, would put $1 billion in.

Already, I would tell members this is not really what is behind this bill, and my concern as the shadow minister for civil liberties has to do with people's charter rights and freedoms. Let me just refresh one's memory about what the Charter of Rights and Freedoms says in section 2(b), which is everyone has the “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” We are supposed to have freedom.

There have been claims of misinformation and disinformation. In fact, on Twitter, the Minister of Heritage put out some things I want to go through one at a time about what the bill is and what the bill is not, because Canadians are listening to it all and are not sure what to believe.

The minister says that Bill C-11 would not tell Canadians what to watch. For this one, I want to do the fork analogy. Let us say somebody decides to go hide all the forks in the house in the hall closet. Then they tell Canadians they have the freedom to choose whatever utensil they want to eat with, so Canadians open the drawer and see spoons, knives and various things, but there are no forks. Now, if they want to spend the time to go hunt through the house, they can find those forks in the hall closet, so absolutely, they have the choice of what to eat with, but in fact, by burying the forks in the hall closet, the government has effectively impacted what Canadians can watch, or what they can eat with.

The minister also says that this is not going to infringe on free speech. However, what this bill would do is allow the government in council, that is cabinet, to determine the criteria that will be used by the CRTC to bury content. I am not saying I could be in the minds of the members opposite, but I am sure, from the commentary I heard tonight, they hate Conservative ideology. That would be fairly obvious to me tonight.

If somebody was posting content with Conservative ideology, perhaps the criteria the minister would set for the algorithms would say to bury that. We do not know what the criteria are, because even though the CRTC indicated the Minister of Heritage would set those and the Minister of Heritage said he had given consideration and in due course would reveal them, we do not know what they are. From an open and transparent government, we have no transparency on what the criteria are that will censor content, or bury it.

The Senate studied this and gave due consideration. It said it really had a problem with the government of the day, whatever government it was, deciding which individual content to bury. Yes, the government gets that people are making money off the Internet, streaming services and everything else. It wants to make sure Canadian content is out there and promoted, but individuals would be excluded, so the Senate brought an amendment to exclude that. The Liberal government rejected it, which says to me and to many Canadians it wants to have the ability to control what individuals put out. That is unacceptable.

In addition, the minister said that the bill would not create censorship on the Internet, but anything that can shut down content is a form of censorship. We know that in a healthy democracy, criticism of the government of the day and the ability to speak freely are essential elements. It is only in communistic governments that the government of the day determines what one can see, what one cannot see, what one can say and what is unacceptable. That is not democracy, and that is not what we want in Canada.

The final point from the minister is that any ridiculous things that the Conservatives come up with are to scare Canadians. Well, in addition to that being insulting, did the Liberals not listen to the many digital creators who came to committee and objected to the bill? Did they not listen to Canadian icons, like Margaret Atwood, who is criticizing the bill for its definition of Canadian content and for the ability of the government to tell her what to write or whether it is going to be promoted or not. I think that is ridiculous.

The other thing is that it is not just Conservatives who have concerns about the bill, and I have mentioned a few, but how about President Joe Biden? President Joe Biden has a concern about Bill C-11, and we were all here in the House on Friday to hear and to talk about the long-standing friendship between the United States and Canada. So let us hear what they have to say about Bill C-11.

This is from The Canadian Press:

Washington has raised concerns about the trade implications of Ottawa's online-streaming bill, prompting a legal expert to warn that Canada could face hundreds of millions of dollars of retaliatory tariffs if it becomes law. U.S. Trade Representative Katherine Tai expressed disquiet about the proposed legislation, known as Bill C-11, during talks earlier this month with International Trade Minister...at the Canada-United States-Mexico Agreement (CUSMA) Free Trade Commission ministerial meeting. The online-streaming bill, which has passed the House of Commons and...the Senate, would force American-owned platforms, including YouTube, Netflix and Amazon's Prime Video, to promote Canadian TV, movies, videos or music, and help fund Canadian content.

This is from True North:

The United States government has waded into the fight against two digital regulation laws being considered by the federal Liberal government. US Trade Representative and Ambassador Katherine Tai met with Canadian Minister of International Trade...on Wednesday to discuss Bill C-11 and Bill C-18. In a readout of the meeting, Tai stated that the US side “expressed concern” about the two laws discriminating against American businesses and content creators.

We have heard all of the rhetoric about how the U.S. is our strongest trading partner and that it is the most important relationship we have. Our friends to the south have expressed concern about the bill. Will this Liberal government not even consider their concern? Will it not even address their concern? I think that is unhealthy for Canadians and unhealthy for our relationship with our neighbour to the south.

Let us talk about the lack of transparency on what will be voted upon or what will be buried. We have asked for over a year, and if there is nothing wrong with the criteria, why not share it?

Then there is the Canadian content definition, and I mentioned Margaret Atwood earlier. The Handmaid’s Tale, which she wrote, unfortunately is not Canadian content, because even though Canadian actors acted in it, etc., and it was filmed here, the head company is from the U.S., and so it is not Canadian content.

I think that there is a pattern with this government of eroding our freedoms, and I see this as another slice of a thousand cuts in terms of freedom of speech, freedom of religion, freedom of the media, and I could go on.

I know that there are people here who want to ask questions, but all I am saying is that our neighbours to the south have raised concerns, digital creators have raised concerns, we are raising concerns, and there is no transparency coming from the other side on the bill, and so it is time to take a pause.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, these came in over the weekend, and this afternoon, I had an email from my constituent Bob that I will share. It has an interesting spin. He said that what is lost in this bill is that, while the government is forcing Facebook and all to pay for news, those same media of Global, CBC and CTV are taking photos from his Instagram and Facebook pages and using them without payment. There is an interesting one.

The other email is a concern from a YouTuber. He is worried about the government overreach on Bill C-11.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, I would like to thank my hon. colleague for his years of service. I also heard him say that he had a face for radio, and I did not realize that he had been on TV as well.

He mentioned, in his deliberations, all the emails he got from concerned Canadians. I wonder if he could share some of those with the House, from individuals who have legitimate concerns about what Bill C-11 is and how it would impact them.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, did the member for Nunavut know the indigenous met with the minister and stormed out of the office, they were so upset over the regulations on Bill C-11, even Bill C-10? The indigenous, the Inuit and others are not happy with what has transpired.

They do need their voice up north. If CBC was doing such a good job, we would probably not have needed APTN in this country. It is funny that APTN has taken over the voice of the indigenous people because the public broadcaster could not carry it. That has opened a window for those in Winnipeg and at APTN.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, I did hear Gord Sinclair, and I thank the hon. member for bringing him up. Yes, through the sixties, seventies and eighties, when radio stations were forced to hit rates of 30% or 35% in Canadian content, there was a lot of Canadian talent that made a lot of people in the industry successful. We could go on for an hour naming the successful people that CanCon created. This was very much so in the radio days, but that is no more. In fact, the department does not know how much revenue Bill C-11 would bring in.

It has no idea, but over a billion dollars has been put into this country by the big giants for production. I have talked about Toronto, Regina, Vancouver, Winnipeg and Calgary. These are tremendous production houses, which I fear would have closed years ago.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, I will be sharing my time tonight with the member for Sarnia—Lambton.

It has been really interesting to sit here listening to the debate because I have sat on the heritage committee for years and went through all the testimony on Bill C-10 and Bill C-11. The only thing I agree on is that the former heritage minister knew nothing about Bill C-10 and that is why he was replaced. I would say the current heritage minister knows very little about Bill C-11, and he too should be replaced. This is an interesting conversation we are having here tonight.

I say that because, when one sits in committee and hears testimony after testimony twice a week for four years, it is kind of interesting. It is true that this bill a dumpster. We have seen it since day one when the former heritage minister tried to explain it. It came back to the House early in June and then we shoved it off to the Senate, only to have the unnecessary election and the bill died. How serious were the Liberals on that? They had an election that did not have to be called if Bill C-10 were so important, but, no, they shoved it to the Senate, called an election that did not need to be called and the bill died. We had to start all over and two years later, here we are again on Bill C-11, and the Liberals are still arguing the same points as they did on Bill C-10. It is interesting.

Now we are dealing with the Senate's proposal on this bill. I will say that the Senate, in my estimation, did a fairly good job on this. It worked hard on this. It spent weeks on Bill C-11. It did not like what we sent it, we being the House of Commons and the committee, so it spent weeks going over this. In fact, it had 26 amendments that it recommended the government look at and put in the bill. That speaks volumes. We never get that many amendments from the red chamber.

Out of the 26 amendments, we understand the government took 18, but it did not take eight. For whatever reason, the government did not like eight amendments from the Senate, which I will get to in just a moment. The concern remains on all sides of the Senate. I know they are flipping each way over there, but they all agreed this bill is a disaster.

In the Conservative caucus, we have talked about this since day one. We have been very vocal on this bill for very good reason. We are very concerned with the Canadian Radio-television and Telecommunications Commission's involvement in Bill C-11. I am very concerned. I do not think it has the capability, in fact I will say that I know it does not have the capability, to really do what is necessary in Bill C-11.

It is not just the Conservative caucus talking about its concerns with Bill C-11. We have heard it from industry experts. We have heard it from academics, content creators and digital platform users. Everybody who came to committee over the last number of years expressed the same concern. Former CRTC vice-chair Peter Menzies spoke twice in committee about his concerns with Bill C-10 and Bill C-11. Dr. Michael Geist has been the most vocal on this, and he should be because he is Canada research chair in Internet law. I think he is one of the foremost thinkers in the country when it comes to Internet regulation. He has written oodles of articles not only denouncing Bill C-10 but also, recently, Bill C-11.

The government claims the platforms must pay their fair share. I have heard over and over today the government claiming that platforms must pay their fair share. This just in: They actually do. The government says it is long overdue. Platforms are among the biggest investors today in Canadian film and television production. There are all-time records in Toronto, Winnipeg, Regina and Vancouver. The business has never been so good. Why is that? It is because Americans are hiring Canadians to do their productions from Toronto, Calgary, Regina, Winnipeg and Vancouver. I could go on and on about the tremendous support in this country for working, paying taxes and shooting documentaries.

TV networks, such as CBC, CTV and Global, do not do documentaries anymore because they are too expensive. However, Netflix and Amazon do documentaries because there is skin in the game. They put well over $1 billion into this country's film and TV production, which is later shown either on streaming devices or sold to the traditional broadcasters.

The Liberals say that we need to support the next generation of Canadian artists. However, Bill C-11 would hurt Canadian artists the most. The Senate was absolutely convinced on this issue. We were, too, on Bill C-11, as were many digital creators, who risk being harmed by the CRTC regulation.

I heard the member for Nunavut the other day, and again a couple of moments ago, explaining that there is concern with this. The concern should be up north, where their voices have never been heard. CBC does not go up there. CTV would not go up there, and Global does not go up north to tell indigenous, Inuit stories. It is too expensive. However, here we have Netflix and Amazon giving us the stories of Canadian people. TV and film production is at its all-time high in this country.

We were told in committee by the largest entertainment workers union, Unifor, that streamers are now the largest employer in this sector. No longer is it CTV, Global or CBC. It is the streamers that are the largest employer in the sector. We can see how it has grown.

I am a 40-plus year veteran of television. I have seen the decline in television, but the gap has been filled by streamers and production houses from others that had to come into this country to put money on the table to produce some of the greatest innovation this country has ever seen.

My fear now is that CanCon demands and higher regulatory costs would mean that many streaming services from around the world could block Canada. The biggest concern, and I have talked about this, is regulating user content. This was one of the eight Senate amendments rejected by the government. I pointed that out. It appears that the government wants to retain the power to regulate. Instead of listening to experts, the Liberals are catering to the needs of big telecom companies, which basically hold the monopoly, and they have for decades, over broadcasting in this country.

One more time, I am going to talk about the CRTC because I am fearful of it today. The CRTC, as we have seen, is a body with little or no accountability. I would argue it is one of the least effective regulatory bodies in the whole country today. It is a body that can barely handle the responsibilities that it has. For starters, the CRTC has been totally ineffective at managing Canadian telecoms. We have the least competitive and most expensive telecommunication industry in the world. I blame the CRTC. Canadians today pay the highest prices for cell phones and Internet. Many, in fact, do not even have broadband in this country.

Then there is that three-digit suicide prevention line, which this place unanimously voted for in December 2020. How easy would that be to put into action? The CRTC, in its wisdom, has taken a year and a half for a simple three-digit suicide prevention line. How can we expect the CRTC to address the problems of broadcasting when we already know it has no idea how to handle its responsibilities?

The big issue with Bill C-11 is the CRTC and the Governor in Council. Canadians have woken up. I have gotten lots of emails in the last couple of days. I can share them during questions and comments. This is a bill that Canadians should be very fearful of.

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Madam Speaker, I thank my hon. colleague for his very interesting speech and historical look at this, as well as explaining different technical terms.

Since we come from the same neck of the woods in Quebec, I would like to hear my friend and colleague speak about the importance of creating that space for Quebec content via Bill C-11.