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.

Telecommunications Act

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, it is always an honour and a privilege to rise in this place, and it is nice to join the debate on the topic at hand.

When we talk about cybersecurity, there are so many different factors that go into it. I recognize that the bill before us largely has to do with telecommunications companies, bigger companies, and perhaps with government institutions as a whole. However, as we are having this conversation, we need to recognize and address the fact that the risk presented through cybersecurity extends much beyond that. With the current generation of kids being raised, kids are heavily involved in using cellphones, video game systems and computer consoles, for example, and are curious by nature. They are more at risk of clicking on a link that they do not know or realize is harmful. We know that is quite often how a lot of bad actors exploit weaknesses in computer systems in businesses or in homes. It is important to have that context out there early as we start the debate on this bill.

I want to get into a few specific parts of the bill at the start. First, it proposes to amend the Telecommunications Act to make sure the security of our Canadian telecommunications system is an official objective of our public policy, which is not a bad idea in and of itself. Second, it would create a new critical cyber systems protection act. The stated goal is to have a framework in place that would allow for better protection of critical cyber-services and cyber systems, which impact national security and public safety.

Some of the proposals include the designation of services or systems deemed to be “vital” for the purposes of this new act, along with designating classes of operators for these services or systems. The designated operators in question could be required to perform certain duties or activities, including the implementation of security programs, the mitigation of risks, reporting security incidents and complying with cybersecurity directions. Most significantly, Bill C-26 would authorize the enforcement of these measures through financial penalties or even imprisonment.

Anybody hearing these few examples listed in the preamble probably thinks this sounds like common sense, and I would generally agree with them. However, there is a problem, especially with the last one, which has to do with directions, because it is quite vague. These points should raise some obvious questions. How are we defining each of them? What are the limits and the accountability for using these new powers? It is fair to have these general concerns when we consider any government, but Canadians have reason to be especially wary with the one currently in power based on the Liberal record itself.

Unfortunately, the most recent and disturbing revelations related to foreign interference in two federal elections, which allegedly included working with an elected official, are not the only things we need to talk about. Here is another example. For a number of years, the Conservatives were demanding that the Liberals ban Huawei from our cellular networks. Despite all the warnings and security concerns, they delayed the decision and left us out of step with our closest partners in the Five Eyes. We had been calling it out for years before they finally decided to make the right decision thanks to pressure from Canadians, experts, our allies and the official opposition.

It was not very long ago, almost a year, when the announcement to ban Huawei came along. As much as it was the right decision, it should have been made much sooner. To say that is not a complaint about some missed opportunity in the past. The delay caused real problems with upfront costs for our telcos, and it created extra uncertainty for consumers.

Prior to becoming a member of Parliament, I worked for a telecommunications company in Saskatchewan. When we look at how big and vast our country is, we start thinking about how much equipment is required for one single telecommunications provider in one province, like SaskTel, the company I worked for. We can think about how much equipment it would have ordered or pre-ordered and potentially would have had to replace based on the government taking so long to make up its mind on whether or not to ban Huawei. If we look at some of the bigger companies out there, it is the same thing. There are the upfront costs they would have had to incur, and then the new costs if they had to replace all their equipment on top of that. This was simply because the government dragged its feet on such a big decision.

We have learned a lot of other things about foreign interference since then that need to be properly addressed and independently investigated. We need a public inquiry, at the very least, into some of these issues. However, once again, the Liberals are refusing to do the right thing for as long as they possibly can. It is clearer than ever before that we need to get a lot more serious about our cybersecurity, because what we are really talking about is our national security as a whole. These two things are closely intertwined, and having this conversation is long overdue.

We are happy to see the issue get more of the attention it deserves. Canadians have a lot of questions and concerns about it that should not be ignored. That is why it is a priority for Conservatives on our side of the House, and we are not going to let it go.

While we work to carefully review Bill C-26 in this place, we want to make sure that it will be effective and accomplish what it is supposed to do. It needs to protect Canadians living in a digital world. At the same time, it should not create any new openings for government to interfere with people's lives or abuse power.

After all, we are waiting for Bill C-11 to return to the House with all the problems it has, including the risk of online censorship. The problem is that whether it is about Huawei or the latest scandal about foreign interference, the Liberal government has failed to act, and it has undermined trust in our institutions. Therefore, it is hard to take it seriously when a bill like this one comes forward. The government's failure in this area is even more frustrating because we should all agree that there is a real need to strengthen cybersecurity. That is what experts and stakeholders have been telling us over many years. Canadians have had to wait for far too long for the government to bring something forward.

Make no mistake: This bill is flawed, and it will require more work to make sure that we get it right. However, the fact that we are talking about the issue right now is a small and necessary step in the right direction.

There are a few points I would like to mention.

Part 1 of this bill will allow the federal government to compel service providers to remove all products provided by a specified person from its networks or facilities. First of all, that puts a lot of companies at risk of having adversarial agreements signed in the future. If I were a company trying to sign an agreement, I would be doing everything I could to make sure that someone is not going to put a clause in there that if the government forces its removal, there is going to be an extra fine levied on the company. The problem with this bill is that it exposes companies to having these bad contracts negotiated, signed and forced on them by bad actors.

Under the new critical cyber systems protection act, the minister would be able to direct and impose any number of things on a service provider without giving them compensation for complying with the orders. Earlier, I was talking about the upfront costs paid by telcos trying to advance their networks to provide the products and services that their clients and customers want and need, especially as the world moves forward in a more digital fashion. The government is going to force them to do something without any compensation or without the ability to have help dealing with these changes. I think this is something that needs to be reconsidered in this bill.

That leaves service providers in a position where they have to pay for complying with potentially arbitrary orders or face legal penalties, such as the ones I mentioned earlier: fines or even imprisonment.

Again, we do have a desperate need to improve our cybersecurity regime, but these problems show that the bill is poorly written. By seeking to implement personal liability for breaches of the act, it will incentivize skilled Canadian cybersecurity professionals to leave Canada to find jobs elsewhere. This phenomenon, commonly known as the brain drain, is emerging as a severe issue for our economy, in some part thanks to the policies of the government.

Thousands of skilled, highly employable Canadians move to the United States thanks to the larger market, higher salaries and lower taxes, while very few Americans move to Canada to do the same. This issue is bigger than just the cybersecurity sector. Thanks to this government, we are losing nurses, doctors and tech workers to the United States. All the while, professionals who immigrate to Canada are being denied the paperwork they need to work in the field they are trained for because of the ridiculous red tape that plagues our immigration. Given that we are already short 25,000 cybersecurity professionals in Canada, is it wise to keep incentivizing them to go to the States?

Another massive problem with this bill is that it opens the door for some extreme violations of individual privacy. It also expands the state's power to use a secret government order to bar individuals or companies from accessing essential services. While we must improve our framework against cybersecurity attacks, drastically expanding what cabinet can do outside the public eye is always a bad idea. Accountability to the people and Parliament has always been an essential part of how we are supposed to do things in Canada. It is, however, not surprising that the current government would advocate for more unaccountable power. After all, government members have been anything but transparent. They have hidden information from Canadians to protect their partisan interests.

Canadians deserve to know what the government is doing. We must always uphold the principle that everyone is innocent until proven guilty. Giving cabinet the right to secretly cut Canadians off from essential services could threaten to erode this fundamental right.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I am sure the hon. member across the way, having not had an opportunity to ask the Thursday question and not having been granted that opportunity, might be somewhat confused about the nature of the Thursday question or what it would be about, so of course we excuse him for that.

This afternoon, we are going to be concluding second reading debate of Bill C-26, concerning the critical cyber systems protection act. I would also like to thank all parties for their co-operation in helping to conclude that debate.

As all members are aware, and as I am sure you are aware of and quite excited for, Mr. Speaker, the House will be adjourned tomorrow for the address of the United States President, President Joe Biden.

On Monday, we will be dealing with the Senate amendments in relation to Bill C-11, the online streaming act.

Tuesday, we will continue the debate at second reading of Bill C-27, the digital charter implementation act, with the budget presentation taking place later that day, at 4 p.m.

Members will be pleased to know that days one and two of the budget debate, which I know members are anxiously awaiting, will be happening on Wednesday and Thursday, respectively.

On Friday, we will proceed to the second reading debate of Bill C-41, regarding humanitarian aid to vulnerable Afghans.

Telecommunications Act

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, it is a pleasure to rise and join the debate this morning in the House of Commons. I will be sharing my time with the member for Fort McMurray—Cold Lake.

Bill C-26 is a bill that addresses an important and growing topic. Cybersecurity is very important, very timely. I am glad that, in calling this bill today, the government sees this as a priority. I struggle with trying to figure out the priorities of the government from time to time. There were other bills it had declared as absolute must-pass bills before Christmas that it is not calling. However, it is good to be talking about this instead of Bill C-21, Bill C-11 or some of the other bills that the Liberals have lots of problems with on their own benches.

Cybersecurity is something that affects all Canadians. It is, no doubt, an exceptionally important issue that the government needs to address. Cybersecurity, as the previous speaker said, is national security. It is critical to the safety and security of all of our infrastructure. It underpins every aspect of our lives. We have seen how infrastructure can be vulnerable to cyber-attacks. Throughout the world, we have seen how energy infrastructure is vulnerable, like cyber-attacks that affect the ability to operate pipelines. We have seen how cyber-attacks can jeopardize the functioning of an electrical grid.

At the local level, we have experienced how weather events that bring down power infrastructure can devastate a community and can actually endanger people's health and safety. One can only imagine what a nationwide or pervasive cyber-attack that managed to cripple a national electrical grid would do to people's ability to live their lives in safety and comfort.

Cyberwarfare is emerging as a critical component of every country's national defence system, both offensively and defensively. The battlefield success of any military force has always depended on communication. We know now just how dependent military forces are on the security of their cyber-communication. We see this unfolding in Ukraine, resulting from the horrific, criminal invasion of that country by Putin. We see the vital role that communication plays with respect to the ability of a country to defend itself from a foreign adversary, in terms of cybersecurity.

I might point out that there is a study on this going on at the national defence committee. We have heard expert testimony about how important cybersecurity is to the Canadian Armed Forces. We look forward to getting that report eventually put together and tabled, with recommendations to the government here in the House of Commons in Canada.

We know that critical sectors of the Canadian economy and our public services are highly vulnerable to cyber-attack. Organized crime and foreign governments do target information contained within health care systems and within our financial system. The potential for a ransom attack, large and small, is a threat to Canadians. Imagine a hostile regime or a criminal enterprise hacking a public health care system and holding an entire province or an entire country hostage with the threat to destroy or leak or hopelessly corrupt the health data of millions of citizens. Sadly, criminal organizations and hostile governments seek to do this and are busy creating the technology to enable them to do exactly this.

The Standing Committee on Access to Information, Privacy and Ethics conducted three different studies while I was chair of that committee that were tied to cybersecurity in various ways. We talked about and learned about the important ways in which cybersecurity and privacy protection intersect and sometimes conflict. We saw how this government contracted with the company Clearview AI, a company whose business is to scrape billions of images from the Internet, identify these images and sell the identified images back to governments and, in the case of Canada, to the RCMP.

We heard chilling testimony at that committee about the capabilities of sophisticated investigative tools, spyware, used by hostile regimes and by organized crime but also by our own government, which used sophisticated investigative tools to access Canadians' cellphones without their knowledge or consent. In Canada, this was limited. It was surprising to learn that this happened, but it happened under judicial warrant and in limited situations by the RCMP. However, the RCMP did not notify or consult the Privacy Commissioner, which is required under Treasury Board rules. This conflict between protecting Canadians by enforcing our laws and protecting Canadians' privacy is difficult for governments, and when government institutions like the RCMP disregard Treasury Board edicts or ignore the Privacy Commissioner or the Privacy Act, especially when they set aside or ignore a ruling from the Privacy Commissioner, it is quite concerning.

This bill is important. It is worthy of support, unlike the government's somewhat related bill, Bill C-27, the so-called digital charter. However, this bill, make no mistake, has significant new powers for the government. It amends the Telecommunications Act to give extraordinary powers to the minister over industry. It is part of a pattern we are seeing with this government, where it introduces bills that grant significant powers to the minister and to the bureaucrats who will ultimately create regulations.

Parliament is really not going to see this fleshed out unless there is significant work done at committee to improve transparency around this bill and to add more clarity around what this bill would actually do and how these powers will be granted. There have been many concerns raised in the business community about how this bill may chase investment, jobs and capital from Canada. The prospect of extraordinary fines, without this bill being fleshed out very well, creates enormous liability for companies, which may choose not to invest in Canada, not fully understanding the ramifications of this bill.

There is always the capture. We have seen this time and time again with the government. It seems to write up a bill for maybe three or four big companies or industries, only a small number of players in Canada, and yet the bill will capture other enterprises, small businesses that do not have armies of lobbyists to engage the government and get regulations that will give them loopholes, or lawyers to litigate a conflict that may arise as a result of it. I am always concerned about the small businesses and the way they may be captured, either deliberately or not, by a bill like this.

I will conclude by saying that I support the objective. I agree with the concern that the bill tries to address. I am very concerned about a number of areas that are ambiguous within the bill. I hope that it is studied vigorously at committee and that strong recommendations are brought back from committee and incorporated into whatever the bill might finally look like when it comes back for third reading.

Historic Places of Canada Act

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

Mr. Speaker, it is always a pleasure to rise to speak in the House. Today, we are talking about Bill C-23, an act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage. Fortunately, it also has a short title: the historic places of Canada act.

This bill is an attempt to follow up on one of the recommendations from the truth and reconciliation report. Members will recall that the Right Hon. Stephen Harper made an official apology to first nations people for the residential school situations. He then commissioned this truth and reconciliation report, which came with over 90 recommendations. Recommendation number 79 is the one that this act is trying to address. Conservatives absolutely support this. Stephen Harper started it, and so we definitely want to see this come to pass and to send it to committee.

In my talk today, I am going to reflect on some of the concerns that I have with the bill, and as usual, some recommendations on how to fix them.

I will start with subclause 43(3). What happens in the parks part of this bill is that the park rangers would be given new authorities. They would be given similar authorities to what peace officers have. They would then carry out their work. Basically, I want to read subclause 43(3) because it is very concerning. It states:

A park warden or enforcement officer may exercise any powers under [search and seizure] without a warrant if the conditions for obtaining a warrant exist, but by reason of exigent circumstances it would not be practical to obtain one.

It would obviously be a violation of section 8 of our Charter of Rights and Freedoms to search and seize without a warrant, so the important part of that phrasing is “exigent circumstances”. However, I do not know that a park ranger would necessarily understand that they would normally get a warrant, but if someone were going to be injured or some building were going to be destroyed or something, there may be some urgent circumstance. Moreover, there is no indication of a requirement for training on that. Therefore, there needs to be some training.

The second concern I have with this bill is that it would give additional powers to the minister and to the Governor in Council, which is essentially cabinet, to designate places or to prevent a place from being designated. That is way too much power to give to the Minister of Environment and Climate Change. I say that because he has a history of doing things to influence the outcomes that he likes or does not like.

For example, in 2022, he decided to put in regulations about migratory birds, which caused a delay in the Trans Mountain pipeline project. He has already said he never wants to see that project built. I would not want a situation where there is some kind of project or natural resources thing that is in the national public interest and the minister has the sole power to decide to designate a heritage place that would become a barrier to that project. We do not need to put that kind of power in his hands. We have to keep in mind that this is the minister who, in his former life, was arrested for his environmental activism. For example, in my riding, I have a heritage site that is where oil was first discovered in North America. I do not ever want to see the minister have the power to decide that is not going to be a designated site anymore. That sole-power thing is a problem, and there need to be checks in place.

Under clause 34, another thing the Governor in Council, which is really cabinet, could do is to make regulations on about 18 different circumstances. This is becoming a chronic problem with bills that the Liberal government brings forward. The Liberals have no detail in the bill and leave it to the regulations later. Sometimes, thinking about Bill C-11, the government knows what the criteria are that it is going to bring forward to the CRTC on what content should be promoted or buried. Even though the opposition has been asking the government to share that for more than a year, it will not do so.

If we look at Bill C-22, the bill about disabilities, it does not say who is eligible, how much they get and when they are going to get it. Those are details that are actually very important in order to approve bills in more than just principle.

We are at the stage where we are approving this one in principle, but the ability for cabinet to make regulations after the fact needs to be much more limited than it is. There needs to be some driver of why it could not be foreseen.

There is also a part of this bill that would increase indigenous representation on the board from first nations, Inuit and Métis, and that is a great addition. There are some occasions when they do not all agree on something. We have seen instances before, like with the Coastal gas project, for example, with the Wet'suwet'en, where 85% thought one thing and 15% thought another. Again, there does not seem to be a mechanism to resolve when the board cannot agree about something, so that would be very important.

Another protection I would like to see in this bill has to do with the issue of cancel culture. We have seen in our country, over the last few years, quite a number of historic monuments that were vandalized, destroyed or forced to be taken down. I think about the Queen Victoria statue. I would not want to get into a situation where somebody is not a monarchist and they become the minister and have the sole power to designate something as “not a site”, for example.

I remember when I was at university in Kingston, there used to be a pub there called Sir John A. Macdonald, and they made them take that away. I do not know if it was officially a historic site, but it was certainly historic in my life. I definitely do not want to see that.

Another thing is that 15 Christian churches have been burned, some of which were historical sites, and the government has not taken any action. How we are going to address the protection of things that are already heritage sites and not try to rewrite history, as it were? That will be an important question.

I also want to make sure the board members who are chosen have the best interests of the country and the people they are representing at heart. In my riding, there are people who are paid environmental activists who chain themselves to the employees' pipelines, etc. It could cause a lot of trouble if those people were on the board of this particular committee. Who is vetting the board members? It says the government is going to choose. If “government” means the Minister of the Environment, who was previously an environmental activist, then I do have a concern there as well.

Let us talk about navigable waters. There is a lot of red tape already in the area of navigable waters. There are federal regulations, there are provincial regulations and there is always a long delay in getting any resolution. Now we would have the Minister of Environment and Climate Change having powers, but what if the Minister of Fisheries or the Minister of Tourism do not agree? I have raised this point in the questions a few times, but there has not really been a good answer. There needs to be some mechanism to sort out who is on first and who has the prime responsibility. I personally do not think it should be the Minister of the Environment, when it comes to navigable waters. That is clearly something that is a concern of Fisheries and Oceans, unless it is for tourism.

If we think about some of the balancing of priorities, we know that when it comes to designating heritage sites, they are expensive to maintain. In my previous questions, I talked about, in my riding, Prime Minister Alexander Mackenzie's grave, which was falling into disrepair and it took a really long time to get fixed. We need to make sure there is a plan in place to afford the things we are designating.

I do like the idea of a registry for those locations that are heritage locations. That will be helpful. I think it will also help prevent people from removing things that were at heritage sites, because the reasoning for them being chosen in the first place will be a part of that.

The final concern I have about this is that the government has brought this bill and again is giving more power to the government. Its track record is not great on this. We have seen numerous times that the government has used its powers and it was not in the interest of the people. I think that is why people are losing trust in the democracy and in the current government.

There need to be some protections put into this bill that would allow us to expand and recognize heritage sites, to afford to fix them, to make sure that we are not going to cancel them later and to make sure that it is clear how we sort out conflict.

Those are the main concerns that I have with the bill. I would be happy to answer any questions people have.

Canadian Heritage

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I want to thank my colleague for her great work.

The online streaming bill is very clear. It would make tech giants pay their fair share to Canadian culture, but some tech giants do not want to do that. The Conservatives are trying to make this about free speech, but it is written in black and white in the bill. It has nothing to do with what people post online. It is about the biggest companies in the world contributing to our music, our movies and our television. It is about creating the next generation of great Canadian artists.

Let us stand up for them and pass Bill C-11.

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

Mr. Speaker, over a year ago, this government tabled Bill C-11, the online streaming act. Still, there is so much disinformation about how this legislation helps artists in my riding of Mississauga—Erin Mills and across Canada, while also protecting the freedom of expression for Canadians.

Could the Minister of Canadian Heritage please update the House on how this bill would make tech giants pay their fair share, celebrate the best of Canadian content and serve the needs of all Canadians?

International Day of La Francophonie

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am pleased to rise in the House on behalf of the NDP to mark the International Day of La Francophonie, an important day for celebrating and promoting our beautiful French language.

The French language originated in Europe, but it is also entrenched here in North America, in the Arab world and especially in Africa, which is now the continent with the largest number of francophones. This year's theme, “321 million francophones, a world of cultural content”, places an emphasis on the diversity of francophone culture within the Francophonie and for francophiles around the world.

A language is much more than vocabulary and grammar. It is also a vision, a way of looking at the world and telling our stories. It is important that French-language works be available and discoverable, especially in the new world of digital broadcasting. That is why the Organisation internationale de la Francophonie is focusing on the discoverability of francophone content.

That is good timing, because most members of the House have been working on this issue in the context of Bill C-11. There is still work to be done for the French language, but we have taken a step in the right direction. Let us continue doing that with the rest of the world.

Online Streaming Act

[Martin Shields, Conservative, Bow River, AB]

Madam Speaker, former prime minister Pierre Trudeau once said, “there is no place for the state in the bedrooms of the nation.” That is exactly where the government intends to be with Bill C-11. If the NDP-Liberal coalition gets its way, the CRTC's regulatory claws will sink into the Internet to tell Canadians what they should be watching 24-7.

The Liberals say Canadian content must be pushed to the top, but no one can define over there what Canadian content is, so the next time Canadians turn on their favourite streaming service, they will be in shock. The government may creep its way in late at night and while citizens may grow tired of looking for their favourite show and might finally settle on the billion-dollar sleep aid called the CBC, the government should kill Bill C-11, heed the words of the former prime minister and get out of the nation's bedrooms.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, the Yiddish proverb will then have to wait until after we resume. I am saving it for next time.

In addressing Bill C-11, which is in fact a censorship bill, I want to go into the legislation. I am going to start with clause 7 of the legislation that is being proposed, which would amend section 7 by adding a “for greater certainty” clause after subsection 7(6). Generally, I like these types of clauses, but not this one. It says:

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).

Since I am not burdened with a legal education, I had to go back to the Broadcasting Act to discover what exactly we are amending. With respect to policy directions, the cabinet would be able to order any of the objectives of the broadcasting policy set out in subsection 3(1) and any of the objectives of the regulatory policy set out in subsection 5(2). Licensing, fees and access would all be determined, if the cabinet chooses to direct the CRTC on what it can and cannot do when it comes to licensing content creators, who gets to be a content creator in Canada and what gets to be Canadian content.

In fact, let me go on to regulations generally, which is section 10 of the actual Broadcasting Act. It goes into quite a bit of detail on what the cabinet would be able to order the commission to do. When members of this House are getting up and saying “No, no, this is not what it does”, they are saying that people like Michael Geist are wrong. He is a professor who is renowned in Canada as the leading Internet law expert. The government is saying to ignore the experts because they are all wrong. In fact, in the House committee—

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I appreciate many of the comments that the member has put on the record with regards to Bill C-11.

However, there is a certain sector of society that is starting to buy into a lot of misinformation. Somehow we have people concerned about individual rights, freedom of speech and not being able to watch what they want on the Internet, which is all based on false information. We have the Conservative Party promoting that misinformation.

I am wondering if the member could provide her thoughts in regards to how that is, from my perspective, unhealthy when we get people promoting false information.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I am pleased to represent Nunavut in speaking to Bill C-11, an act to amend the Broadcasting Act again. I spoke to this bill before it reached the other place, and I am pleased to speak to the amendments made upon its return to this place.

I have heard some of the debate this morning, and throughout the day, I have heard the word “misinformation” used by all parties. It is really unfortunate that the bill is being used as a way to pit Canadians against each other.

I am glad to see that supports for indigenous creators will still be given in this bill so they can share their talents online. It is important that small content creators can share their art. They need to be able to reach a larger audience, as this is where they can be discovered and profit from their own talents.

Uvagut TV and Isuma TV are Inuit media channels that provide great Inuit content. Their content is made by Inuit for Inuit and can be easily watched in Nunavut and abroad. They do not have the same ability to compete with web giants such as Netflix and Disney+.

Canada's broadcasting system offers very little content that reflects Inuit lives, and even less content in Inuktitut, despite the fact that two-thirds of Inuit speak Inuktitut. Online streaming services such as Netflix and Disney+ are not required to play Canadian artists on their channels, and very little indigenous content is being added to these streaming services.

Bill C-11 would ensure that Canadian media broadcasters are obligated to produce programming that includes indigenous languages. This change would enable more indigenous people to access programming in their languages. This would also expose indigenous creators and artists to a broader viewership.

Many people in this room have never watched TV programming that is not in French or English. I want my grandchildren to see and hear Inuktitut wherever they go. I want Inuit programming on Netflix and Disney+ created by Inuit. When content is not created with and by indigenous people, mistakes will happen. We must create a better future for generations of indigenous content creators.

A way to learn about someone is through their media. Indigenous people need to be represented through mainstream media. With better funding, indigenous programming can have French and English subtitles. This bill is not perfect, but it can help create a space for small independent creators to showcase their work.

Streaming companies hold a lot of power in what we watch. They need to be pushed to be inclusive. It is not enough that indigenous programming is only shown when it is convenient to them. Indigenous creators exist in Canada, and they need our support.

Promotion of indigenous art and media is an essential part of reconciliation. Call to action 84 calls for representation of indigenous languages, cultures and perspectives. Bill C-11 could expand on this call to action and ensure that all media channels are promoting indigenous content.

I will turn back to today's debate. The use of fearmongering language is causing confusion and fear among Canadians. The Senate amendments are supported by large corporations, including YouTube and TikTok. They say that Bill C-11 would cause the CRTC to police content. However, this is not factual.

I will conclude by quoting what Alex Levine, president of the Writers Guild of Canada, was reported as saying regarding Bill C-11. He said, “We only work on Canadian content. We don't work when, for example, Netflix or HBO decides to shoot a show here.” The report goes on to say, “Without the bill, Levine says market forces mean Canadians ‘will see a world reflected back to them that is determined by studio executives in Los Angeles and not by Canadian artists.’” Like Mr. Levine, I prefer to see a world reflected back from indigenous peoples and Canadians, not studio executives in other countries.

The House resumed consideration of the motion in relation to the amendments made by the Senate on Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, and of the amendment.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, we started with Bill C-10, which was definitely worse. I think what the member is referring back to are the concerns we were expressing at that time. Some of the changes that came in Bill C-11 reassured us, and one of those changes is the very one the Conservatives are harping on. That is the change that made sure that user-generated content is not affected by this bill.

What Conservatives are ignoring is that there is an exception. If those making their own content have a million subscribers and they are making money out of that, then, yes, the CRTC will have an ability to look at that. It is not what the Conservatives are saying, which is that we should have a blanket exemption that nobody who is making money on the Internet has to report to anybody or be accountable for anything. That was one of the major improvements between the first version of the bill and the bill that New Democrats are now supporting.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I would like to say from the outset that I will be splitting my time with the member for Nunavut.

I am pleased to rise in this debate, and I will try to talk about Bill C-11, instead of all the other kinds of things not related to Bill C-11 that seem to have found their way into the debate today, because it is very fundamentally important to our Canadian identity. The way we learn to understand our country and ourselves depends on the stories we tell each other, the movies we watch and the music we listen to. Therefore, it is very important that there be a space created in this cacophonous world media that is emerging for Canadian content. Otherwise, we will lose our identity as Canadians.

This bill seeks to amend and to update the Broadcasting Act. It looks at making sure there is a level playing field for the new streaming services that have taken a great deal of control over what is happening. It is a very important bill. It asks that the streaming services, which take an enormous amount of revenue out of Canada without paying taxes here, for the most part, be obliged to contribute funds so that Canadian creators can continue to create that content.

The Conservatives are focusing on people who are creating content on the Internet. However, what I am talking about is music, publishing, television and movies, and it is essential that we have that Canadian content. If we tell artists to go ahead and create Canadian content, but the money has already been sucked out of the economy that would go to finance that, then that content will not exist. It cannot exist. The money will be invested and decisions will be made by the streaming services, and they will invest those Canadian revenues around the world wherever they think they can make the most profit. This bill asks that they make an equal contribution to the revenues they are taking out of this country to make sure that Canadian content in movies, television and radio continues to exist. To me, that is the importance of this bill.

A secondary part of this bill that is very important to me is that which updates the broadcasting policy to add a requirement that when we are looking at Canadian content it includes diversity. In particular, one of the things that has never been recognized is the importance of indigenous culture and indigenous languages in this country. This bill updates the Broadcasting Act to include an obligation that the Canadian content that is being protected would be inclusive of indigenous culture and indigenous languages. I think that is a very important step forward.

It also acknowledges other forms of diversity. No one would be surprised that I belong to one of those minority communities. I think it is important that all of that diversity, whether with respect to sexual orientation, gender identity, ethnic, racial or religious backgrounds, is represented in Canadian content. This bill would update those regulations to recognize how important that diversity is to who we are as Canadians. For that reason, I am supporting this bill. I have supported it from the beginning.

Do I think the government has done the best job of communicating its messages here? Frankly, no, I do not. Do I think it has done the best job of getting this done in a timely fashion? Obviously it has not. We had an unnecessary election that caused us to start over on this bill. However, that does not make any difference to the final outcome.

We are talking about Senate amendments today. Everyone knows that I am not a great fan of that other place. Most of the time, I think the House should reject all amendments from the Senate. Very few senators even show up to vote on legislation, and they are not accountable to anyone. Therefore, I have no hesitation at all in saying that we will look carefully at amendments that come forward. However, if we in the House do not think they are good amendments, we have every right to reject them, because we are the elected members who represent Canadians in the House. I have no problem sending the amendments back to the Senate, thanking it very much, and telling it that we, the elected members, will decide on legislation.

Having said all of those positive things, I cannot avoid talking for a minute about this other world that the Conservative caucus seems to be living in. It is a world where the Internet is unregulated in a free market where quality rises to the top. I do not live in that world. It is not the real world. The web giants control the content and who rises to the top already. Through their algorithms, they determine what Canadians can see. Google decides in its search engine what will be prioritized.

I belong to the interparliamentary group working on online anti-Semitism, and we have been trying to get those web giants to acknowledge their role, in this particular case, in promoting anti-Semitism in the way that their algorithms function. We had a great deal of trouble getting the attention of parliamentarians from 12 countries to this problem, which they create through their algorithms. They say those algorithms are a business secret. They cannot share how those work. They cannot let anyone have any role in those algorithms. Those are theirs, and they make profit out of them. The bill says that, in terms of discoverability, there be a way that Canadian content created in Canada can be discovered through those search engines.

Yes, there is an intervention about content and what we see. It is not an attempt to censor. It is an attempt to create opportunities for diverse material to make its way forward through the business-controlled algorithms that determine what people see and watch now. There is no wild frontier out there where everybody competes equally on the Internet. We hear the Conservatives saying there is an attempt to censor. There is an attempt to create an opening for more diversity and an opening for Canadian content. That is not censorship.

We heard very extreme statements about Canadian content here, which would, I would say, throw the baby out with the bathwater. They are saying for all these years we have had Canadian content, which has helped Canadian filmmakers and Canadian singers establish a base that they have been able to use to go on to become stars on the world stage. They want to throw that away and say no level playing field and no resources for Canadians against the rest of the big streaming giants who are funding things elsewhere.

That is not the Canada I want to live in, and that is not the way we should approach what is absolutely a changed environment. That is what this bill tries to do. It tries to respond to that changed environment that the streaming companies have created and to make sure there is a role for our stories, our music, our movies and for us as Canadians on the world stage.

That is why I will continue to support Bill C-11. I hope the Conservatives believe what they are saying. I am not sure they do, but I hope that they are arguing from a very honest perspective. I just do not understand how creating opportunities for Canadians is censorship.

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, I am a very proud Albertan, as I know my colleague is a very proud Quebecker. Therefore, I find it interesting that the Bloc is so supportive of the legislation. He is very intent about protecting Quebec artists and Quebec culture, which I would agree is a very admirable goal. Why he would be putting the authority to protect Quebec culture, Alberta culture and Canadian culture as a whole in the hands of an autocratic, ballooning bureaucracy and one political party in particular by supporting Bill C-11? It clearly would give the cabinet the authority to influence the decisions of the CRTC.