Online Streaming Act

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

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament 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.

Elsewhere

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

Votes

March 30, 2023 Passed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
March 30, 2023 Failed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (reasoned amendment)
June 21, 2022 Passed 3rd reading and adoption of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (hoist amendment)
June 20, 2022 Passed Concurrence at report stage of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 20, 2022 Passed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
June 20, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
May 12, 2022 Passed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (amendment)
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (subamendment)
May 11, 2022 Passed Time allocation for Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Business of the HouseOral Questions

March 30th, 2023 / 3:20 p.m.


See context

Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, let me join with my hon. colleague, the opposition House leader, in wishing everyone a joyous Easter. I hope that members who are celebrating Easter take time with their families. This is also a very busy time for many of our other faith communities as we recognize Vaisakhi. We are in the holy month of Ramadan right now and we have Passover. This is a time that is very rich, one when I know people will be visiting churches, mosques and temples in our communities to share with the rich faith traditions in our constituencies. I hope all members are able to profit from those opportunities to be with their constituents and families.

With respect to Bill C-11, I will simply state that I do not think there is any amount of time that would satisfy Conservatives. In fact, I would challenge the opposition House leader to indicate just how many days of debate he would like. I do not think there is any end. Conservatives have indicated they want to obstruct this bill. This bill has had more time in the Senate than any bill in history. It was in the last Parliament and it is in this Parliament. It is time our artists get compensated for their work and that the tech giants pay their fair share.

Tomorrow, we will start the second reading debate of Bill C-42, an act to amend the Canada Business Corporations Act, and then we are going to be switching to Bill C-34, the Investment Canada Act.

When we return, we will continue with the budget debate on Monday, Tuesday and Wednesday.

On Thursday, we will start the day with a ways and means vote relating to the budget implementation act. Following the vote, we will proceed to the debate on Bill C-27, the digital charter implementation act, 2022, followed by Bill C-42.

Finally, on Friday, we will commence debate on the budget bill.

Business of the HouseOral Questions

March 30th, 2023 / 3:20 p.m.


See context

Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Mr. Speaker, it is now time for the Thursday question. Before I go to it, I want to wish everyone a blessed Good Friday and a happy Easter. Christians in the western world will be observing both. Easter is coming up and I know it is a time when family members will get together, visit and take a bit of a break. A lot of Canadians are going through a lot of hardships and I want them to know we are thinking of all the vulnerable Canadians who might be facing extra struggles given the current economic woes that are afflicting many hard-working Canadians across the country.

I want to wish everybody in this place, from the pages to the support staff, you, Mr. Speaker, and members of all parties a fruitful two weeks working hard in their constituencies, meeting with their constituents and taking a bit of time with their friends and families.

As it relates to House business, I would like to know if the government House leader can update us as to what the business of the House will be. We were hoping we would have more debate on Bill C-11, which would grant unprecedented powers to the government to control the Internet. I note that debate will end today because the government is stifling that debate, but I hope the member will update us as to what we will be debating when the House comes back after the Easter break.

Canadian HeritageOral Questions

March 30th, 2023 / 2:20 p.m.


See context

Hull—Aylmer Québec

Liberal

Greg Fergus LiberalParliamentary Secretary to the Prime Minister and to the President of the Treasury Board

Mr. Speaker, the reality is that right now the tech giants are not paying their fair share. Seventy-one per cent of Canadians agree that they should be doing so. This is the reason why. This is why we are making sure that we have Bill C-11 to deal with this job.

We know that the web giants must do more, more for our culture, more for our local media, more to protect our children. That is exactly what we are doing. Why are the Conservatives against that?

Canadian HeritageOral Questions

March 30th, 2023 / 2:20 p.m.


See context

Hull—Aylmer Québec

Liberal

Greg Fergus LiberalParliamentary Secretary to the Prime Minister and to the President of the Treasury Board

Mr. Speaker, there is a consensus in Quebec that we need to make web giants pay their fair share. Everyone—actors, authors, composers, producers, directors, musicians, singers, technicians—is on the same side regarding Bill C‑11. Everyone but the Conservatives, that is.

I invite the Conservatives to get on the right side and support Quebec and Canadian culture.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:45 p.m.


See context

Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Mr. Speaker, we will not have those days back because that Conservative Party is gone. Believe it or not, Stephen Harper's Conservative Party no longer exists. As extreme right as that party was, we are now dealing with something even more to the right. It is a complete engulfing of everything populous that anyone could ever imagine.

I am going to talk about disinformation in my speech, in particular disinformation from the Conservatives. The first example that comes to mind is the last interaction between the member for Calgary Nose Hill and her Conservative colleague, who asked a friendly question about Margaret Atwood. There was disinformation about what Margaret Atwood said and her intentions.

I want to read to the House what The Globe and Mail reported regarding Margaret Atwood: “The author said she had not read the bill ‘thoroughly yet’ and that there seemed to be ‘well-meaning attempts to achieve some sort of fairness in the marketplace.’” The Conservatives are not properly representing the thoughts of Margaret Atwood, yet they use her as a vehicle for disinformation repeatedly.

Unfortunately, what this issue has turned into for the Conservatives is nothing more than a fundraising cash cow. That is what this is. They are using every opportunity to raise money off this issue. They are using this House to raise money off this issue. They are promoting disinformation and misinformation to raise money off this issue.

I would like to read some of the outlandish things we have heard from Conservatives throughout this debate.

The member for Lethbridge said, “I wish for Canadians to know that this bill would impact them in two damning ways: One, it would censor what they see; and two, it would censor what they say.”

The member for Carleton himself said, “The bill is about controlling the people.”

The member for Sarnia—Lambton asked, “Could the member tell me how this legislation is different from what happens in communist countries?”

The member for Leeds—Grenville—Thousand Islands and Rideau Lakes said, “it is a government that wants to control what Canadians see and control what Canadians think.”

The member for Kildonan—St. Paul, quoting Jay Goldberg, said, “If government bureaucrats get to choose what content to push on Canadians, there’s a very real risk the government will be tempted to use its filtering powers to silence its critics.”

The member for Medicine Hat—Cardston—Warner said, “Ultimately, Bill C-11 would put Canada in step with countries like North Korea, China, Iran and Russia”.

The member for Oshawa, and this blew us away on Monday, said, “Bill C-11 is an online censorship bill designed to control search engines and algorithms so that the government can control what Canadians see and hear.” He also said:

Sadly, this legislation models practices directly from the Communist Government of China.... It blocks unacceptable views and connections that the CCP considers harmful to the Chinese public. The goal of its Internet is to reshape online behaviour and use it to disseminate new party theories and promote socialist agendas.

The House was literally in a state of disbelief when we heard the member for Oshawa say that. The first person to get up and make a comment was the well-respected member for Saanich—Gulf Islands, who is not in the Liberal caucus, and she said, “Madam Speaker, as the hon. member for Oshawa was speaking, all I could think is that somewhere there is a Liberal war room clipping all of that to use in ads to make sure no one votes Conservative.”

This is the rhetoric we have been hearing from that side of the House, and it is for nothing more than to clip and create videos to put out there, to generate money and to fundraise. I have been the subject of that myself. A tweet of mine regarding this issue was used in a fundraising email sent out by the Conservatives, with a gigantic “donate now” button at the bottom.

Perhaps one of the most egregious forms of improperly utilizing House resources, which I hope the Speaker will come back to this House with a ruling on in short order, was what the member for Carleton, the Leader of the Opposition, did with the member for Louis-Saint-Laurent, who, by the way, has been in this House for a very long time and is a former House leader who knows the rules inside and out. As they were walking out of the chamber, while the chamber was still in session, they held a phone and started recording a video as they walked into the lobby. They were still in the chamber. The mace is still visible on the table in their video, and the member for Carleton was talking about how the Liberals are trying to silence people. Of course, what is at the bottom? It is a big “donate now” button so people can click the link and support the Conservative Party.

This has obviously been a cash cow for them, and they are using it over and over. Of course, we rose on a point of order trying to get the Speaker to rule on this egregious act of not just filming in this House, which we are not supposed to do, but using House of Commons resources to promote something. When we rose on a point of order regarding that, what did the Leader of the Opposition do? He retweeted that tweet, saying we are trying to silence it. Of course, what is at the bottom of that retweet? It is a big “donate now” button linking people right to the Conservative Party.

Not only does he completely disrespect the rules of this House, but he will then blatantly use the proper calling of procedure to fundraise further. This is the Leader of the Opposition. This is the leader of His Majesty's loyal opposition doing this, and it is absolutely unacceptable. The Speaker knows that. I know that. Every member of this House knows that. However, the Leader of the Opposition continues, and he does not care. He does not care what gets in his way to fundraise, even if it is proper decorum and practice within this House.

The Conservatives get up and say that the Liberal Party and the Liberal government, in cahoots with the NDP, are somehow trying to give cabinet the ability to generate and write the algorithms that would shape what people see. For someone to believe that, they would also have to believe that the Bloc Québécois, a separatist party in this country, is going along with that scheme. How ludicrous is it to think that the Bloc Québécois would say it would turn over the reins to cabinet to generate and make up the algorithms? It is completely ludicrous. The Conservatives know it.

Years ago, when this bill was first introduced in the House, the Conservatives, to their credit, jumped on top of what was possibly a misstep with respect to introducing it. They sensed a little blood in the water, and the sharks were swarming around trying to generate controversy and conspiracy theories on this issue. Of course, because of the way things work on social media, it did not take long for everybody to jump on board those conspiracy theories, and the Conservatives have done nothing, and I mean absolutely nothing, to try to set the record straight. Instead, they have used it for political gain, they have used it for fundraising and they have used it time and time again to try to delay moving anything forward in this House.

If the Conservatives want to get up and talk about closing debate on this issue, they really have to reflect on how many times they have spoken to it. I am sure all they need to do is look at the fundraising emails, because every time this debate comes up, another fundraising email goes out.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:45 p.m.


See context

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, my colleague stated in her speech that Bill C‑11 would only benefit certain elites. I have no idea who she is speaking about. I stated earlier in my speech that, in Quebec, 80% of the members of the Union des artistes earn less than $20,000 a year. I do not know which elites she is talking about, but my friends who are writers, playwrights and theatre and film technicians are not elites. All these people want us to vote for and to pass Bill C‑11 as quickly as possible.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:25 p.m.


See context

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I can already find the things I want to watch quite easily. That is not what this bill is about. Bill C-11 would prevent Canadians from seeing and watching the content they choose. It would instead mean, as I said in my statements, that Ottawa bureaucrats would control what Canadians could see and watch online and through streaming services.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:25 p.m.


See context

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, for all the Liberals' claims, Canadians understand that if this bill passes, the government will regulate what can be seen or posted online and control which videos they will see more or less often on their feeds.

After eight years, the government has lost the trust of Canadians. Transparency and accountability are not its strong suit. It avoids both at every opportunity, whether it is by providing inaccurate testimony in committees, refusing to allow witnesses to appear before a committee to shed light on very serious issues or refusing to answer questions in this place like who stayed in a $6,000-per-night hotel room during the trip to the U.K. for the Queen's funeral.

We can all understand why Canadians are dubious about the Liberals' intentions in introducing this bill. They see it for what it is, which is an unacceptable attempt by the government to target the freedoms of individual Internet users in Canada. This is clearly not a government that will be accountable to Canadians, and it cannot be trusted with the power of regulating user-generated content.

Lastly, Conservatives understand that government censorship of the Internet is something that happens in totalitarian societies, not free ones. That is why we have fought so hard, both in this place and in the other place, to amend Bill C-11 in order to narrow its scope and fully exempt the content Canadians post on social media. However, the Liberal-NDP coalition rejected those amendments.

After eight years, it is time for a government that protects free speech, protects consumer choice and encourages Canadian creators instead of getting in their way. A Conservative government would repeal Bill C-11 and pass legislation requiring large streaming services to invest more of their revenue into producing Canadian content, while protecting the individual rights and freedoms of Canadians.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:10 p.m.


See context

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, you stole my thunder.

I am pleased to have this opportunity to rise and speak to Bill C-11, the online streaming act, which, as we know, amends the Broadcasting Act and makes consequential amendments to other acts. I want to start by recognizing my colleague, the member for Lethbridge, who has done incredible work to bring to light the facts about the impacts this bill would have not only on the rights of Canadians but also on content creators here in Canada.

I will be splitting my time with member for Calgary Nose Hill.

This is an immense bill, as it would affect not only online streaming but also user-generated content online, including on social media. Let us review. The first iteration of this bill, Bill C-10, was introduced in 2020. The government claimed that the purpose of it was to modernize the Broadcasting Act and to make large online streaming services meet Canadian content requirements and to bring them in line with TV and radio stations. We have heard that again here.

In its original version, the former bill, Bill C-10, included an exemption for programs that users uploaded onto their social media or “user-generated content”. During the committee’s study, the Liberals voted to remove this exemption from their own bill and refused to allow the Conservatives to reintroduce it. The bill died on the Order Paper when the 2021 election was called, but was reintroduced by the government in this Parliament. Here is what it did.

Bill C-11 would create a new category of web media called “online undertakings” and would give the CRTC the same power to regulate them and would require them to invest in Canadian content, even though they would not be required to apply for licences. While the government put the exemption back in this new version, it went on to also include an exemption to the exemption, which made it effectively meaningless. Unfortunately, this is another bill that the government seeks to pass that would dictate to industries what is best for them, rather than listening to the experts and stakeholders.

Numerous experts such as law professors and former CRTC commissioners believe that this bill would threaten the right to free speech. As we know, section 2(b) of the Charter of Rights and Freedoms guarantees the right to free speech, which can only be exercised effectively if one has the ability to be heard. Law Professor Michael Geist explains this:

To be clear, 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. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions with the presentation of the content (including algorithmic outcomes). The government has insisted that isn’t the goal of the bill. If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.

The government wants to give bureaucrats living in Ottawa the sole discretion of determining what content should be considered Canadian and what should be shown to Canadians at large.

Setting aside concerns regarding free speech for a moment, this bill would also threaten the livelihood of individual content creators, artists and influencers who earn their living through the videos they post on social media and the advertising revenues that they generate. By their testimony, many fear they will not qualify under the CRTC’s rules promoting certified content. They are also afraid of the effects of regulation on their international audiences.

Canadian creators do not need the Canadian media industry to intercede for them to succeed. Canadians are already punching above their weight, and there are many success stories. The reason we have so many Canadian success stories is that we allow the creativity of Canadian creators to flourish. We do not throttle it with excessive bureaucracy or red tape.

In the current landscape, content creators rise to the top through the merit of their content. The Internet offers infinite opportunity for new creators to reach audiences worldwide, allowing small creators to build up audiences through their own creativity and determination.

The bill would seek to stifle that freedom, only allowing those creators that the government deems worthy to be seen. Instead of one’s search bar directing one to the content one is looking for, it would direct one to the content that the government has approved and wants one to see. This would be yet another case of government gatekeepers picking winners and losers based on their own arbitrary criteria.

It is important to note that the Senate made approximately 29, mostly minor, amendments to Bill C-11. This is why it is back before the House of Commons. The most significant amendment proposed would attempt to narrow the scope for social media regulation by adding discretionary criteria that appear to encourage the CRTC to focus on regulating professional audiovisual content rather than amateur user uploads.

While this makes the bill less bad, given that the criteria are discretionary, they do not change the powers of the CRTC to regulate social media or its discoverability powers. Besides that, the heritage minister has already indicated that the Liberal government will reject this amendment.

We should make no mistake: Homegrown talent and creative content here in Canada will no longer succeed based on merit. Content will be subject to a set of criteria that bureaucrats in Ottawa will use to determine its level of Canadianness, resulting in traditional art forms being favoured over new creative content.

Over 40,000 content creators affiliated with Digital First Canada signed letters calling for the discoverability rules in Bill C-11 to be removed.

Since the bill was introduced in its first iteration as Bill C-10, I have heard from many constituents who do not want the government dictating the content that they are allowed to see. They have written to me and expressed their shock and dismay at the government's attempt to control speech and online content.

They want the ability to find their favourite creators and enjoy the content that appeals to them. They do not want to see the favourite content of an Ottawa bureaucrat.

For all the Liberals’ claims, Canadians understand that if this bill passes—

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:05 p.m.


See context

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I share the member opposite's passion and her fondness for the nostalgia of boom boxes and cassette tapes. I still have some cassette tapes at home. My kids do not know what on earth they are.

What is critical is that this is part and parcel of a broader agenda of our government and, I hope, of this Parliament in terms of what we are doing to address the presence of digital platforms in our lives. We have Bill C-11 and we have Bill C-18. We are very committed to addressing online harms and online safety. In previous Parliaments we have addressed things like electoral advertising in online spaces.

Our commitment is to ensure that digital platforms that benefit from what they do in Canada and how they promote themselves or advertise in Canada, and that reap dollars from Canadian pockets, will also contribute back to Canadian communities and to the creation of Canadian content. That is a fundamental theme that informs all pieces of our legislation, and it will continue to do so.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:05 p.m.


See context

NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Mr. Speaker, I thank the member for sharing his information around the importance of us having Canadian stories at the forefront. I would be remiss if I did not quickly mention something applicable to the bill.

This April, Vancouver Island's annual film festival will be kicking off again. Last year, the then festival director Hilary Eastmure was talking to The Discourse, which is a local media outlet, about the importance of this film festival. She talked about the importance of local film being seen alongside films around the world. She talked about the importance of “smaller stories” and how they “reveal something really intimate about people's daily lives and challenges that they face.” She talked about the directors in last year's film festival, including three Iranian directors, two of whom were women.

I am wondering if the member could share a bit about why he feels the Conservatives are continuing to fundraise on misinformation around Bill C-11, instead of putting forward sound solutions that could move us forward with protecting and supporting Canadian cultural content.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:05 p.m.


See context

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I will not go back over all the reasons why we need to pass this legislation as soon as possible. I addressed this at length earlier in my speech.

It is hard for us to imagine this bill passing without the Quebec government weighing in in some way or giving its opinion. It appears that this will no longer be possible. However, the Government of Quebec has indicated its desire to weigh in on Bill C‑11.

Is my colleague aware of what the federal government plans to do to ensure that the Government of Quebec is involved in the implementation of Bill C‑11?

Online Streaming ActGovernment Orders

March 30th, 2023 / 1 p.m.


See context

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, my colleague went to some length to explain that Bill C-11 would not impact user-generated content, so my simple question would be this: Why would we not just accept the amendment proposed by the Senate to do exactly that? It would remove user-generated content from the bill. Would the bill not, thus amended, still have all the other positive effects the member is promoting?

Online Streaming ActGovernment Orders

March 30th, 2023 / 12:45 p.m.


See context

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of International Trade

Mr. Speaker, I am pleased to rise in the House.

As I rise today, it is a bit like Groundhog Day. I am rising to speak on Bill C-11. The reason why it is so familiar to me is because I rose to speak on virtually the same bill in the last Parliament, when it was known as Bill C-10. I am rising again today on this issue because, once again, it is before Parliament.

There are certain issues that perhaps do not transcend from one Parliament to another, perhaps they are more temporal in nature, however, this issue has only become exacerbated with the passage of time. The issue and the pressing need to address the Broadcasting Act, to modernize that legislation and bring it into the 21st century has become even more acute and more critical. Thus is the reason why it has been presented by our government and why it is being debated today, and being debated with urgency. I do believe that the passage of this type of legislation is urgent.

When we are talking about the Broadcasting Act, we are talking about fundamentally Canadian content. We just heard a very impassioned speech by my colleague from the Bloc Québécois, talking about the importance of promoting English Canadian and French Canadian cultural content. This has been a critically acute issue for Canada for literally decades. The principle reason is because of our geographic proximity to our friend and ally, a nation whose president was in this chamber literally short of a week ago, a cultural behemoth that has the potential to overshadow and really eclipse content that is being produced in other nations, including the nation that is its most proximate neighbour.

We realized this many decades ago, and that is why we put in place, as a government, as parliamentarians, protections for Canadian content, so we could have Canadian stories told, told via television, film and music. Those were important protections. Those protections were put in place in legislation that hearken back to a different era, when people received their content through things like the radio. It is not coincidental that in French, when people talk about the CBC, it is called Radio-Canada, because that was the principle medium for the transmission of communications, including entertainment at the time.

Radio and television dominated the landscape for nearly a century. However, things have changed. In the old era, what we would do and what we continue to do today is put, as a condition of a licence for a television or a radio broadcaster, that it must invest in Canadian culture and Canadian artists. That has produced significant results.

However, the status right now is very different. I will include myself as one of the Canadians who have changed. Times have changed. Canadians are not using cable very much anymore. I think I might be one of the rare households in this chamber that still has cable. I use it for watching things like the Toronto Blue Jays, and God bless them today on the opening day of the season. I hope they have great season.

Independent of sports, most people are consuming their content online, on streaming services. Streaming is everywhere. People stream on their phones, in their cars, on their televisions. Many people are enjoying this.

I was actually looking up some of the statistics, and it is quite startling. Right now, eight out of 10 Canadians, or 80% of our entire country, uses at least one streaming service. Just in 2016, one year after our government took office, that number was five out of 10. Again, I will include myself in the people on the outside looking in back in 2016. People would talk to me about streaming Netflix and I did not know what they were talking about. I am being quite honest.

Now, not only am I streaming Netflix, but we have a Disney account, and my kids want me to get Amazon Prime, which I really do not know about. There is a number of different streaming platforms that people are attracted to or are already using. Six out of 10 Canadians, or 60% of the country, subscribe to two platforms or more.

However, the basic point is that while we have, on the radio and television side, things like Bell and Rogers contributing to Canadian content, which is a good thing and it is something we want to continue, streaming platforms, such as the Amazon Prime, YouTube, Crave, Netflix and Spotify, are broadcasting to Canadians, using Canadian content to market to those Canadians, but they are contributing absolutely nothing to the flourishing and development of more Canadian content on their platforms. They do not have the same requirements applied on those platforms as are applied on standard radio and television broadcasters.

There is the problem. From a very basic perspective, what are we here for as parliamentarians, if it is not to identify problems and seek to address them for the benefit of Canadians. That is something quite fundamental, and I think all 338 of us try to do that every day, that we are privileged to hold these types of positions.

Nevertheless, the legislation has not kept pace. I found it quite fascinating that the last time the Broadcasting Act was amended was in 1991. I was in my second year of university at McGill at that time. I do not even think I had an email address at that point. I think I got one my fourth year. It was really long and basically never used, because in order to use it, I had to walk into a separate office on the west floor of the building to access something called email. At that point, the Internet was mainly the purview of the U.S. military that had invented it years before.

There was no such thing as smart phones. There was certainly no such thing as apps. We were living in a completely different world and that was merely, on my account, about 32 or 33 years ago.

Back then, given that landscape in 1991, the Broadcasting Act was perfectly useful and suitable to the landscape as it was then. It dealt with radio and television broadcasters, because that was where people found their content, and we ensured that those radio and television broadcasters were promoting Canadian content.

It is now 2023 and the landscape has changed dramatically in the last decade, but certainly in the last few years. What we are seeking to do with this legislative amendment to the Broadcasting Act is to ensure that we promote, and continue to promote, great Canadian stories dans la langue de Molière, mais aussi en Anglais wherever those stories are found.

This bill would give the CRTC the ability to require that online streaming companies that profit from playing Canadian content, including Canadian music, film and TV shows, make financial contributions to support Canadian creators. This is a critically important objective.

What I am equally pleased about with the bill is that if we are to reopen a piece of legislation, we may as well improve upon it. We are modernizing it to deal with this new online landscape. We are also doing something that is quite targeted and deserves some attention. We are promoting the diversity of Canadian creators. What do I mean by that? We are promoting indigenous creators.

I spent a lot of time in our first Parliament working on indigenous language protection when I was the parliamentary secretary to the then minister of heritage. What we heard, in all the consultations we did and in all the work that turned into what is now the Indigenous Languages Act, which thankfully got support from everyone in this chamber, every party, as it should have, was that in order to promote indigenous language, the restoration and revitalization of those languages, we needed to ensure that we were also supporting indigenous creators. This bill would do that. It is an important aspect.

It also addresses persons with disabilities. We talk a lot about changes to things like the accessibility act. We talk about the Canada disability benefit act that we are rolling out. At the same time, we need to ensure that people's sense of inclusion and understanding of persons with disabilities is enhanced by ensuring that persons with disabilities are seen and included in the Canadian content we all absorb.

The same can be said for people of diverse sexual orientation. The LGBTQ2 community is specifically mentioned in this legislation as a group of creators whose content we want to promote.

I will finish on this idea of other diverse creators, which is Black and persons of colour. As a racialized member of this chamber, this has been a weak spot for our country, quite frankly. Our Canadian content creators need to have an applied focus that directs them to enhance and empower the voices so Black persons and persons of colour can see themselves reflected on what they are consuming on television, in film and on musical platforms when they are streaming. It is important for all Canadians to be able to see themselves in the content.

I need to address an issue that was raised repeatedly in the last Parliament and it has been raised repeatedly during this Parliament about this bogeyman of restricting freedom of expression. I have two broad responses to what I feel is an improper and incorrect attack on this legislation.

It is logically flawed to posit that this is a challenge to freedom of expression. It is also inaccurate in terms of the substance of the bill. It is a logical flaw.

On the logic of this kind of argument, the fact that we have been promoting, for decades now, through financial contribution requirements, things such as radio and television broadcasters, those promotion efforts would have restricted or diluted the creation of Canadian content as opposed to enhanced it.

We know for a fact that the enhancement has occurred by ensuring that broadcasters, in that physical and traditional context, are required to apply money and funds from their profits toward the creation of Canadian content. We have had, on the musical side, the Arkells and The Tragically Hip. We have had Rush and Drake from my city.

On the television side, we have had everything from the Beachcombers to Kim's Convenience and everything in between.

We do not get those great Canadian success stories without that applied directive to ensure there is financial enhancement in the industry by broadcasters to support creators. Therefore, with that simple logic, if this model were flawed, it would have diminished the amount of Canadian content as opposed to enhancing it, and the same reasoning applies here.

The same would apply for ensuring that online streaming companies are classified as broadcasters. What we will see, far from diminishing Canadian expression, is enhanced Canadian expression. What do I mean by that? It is going to compel the Amazon Primes, Netflix and the Spotifys of the world to ensure that they are making Canadian content discoverable and are contributing monetarily from their very healthy bottom lines, balance sheets and profits to the creation of more Canadian content. That is a good onto itself.

However, the argument on the challenge of freedom of expression is flawed even in terms of the bill itself. If there is one thing that changed between the last Parliament and this Parliament is that, although the framework of the bill is the same, and we heard this argument so many times in the 43rd Parliament, we went to great lengths to ensure that there would be multiple provisions, not just one, that stipulate that this bill was not about restricting freedom of expression.

The bill would not dictate what Canadians can see and do on social media. The bill explicitly excludes all user-creator content on social media platforms and streaming services. Those exclusions mean that the experience for users creating, posting and interacting with other user-generated content will not be impacted whatsoever. Multiple clauses in the legislation explicitly state that the regulations the CRTC imposes on platforms through the Broadcasting Act cannot infringe on Canadians' freedom of expression on social media. Provisions indicate that the act would not apply to uploaded content.

All regulatory requirements and obligations in the bill would only affect the broadcaster or the platform and never the user or the creator. For the individual Jane and John Doe in their basement seeking to upload something, create a music video or put something online about how they are playing the guitar, how their guitar level is increasing or singing a song and uploading it online, this does not speak to them. It speaks to the Amazons and Spotifys of the world, and that is an important delineation that has been emphasized by the text of the legislation.

Why is it important to support these creative industries? It is critical. Not only is it about the value, which I indicated at the outset of my comments, it is about the importance of telling Canadian stories particularly when we are threatened by a sea of non-Canadian stories from our neighbour south of the border. It is also important when we think about what Canadian creators, many of whom I am very privileged to represent in Parkdale—High Park, do for us as a nation.

During the pandemic, we heard extensively about the contributions of Canadian creators to Canadian society. When people were going through difficult times, when there were higher levels of anxiety and depression through lack of physical contact with one another, it was our Canadian creators who were there to support all of us, to tell stories and support us in some of our most troubling times as nation, literally since probably World War II.

Those creators are also economic contributors to Canada. It is not just the people who actually make the film, direct, act and produce the screenplay, it is not just the people picking up the instruments or microphone, it is a whole host of supplementary supports for the industry that contribute to the economic uplifting of Canadian society. For no other reason than the economic benefit, I would hope His Majesty's loyal opposition would support the bill for the economic productivity that stands to be gained by this type of legislation.

It is really important to look at the host of cultural creators who have lined up in support of this bill: The Canadian Association of Broadcasters, ACTRA, SOCAN. I will read what Alex Levine, the president of the Writers Guild of Canada, has to say. He says:

Private, English-language Canadian broadcasters have reduced their spending on Canadian television production every year for nearly a decade, while foreign streaming services have taken over more and more of the Canadian market. This threatens our whole industry, and the tens of thousands of jobs it supports. Canadian broadcasters have long been required to contribute to the culture and economy of this country. It’s time for global streamers profiting in Canada to be held to the same standards.

Mr. Levine is talking about levelling the playing field. It is a very simple concept. If something benefits from Canadian content and access to the Canadian market, it needs to contribute to the Canadian content it is benefiting from. It is as simple as that. By pursuing a level playing field and modernizing this legislation, we could bring the Broadcasting Act into the 21st century. For that reason, I hope every party in this chamber will support this legislation.

Online Streaming ActGovernment Orders

March 30th, 2023 / 12:30 p.m.


See context

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I have the honour of rising to speak to Bill C-11 for the second time. I gave a speech about it about one year ago.

We have been talking about this for a long time. My hon. colleague from Trois-Rivières is not here today, but I often have conversations with him. He always gives very brilliant speeches, choosing his words carefully and speaking with intention. He told me about a word that aptly describes what is being done with Bill C‑11: “lantiponner”. I do not know how the interpreters are going to translate it, but it means to fool around, to hedge, to delay, to procrastinate, to quibble needlessly when the issue at hand is urgent.

I think that this word is fitting because we have been back and forth on this issue for two or three years. People have been waiting 30 years for a bill that addresses the challenges of our time in order to support our artists.

One year ago, I gave a speech in which I spoke at length about culture and also about the fact that this bill is important because it helps minority cultures, the world's small cultures, stand up to the platforms that threaten to steamroll over them. That is very important when we fight for a small culture. With respect to language, Pierre Bourgault once said that when we fight for the French language in Quebec, we fight for all the minority languages in the world.

This is the type of challenge we are facing when working on Bill C‑11. I talked about culture in that speech, but today I feel like taking a more personal approach and talking about my artist friends. Thirty years ago, before becoming a member of Parliament, I attended the National Theatre School. Artists are my friends. I love them. In fact, I do not just love them; I adore them. They are my brothers, and they have very difficult living conditions. The situation of artists is very precarious. We need to do everything we can to support them because artists are the heart of who we are. They add spice to our lives. I do not know whether my Conservative colleagues have ever tried to do the test. At one time, there was a campaign to raise awareness of the importance of culture in our lives. The test was to try to see if you could get through an entire day without listening to the radio or music or watching TV or a movie.

Let us try to see what life would be like without music, movies and television series, without all of these things that reflect our stories, our ways of living, our traditions, our values, our interests, the things that basically show who we are. Let us try that just for a day so that we can understand the value of artists and what they bring into our lives, this very special way of seeing things. These artists need our help. They need our support.

I will now talk about an artist who is famous in Quebec, Sylvie Drapeau. She is a friend of mine. She may be the greatest stage actor of all time in Quebec, and perhaps even in Canada. She is absolutely sensational, extraordinary. When you see Sylvie Drapeau on stage, you remember her. She did a solo performance at Théâtre du Nouveau Monde, or TNM, a few years ago, and it was a rather personal and remarkable tour de force. There was a time Sylvie Drapeau was in five plays in Montreal a year. She performed at all the major theatres and played all the major roles. She would perform Shakespeare at TNM in the evening and rehearse Chekhov at the Théâtre du Rideau Vert during the day. She would then perform Chekhov in the evening and, the next day, rehearse Marivaux or Molière at TNM—and she always had the lead role. In the middle of all that, she would fit in a play by Racine and do a bit of television, if she had the time. Playing a lead role on stage for two or three hours and rehearsing another play every day takes a lot of energy.

We are talking about a remarkable actress. We are talking the Wayne Gretzky of theatre. We could also say Maurice Richard, as one of my colleagues mentioned.

We have heard our Conservative friends talk about culture as if it started and ended with Tom Cruise, the red carpet and the Oscars, but that is not the case. There is a whole world out there. I know some of the people in it, they are my friends. They are creating art. They are producing remarkable works that need to be seen and appreciated. With Bill C-11, we can fight for the artistic ecosystem. All of these actors, creators and writers are part of artistic life in Quebec, across Canada and around the world.

Even when she was playing the five roles I mentioned, as well as all the starring roles in the repertoire, Sylvie Drapeau was earning $35,000 a year. It is important to point that out, because there are a lot of people like that, whether we know their names or not.

The Conservatives have a rather narrow vision of the arts. I would just like to remind them that, in Quebec, 80% of the members of the Union des artistes earn less than $20,000 a year. Only 1% of those members make more than $100,000. When someone tells me that an artist’s life is all cocktails and glamourous premieres, I say no, that is not true.

I know a thing or two about it myself. When I graduated from the National Theatre School of Canada in 1987, I wanted to change the world through theatre, and I know plenty of people who had the same goal. They dreamt of changing the world through films and plays. I am talking about actors, but there are also dancers, singers, and other artists who want to put on productions that move people, that speak, that touch the heart and soul. At the very least, we need to help these people pay the rent.

When I left the National Theatre School of Canada, I wanted to change the world. I started a theatre company called Béton Blues. I worked for two years with two or three colleagues to start a company and apply for grants to keep it afloat. I had never done that in my life. After filling out grant applications, we needed to get to work to try to get money from major private donors.

That was something. I remember the first time I called Hydro‑Québec. We had prepared a highly researched document to tell its representatives that they should give us money because we were young creators of the future and what we were doing was very important and that our plays would really move people. It had to be sent to the person in charge of arts and donations at major corporations. Then, we had to call to ask them if they were going to give us the money. I was not prepared. I did not know what to say to these people. I remember calling a gentleman at Hydro‑Québec. I was on the phone with the person in charge who could give us $2,000 for our performances. I just asked whether he had any money or something like that. We had no idea how to do it but we did it.

Essentially, what I am saying is that this was important work to me. I worked for two years. Ultimately, we put on a show. We adapted As You Like It, a play by Shakespeare, in the Old Port of Montreal's hangar number 9, now home to an IMAX theatre.

It was a kind of like a big warehouse spread out over 300 feet. It was an absolutely stunning sight. We had nothing. Four sets were used in the show. People arrived and the show began with 20 minutes in one spot. Then, the back of the stage would open up to reveal 300 feet of space and three more sets. The audience would move around, following us.

I will talk about this show in another speech because I think it was remarkable. We really made headlines with that show in the spring of 1988. All that to say, I worked on that show for two years. Can any of my colleagues guess how much money I made? I made $1,200 for two years of work.

In that case, it was my decision. However, all my friends, all the actors, writers, directors, set designers and decorators, all these people who are planning shows in Montreal, Toronto, Vancouver, all these artists who are struggling to make ends meet—we have to support them.

That support begins by voting for Bill C‑11 so that it can pass as soon as possible.