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Online Streaming Act

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is now 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.

Similar bills

C-10 (43rd Parliament, 2nd session) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)
C-11 (2013) Priority Hiring for Injured Veterans Act

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-11, the Online Streaming Act, aims to modernize Canada's broadcasting regulations by including online streaming services. It seeks to ensure that these platforms contribute to Canadian content creation and cultural sovereignty, similar to traditional broadcasters, while respecting the rights and freedoms of Canadians. The bill intends to level the playing field for Canadian artists and broadcasters by requiring online streaming platforms to support Canadian content.

Liberal

  • Online streamers' contribution: Bill C-11 would update Canada's broadcasting rules to include online streaming services and would require them to contribute to Canadian culture. Traditional broadcasters have been investing for decades, so it is only fair that online broadcasters contribute as well.
  • Fairness and competition: The bill aims to make the Internet a fairer, more inclusive, safer, and more competitive place for Canadians. The goal is to ensure that anyone who makes money from the broadcasting system contributes to it.
  • Cultural sovereignty: The bill seeks to strengthen and protect Canada's cultural sovereignty and identity. It intends to ensure that future generations have the chance to watch Canadian stories and listen to Canadian songs.
  • Users and social media: The bill would not regulate everyday use of social media by Canadians, digital-first creators, or influencers. It would only impose new responsibilities on online streaming companies themselves, not on individual users.
  • Equity and diversity: The bill seeks to support greater diversity, authentic representation, and narrative sovereignty for Indigenous peoples in Canada. It also aims to affirm the important place that Indigenous peoples have within the broadcasting sector.
  • Modernizing legislation: Given the rapid changes in the digital landscape, the bill updates outdated legislation to reflect today's digital reality. The government sees this as a necessary step to protect Canadian culture, jobs, and creators.
  • Accessibility: The bill will strengthen provisions of the Broadcasting Act to make the Canadian broadcasting system more accessible and inclusive for those living with disabilities. The CRTC will have the power to impose accessibility requirements on both traditional and online broadcasters.

Conservative

  • Against C-11's overreach: The Conservative party is against C-11 and its predecessor due to government overreach, believing that the CRTC would have too much power in regulating user-generated content, and the unclear scope of the bill.
  • Concerns for free speech: Members are worried about the regulation of speech on the Internet, specifically regarding user-generated content. Proposed sections 4.1 and 4.2 are described as a "legal pretzel" allowing censorship of individual's content if it generates revenue.
  • Harm digital-first creators: The Conservatives express concern that Bill C-11 will harm digital-first creators, and point out that these creators are already successful and export content, hire workers, and pay taxes without government intervention.
  • CRTC power too broad: Members state the bill gives the CRTC too much power without clear policy direction. The Conservatives are concerned about content prioritization through discoverability, and the lack of a clear definition of Canadian content.
  • Levelling the playing field: The Conservative Party supports creating a level playing field between large foreign streaming services and Canadian broadcasters. The bill does not seem to address how money will reach creators, what will be defined as Canadian content, and if the cost will harm streaming services, especially multicultural ones.

NDP

  • Support for bill C-11: The NDP supports the bill, as they did the previous version, C-10, because it aims to create fairness in financial contributions to support Canada's cultural sector, artists, creators, and productions.
  • Fairness for artists: The NDP seeks equal treatment by ensuring that those who do not currently contribute to funding Quebec and Canadian cultural production do so, bringing them in line with those who already contribute, and addressing the long outstanding need to bring Canada's laws up to standard in dealing with the tech giants.
  • Addressing web giants: The NDP urges the federal government to demand that web giants like Google, Apple, and Facebook pay their fair share of taxes and contribute to supporting the cultural sector.
  • Discoverability of content: The NDP emphasizes the importance of ensuring that Canadian content is easily discoverable by consumers, questioning how the government will verify the effectiveness of discoverability mechanisms without intervening in the algorithms of social media platforms.

Bloc

  • Support for Bill C-11: The Bloc supports Bill C-11 as a step towards modernizing broadcasting regulations and ensuring web giants contribute their fair share to Canadian content and taxes, but stresses the need to amend and strengthen it. They believe that creating a separate digital agency would be appropriate.
  • Protecting Quebec culture: Members emphasize the importance of protecting Quebec culture, a minority culture in North America, from the negative impacts of globalization and technological changes, highlighting its unique vocabulary, traditions, and artistic expressions. They believe that without this protection, Quebec culture will fade away and be lost to future generations.
  • Need for digital regulation: The Bloc stresses the urgent need to regulate web giants and ensure they contribute to the creation and discoverability of Canadian and Quebec content, arguing that current legislation is outdated and allows these companies to operate without fair obligations. They advocate for harmonizing regulations with international standards to create a level playing field.
  • Supporting content creators: Members advocate for supporting Canadian and Quebec content creators and cultural industries, emphasizing that culture is an investment, not an expense, and that artists deserve to earn a living through their passions. They highlight the importance of culture in conveying national identity and dispelling clichés and of supporting regional media outlets.

Green

  • Sympathetic to bill's goals: The member is sympathetic to the bill's goals, noting that amendments to the Broadcasting Act will not impede freedom of expression. She expresses concerns shared by other members and the need for further refinement.
  • Community element needs work: The member emphasizes the need to fix the definition of the 'community element' within the bill, specifically ensuring that community broadcasting is understood as fully community-run, and will work in committee to amend the bill.
  • Concerns about CRTC's authority: The member expresses concerns regarding the potential overreach of the CRTC's authority, noting its power as an administrative body and the importance of carefully defining its role through legislation to protect Canadian content and culture.
  • Regulate the system, not speech: The member advocates for a social media approach that focuses on regulating the systems of social media enterprises, ensuring transparency and accountability, rather than attempting to regulate individual speech or punish transgressions.
Was this summary helpful and accurate?

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

NDP

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—

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

Conservative

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

The Deputy Speaker Chris d'Entremont

There is another point of order from the hon. member for Vancouver East.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

NDP

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

Conservative

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

Liberal

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?

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

Conservative

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.

Bloc

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:40 p.m.

Conservative

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:40 p.m.

NDP

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?

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:40 p.m.

Conservative

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.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:40 p.m.

Conservative

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?

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:40 p.m.

Conservative

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.