Online Streaming Act

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

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, 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 the Broadcasting Act to include online streaming services, ensuring they contribute to the creation and discoverability of Canadian content, reflecting Canada's diverse communities and linguistic duality. The bill seeks to level the playing field between traditional broadcasters and online platforms by requiring streaming services to support Canadian content financially and through discoverability measures. The legislation aims to support Canadian artists, creators, and the cultural sector while protecting freedom of expression.

Liberal

  • Modernizing broadcasting act: The Liberal Party is reintroducing reforms to the Broadcasting Act to modernize it for the digital age and support Canadian content creation. The aim is to update the act so that it continues to serve Canadians in an increasingly digital age, noting the last amendment was in 1991.
  • Supporting diversity and inclusion: Bill C-11 aims to ensure greater representation in entertainment media for minority communities, including francophones, Indigenous peoples, LGBTQ+ persons, and persons with disabilities. The legislation will make it possible for minority communities to be better seen and heard in digital media.
  • Economic benefits to Canada: The bill aims to reverse a concerning trend of decreasing Canadian television content production and projects that it could benefit Canada's cultural production ecosystem by more than $1 billion annually. The updates would ensure that regulations can evolve alongside the industry, rather than chasing to keep up.
  • No regulation of the internet: The Liberal speakers emphasized that Bill C-11 would not regulate the internet or control what Canadians view online, but rather regulate foreign streaming companies and domestic ones. The bill would ensure that traditional broadcasters, streaming platforms, and Canadian artists are backed and supported.

Conservative

  • Against Bill C-11: The Conservative party is against Bill C-11, arguing it infringes on freedom of speech and gives the CRTC excessive powers to regulate online content, leading to censorship and government overreach.
  • Lack of transparency: The Conservatives criticize the Liberal government for limiting debate and rushing the bill through Parliament, bypassing standard procedures and restricting the ability of MPs and Canadians to scrutinize and provide input on the legislation.
  • Harm to content creators: The Conservatives argue that Bill C-11 will negatively impact Canadian digital content creators, burdening them with regulations, potentially reducing their visibility, and allowing the government to pick winners and losers in the digital space.
  • Broad and vague powers: Conservatives express concern over the broad powers granted to the CRTC by the bill, including the ability to regulate content based on vague criteria and to create regulations on matters it deems necessary, leading to uncertainty and potential abuses of power.

NDP

  • Supports bill C-11: The NDP supports Bill C-11, viewing it as essential and long overdue legislation that will modernize the funding ecosystem for Canadian artistic and cultural content. They believe it addresses a broken and unbalanced system that penalizes creators while allowing web giants to profit without contributing.
  • Level playing field: The NDP aims to level the playing field by requiring online broadcasters, like Netflix and YouTube, to contribute financially to Canadian content creation, similar to traditional cable companies. This measure is intended to restore balance, inject money into the industry, and support creators more effectively.
  • Successful amendments: The NDP successfully introduced amendments to improve Bill C-11, including clarifying the mandate of Radio-Canada International, increasing support for Indigenous productions, and strengthening measures for marginalized groups like racialized people and people with disabilities. They also advocated for enhanced support for community television and radio, as well as greater protection for local jobs and intellectual property.
  • Conservative obstruction: The NDP criticized the Conservative Party's handling of the bill, accusing them of filibustering in committee, blocking witnesses, and obstructing improvements to the legislation. They contrasted this with the NDP's approach of working to improve the bill and secure positive outcomes for Canadians.

Bloc

  • Supports bill C-11: The Bloc Québécois supports Bill C-11 because it is time to pass this bill that our cultural and broadcasting industries have awaited for such a long time, since the Broadcasting Act has not been updated since 1991.
  • Importance of original French content: The Bloc Québécois emphasizes the importance of protecting original French language programs and ensuring that broadcasting companies produce original content in French, as opposed to simply dubbing content into French.
  • Discoverability of Canadian content: The Bloc supports the discoverability of local content on broadcasting platforms to ensure that it is promoted, easy to find, and available, because they were elected to protect the interests of Quebec voters, not multinational corporations.
  • Sunset clause: The Bloc supports the inclusion of a sunset clause that requires a review of the Broadcasting Act every five years, allowing for necessary amendments and adjustments to be made in a timely manner.
  • Web giants contribution: The Bloc feels that foreign companies should hire Canadian and Quebec human resources, creative resources and talent as much as possible, and that the Canadian government is letting them walk all over it.

Green

  • Bill is needed, but flawed: The Green Party acknowledges the need to modernize the Broadcasting Act, but believes that Bill C-11 contains vague language and contradictions. They are also concerned about provisions that could allow for the regulation of user-generated content.
  • Supports bill despite concerns: One Green Party member will vote in favor of the bill. Acknowledging the issues they will support it to address the economic imbalance faced by Canadian artists due to the rise of digital broadcasters.
  • Economic disparity for artists: The party highlights the reduced economic status of Canadian musicians and creators compared to those in the U.S. due to the rise of digital broadcasting. The need for the Broadcasting Act to promote Canadian creators within Canada and overseas is emphasized.
Was this summary helpful and accurate?

(The House divided on the amendment, which was negatived on the following division:)

Vote #163

Online Streaming ActGovernment Orders

June 21st, 2022 / 4 p.m.

The Speaker Anthony Rota

I declare the amendment defeated.

The next question is on the main motion.

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

Online Streaming ActGovernment Orders

June 21st, 2022 / 4 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would request a recorded vote, please.

(The House divided on the motion, which was agreed to on the following division:)

Vote #164

Online Streaming ActGovernment Orders

June 21st, 2022 / 4:10 p.m.

The Speaker Anthony Rota

I declare the motion carried.

(Bill read the third time and passed)