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.

Online Streaming Act

[Laurel Collins, NDP, Victoria, BC]

Mr. Speaker, one of the important aspects of this bill is ensuring that web giants pay their fair share and that money is there for our cultural workers and the Canadian broadcasters that have not been on a level playing field. Unfortunately, the big web giants still do not actually pay their fair share.

There is a need for a digital services tax. The Liberal government has been delaying implementing legislation on a digital services tax, and I am curious if the member would speak to his commitment to ensuring that the web giants truly pay their fair share.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Mr. Speaker, every company has to pay their fair share. I look forward to engaging more with NDP members, as I think all members on this side of the aisle do, on that matter to get their thoughts. I know where they stand, but let us collaborate, let us listen and let us work toward a fair playing environment, if I can put it that way, in terms of the digital creators the member is so concerned about.

Here, we are talking about Bill C-11. It is a good bill. I know the NDP supports it, and I appreciate that.

[The Deputy Speaker, Chris d'Entremont]

Before we close, I just want to say that as Speaker, when I find out what people were doing in 1991, it starts to upset me just a bit. I think I am a little older than some of the folks who were speaking tonight.

It being 11:46 p.m., pursuant to order made on Monday, June 13, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the amendment.

If a member of a recognized party present in the House wishes to request a recorded division or that the amendment be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Perth—Wellington.

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, I think you will find consent to adopt it on division.

[The Deputy Speaker, Chris d'Entremont]

The hon. member for Winnipeg North.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I suspect not. I request a recorded division.

[The Deputy Speaker, Chris d'Entremont]

Pursuant to order made on Thursday, November 25, 2021, the recorded division stands deferred until Tuesday, June 21, at the expiry of the time provided for Oral Questions.

The hon. parliamentary secretary to the government House leader has a point of order.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I suspect if you were to canvass the House, you would find unanimous consent to call it midnight so the House can adjourn.

[The Deputy Speaker, Chris d'Entremont]

Is it agreed?

[Some hon. members]

Agreed.

The House resumed from June 20 consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the third time and passed, and of the amendment.

[The Speaker, Anthony Rota]

It being 3:45 p.m., pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the amendment to the motion at third reading of Bill C-11.

Call in the members.

And the bells having rung:

[The Speaker, Anthony Rota]

The question is on the amendment. May I dispense?

[Some hon. members]

No.

[The Speaker, Anthony Rota]

[Chair read text of amendment to House]