Pablo Rodriguez Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, the member made reference to the issue of freedom. The Conservative Party seems to want to paint a picture of Bill C-11 as an offence or an attack on people's freedoms. When we take a look at the legislation, we will find that it does not in any way regulate the Internet, control what Canadians can see or try to tell Canadians what they have to watch.
Can my colleague provide his thoughts on the Conservatives arguing that Bill C-11 is an attack on freedom?
René Villemure Bloc Trois-Rivières, QC
Mr. Speaker, freedom of expression is a truly fundamental subject. Freedom of expression is often discussed but seldom defined. I would like to add a philosophical dimension.
Freedom of expression is the possibility of saying something. It is not permission to say anything at all; it is the possibility of saying something. Bill C‑11 fundamentally leaves a lot of space for everyone. I believe that Bill C‑11 does not place significant restrictions on freedom of expression. I honestly believe that one would have to be a little malicious to think that it contains restrictions.
Tracy Gray Conservative Kelowna—Lake Country, BC
Mr. Speaker, I wonder if the member could speak to the term “discoverability” and if he has any concerns with the vagueness of that in this particular piece of legislation, which does not have a clear definition. It is probably one of the most important ways that this legislation will be implemented and carried out, yet we do not even have a definition. I wonder if he could speak to that.
René Villemure Bloc Trois-Rivières, QC
Mr. Speaker, I thank my hon. colleague for her very important question.
Discoverability is a potential. It is a possibility. It is a bit like planting seeds and watching the flowers grow afterwards. At the moment, I would not be able to say what colour the flower will be, and that is what will probably be governed by the regulations in due course. Nevertheless, what matters is that the possibility of being discovered is written into the law. It is the use that will determine this discoverability, but, for the moment, the important thing for us is that it is in the bill at this stage.
Mike Morrice Green Kitchener Centre, ON
Mr. Speaker, I thank the member for Trois‑Rivières for his speech.
I know he supports Bill C‑11 and that discoverability of French-language content is important to him. That reminds me of my own experience watching M'entends-tu? on Netflix while I was working on my French. I hope more people across the country will watch this amazing show.
My question for the member is about clause 4.2, which would make it possible to regulate user-generated content. This worries me, so I proposed an amendment to strike it, but my amendment was rejected.
Is he concerned about this clause too? Are Quebec's content creators concerned?
René Villemure Bloc Trois-Rivières, QC
Mr. Speaker, I thank my colleague for the question. It is an important one that will give us the opportunity to clarify the situation.
The thing that surprises me a bit is that the question sounds a lot like the Conservative point of view, which is unusual, honestly. However, in this case, the proposed interpretation of clause 4.2 is simply false. That is not how it should be understood, on the contrary.
Peter Julian NDP New Westminster—Burnaby, BC
Mr. Speaker, we are talking about $1 billion that will be paid to cultural organizations. That will certainly make a big difference for our artists.
What difference does the member think that this billion dollars will make for artists from Quebec?
René Villemure Bloc Trois-Rivières, QC
Mr. Speaker, we have been talking about discoverability for several minutes now. Discoverability refers to the potential to be discovered, found, used, watched, listened to and read, and it is very important to us. Discoverability leads to more revenue over time. Like all models, these models can, of course, be improved. However, I think that we have worked on it and polished it enough.
Darrell Samson LiberalParliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence
Mr. Speaker, I just want to mention that I will be sharing my time with the member for Hamilton East—Stoney Creek.
This is a great opportunity to speak on behalf of Sackville—Preston—Chezzetcook and on behalf of Bill C-11, which is, of course, modernizing the Broadcasting Act for a digital age and continuing the tradition of supporting a diverse audience.
The current Broadcasting Act was passed in a much different era, way back in 1991. We have seen, of course, HDTV, now 4K television, high-speed Internet and the growth of online audiovisual broadcasting services increase over time. These technological changes have left the Broadcasting Act well behind. Video and audio computer coding standards like MPEG4 and MP3 did not even exist when the current act was envisioned. The only way to receive content in those days, of course, was through TV and radio. The purpose behind Bill C-11 is to bring the Broadcasting Act to the 21st century.
We are living in an interactive, on-demand, multi-device digital age. Our system needs to adapt to a modern era and Bill C-11 does just that. The goal is to generate more funding for Canadian music and stories, and more employment opportunities in the creator sector. We want Canadian programs and songs to be discoverable, including an Internet-based platform that captures so many viewers and listeners today, especially a young audience.
Bill C-11 would do this not just for mainstream programming, but also for diverse and marginalized voices that have historically been under-represented in the broadcasting system and have had very limited content choices by, for and about them.
The underlining Canadian values of fairness, acceptance and respect have long been part of our broadcasting system. We know that Canadian audiences are diverse and that the broadcasting system needs to serve them all. It is the principle that has ensured, from the very beginning, that there must be broadcasting in both French and English. It is the same principle behind the extension of television broadcasting services first to underserved rural communities, then to remote communities and the north.
A place was made in the sixties for educational broadcasting. Indigenous television broadcasting began to develop by the end of that decade. Community broadcasting arrived in the seventies. Radio and television services in languages other than English and French have also been made available in the system, yet there remains a gap. Programs that reflect indigenous peoples and racialized and ethno-cultural communities remain few and far between, and creative employment opportunities are slim. Our broadcasting system must strive to continue serving audience needs and being inclusive of all Canadians.
With the growth of the web giants and their Internet streaming services offering hours of programming, we need to ensure that Canadian values of fairness, respect and inclusion remain important in the regulation of Canada's broadcasting system. This is why Bill C-11 underscores the need for diversity and inclusion. Bill C-11 makes changes to the Broadcasting Act to ensure that the broadcasting sector is more inclusive of all Canadians.
Bill C-11 strengthens an objective in the act to declare that the broadcasting system should:
serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions...and reflect their circumstances and aspirations, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of indigenous peoples within that society...
This objective will help to enable access to the system by these communities and provide programming for them that speaks to their needs and interests.
Let us look at the big picture. We were all hopeful in the early days of the Internet that it would develop on its own: It would generate new opportunities, strengthen democracy and connect us to many others around the world. Much of that has happened, yet the Internet has also changed the way we enjoy content and learn about the news, creating a fundamental shift in the business model of artists, creators, journalists and news outlets. It has also facilitated polarization, hate and fake news narratives that divide us. It has exposed people to harmful content and online experiences that would be unacceptable in the real world.
For many Canadians, COVID-19 has meant that we have dramatically shifted our personal and professional lives online. We must take action to address the problems now. It is time to make the Internet a fairer, more inclusive, safer and more competitive place in Canada.
In conclusion, until now online broadcasting services have not been obligated to contribute to the achievement of broadcasting objectives. Bill C-11 provides the CRTC with the ability and the means to better serve the needs of those who belong to official language minority communities, women, indigenous peoples, ethnocultural minorities, racialized communities, the LGBTQ2 community and people with disabilities.
In this way, Bill C-11 continues the tradition of our broadcasting system of answering diverse audience needs and it helps to ensure that values, fairness, acceptance and inclusion will continue in the digital environment. This is a very important and long overdue change to the Broadcasting Act, and I urge all members of the House to support this important bill.
Greg McLean Conservative Calgary Centre, AB
Mr. Speaker, I have some questions on some of the last points the member raised in his speech, which piqued my attention. He talked about the inclusiveness of the bill for allowing members of certain communities more access. Maybe this is where the disconnect is happening on the bill, because the whole thing about net neutrality is that all of those groups, especially my friends in the LGBTQ community, have been able to access what they want and find those groups of common interests because of net neutrality.
The bill changes net neutrality, so how is he suggesting that the bill would make things more inclusive as opposed to less inclusive?
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
Mr. Speaker, there is no regulation of control over what is being streamed. This will continue to happen, and the under-represented groups will continue to have access, but have more access because there will be more support for them in various ways throughout the bill.
Richard Cannings NDP South Okanagan—West Kootenay, BC
Mr. Speaker, the web giants like Netflix, YouTube and Facebook still do not pay their fair share of taxes in Canada. They still do not pay their fair share of funding for Canadian cultural content. The Liberal government has been dragging its feet. Liberals talk the talk about tax fairness, but they have not been walking the walk for the past six or seven years.
I am wondering if the hon. member can estimate how many jobs have been lost over those years because of that tax unfairness. How many dollars have been left behind because we have not been forcing the web giants to pay their fair share?
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
Mr. Speaker, our government has moved on many fronts to ensure that those who have more can help others, and I look at the increase of taxes to the 1% of Canadians as an example. This bill would be moving us toward there. We have not made all the steps we need to make, but I am 100% in agreement with him. I think we have to make sure those groups that are benefiting from our programming pay their fair share. This is the first step, and we will make the steps that are necessary to achieve the goal I believe he is asking for.
Peter Julian NDP New Westminster—Burnaby, BC
Mr. Speaker, I am delighted to have the opportunity to ask my colleague a simple question, because we had another point raised by the Conservatives that was not accurate, when it comes to the LGBTQ2S community.
We heard testimony at the Canadian heritage committee that OutTV was basically removed from, or not allowed to be on, a number of online streaming distributors. OutTV came to committee and said that with the way it works currently, it does not have access and is excluded. In Bill C-11, as the member has pointed out, there are no exclusions.
Does the member not feel this is appropriate? Given how these big web giants act and how they can exclude with impunity, does it not make sense to have a level playing field, so that there is access for all Canadians of all communities to these online streaming platforms and streaming distributors?
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
Mr. Speaker, there is no question that these different groups have been excluded in the past, and in Bill C-11 we are going to see the CRTC would be mandated to include them and to focus on those minorities. That is exactly what we shall do with this bill.