Madam Speaker, that is a personal attack. I did not cross the floor. I was sitting here all along. They put me—
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.
Charlie Angus NDP Timmins—James Bay, ON
Madam Speaker, that is a personal attack. I did not cross the floor. I was sitting here all along. They put me—
The Assistant Deputy Speaker Carol Hughes
It is not a point of order but a point of debate, and the hon. member has seven minutes and 20 seconds left.
The hon. member for Saskatoon—University.
Corey Tochor Conservative Saskatoon—University, SK
Madam Speaker, it is good to hear the NDP members defending themselves on crossing the floor. I think they are going to have to defend themselves a lot, because I believe history will show the follies in the move they have made to prop up the government.
There were also problems with the last time this bill was before the House as Bill C-10. Now it is Bill C-11, but Bill C-10 was at committee. At that time, the NDP did not cross the floor, but the bill never became law, thankfully.
The Deputy Speaker Chris d'Entremont
There is another point of order from the hon. member for Vancouver East.
Jenny Kwan NDP Vancouver East, BC
Mr. Speaker, the member claims that I have crossed the floor to join the Liberals. That is an entire misrepresentation of reality and it is a violation of my privilege.
The Deputy Speaker Chris d'Entremont
That is really not a point of order. We are getting into debate.
I will recognize the hon. member for Saskatoon—University.
Corey Tochor Conservative Saskatoon—University, SK
Mr. Speaker, be it across the floor or at committee, when Bill C-11 gets there, I wonder what the coalition partners are going to ask. How are they actually going to scrutinize the bill when their partner, the Liberal government, is proposing it? In the case of Bill C-10, we did see some questioning from the NDP on that government bill, and ultimately, thankfully, Bill C-10 was defeated. I have less hope for this bill.
I have less hope for the freedoms that Canadians have relied on and expect to have in their country. After the bill passes, we will have an Internet tsar that will tell us what we can and cannot post and what content we can watch. Meanwhile, I have highlighted how problematic it is that through technology we are going to be able to do an end run around that.
What would this bill actually accomplish? I believe that in the end it is going to limit people's choices, not expand them. It will not expand a creator's ability to tell Canadian stories, and that is what needs to happen first. We will see when this bill gets to committee.
I know some members have questions for me and I am going to cede my time and allow them to ask those questions and have a proper debate. I do hope that we have a proper debate at committee, because we have heard from too many Canadians that the bill is wrong.
To the Canadians who are watching, please consider contacting your Liberal or NDP-Liberal government MP at their office and explain why this censorship bill is not right for Canada.
Francis Scarpaleggia Liberal Lac-Saint-Louis, QC
Mr. Speaker, does the hon. member think that CanCon regulations in radio in the early 1970s took away Canadians' freedom? He should remember that this was a time when we did not have the alternative of listening to music on the Internet through YouTube and such. Basically, all we had was mainstream radio.
Does he think those regulations were bad for the Canadian music industry? Does he think those regulations were bad for freedom in Canada?
Corey Tochor Conservative Saskatoon—University, SK
Mr. Speaker, in the context of what we are debating and what we should do based on radio, such as AM radio, I do not think even the member would listen to radio anymore. I would say it is in my car. How it relates to this bill is that it limits the ability for consumers to post their content on social media. That is what I am against, and it is what this bill unfortunately would accomplish for our landscape.
Denis Trudel Bloc Longueuil—Saint-Hubert, QC
Mr. Speaker, I have been listening to my Conservative friends and it seems that there is something they do not understand. The way things currently work is that everything goes to the people at the top. Everything goes to the biggest stars on the web, whether they are video or music stars.
I will give an example. Pierre Lapointe, who is hugely popular, has said that for one million streams of his song Je déteste ma vie on Spotify, he only received $500. At this time, artists on Spotify are paid on a pro rata basis. The company tallies up all the streams in a given month, and the artist receives a payment based on their average. In addition, 80% of the streams on digital platforms involve 20% of the titles on offer.
Unless we pass legislation, even Quebec's biggest stars will not be paid much for major hits that are listened to by a lot of people. We must pass legislation. We cannot rely on market forces because that just does not work.
Corey Tochor Conservative Saskatoon—University, SK
Mr. Speaker, the question is about whether it is a free market. I would say we need to encourage more competition, be it from Spotify or even from a specific one for Quebec. Let the market decide if there is a need for those players. I do not think regulation is going to accomplish what the member wishes it would do. I would say to our creators that we have to compensate the creators for the content they make, but we need to do it in a way that we are not regulating all aspects of their lives. When a country starts regulating Spotify and all other potential streaming services, I believe that is a country I would not want to live in. I would rather open the doors and encourage more platforms to come forward and share Canadian stories than tell a private company what it can and cannot play.
Lisa Marie Barron NDP Nanaimo—Ladysmith, BC
Mr. Speaker, over the course of the pandemic, the independent music sector has seen its revenues decline by $233 million and musicians' revenues have fallen by 79%. At the same time, we are seeing web giants paying almost no taxes in Canada and not contributing their fair share of profits to support the funding of Canadian cultural content.
Will my colleague please clarify whether he will continue to protect web giants at the expense of Canada's independent music sector?
Corey Tochor Conservative Saskatoon—University, SK
Mr. Speaker, we need to provide an environment that other platforms are attracted to so that our artists can get their product to market. I think that is a better approach than regulating the Internet.
Raquel Dancho Conservative Kildonan—St. Paul, MB
Mr. Speaker, I want to get my colleague's thoughts on the concerns being raised by YouTube and Michael Geist, foremost expert in Canada on the Internet and e-commerce, concerning the threat that Bill C-11 would be forcing streaming platforms to push Canadian content. It sounds great, but as a consequence it may actually downgrade that content abroad, which I think would be very concerning to our online content creators.
Can I get the member's thoughts on that?
Corey Tochor Conservative Saskatoon—University, SK
Mr. Speaker, we need to help artists get their products to the international markets. This bill would hurt their chances, because other countries might decide to bring in their own censorship bills that would hurt our artists' attempts to enter their markets.
I believe it is better to let it flow freely, to let artists perform and make offerings to the people and let the market decide.