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 (2025) Military Justice System Modernization Act
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)

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

Freedoms in CanadaStatements By Members

March 9th, 2023 / 2:10 p.m.


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Conservative

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Mr. Speaker, “Whoever controls the media, controls the mind” is a quote from musician Jim Morrison. Bill C-11 aims to do exactly that. This far-overreaching bill gives control to the government to decide what online media is and is not shown to Canadians.

Famed Canadian author Margaret Atwood said it best, “All you have to do is read some biographies of writers writing in the Soviet Union and the degrees of censorship they had to go through - government bureaucrats.... So it is creeping totalitarianism if governments are telling creators what to create.”

Art is subjective. The Liberal government will stop at nothing to control what Canadians see online.

If Bill C-11 passes, it kicks open the door to government censorship, empowering the Liberals to strengthen voices they deem good and silence those they deem bad.

Conservatives trust Canadians to choose what they want to watch online.

Enough is enough. Let us stop with the controlling legislation and kill Bill C-11.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:55 p.m.


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Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Madam Speaker, the misinformation that I have heard is from the government that says that this bill would not impact user-generated content. The proof that is not true is that it will not accept amendments. It did not accept amendments in the House from the Conservatives and it has not accepted Senate amendments that would have specifically excluded user-generated content from the bill.

The fact that the government will not clarify, the fact that it will not confirm that it does not want to control user-generated content proves to us that is exactly what it wants to do. It wants to impact the ability of creators to connect with their customers, with the people who watch their channels. It wants to get in the way, and a Conservative government will get Bill C-11 out of the way.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:40 p.m.


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Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Madam Speaker, it is always a pleasure to rise in the House to speak on behalf of the people of Chilliwack—Hope. I want to indicate that I will be sharing my time with the member for Peterborough—Kawartha.

What we have seen throughout the debate today is the concept of what the government is trying to do through Bill C-11. The Liberals are trying to give more control to the government and its well-connected friends and provide less freedom for Canadians.

We saw this in how the debate on Bill C-11 unfolded in the House. The government, with its enablers in the NDP, rammed this bill through the House by invoking time allocation and limiting the ability of the representatives of the Canadian people to speak to this bill. The Liberals shut down debate throughout the entire process to ram this bill through the House.

It is kind of indicative of their approach with Internet regulation. They want fewer people who disagree with them to have the freedom to express themselves. They want to control the House of Commons and they want to control the message that comes out of the House of Commons by shutting down Conservative members who want to speak.

We saw that mainly at the committee as well. We had dozens and dozens of content creators from across the country come to appear before a House of Commons committee for the first time because they were alarmed at what this bill proposed to do and the limits it would place on their ability to get their messages out to their consumers, which is anyone who can access the Internet. The government's problem is that it did not have control. It could not get between those content creators and their audiences. That is what the government wants to do here. It is what the members of the government are insisting upon doing here with Bill C-11. They need that control. They crave that control and now they are going to try to force that control through this law.

Those were individuals who had never engaged in the political process before, including YouTubers and TikTokers, people who post videos and have become popular in their own right not because the government has done anything for them, but because they actually produce content that Canadians and others around the world want to watch. However, that is not good enough for the government members. They need to get in between and ensure consumers are consuming the right content. Even if it is from Canadians, if it does not go through a particular process, then it does not count as being Canadian content.

Creators from across the country who had never lobbied the government, had never been members of a political party and had never come to a parliamentary committee tried to have their voices heard at that committee, but the government could not control them so it shut that down too. There were dozens of witnesses who applied and wanted to come and share their experiences. It was not just Bell, Rogers, Shaw and Corus. Those were always heard. Those have highly paid lawyers and lobbyists who have privileged access to the Prime Minister's Office and every member of the Liberal cabinet.

They were heard, but the content creators who came to Ottawa to be part of that process were shut down by the Liberals and their NDP enablers. They shut down that process and they shut down the process as well when amendments were proposed when we consulted with those content creators. Hundreds of amendments were not even allowed to be raised at the House committee. They were simply voted on without debate and without context because the government could not control that process, so the Liberals shut it down.

Then, after they shut down debate in the House at second reading, shut down debate at the House committee and shut down debate at third reading, the bill went to the Senate where the government does not have control. It had a very lengthy review, the most comprehensive legislative review ever conducted by the Senate.

What happened when the Senate, led by Senator Housakos, Senator Manning, Senator Batters and others, stood up to the government and stood up for Canadian content creators? The Senate came back to the House with amendments from Liberal appointees who said that the government claims that this does not affect user-generated content and that it is just for the big companies. Liberal-appointed senators put forward amendments that were accepted by the Senate, which said that, if that is what the government said, it would take it at its word.

That was a huge mistake, by the way, but they said they would take the government at its word and would narrowly focus an amendment that excludes user-generated content from the bill. The Senate was taking the government at its word that it was not intended for them.

The Minister of Canadian Heritage and the Liberal government have rejected that Liberal amendment because it would take away their ability to control. The government could not abide even Liberal amendments that would have focused this bill on what it said it was supposed to be focused on.

Michael Geist is a professor whom the Liberals used to like to quote when they were in opposition. Now, I am sure, they wish did not have his words being read in the House, though they are about to be. He said:

...the Senate passed compromise language to ensure that platforms such as YouTube would be caught by the legislation consistent with the government's stated objective, but that user content would not. Last night, [the Minister of Canadian Heritage] rejected the compromise amendment, turning his back on digital creators and a Senate process lauded as one of the most comprehensive ever. In doing so, he has left no doubt about the government's true intent with Bill C-11: retain power and flexibility to regulate user content.

That is what this is all about. The government has left no doubt it wants to regulate that user content.

Michael Geist, when he appeared at the House committee, said, “To be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard.”

That is exactly what the government is insisting on. It is insisting on the fact that it has the power, that it retains the power, to direct the CRTC to determine what Canadians can or cannot see, to filter it, to adjust the algorithm, to direct people away from the content they want to see to the content the government wants them to see.

Every single time the government has had an opportunity to do the right thing, which is to let content creators thrive, to let them reach out to their audiences without interference from the government, it has not been able to handle the lack of control. The loss of control is just too much for it, which is why it has rejected the Senate amendments.

The Senate amendments, by the way, only made a bad bill slightly less bad. Let us be clear that the amendments were an improvement to a terrible piece of legislation. That is why, quite clearly, the Leader of the Opposition has made it clear that a future Conservative government would kill Bill C-11, would repeal it, because we believe in content creators. We believe in the ability of Canadian content creators to engage, not only with Canadians but with the world. The government simply needs to get out of the way and let them do what they are already doing so successfully.

We do not need the Liberal government acting as an intermediary and putting its fingers on the scales of the Internet, putting its fingers on the algorithm to direct Canadians to viewing things that they want to see. They are already doing that quite successfully. They do not want this bill. In fact, they have said that the rejection of the amendment to exempt user-generated content from this bill is like being spit in the face. These are people, again, who are not professional lobbyists. They do not have great connections inside the PMO. They do not have expensive lawyers to make their case and buy the Liberals fancy dinners. They do not have that ability.

They simply are creating the content, doing the things that make them happy and doing the things, quite frankly, that make them money. They are allowed to do this. They do this without any interference from the government, but now the government is set to interfere, to affect their livelihoods. Again, they engaged in that process in good faith. They engaged in the Senate process in good faith. They believed, after they had convinced the Senate to do the work that the government refused to do, that there was hope, that they would be exempted from this bill. The government just could not handle it. Conservatives reject the government's rejection of these amendments. We reject Bill C-11, and a Conservative government would repeal it.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:40 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I salute my colleague. I worked with him previously, as we were both journalists. He worked for TVA and I worked for TQS. He had fewer viewers than I did, in Quebec of course. I should not have mentioned it because my friends at TVA will be upset with me, but we were number one when I worked at TQS.

What the member said is quite true. However, I would like to remind him why we are so dead set against Bill C-11. It is because the federal government is giving itself all the power to dictate to the CRTC what will be allowed in the algorithms of digital platforms. We cannot accept that. I know that the member is a proud nationalist, that he is proud of Quebec. How can he accept such a blatant abuse of power by the federal government with respect to Quebec?

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:35 p.m.


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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I will begin by expressing my disappointment. I am disappointed because I really do value my colleague who just spoke. I think he is a man of great intelligence and exemplary quick thinking, as he has often demonstrated. Unfortunately, this morning, he seems to be embarking on a global disinformation campaign on behalf of his pan-Canadian, pro-oil, pro-pipelines-in-Quebec political party, by telling lies, by saying that Bill C-11, will, for one, control the content that people will be able to view on the Internet. That is not true. He should reread the bill. There is nothing in the bill that does that. What the bill will do is promote Quebec content. I will never believe that my colleague disagrees with promoting Quebec content, without imposing anything, without imposing a menu choice, but by making it visible on the platforms. That is the essence of what the bill does.

If my colleague is such an ardent champion of Quebec, the day his party wants to ram an oil pipeline down Quebec's throat, will he stand up and support Quebeckers?

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:30 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, when it benefits them, as my colleague so aptly pointed out.

What is really going on? While we, the Conservatives, stood up 20 times to ask the government to accommodate Quebec's request, the Bloc Québécois maintained radio silence. It is a fitting metaphor, since we are talking about the CRTC. It was radio silence, not a word. They were missing in action, nowhere to be found.

Where is the Bloc when it is time to defend Quebec and speak for Quebec's National Assembly? They drop out of sight.

Speaking of the Quebec National Assembly, do members know that, about a month ago, on February 5 and 6, the Quebec National Assembly unanimously adopted three motions condemning the federal government's action? Do members know that those three motions were directly related to positions defended by the Bloc Québécois in the House on Bill C-5, Bill C-11 and the immigrants at Roxham Road? The last motion severely condemned the use of the term “all-inclusive”, which was said in the House by a member of the Bloc Québécois. We know that Bloc members recognized that it was not the best idea. They said it in the House. The Quebec National Assembly did not like that and adopted a motion condemning that statement.

I was a member of the Quebec National Assembly. I, too, have had occasion, several times, to vote in favour of motions unanimously condemning an act of the federal government. This time, there were three motions in 20 hours, over two days, unanimously condemning the action taken by the federal government with the support of the Bloc Québécois. When the Bloc Québécois says that it is there to defend Quebec, defend the Quebec consensus and speak on behalf of the Quebec National Assembly in the House, it is not true.

That is why we keep saying that it is very important to know how to protect the choice of jurisdictions. Why does Quebec stand up and want to be heard on this bill? This is essential in our debate: Clause 7 states that the government grants itself the power to give directives to the CRTC, which in turn will be responsible for the government's directives to then rework and give directives on the algorithms that will have to be processed by the public. This has many people concerned.

That is why the Financial Post said in an editorial that if the government's bureaucrats were given the right to decide what content is imposed on Canadians there is a real risk that the government will be tempted to use its screening power to silence its critics. That is not good.

Former CRTC chair Ian Scott said that he did not want to manipulate the algorithms. Rather, he wanted the platforms to do that so as to “produce particular outcomes”. That is how an expert sees it. A former head of the CRTC said that.

That is why, as long as this government wants to give itself excessive powers to control what Quebeckers and Canadians have access to, we will be against this bill.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:25 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I am very happy to take part in this debate about how the Liberal government is taking excessive control over Canadians' choices.

Let us not fool ourselves. This bill gives way, way too much power to the federal government, which wants to impose its vision on the choices Canadians make when they use the Internet to watch movies and documentaries and enjoy Canadian culture.

The government wants to direct Canadians' choices by issuing orders to the CRTC. That is why we are fiercely opposed to this bill, which is a direct attack on people's freedom to choose whatever they want to see on digital platforms. We are not the only ones concerned about this. Many people who work in the industry are sounding the alarm. I will say more about that in a bit.

For now, let us concentrate on what has happened in recent years. We have been talking about this bill for years. Some people keep saying that this needs to get done fast, it is urgent, people want this bill and it is taking too long to pass it. We have been accused of filibustering.

The reality is that this bill has been delayed the most by the Liberal government itself. Previously, this bill was known as Bill C‑10, and it was introduced before the unnecessary election that cost $620 million in taxpayers' money. We had to carry out the study all over again.

I am prepared to listen to the comments of those accusing us of talking for the sake of talking and other such things. That is political rhetoric. However, the reality is that those who have delayed the debate and passage of this bill the most are not the Conservative members. It is the Liberal government, which triggered an election and even prorogued Parliament to avoid the WE Charity scandal. The election essentially changed nothing. The government spent $620 million of public money to change absolutely nothing, and this delayed debate of the bill, which, at the time, was known as Bill C‑10, and which is now Bill C‑11.

We are not the only ones in Quebec to have reservations about this bill. Indeed, the Quebec government wants to have its say on the bill. This is nothing new. Almost 11 months ago, on April 24, the Quebec government sent a letter to the Minister of Canadian Heritage informing him of Quebec's major concern about the unprecedented power that the federal government was giving itself under clause 7. This clause gives the executive branch, meaning government and cabinet, the power to give the CRTC directions to dictate what Canadians will be able to watch, by creating algorithms for browsing online platforms.

That is why the Quebec minister of culture and communications, Mathieu Lacombe, repeated that on February 4 in a letter in which he stated that it was “essential...that Quebec's cultural specificity and the unique reality of the French language market be adequately considered”, that “Quebec was the homeland of the French language and francophone culture in the Americas”, it was essential that it be heard. He also said that it was essential “to ensure that Quebec's legislative powers were recognized but that these conditions have not yet been met”.

The Quebec government raised its concerns last April. Following that letter, the National Assembly adopted a unanimous motion asking the federal government to let the Quebec government have its say in committee. The federal government did absolutely nothing. The minister received the letter and could barely be bothered to send an acknowledgment of receipt. After that, as I said last week in the House, he stuck it on his bedside table, under a pile of other papers, and did nothing about it for an entire year.

On February 4, 2023, Minister Lacombe got angry and sent the federal government another request, saying that time was up and that the Quebec government demanded to be heard. The Minister of Canadian Heritage did absolutely nothing.

It is not for lack of trying on our part. The hon. member for Charlesbourg—Haute-Saint-Charles, our political lieutenant for Quebec, and I asked not two, not three, not four, but 20 questions to make it clear that Quebec wanted to be heard on the matter of this bill.

We asked 20 questions, and what did the Minister of Canadian Heritage do each time? He resorted to theatrics. He bragged and blustered, he gave a grandstanding response, but he offered nothing for Quebec.

It is scarcely surprising that the centralizing Liberal government should take this approach. I could spend days and days reminiscing about how this government and all previous Liberal governments were eager to commandeer the provinces' political powers. In fact, we are currently seeing how the government has made a specialty of sticking its big fat nose into provincial jurisdictions, where it does not belong.

It is not surprising that the government is doing that. However, it is disappointing to see the Bloc Québécois abetting this usurpation of ministerial responsibility and especially of Quebec's jurisdictions. These people get elected by saying that they speak for Quebec in the House of Commons and that they express the unanimous opinion of Quebeckers. They play up how important that is.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:20 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I do not know whether I am going to have enough time to address all of the nonsense that was said in the past 10 minutes. The most scandalous thing my colleague said was that this bill is not about culture. It makes absolutely no sense to say such a thing.

For those who may not know, I am an actor. Before I got into politics, I worked in the film and television industry. I recently played a role in a series that was released a few days ago called Désobéir: le choix de Chantale Daigle about a precedent-setting case in Canada on abortion. It is a truly wonderful and remarkable series. I would encourage the members of the Quebec caucus of the Conservative Party to record it and send it to all of their Conservative caucus colleagues. It could prove useful to them. Until we pass Bill C-11, we will certainly not have the chance to watch this series.

When this show first aired two days ago, I met with producers, screenwriters, artists and actors. They all asked me what we were waiting for to pass Bill C-11.

What are we waiting for? When will we pass this bill?

I would like to remind my Conservative friends that 80% of the members of the Union des artistes au Québec still earn less than $20,000 a year. We need to pass Bill C-11 now.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:20 p.m.


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Conservative

Melissa Lantsman Conservative Thornhill, ON

Madam Speaker, yes to CBC and yes to Bill C-11. I would invite the member opposite to tell me what he thinks Canadian content is, why he will not define it in the bill and why he is misleading Canadians, to say that the CRTC, the Chair of which is appointed by him, will not regulate what Canadians see and hear on the Internet. He is misleading the House, and he knows it.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:20 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, there is absolutely nothing within this legislation that takes away a person's freedoms or their rights. They can choose to watch whatever they want on the Internet. The sad reality is that the Conservatives know that, but they do not have a problem spreading misinformation.

Will the Conservative Party of Canada be honest with Canadians today? Given what it is saying about Bill C-11, is its intention to withdraw the Broadcasting Act? After all, the very same principles have been applied, in good part, through the Broadcasting Act for decades now.

The Conservative Party does not support Canadian content. It has made that abundantly clear. Are the Conservatives going to get rid of the Broadcasting Act? Are they going to get rid of CBC? Is that what their real intentions are?

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:10 p.m.


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Conservative

Melissa Lantsman Conservative Thornhill, ON

Madam Speaker, can members imagine going to a restaurant and ordering a burger, but instead of a burger, they are served a salad, and when the server is asked why a salad was received, they say it is because of a new government rule that salads need to account for a certain percentage of meals eaten in Canada? That would be ridiculous, one might say, and if one wants a burger, one should get a burger. Nobody would accept something like this when they went to a restaurant, so why would they accept it when they browse the Internet?

That is the essence of Bill C-11, a solution looking for a problem that does not exist and the latest attempt from the Liberals to stick their nose in where it does not belong to limit the freedoms of Canadians.

Madam Speaker, I hope the member for Louis-Saint-Laurent would share a burger with me because I will be sharing my time with him.

Right now, Canadians get to pick the things they see online through their very own viewing habits, searches and choices. If Bill C-11 passes, the videos they watch on YouTube, the movies they stream on Netflix and the podcasts they listen to on Spotify would all be subject to government regulations requiring the promotion of certain content. It would deem the content we can and cannot watch. Of course, the government cannot explain what that content is. It has not answered that question.

By putting the rules for what this bill is calling “Canadian content” in the hands of government and unelected, unaccountable bureaucrats, the Liberals would be free to amplify the voices they like and silence the ones they do not like. Do we know why this would be? It is because they appoint the body that does that and the head of the CRTC, and they do so without telling us what kind of content, of course.

Let us face that Bill C-11 is just another attempt to drastically expand the size and scope of government, to control what Canadians think and to limit their fundamental rights and freedoms of what they get to see online. No government should ever be given the additional powers to censor and regulate what Canadians say and see, especially of the entire, infinite and unending Internet.

The bill states that any content that generates revenue, yes, even cat videos, would be subject to regulation that would be under the control of the CRTC. It lays out the very path for hiring the Internet czar who would do that, who would give the purview of that to somebody else, an unelected bureaucrat appointed, of course, by a government that wants the control.

This is a debate about amendments, specifically on the issue of censoring user-generated content. That is what regular people put online. The government was really never going to consider that amendment because it took it out of the bill to begin with. I will tell the House why.

Here is the response to trying to get user-generated content out of the mix. It is in amendment 3, and it is part of what we are discussing here. The government states it:

...respectfully disagrees with amendment 3 because this would affect the Governor in Council’s ability to publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services with respect to their distribution of commercial programs, as well as prevent the broadcasting system from adapting to technological changes over time....

That is the government's response. The rationale behind the rejection for content creators finally says the quiet part out loud. It finally said it. It is right here. For a government that claims user-generated content was never going to be part of the bill, it took out that amendment and then rejected the fact that the amendment would have been put back in the bill. It says the opposite right in the rationale. The government wants the power to direct the CRTC on user content today, and it wants the power to do it in the future.

Regulatory power over user content is confirmed in that explanation. It covers YouTube videos, podcasts and any other content on platforms we do not even know exist yet, because that is what “adapting to technological changes” means. The government has regulated something that does not even exist yet.

There we have it. A statement we heard from the minister on this point is the exact opposite of his response in the House, his response in committee and his response on television, which makes it the opposite of the truth. He will also ensure that we are the only country, the only democratic country in the world, where this is a thing. We are the only country to engage in this form of regulation of things we would put on the Internet. It leaves absolutely no doubt in the minds of anybody who has read this legislation. For people like Margaret Atwood, Senator David Adams Richards and purveyors of cat videos from coast to coast, there is absolutely no doubt that this is the government's plan. The government just said the quiet part out loud: Platforms are in, and user-generated content is in. Anything else is simply untrue.

We have so many philosophical issues with this bill. I could stand here all day talking about them, but I want to touch on some very practical ones, such as the mandate of the CRTC. There are 2.5 quintillion bytes of data added to the Internet every single day. Do people really believe that the Liberal government or that any bureaucracy, especially a bureaucracy within the government, could handle the responsibility of regulating that? The Liberals cannot get us passports in a reasonable amount of time. They cannot do what they are saying they can do.

What about the idea that the government needs to save the industry? Of course, that is ludicrous. The minister says that the investments in Canadian production that would further our culture are somehow in need of his rescue. Again, that is the opposite of an actual fact. My colleagues will tell me that I am engaging in disinformation, but that is just not true.

Huge investments are being made, and if we looked a little further than traditional broadcasters, or where they have traditionally been made, or if we talked to anyone else other than the unions that will lose control over that funding, we would know that statement is not true.

The Motion Picture Association of Canada told a committee in the Senate that it spent over $5 billion in 2021 on investments in just one year. That is more than the $1 billion the minister is talking about when he talks about what Bill C-11 would bring in. That $5 billion is more than $1 billion, and that is in a single year by a single industry association.

What about the fact that Canadian creators have not asked for this? In fact, many of them have spoken out against it. Those are the ones that have had tremendous success, the ones that will be held back by this bill. Creators in this country who, without the government, have reached unimaginable heights, both within Canada and especially outside of Canada. They have been ignored.

It is not about culture, and it certainly is not about funding. It is about control. It is about doing anything possible to increase the size of the Canadian government and reduce the freedoms of what we see online, of what ordinary Canadians see and put online. These are ordinary Canadian citizens, and the government will stop at nothing to do more of that no matter how much the facts do not line up, how much it cannot answer questions about what Canadian content is and who will regulate it, or how it simply misleads the House in telling us that the CRTC has no role in this.

The Liberals jammed this bill through the House of Commons once already, but the Senate found so many issues with it that it conducted the longest committee study ever on a piece of legislation and proposed 26 amendments. That is, of course, after the Liberals took out the amendment that would leave out user-generated content, while telling the Canadian public that was not true.

Just like putting lipstick on a pig, it leaves us with a pig. Putting amendments into Bill C-11 just leaves us with Bill C-11, a bill that, at its core, restricts, infringes and penalizes. It is a bill that can only be fixed by voting it down and making sure that it never sees the light of day. A Conservative government in this country would have never introduced it, and if members of the House make the mistake of passing it, we will repeal it.

We do not need a government deciding what we can and cannot watch. We do not need a government to pick the winners and the losers. We do not need a government to get more involved in the lives of Canadians. It is involved enough, and we see how that is going in this country. We need a small government that makes room for bigger citizens where government is the servant and we, Canadians, are the masters.

We are upholding the heritage that Canadians have given the world, that successful creators have put out there. We are here today to stand against Bill C-11, a bill that goes against the principles of freedom, the values that have been the bedrock of our country for 150 years, and the heritage that the heritage minister should be protecting.

Freedom is the very opposite of this bill. He should not be focusing on arbitrary roles. If he did, he should be able to at least explain them in the House, in committee or on television. He should instead be focused on growing the power of people right here in Canada and letting them decide what they can see on the Internet.

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:10 p.m.


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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Madam Speaker, I was very interested to hear the impassioned and thoughtful speech by my colleague, especially given her previous history in journalism.

I would like to know what the reaction is from local stakeholders and stakeholders from across the country. Is Bill C-11 something that they are looking forward to seeing?

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:05 p.m.


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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Madam Speaker, earlier, we heard the Leader of the Opposition say that the Conservatives, once in power, would repeal this legislation, that it would be the end of this legislation stemming from Bill C‑11.

Personally, I think that he should favour a more rational approach and perhaps leave the door open a bit and say that, if ever there were no censuring or control of online content, he would keep this legislation.

I think that I can say, without betraying my Bloc colleagues too much, that, on our side, if we see that there are real changes in terms of online behaviour and freedom of expression online, we will be the first to say that we need to go back to the drawing board. We will be the first to say that we might have missed something and that we need to go back to the drawing board.

Does the Liberal Party agree on that?

Online Streaming ActGovernment Orders

March 9th, 2023 / 12:55 p.m.


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Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Madam Speaker, I am pleased today to rise in support of Bill C-11, the online streaming act. I spent 20 years as a broadcaster, following a short career as a newspaper reporter. I saw first-hand the impact on Canadian storytellers once online streaming companies entered the fray and altered the way we and people around the world consume news and entertainment. I am so thrilled that now, as a member of the Standing Committee on Canadian Heritage, I can play a role in helping level the playing field for Canadian content creators, with the passage of Bill C-11, an update to the Broadcasting Act.

This was the first big piece of legislation that I had the privilege to work on.

The Broadcasting Act, as we have heard, was introduced in 1991.

That was before I was a journalist, when I had just come back to Canada after spending a year in France. I had started studying political science at the University of Calgary. It was a different time. Times have changed.

Throughout the study of Bill C-11, the heritage committee heard from artists, creators and broadcasters about how much the Broadcasting Act has helped Canadians appreciate our own unique culture.

We heard from Gord Sinclair, of The Tragically Hip, that the little band from Kingston would not have been able to reach across the country from coast to coast to coast, and have such an impact on so many Canadians with their music, if it had not been for the Broadcasting Act, which has ensured that Canadian artists are heard, seen and appreciated by Canadians all across the country, that our artists do not have to go overseas or across the border in order to have successful careers. This is about seeing Canadian artists and creators succeed, and be supported and appreciated right here at home.

For decades, broadcasters in Canada have given us incredible Canadian content on our televisions and radios. We made a conscious decision to support our fellow Canadians, to help them share their talents and their stories with the rest of world. As a condition of their licences, TV and radio broadcasters have had to invest in our culture and our artists. It is why we have all the Canadian content we love. Whenever we are watching Schitt’s Creek or Orphan Black, or listening to Hamilton’s own Arkells or a classic like Stompin’ Tom Connors, it makes us proud to be Canadian, to support and encourage our Canadian talent.

Our culture is who we are. It is our past, our present and our future. Now that Canadians consume their media from a bigger variety of platforms, it is time to update the Broadcasting Act and protect our culture for generations to come.

I remember 1991, when we were listening to local radio to learn about the newest music and artists. When we found something good, we would head to the mall and buy the cassette tape at the music store. Today, most Canadians get their music on YouTube. We want to make sure they can still find and identify Canadian content from their streaming services.

Bill C-11 ensures that big players like YouTube and TikTok start contributing to the system, like our traditional broadcasters have been doing for decades now. Back in 1991, we knew which TV shows played on which night and we made plans to get home in time so we would not miss anything. If we wanted to watch a movie, our options were either a Blockbuster rental or the theatre.

Today our streaming services have usurped cable services. I still have cable, I still like to watch my local news, but I understand that today, most Canadians stream their content. People can stream pretty much anywhere they can get a signal, through their TV, phone or car. The technological advances many of us in this room have lived through since the 90s are extraordinary.

How wonderful and amazing to be able to watch our favourite shows and movies whenever and wherever we want. We can even binge an entire season of say, Canada’s Drag Race and not have to wait with anxious anticipation week after week to find out what happens at the end.

However, streaming platforms like Amazon Prime and YouTube broadcast to Canadians without the same requirements that traditional broadcasters adhere to, including supports to the industry and its players that helped build Canada’s culture. These companies absolutely invest in our economy in other ways, and we are fortunate to have such a bounty of entertainment to consume. We can proudly point to many productions made on our shores and in our streets, with our people telling our stories.

Streaming services do not have to produce and share content that reflects our Canadian story and shared identity. They do not have to protect Canadian rights of content ownership. They do not have to pay into the system that nurtures young talent and gives it space to grow and be seen and heard. Until Bill C-11 is passed into law, our culture will be in danger of being lost in the noise of all the content available to Canadians online.

Asking the streaming companies to make Canadian content more fundable does not in any way limit Canadians' ability to watch what they want, or produce the content they want or post the content they produce. All regulatory requirements and obligations in the online streaming act only affect the broadcaster and the platforms, never the user or the creator.

This bill does not limit Canadian freedom of expression in any way, shape or form. We are not telling streamers how to do their business or construct their algorithms. We are just saying that they benefit from our country and our stories and our creators. They have to contribute. They have to let Canadians see through the clutter and identify their own music and artists, storytellers and other creators.

This legislation will provide real opportunities for Canadians, including community media, local news, French-language productions, racialized communities, third-language programming and so much more. This legislation is incredibly important to ensure space within our broadcasting system for indigenous storytelling and indigenous languages.

When it comes to Canadian stories and storytelling, I would be remiss if I did not mention the news, community news and hard-working journalists. The broadcasting landscape has changed since I was in journalism, with bigger players impacting the Canadian news market. We need to ensure that our broadcasters can keep up and are protected, and that Canadian journalists continue to tell the stories of our Canadian communities.

The 1991 Broadcasting Act has run its course. It is now undeniably out of date, but its principles of fairness to Canadian creators remain crucial to this country. We need this legislation now so that we can better support our Canadian broadcasting sector. Canadian organizations and creators will continue to lose ground if this bill does not pass. We must all work together to see this come to fruition.

I would like to express my thanks to the Senate for its exhaustive study of this bill, which included the longest clause-by-clause consideration of a bill in Senate history. This has been about teamwork, about getting this bill to its best form. Although the Conservatives have been working against the team, spouting misinformation and raising unfounded fears on what this bill is really about, spending more time filibustering than working collaboratively, we got there.

We agree with many of the Senate amendments. As my colleague, the Parliamentary Secretary to the Minister of Canadian Heritage, mentioned yesterday, this government is fully supporting 18 of the 26 amendments brought about in the clause-by-clause study of Bill C-11. We also accept another two amendments with modifications, so all of the changes that adhere to the spirit of the legislation. This is another testament to the truly collaborative work that has gone on.

It is time that we pass this bill, that we show our support to Canadian artists and creators. I truly hope that all my colleagues will join me in supporting Bill C-11. It is time to bring our broadcasting system into the 21st century and do what is right for this country and our culture.

Online Streaming ActGovernment Orders

March 9th, 2023 / 12:55 p.m.


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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Madam Speaker, I was very pleased to hear my colleague talk about how Bill C‑11 will support the creation of groups across the country who had difficulty receiving help in the past.

Has there been any reaction from stakeholders in the creative industries on how Bill C‑11 will help them?