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 third time and passed, and of the amendment.
Pablo Rodriguez Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.
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.
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 third time and passed, and of the amendment.
Greg McLean Conservative Calgary Centre, AB
Mr. Speaker, my hon. colleague talked about the cultural juggernaut of the United States and how this bill is meant to forestall that cultural juggernaut.
However, over the last several months, we have been in the House debating bills that pertain to issues that primarily arise in the United States. In as much as we are culturally juggernauted by the United States, we seem to be responding to it in the House. I am hoping that the member does not have a bill in front of the House that he is supporting that would actually lead to more of that or bring in more U.S. culture and politics. Could he address that?
It is not his party's practice to keep these issues out of Canadian politics.
George Chahal Liberal Calgary Skyview, AB
Mr. Speaker, what this bill does is it makes sure that we become a juggernaut when it comes to supporting Canadian music, artists and talent. I can tell members that my constituents and many great artists need and want the opportunities to flourish and to be able to become those great artists, many of the great artists that I mentioned a few minutes ago in my speech.
This bill also makes sure that we can support those Canadian artists and content, as well as support Black, indigenous and racialized communities across Canada.
Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC
Mr. Speaker, I will be brief. We are among friends, it is late and we are chatting. The government just gave notice of a time allocation motion. I must say that this in no way comes as a surprise.
I would like to know what is going on with the official opposition. We are trying to regulate and protect content, not control it. I do not understand.
Why does my colleague think the official opposition is so opposed to Bill C‑11?
George Chahal Liberal Calgary Skyview, AB
Mr. Speaker, it is unfortunate that we see constant delays by the official opposition in bringing forward important legislation that supports Canadians from coast to coast to coast. This bill does that. It supports Canadian content and artists, to the contrary of what the opposition is saying. It is unfortunate the Conservatives do not want to support an important bill to help modernize, from the 1990s, the Canadian Broadcasting Act. This bill brings opportunities for Canadian content and for better funding and support for Canadian artists to thrive from coast to coast to coast in both official languages, and it supports Black, indigenous and racialized communities as well.
Laurel Collins NDP Victoria, BC
Mr. Speaker, this bill is a step in the right direction, but web giants like Netflix, Facebook and YouTube still do not pay their fair share. What is needed is a digital services tax, a tax that would require these web giants to pay their fair share on the profits they are earning here in Canada. I wonder if the member would commit to pushing his party to ensure that web giants pay their fair share.
George Chahal Liberal Calgary Skyview, AB
Mr. Speaker, this bill is extremely important because it mandates that many of those companies the member mentioned contribute to the system to support Canadian content. I am in support of that. I am supportive of the Canada Media Fund being well funded to support Canadian content, and all broadcasters should contribute to that. I look forward to working across the aisle with my colleagues to see how we can improve that and how we can make sure that all broadcasters contribute to that so that local artists and contributors to Canadian content can thrive and survive in this highly competitive industry.
Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC
Mr. Speaker, over the years, I have had many conversations with content originators, mainly musicians, who have complained that in the current online environment it is almost impossible to make a living, and it is suffocating the Canadian music industry. I wonder if the member could tell us more about how this bill will help them to survive and thrive.
George Chahal Liberal Calgary Skyview, AB
Mr. Speaker, it is so important to make sure that Canadians who are working hard to bring forward music, and artists, have the opportunity to do so. I can tell the member about, in my riding of Calgary Skyview, a number of artists, such as The PropheC, who from a young age has been creating music and is now an international success. He is from a racialized community. Jarnail Aielonn is somebody who supports working hard by day, but in the evening he is producing great music and content around the world. It will help people like that across the country who currently do not have the opportunity to flourish and provide great content and great music for all of us to enjoy.
Shafqat Ali Liberal Brampton Centre, ON
Mr. Speaker, I thank the hon. member for Calgary Skyview for sharing his time with me.
I respectfully acknowledge the Anishinabe people as I join the debate from the national capital region located on the unceded traditional territory of the Algonquin nation.
It is an honour to rise in the House today to speak in support of Bill C-11, the online streaming act. This bill represents an important milestone in supporting Canadian culture, both today and into the future. Some critics of the bill have questioned the need to safeguard Canadian culture, and I would like to take the opportunity today to talk about some of the unique benefits provided by the Canadian broadcasting system.
While online broadcasters are an important element of the Canadian system in this day and age, some genres like sports remain the mainstay of traditional broadcasters. With this legislation, the sports programs that Canadians currently enjoy would remain available in the future as technologies evolve and business models change.
Canada has a rich history of athletic excellence, and Canadian broadcasters have been there to capture these moments and share them with our fellow Canadians. In the earliest days of radio, Foster Hewitt would welcome fans to hockey broadcasts on Saturday nights with his iconic sign-on: “Hello, Canada, and hockey fans in the United States and Newfoundland.”
Broadcasting helped inspire a love of one of our national sports for generations of Canadians. Broadcasters have covered innumerable Stanley Cups, the historic summit series between Canada and the U.S.S.R. at the height of the Cold War, and both our men's and women's national teams winning gold medals on home soil in the 2010 Winter Olympics, hosted by Vancouver. Moments like these bring Canadians of all backgrounds together. They are fun, entertaining and dramatic. Such experiences strengthen the cultural fabric and sense of sovereignty of our country.
It is not just hockey that broadcasters showcase for Canadians. Through the small screen, Canadians have seen numerous remarkable athletic achievements. Television and radio have chronicled the Toronto Blue Jays, first in 1992 then again in 1993, and the Toronto Raptors in 2019, becoming the first champions from outside the United States in professional baseball and basketball respectively.
We watched as Mike Weir became both the first Canadian and the first left-handed golfer to win the Masters in 2003. Similarly, Georges St-Pierre won two UFC welterweight championships, cementing his reputation as a renowned athlete and possibly the best MMA fighter ever. Traditional broadcasters, through a range of offerings like basic cable and pay-per-view television, have allowed us to follow these careers and share in these exciting moments.
We saw Donovan Bailey go down in history as the fastest man in the world when he won Olympic gold in 1996. We marvelled when Bianca Andreescu captured the first tennis singles major in Canadian history by winning the 2019 U.S. Open.
The country was captivated by one of the most inspiring athletic achievements in history when Terry Fox ran 5,300 kilometres across Canada in 143 days to raise money for cancer research during the Marathon of Hope.
Sports and athletic achievements are without a doubt an important part of Canadian culture. Canadian athletes set records and break ground. They reflect the diversity of our country, and we can celebrate their athletic accomplishments in real time, in part because these sports programs are made available through our broadcasting system.
Cross-country skier and biathlete Brian McKeever has a career total of 17 medals and is now Canada's most decorated winter Paralympic athlete, an honour previously held by the late Lana Spreeman. The Paralympic Games raise the profile of accessible sports with coverage by CBC and by other broadcasters. In the recent winter 2022 Paralympic Games, Canada ranked third as a country, bringing home 25 medals.
As a particular point of pride, Canada is a leader in women's sports and making strides toward gender equity in the field. For instance, when Christine Sinclair scored her 185th international goal, she broke the scoring record for both men's and women's international soccer. Quinn became the first transgender, non-binary athlete to earn a medal when the Canadian women's soccer team won gold at the 2020 Tokyo Olympics.
Moments like these inspire Canadians and create a shared sense of national pride and unity. Canadian broadcasters have played a key role in sharing these events with Canadians. That is why Bill C-11—
The Deputy Speaker Chris d'Entremont
Order. We have a point of order from the hon. member for Perth—Wellington.
John Nater Conservative Perth—Wellington, ON
Mr. Speaker, I want to give the member for Brampton Centre a couple of seconds to sit down and maybe collect his thoughts, because he might be reading the wrong speech from the department. It does not seem to be relevant to Bill C-11. I enjoy the walk down sports history lane, but I do not see the relevance to Bill C-11. Perhaps the department gave him the wrong speech.
The Deputy Speaker Chris d'Entremont
I thank the member for the interruption. It is not a point of order.
I will recognize the hon. member for Brampton Centre.
Shafqat Ali Liberal Brampton Centre, ON
Mr. Speaker, sports and broadcasting have a strong relation. They go together, and that is the history I am talking about. Bill C-11 is important because broadcasters are directly related with this and sports history is really important to tell to Canadians.
Just as a level playing field is vital for sports, it is equally important in broadcasting. Requiring online broadcasters to contribute to the broadcasting system in an equitable manner will help ensure that significant sports moments continue to be broadcast to all Canadians.
In conclusion, without a doubt our culture includes sports teams and leagues, big and small, that we follow as aspiring players ourselves. Whether fair-weather fans or steadfast fans, we are fans across the country.
Bill C‑11 is important for many reasons. I am pleased to have the opportunity to speak today on how modernizing the legislation would level the playing field between traditional and online broadcasters so that both can compete in a fair manner that is sporting after all.
John Nater Conservative Perth—Wellington, ON
Mr. Speaker, I thank the member opposite for his sports analogies. I am not sure how they are relevant to Bill C-11, since sports are actually not entirely captured in Bill C-11, since Canadian broadcasters use sporting commentary to fulfill their CanCon requirements, but since he is on sports, I wonder if he would join me in condemning Hockey Canada for failing to disclose, four years ago, a sexual assault that occurred in London, Ontario.
Will he join me in condemning Hockey Canada for covering that up for the last four years?