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.

Elsewhere

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

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

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:35 p.m.


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London North Centre Ontario

Liberal

Peter Fragiskatos LiberalParliamentary Secretary to the Minister of National Revenue

Mr. Speaker, it has been very interesting to take part in tonight's discussion and hear the different views expressed. I am happy to have what I believe will be the last word tonight on the matter, on Bill C-11.

At the heart of it is culture and questions around culture. That is the way we make sense of ourselves and our place in the world as individuals and also as members of communities on a local level and on a national level as Canadians. In this, storytelling is particularly key. I would add storytelling by artists plays a special role as well. If there is such a thing as Canadian identity, and I believe there is, our artists have helped to shape it. They have played a fundamental role and continue to do so.

If we think about music, can we tell the Canadian story without looking at The Guess Who, for example, or The Tragically Hip? What about television? Murdoch Mysteries comes to mind, for example, and North of 60. We can name a number of other Canadian programs. My father would always talk about The Beachcombers, which I am not too familiar with, but it looks as though the Speaker is. If we think of film, there is Bon Cop Bad Cop. There are other good examples as well, but that one stands out for a number of members.

Talent explains why each of these became a success. The talent of the producers involved, the artists themselves, the musicians, the actors and all those around is at the top of the list for sure. Another factor that is key to their success is the fact we have a system in Canada that promotes Canadian culture and recognizes the importance of it.

As a condition of their licences, Canadian television and radio broadcasting companies have needed to ensure a space for Canadian content. In Canada, we have the CanCon rules, or the Canadian content rules, where 40% of radio content, for example, must include content of Canadians, and 55% of television content must be Canadian. Radio and television companies also need to pay into the Canada Media Fund.

We have had this system in place for decades. This has long been expected of radio and television companies. On top of that, there is also the fact they have had to pay into the Canada Media Fund. That is an important point to recognize as well.

Here is why Bill C-11 matters. What has been expected of Canadian radio and television organizations for decades would now be expected of streaming organizations such as Netflix, YouTube and Spotify, for example. We need to recognize this is 2022. The last time the Broadcasting Act was modernized was in 1991.

I was in Mrs. Bryne's grade 4 class sitting next to my friends Rob DeVries, Sarah Wuerth and Julie Hearn. Members will not know those names, but those I just mentioned, who were part of those classes, will know what that means exactly and how far back we go. That was grade 4. We have not updated our regulations since then, and we need to.

We need to recognize where we are in Canada's trajectory or how we have evolved as a society. Streaming organizations now play a fundamental role, even more important than radio and television, in terms of content creation. When we talk about our storytellers we look to YouTube, Netflix and Spotify. They play a very important role in that regard.

Recognizing this, the bill puts forward measures in an according fashion so we can keep up and continue to support our artists. The alternative, which I know is favoured by my friends in the opposition, is to allow the free market to reign and allow every individual Canadian artist to compete on their own merits, but to put them up against the mammoth that is the American entertainment industry.

I truly believe in this, and this should not even be a debate. In fact, if we go back to The Tragically Hip, which I mentioned before, its members themselves have made the argument that, were it not for CanCon rules, their success would not have been seen. This is because they would have been up against Pearl Jam and Nirvana. They would have been up against Radiohead, and we can name other examples, on their own, but they were given supports to be on the radio and be promoted in that way. I mentioned a few television series before. Those Canadian programs that are a signature of Canadian culture were supported by the CanCon rules.

For all those reasons, we have to look to our past and learn from it, but also modernize and keep up with the times. Bill C-11 does that by ensuring that streaming organizations do their fair share to ensure a level playing field, support Canadian artists and pay into the Canada media fund. These are not unreasonable expectations of organizations such as Netflix, YouTube and so on, which are doing so well. Obviously, if they are benefiting, they can do their part to support Canadian culture and cultural production in Canada.

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:40 p.m.


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NDP

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.

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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Liberal

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.

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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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.

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

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

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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The Deputy Speaker Chris d'Entremont

The hon. member for Winnipeg North.

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

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

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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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.

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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Liberal

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.

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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The Deputy Speaker Chris d'Entremont

Is it agreed?

Online Streaming ActGovernment Orders

June 20th, 2022 / 11:45 p.m.


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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.

Online Streaming ActGovernment Orders

June 21st, 2022 / 3:45 p.m.


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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:

Online Streaming ActGovernment Orders

June 21st, 2022 / 3:45 p.m.


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The Speaker Anthony Rota

The question is on the amendment. May I dispense?

Online Streaming ActGovernment Orders

June 21st, 2022 / 3:45 p.m.


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Some hon. members

No.