Bill C-11

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.

Motions in Amendment

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Madam Speaker, I rise on a point of order. The committee did not have five weeks. It had five meetings: five two-hour—

[The Assistant Deputy Speaker, Carol Hughes]

We are getting into debate. Therefore, I would ask members to maybe raise that during their speeches in the House or through other questions and comments.

The hon. parliamentary secretary.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, I am pleased to rise today in support of Bill C-11, the online streaming act.

The online streaming act would help ensure a strong place for Canadian stories and music in the digital world. It would make the online streaming platforms contribute their fair share to our culture. The bill is based on the simple premise that those who benefit from the system must contribute to it. This has been the approach in Canada for over 50 years, and the results speak for themselves. As a condition of their licences, TV and radio broadcasters have to invest in our culture and arts. That is why we all have the Canadian content that we love so much.

I grew up on a small, quiet street in Kingston, Ontario. Five doors down from me were the Sinclairs and across the street from them were the Bakers. Little did I know, as an eight- and nine-year-old paper boy delivering papers around the street, that every time I passed by the Bakers' house and heard this loud music coming from the basement I was actually witnessing the formation of The Tragically Hip. Later on, they became the incredibly successful band that we have all come to know and love in Canada.

Gord Sinclair, one of the members of the band, appeared before committee. I listened to his testimony at committee and would like to share it with the House because I think it is extremely important and properly illustrates why this type of legislation is very badly needed. I believe that it belongs in Hansard.

Gord said this in his statement:

My name is Gord Sinclair, and I am a member of The Tragically Hip. I want to thank you for the opportunity to speak today.

The Hip set out from Kingston, Ontario, in the mid-1980s, and our journey—

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

One witness in five weeks.

[The Assistant Deputy Speaker, Carol Hughes]

There seem to be some conversations and some heckling. I would ask members who are heckling not to do that, and I would ask those who are having side conversations with other members to please go to the lobby and have that conversation. If they wish to come back and listen in on the conversation so they can ask questions and comments, they can do that.

The hon. parliamentary secretary.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I am just amazed that the member for South Shore—St. Margarets is heckling me while I read the transcript of what somebody said in committee.

This is, again, from Gord Sinclair, from The Tragically Hip:

The Hip set out from Kingston, Ontario, in the mid-1980s, and our journey took us around the world and lasted over 30 years. It concluded where it began, back in Kingston, when our final concert was broadcast nationwide and viewed by a third of the population of Canada.

How did we wind up there?

Over the years, we wrote some good songs, we worked hard and we had great fans, but in the beginning we were beneficiaries of CanCon, the partnership between private broadcasters and government. This was not a handout. For us, it was a leg-up. With the help of our managers, we recorded an EP and got signed to a label and, with their help, we were able to get some airplay on radio. That gave us enough exposure across the country to take the show on the road, as so many great Canadian entertainers have done.

Canadians excel at live performance. The sheer size of the country is our greatest asset. The road is long and hard, with vast distances between gigs. You can't have a day job and aspire to be a performer in Canada. You either learn to love the life and your travelling companions or you break up. The late great Ronnie Hawkins always said that Canadians have to work 10 times as hard to get a tenth as far.

The artists who do endure have honed their talent to a very high standard. Canadian musicians are seasoned travellers. They've learned to play live and to live on the road, and that's what sets us apart. Somehow, during the years and hours of staring out the van window at granite and black spruce, you discover what it means to be a Canadian. You realize that despite its size, distinct regions and communities, there is more that binds us together in this country than separates us. The Hip wrote songs from that perspective. Many of them resonated with our fellow Canadians and enjoy enduring popularity.

Through the travel, the space, the time and the weather, the songwriter searches for meaning and what gives us a common identity. Nations create and preserve themselves through the stories they tell. Words set to rhythm and melodies are our stories. They allowed us to enjoy a long fruitful career until Gord Downie's untimely death....

Times change. In the 30 years that The Hip were performing, we went from producing vinyl records and cassettes to CDs, videos and DATs through Napster, and to iTunes and YouTube, and now to streaming and its dominant platform, Spotify. Through it all, until recently, there have been live shows to make ends meet, but people no longer buy the physical products our industry produces. In the digital age, people haven't given up on music—just the idea of paying for it. That business model is unsustainable.

We are all stakeholders of the arts, and the future has never been more dire. For years, traditional broadcasters, in partnership with the federal government, have helped develop and sustain Canadian recording artists. The Canada Music Fund provides critical support for music in this country. What will happen if that funding disappears?

Gord Downie wrote in our song Morning Moon that if “something's too cheap, somebody's paying something”. Every song ever recorded can now be streamed for less than $10 a month. The somebodies in this case will be the future you and me when we realize that we've undervalued the contribution of Canadian musicians and songwriters.

There is no better art form to preserve, promote and export our culture than music, but after two years of pandemic-induced venue closures and cancelled performances, our domestic industry is in peril. Artists must see a glimmer of hope for a career in music or they will simply give up. Where will our next Joni Mitchell come from if we abandon our young artists? Artistic development takes time. If we don't actually value something at a level necessary to sustain it, it will surely disappear.

Streaming is here to stay, but the platforms and ISPs must contribute to the long-term health of the arts in some way. They must look on it as an investment. Streaming is a great way for artists to have their material heard, to discover new music and to be discovered, but in an industry that has seen the majority of its revenue streams disappear, how can an artist earn a living? Streaming can help, but regulations must adapt to allow Canadian culture to flourish in the digital age....

My worry is that many will give up before they get the chance to find their voice. As much as the global market is important, Canadian artists must also reach their fellow Canadians from coast to coast to coast. In today's environment, there is a place for everyone, just as there is a place for streaming alongside traditional broadcasters and live performances.

Our potential as a creative nation is as vast as the country itself. Songwriters are our best cultural ambassadors. We are compelled to create, to express what we know and what we feel. We need partners in government and industry....

Right now, somewhere in Canada, a young artist is searching for their voice, the right bit of melody to go with the perfect words. We need your help to hear these voices.

These are the words of Gord Sinclair. To the member who was heckling me previously, and who continued to heckle me while I was reading that, I really hope for the goodness of this institution that he was not doing the same while Gord was delivering those words at committee, because that would have been extremely disrespectful.

I thought it was extremely important to read those words into Hansard so they could be part of the debate the House experiences on this issue. I am very concerned by the rhetoric I have been hearing. Unfortunately for them, I do not think this applies to Canadian discourse, but unfortunately for Conservatives, I do not quite think this manufactured outrage they are attempting for a second time has been nearly as successful as it was the first time around in the last Parliament because they just do not seem to have the traction, despite the outrage we have seen, particularly from the previous speaker.

What I do know is that musicians and individuals who are looking to preserve that Canadian culture, and who take great pride in being Canadian, need our support. Doing something strictly because we think we are going to get a little political gain out of it, but doing it at the cost of those cultural creators throughout our country, is extremely, to use her word, disingenuous of what we should be doing and how we should be properly taking care of Canadian artists.

I have no problem supporting the bill. I know the bill does not do a number of the things that were previously said. It does not impose regulations on the content everyday Canadians post on social media. It does not impose regulations on Canadian digital charter content creators, influencers or users. It does not censure content or mandate specific algorithms, as the previous member indicated, and it does not limit Canadians' freedom of expression in any way, shape or form.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, the hon. member across the way made the comment that the bill does not give the CRTC the ability to regulate user-generated content. However, Mr. Ian Scott, the chair of the CRTC, came to committee, and he said that yes, in fact, they do have that ability. He said however right now they refrain from using it. He asked us to trust him, but he made it very clear that he has the power to regulate user-generated content, which is, in other words, everyday Canadian content online.

The member opposite seems to know something different. I am wondering who is telling the truth, him or the CRTC chair.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, that is a very interesting comment. If we reflect on the words that she just used, what she said is that apparently he already has the powers. Her words were, “he has the power” to do this. I am not here to reflect on what the CRTC's current powers are, I am here to reflect on the content of the bill.

My interpretation and my reading of the content of the bill is that it does not give any of those powers this individual is referencing, although we will note she was very judicious in her words. She specifically said, “he has the power”. That would imply that he already has the ability to do that and that his comments are related to that, not what is in the bill.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, I appreciate my hon. colleague mentioning Gord Downie, someone that I was proud to know. I have seen the growth of careers of those in bands like the Hip, and I see the crisis facing musicians today, especially after COVID and the shutdown of live venues, along with the fact that Spotify is ripping artists off dramatically. When I hear the Conservatives talk, they are saying that the bill is actually going to somehow make it impossible for us to watch a video of someone fixing their deck. I do not know what they think entertainment is, but we are talking about a powerful industry in Canada. Our artists travel the world, yet without the ability to have a sustained financial income, we are seeing more and more musicians unable to make it, along with more and more theatres, and more and more groups.

I ask my hon. colleague this: What specifically in the bill will guarantee that we start to see a revenue stream return rightfully to the artists who make the content?

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I started off my speech by telling the story about how I lived on the street five doors down from Judge Baker's house where The Tragically Hip used to practise in the basement. As a newspaper boy, I used to listen to the noise that was coming from the basement, and I had no idea I was witnessing the formation of The Tragically Hip.

Members heard from the words of Gord Sinclair when he was at committee, which I read out in the House, when he said that, had it not been for CanCon and government investment, The Tragically Hip would have never become what it did.

Finally, regarding the member's comment about the Conservatives being worried about somebody being able to watch somebody repair a deck, I just hope that all members know that the member for Timmins—James Bay has a great YouTube channel where they can watch some of his home improvements. If I thought for a second that this bill would limit my ability to do that, I certainly would not be supporting it.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, on a point of order, I am very worried that it might be misconstrued that I am getting financial benefits when I do decks and drywalling. That is not the fact at all. I just want that on the record.

[The Assistant Deputy Speaker, Carol Hughes]

That is not a point of order.

The hon. member for Abitibi—Baie-James—Nunavik—Eeyou.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, it is well known that Pierre Trudel, a law professor at Université de Montréal, said that broadcasting must be protected—

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member is trying to pose a question. It is very hard for the parliamentary secretary and me to hear that when there are side conversations going on from one end of the chamber to the other.

The hon. member for Abitibi—Baie-James—Nunavik—Eeyou.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I was saying that Pierre Trudel, a law professor at Université de Montréal, said that broadcasting must be protected, that the freedom of Internet users is not at risk, that there is no thought police on television and that there will be no thought police online.

In May 2021, the Department of Justice filed a legal opinion refuting these allegations and confirming Mr. Trudel's statement that freedom of expression is not at risk.

I do not understand why the parties are bickering about protecting broadcasting.