Bill C-11 (Historical)

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

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I heard my colleague from Lethbridge make very glowing comments on culture and artists in general. I think she may have wanted to clarify that she was talking about digital artists, digital-first creators, because they really are the ones my colleague defended throughout the work on Bill C‑11.

I just wanted to know if her sudden affection for culture and artists extended to Quebec artists and francophone artists. I wanted to know if she stands by what she said in spring 2021 when she gave an interview to a local paper in Lethbridge.

She said that the bill in question addressed a very niche group of artists who are stuck in the early 1990s because they have not managed to be competitive on new platforms. According to her, they produce content that Canadians simply do not want. She went on to say that this group of artists comes primarily from Quebec and that they are incapable of living from what they create and are therefore calling for government subsidies. She also said that these artists were outdated.

I just wanted to know whether my colleague from Lethbridge stands by what she said in that interview at the time.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, perhaps it is a bit about control.

Let me talk a bit more about this. This $5 billion that was invested accounted for more than half of all production in this country and 90% of the growth this sector enjoyed over the last decade. That is significant. We are talking about an association, Motion Picture Association Canada, which hired, trained and provided opportunities for more than 200,000 Canadians, who are incredibly talented in the world of creativity. It supported more than 47,000 businesses. These numbers come from 2021 alone. That is a tremendous investment in telling Canadian stories, furthering Canadian culture and celebrating what is possible right here on home turf.

In fact, this is far greater than traditional broadcasters have proven capable of, so perhaps a little truth telling could go a long way and we could take delight in the tremendous success being achieved within our cultural sector.

We have to ask then, given this incredible investment, do we really have a problem? Do we really need this legislation? Is it true investments are not being made into Canada's production industry or that somehow culture is at risk? No. On the contrary, the sector is alive and well. It is simply the gatekeepers, the traditional broadcasters and the unions, do not control the outcome anymore.

Furthermore, this bill is based on the false notion that Canadian content cannot thrive without government intervention. As I have outlined, these production companies are hiring based on merit and their films are succeeding based on consumer demand. Do we really need the government then stepping in and mandating what percentage of content needs to be Canadian, as if the government were to not do that somehow Canadian content would not thrive? A $5-billion investment tells me Canadian content seems to be alive and well.

The problem is that a great deal of truly Canadian content does not meet the government's imposed definition of what it calls “CanCon”. Margaret Atwood's The Handmaid's Tale, for example, is written by a famous Canadian author, is being filmed on Canadian soil, it stars Canadian actors and it employs Canadian producers, but it fails to meet the government's definition of CanCon.

It would be kind of funny, a bit humorous, to realize all that, except that it is incredibly damning to our cultural industry, which takes the humour out of the definition altogether and makes it antiquated and destructive.

Traditional broadcasters are forced to show a certain percentage of CanCon, and they feel stifled by this. Now the Liberals want streaming platforms and new media creators to come under the same rules, to wear the same shackles. Perhaps the government should consider taking the extra regulation off the traditional broadcasters instead of putting those same handcuffs on new media platforms. Perhaps instead of taking us back and maintaining the status quo, we should be looking forward toward a great, vibrant, creative, free future.

Make no mistake. This bill is not about supporting Canadian culture and Canadian artists. It is about protecting big broadcasters and the interests of the government.

Everything I have talked about up to this point is significant, but what makes this perhaps the most egregious piece of Liberal legislation is the fact that it does not just go after large streaming platforms or regulate traditional artists working with the support of a big union or a guild, but it actually extends to user-generated content. In other words, it is about the things that normal, everyday, average Canadians would post online, or ordinary content. Aunty Betty's cat video would be captured by this legislation. Now the government will implore the CRTC to weigh all of this material according to this definition of Canadianness, and that content will either be allowed to stand online or be moved to page 900.

It sounds like a big job. I do not know exactly how the Liberals are going to roll that out, but they seem to be very committed to it. Why do I say they are very committed to it? Well, it is because they had an opportunity to make sure user-generated content was not captured by the bill. They had an opportunity to ensure the bill really was just about the largest streaming platforms.

The Senate made an amendment. In fact, even before the bill got to the Senate, the House of Commons offered the same amendment. The government rejected the amendment here, and then the Senate, after wisely giving this legislation a sober second thought and listening to witnesses, made the same amendment to make sure that user-generated content, ordinary content, was not captured by the bill. What we have learned today is that the government is not accepting that amendment, which is very telling. It tells us that the bill is far more about the government controlling what we can see, hear and post online than it is about anything else. If it were not, then why not accept the amendment?

The bill is about censoring Canadians, all Canadians. The bill would stagnate the progress that is being achieved by modern creators such as the woman who goes by Aunty Skates. She is a South Asian woman based in Toronto. She is in her forties and learning how to skateboard. She decided, in the midst of the pandemic, to start creating videos and bringing people in on her adventure, and she is going viral. The bill would stagnate that.

The bill would also go after homegrown comedian Darcy Michael. He proclaims himself to be a pot-smoking gay man. He talks about how he was turned away from traditional broadcasters, and now he is enjoying tremendous success on YouTube. The bill would target him.

Instead of modernizing the Broadcasting Act in a meaningful way to address the complexities of the digital world, this legislation would simply target the next generation of creators, the next generation of artists and the next generation that thinks outside the box and beyond the gatekeepers. This legislation would pull them back from the future and put them in the past.

This legislation would make sure that these individuals are again put under a regulator, a gatekeeper, that would determine whether their content is sufficiently Canadian to be discoverable or it has to be buried. That is shameful. In short, this legislation is about protecting the status quo rather than allowing progress.

The Senate committee heard from many witnesses with regard to this bill: creators themselves, subject matter experts and legal experts. The thing that was said loud and clear was that a step back needed to be taken and that the content created by individuals needed to be respected, that it needed to be left alone. The government has made it clear at every turn that it does not wish to make that change.

It is scary, and today we are seeing that. We are seeing creators across this country speaking out against this bill. We have seen it for months. Today, knowing that the nail is potentially in the coffin, they are all that much louder. They are concerned about their future.

The truth is that it is not just creators who are concerned, but all Canadians. All Canadians are concerned because at the end of the day, they want to be able to watch what they want to watch. We like on-demand services for a reason. Traditional broadcasters are phasing out for a reason. It is because they take choice out of the equation and Canadians like choice. Canadians are very concerned about the censorship that this bill brings in.

The government says that it wants to remove barriers for under-represented artists. That seems noble. Unfortunately, again, that is not true. That is not what this bill does.

This was made abundantly clear in the Senate. The committee heard from BIPOC and indigenous creators, as well as francophone creators, who all said that this bill would hold them back, that it would stifle the success that they enjoy. They talked about the tremendous success they are currently able to achieve based on their own merit in the barrier-free world known as the Internet. As my colleague from the Senate, Senator Leo Housakos, said so well, “What Bill C-11 does is put limits and barriers back in place and perpetuates a system of picking winners and losers by dictating, based on factors other than individual user preference and choices, what Canadians should post and what Canadians will see.”

At the end of the day, creators do not want this bill because it would hold them back. Viewers do not want this bill because it would control what they have access to online. Creators wish to succeed based on their own creativity and ability, and they are doing so phenomenally well. Most Canadian creators enjoy an audience that is 90% outside of Canada. In other words, they are reaching the world. Is that not celebration-worthy? Furthermore, it has been stated by experts that this bill is so much about censorship and control that it actually likens us to places like China, North Korea and Russia, which Canadians are rightly concerned about.

Canadians want to be able to go online and access the material they wish to access. If they wish to go on YouTube and be given the stuff they want to watch, they can do that right now. They appreciate being able to do that right now, but unfortunately, under Bill C-11, they would be given more of what the government wants them to watch, not more of what they want to watch. Does it not seem dangerous to members that we would be so regressive as a nation that under the government we would succumb to being like North Korea, China and Russia?

On behalf of Canada's amazing creators who have achieved tremendous success, based on their merit, on new media platforms, or who seek to do so, and on behalf of Canadians who value the freedom to choose what they watch and listen to online, I move the following motion. In response to the government's motion, I move:

That the motion be amended by deleting all of the words after the first word “That” and substituting the following: “the order for the consideration of the amendments made by the Senate to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be discharged and the Bill be withdrawn”.

Kill Bill C-11.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, Bill C-11 is a piece of legislation that would impact every single Canadian who has a cellphone, a television or a computer in their home and who enjoys online streaming, viewing or listening to content that is online. That is how big this legislation is. That is how dramatic its impact would be. Permit me to provide an overview of what this legislation does, and then I will dive into the intricacies of the bill and hopefully explain why Canadians would be so impacted by it.

I am going to speak to Canadians. After all, the House is theirs and theirs alone.

Through this piece of legislation, the government is about to give itself the authority to control what Canadians have access to listen to online or to watch online. For example, instead of giving a viewer more of what they want on a platform such as YouTube, things would be ranked in a way that YouTube would be forced by the government to put things in front of us according to its definition of priority. It says it would be in accordance with how Canadian the content is. I will dive into that shortly.

YouTube would be forced to give more of what the government wants us to see, rather than more of what Canadians wish to see. This is problematic, because Canadians go online to access the things they are most passionate about or most interested in. They do not go online to have things pushed at them by the government. The government claims that the bill is about “supporting Canadian culture”. It says that it is about “levelling the playing field”. It is just not true.

Bill C-11 amends the Broadcasting Act by bringing the Internet under its provisions. In the early 20th century, the act was originally put in place to regulate TV and radio. It has gone through myriad iterations since then, but its result has always remained the same. It wants to ensure that Canada's two official languages are both respected by being given airtime and that cultural diversity is upheld. Those are noble goals. This was necessary because the number of TV and radio stations were limited. This finite resource needed to be managed. It needed to be overseen in order to ensure that the platforms were shared.

Unlike these two mediums, the Internet is boundless. In other words, anyone who wants to have a presence on the Internet can have one. The government does not need to regulate which content should be given priority and which content should be demoted, because there is space for all. The success of one individual or one creator online does not take away from the success of another. Everyone can achieve success.

If there was ever a level playing field, the Internet is it. Anyone who wants a website can set up a website. Anyone who wants a channel on YouTube can set one up. Anyone who wants to set up a TikTok account can have one. People have access to platforms within the online world that is boundless. It is quite incredible.

It could be argued that it has never been easier for Canadian content creators from all linguistic and cultural backgrounds to reach a global audience with the content they wish to showcase. If they wish to set up a YouTube channel, to set up a TikTok account or to be on Twitter, they can. The traditional gatekeepers have been removed.

Creators used to have to put together media package. Basically, it was like a portfolio of sorts that showed off their skill, their talent, their ability and what they wanted to produce. They would then walk it over to CBC, to Bell Media, to Rogers or to Corus Entertainment, and would have to beg them to accept their package and to put them on the air. If one or all of these gatekeepers said no, then they were out of luck. They do not deal with that anymore. Now creators can succeed based on their own merit, rather than based on what these gatekeepers desire for them.

Today's creators do not function according to the same rules as in previous generations. That is part of what is so difficult for some to accept. We exist in a new space and we have new ideals, freedom and choice being two of them.

For the minister to say that this bill would somehow modernize the Broadcasting Act and provide support to artists is actually incredibly disingenuous. The minister fails to account for progress. Instead of meeting artists where they are at, and celebrating the tremendous success that they enjoy within the realm of freedom, the government is actually wanting to pull them back under an antiquated system where their content would be weighed and measured and creators would be made into winners or losers, based on what the government wants rather than what Canadians want.

I wish for Canadians to know that this bill would impact them in two damning ways: One, it would censor what they see; and two, it would censor what they say. With regard to what they see, if the Canadian government determines what gets promoted and what gets demoted, then that means only certain content is made available to me as the viewer. In other words, it is censorship.

Furthermore, this bill would censor what an individual can say or post online. Homegrown talent and creative content here in Canada would no longer succeed based on merit, as they do now. Instead, as mentioned, content would be subject to a list of criteria and we do not actually know what that is because the government will not be transparent about it. Through that, the government would direct that these criteria have to be weighed and measured to see if they are met by the artist, and then if they are, it would be deemed Canadian and if they are not, then it would not be. If it is Canadian, it would be discoverable. In other words, it would be bumped up toward the top of our screen. However, if it is not made discoverable, it would get bumped down to maybe page 400, 500 or 600 where nobody looks. This bill is censorship. Not only would it censor what we can see as viewers, but it would also censor what can be posted online by creators and individual users.

Content creators from across Canada, along with consumer groups, have been speaking out about this bill. They are calling it dangerous. Legal experts have called it a grotesque overreach of government. When speaking about this bill, Margaret Atwood, a fabulous Canadian author who is very famous here, did not mince her words when she called it “creeping totalitarianism”.

I want to take a step back and say that there are two things that we can agree on. One, the Broadcasting Act should be updated; that is not what this bill would do. This bill would actually make the Broadcasting Act incredibly regressive, but anyway it should be updated. Two, Canada has a rich and beautiful culture and amazing artists; homegrown talent that absolutely we should look for a myriad of ways to promote and celebrate. How we do these things is where the disagreement comes into play. While the government claims that Bill C-11 is the best way forward, we would disagree. The best way forward is actually a path that preserves individual choice and opens doors to boundless opportunity. This bill would fail to do that.

It might serve us well to just take a pause and step back and figure out where this bill came from. This bill started out as Bill C-10 in 2020 and it has gone through a number of iterations since that time. However, one thing remains true about it: It is still a terrible piece of legislation. It is a terrible piece of legislation that would hinder what Canadians can see online and what they can post online. To put it simply, it would give the government control of our search bars. We think we are searching for one thing and that we will be directed in that way and in actuality, instead, based on algorithms that would be dictated by the government, we are actually sent to something different. That is what this bill would do.

What brought us here? What brought us to this bill's being put in place? There are two groups that are involved in that: the broadcasters and the traditional art unions or guilds. For the broadcasters, we have CBC, Bell and Corus media and they contribute a certain percentage to an art fund. A certain percentage of their revenue goes into that fund and then traditional artists are able to apply for some of that funding and use it for their projects.

Traditional broadcasters, of course, are less and less popular and are contributing fewer and fewer dollars, but they feel penalized by this, so they have gone knocking on the door of the government, saying they should not be the only ones contributing to the art fund, that the government should capture the large streamers as well. Further to that, these broadcasters have to show a certain percentage of their content as CanCon. CanCon does not always sell to their audiences all that well and so, to some extent, broadcasters feel hindered by this obligation. Again, they are watching as streaming platforms are not subject to this rule, so they have gone knocking on the government's door, saying it should really impose this rule on streamers as well.

Many artists are absolutely fabulous and should be celebrated and promoted. There are those traditional artists who belong to a union. They are not at fault, but the union bosses have knocked on the door of the government, saying because the revenues for traditional broadcasters are drying up, there is not as much money going into the art fund, they do not have as much available for their production of traditional art and, therefore, they want more money to be found somewhere, some way. The government then has said it could make the streamers responsible for contributing to the art fund, and so it is.

At the end of the day, Bill C-11 is all about maintaining status quo. It is about protecting the interests of large broadcasters. The government claims, however, that it is about forcing large streaming platforms, such as Netflix and Disney, to pay into a fund that supports Canadian artists and that it is about protecting Canadian culture or levelling the playing field.

If the implication of the bill stopped there, the reality is that would be bad enough, but it actually goes even further. It goes so far as to include user-generated content, the content of ordinary Canadians and the stuff that they put on platforms such as Facebook, TikTok, Twitter, YouTube or Instagram. It does not stop at large foreign streamers. It absolutely captures individuals, Canadians. In fact, the former chair of the CRTC, Ian Scott, made this very clear at committee, not only in the House of Commons but then further at the Senate.

I will talk about this point more in just a moment, but I wish first to comment on the false foundation on which this bill is founded. First, this bill is based on the deceptive notion that Canadian content creators or artists cannot make it on their own merit. How degrading. This bill is based on the premise that they need government to step in and help them, but they are saying otherwise. This bill is based on the lie that the government needs to step in and also make sure that Canadian content is put in front of our eyeballs because, otherwise, we would not choose it. Again, how degrading can one be to Canadian artists and their ability to produce great content?

The fact of the matter is these things are not true, and I would like to explain my reasoning. The heritage minister has claimed that this bill would capture $1 billion from large streaming platforms. That is the amount that it would bring in, and that is meant to help further Canadian culture by helping to support these traditional artists. According to the government, it is forcing large streaming platforms to pay their fair share. At first blush, that might sound reasonable, but that is not actually what is happening here.

The government says that this money will save Canadian culture, but who says that Canadian culture actually needs saving? Who says that it is so fragile that it will fall apart without government intervention? Aside from all that, is Canadian culture not based on what Canadians determine it to be? The reality is the notion that large streaming platforms are not paying their fair share is a myth.

Investment in Canadian productions that would further our culture and tell our stories is not drying up, as the Liberals would like us to believe. On the contrary, huge investments are being made. It is just no longer being done through traditional broadcasters and the unions are not controlling it.

According to Wendy Noss of the Motion Picture Association Canada, who testified at the Senate committee, it spent more than $5 billion across this country in 2021 alone. The government is saying it is going to get $1 billion because of this legislation. This is one association and it is putting $5 billion per year into this country, so one cannot tell me or Canadians that somehow investment in homegrown talent is drying up. It is just not true.

If the money is being invested in talent, what is this bill really about?

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, the hon. colleague has said that the Conservatives are taking the side of tech giants. However, there are legal experts, as well as other experts in the field, including former CRTC commissioners, who have serious concerns with Bill C-11. Who is really misleading Canadians? Is it that member of Parliament, those legal experts or the former CRTC commissioners?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, it is difficult to catch up here, as we are, looking at the government's response to changes made to Bill C-11 in the Senate. However, I am going through this carefully, and it seems there are a couple of places where the government has rejected an amendment that came from the Senate, because as suggested here, it is beyond the scope of the bill.

My experience is, in cases where the government thinks it is beyond the scope of the bill, that an objection would be put before a clause-by-clause process in the other place, and that would usually stop it from going forward. Perhaps the hon. parliamentary secretary could explain how this is, and explain whether the government would reconsider if these amendments are truly beyond the scope or if it has any discretion to accept these amendments at this point.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I thank my colleague, the parliamentary secretary, for his speech. I also want to thank him for the very collaborative work we are doing at the Standing Committee on Canadian Heritage. We went through some tough times, battled some strong headwinds during our study of Bill C‑11. I congratulate him on his hard work.

Obviously, when we are working on a bill as important as Bill C‑11, which will have a huge impact on Quebec's and Canada's broadcasting systems and cultural industries, all kinds of stakeholders want to have their say at various stages of the process. Just recently, the Government of Quebec spoke up to say that it has a few demands. There are things that are important to the Government of Quebec. I believe the parliamentary secretary is aware of some of those demands.

I would like to know if the order the minister issues to the CRTC will address the demands laid out by the Government of Quebec.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, I would like to add a few comments on Hon. Marc Garneau's retirement.

I was fortunate to serve as his parliamentary secretary when he was the minister of transport. It is funny, when I was appointed someone came to me and said, “Hey, you know, there are a pile of schools in this country already named after Marc Garneau.” It is unusual in this place to meet someone with such incredible history, such incredible service, who has already had schools named after him and had already been appointed to the Order of Canada before coming to this place. He engaged in a lifetime of service through the navy, as an astronaut through the Canadian Space Agency and in this place for 14 years. As was mentioned by many speakers, his absence will be felt significantly.

However, we are here today for Bill C-11, and this bill has had a long journey. In one form or another, we have been debating this bill since the fall of 2020. We have kept working hard and we never give up, because we know how important this legislation is.

Our goal has never changed. From the start, it has always been about making sure Canadian stories and music are available to Canadians. It is as simple as that. The stories and music are the beating heart of our culture, a culture we have always supported and promoted. We are not reinventing the wheel here. We would only be updating our laws to clarify that digital services and platforms have obligations to support our cultural sector.

It is kind of amazing that we would look to Canadian companies like Bell or Rogers and say that of course they have to support Canadian culture. However, some in this place would say that foreign tech giants have no such obligations.

We had an opportunity during the committee meeting to hear from Gord Sinclair of The Tragically Hip. He talked about how the Broadcasting Act helped his band, The Tragically Hip, which comes from a small town in eastern Ontario, to become well known and respected across the country. He spoke in support of the legislation so that there could be more Tragically Hips in the future.

The Broadcasting Act has helped Canadian culture to flourish and grow for more than 50 years. I mentioned The Tragically Hip, but we can think of all the bands and musicians we love, as well as the Canadian TV shows and films that have entertained us and found audiences all over the world, thanks, in part, to the Broadcasting Act. We want to ensure that the success continues to serve Canadians well, now and into the future.

So much about how we produce, engage with and access digital content has changed with the increasing dominance of digital broadcasting. We must act to ensure that Canadian artists, storytellers and Canadian culture do not get left behind. We must act to ensure that all voices have a chance to be heard and to ensure that Canadian culture reflects the realities of our diversity.

We know how important it is to get this right. That is why, from the start, our efforts to modernize the Broadcasting Act have been a collaborative effort. We have worked with and heard from Canadians to find the right solutions. We have held public consultations; heard from key stakeholders in the industry; listened to the ideas and concerns of artists, content creators and everyday Canadians; and worked across the aisle with members of all parties to help shape this bill.

Now, as we know, only one party in Parliament has decided that it knows better than Canadian artists, creators, producers and all the workers in our cultural sector. Conservatives, unfortunately, really went out of their way to protect the interests of web giants, just like they did during the committee study of Bill C-18. When Facebook came to testify, we saw Conservatives stand and act as the PR reps for the tech giants. They did not need to hire lobbyists, since they had, for free, Conservatives standing up and supporting them. I have to tip my hat because the Conservatives were pretty good at it.

They spent hours filibustering. The Conservatives filibustered when the minister was supposed to appear at committee. They filibustered when the CRTC commissioner was supposed to appear at committee after having demanded that the CRTC commissioner appear. They filibustered during clause by clause. They even filibustered their own motions. These committees do not need lobbyists representing them. As I said, they have the Conservative Party of Canada lobbying for them.

I hear an hon. member on the other side heckling because I know he is so upset at his party for acting for companies like Meta and Google. It is the only conservative party in the world that stands with tech giant. The Republicans in the United States and conservatives in Australia or Europe do not. In those countries, political parties are united for their citizens against tech giants.

It is unfortunate that Conservatives here cannot see past partisanship and that they stand with Facebook, Google and TikTok. Shockingly enough, time after time at committee, we heard Conservative members stand and defend TikTok, defend their lobbyists, and stand with and deliver their talking points as if they were coming straight from lobbyists from TikTok. These companies do not need lobbyists; they have the Conservative Party.

I want to take a moment to acknowledge a collaborative effort by the New Democratic Party and the Bloc Québécois. I want to thank everyone who made a contribution to the long development of Bill C-11. They have helped make this bill stronger and better, and they have done a great service for Canadians. I particularly want to thank our colleagues in the other place for their careful study of Bill C-11 and the amendments they proposed for consideration.

I am pleased to say that the government is fully supporting 18 of the 26 amendments brought about in the clause-by-clause study of Bill C-11. We are also accepting another two amendments with modifications. This is another testament to the truly collaborative work that has gone on.

I think it is important to highlight many of the things we can all agree on when it comes to Bill C-11 and the many ways we have all worked together to make it a better bill. In the spirit of collaboration, we should make it easier to support this motion.

I would like to turn to addressing the proposed amendments. As I said, the government has agreed to adopt 18 of them. There are only eight amendments the government respectfully disagrees with or proposes changes to. Let me take some time to explain the government's position on each of these amendments.

To begin with, the government respectfully disagrees with the proposed amendment to the definition of a “community element”. This amendment does not refer to the broadcasting undertakings that make up the broadcasting system, and may cause interpretive issues in the application of the act.

The government also respectfully disagrees with the proposed amendments to compel online undertakings to implement methods, such as age verification, to prevent children from accessing explicit sexual material.

While we understand the importance of this issue and have forthcoming legislation on it, which I hope will address it, we oppose this amendment for the simple reason that it seeks to legislate matters in the broadcasting system that are beyond the policy intent of the bill.

To reiterate what I said from the start, our purpose with Bill C-11 is to include online services and platforms, and broadcasting systems. This amendment falls outside the scope of the bill.

Next, the government respectfully disagrees with the proposed amendment to clause 4 limiting regulation to sound recordings uploaded by music labels for artists. We disagree here 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 the distribution of commercial programs.

We need the flexibility to make sure that, whenever an online streamer acts as a broadcaster, they do their part to support Canada's cultural sector. That is really what this bill comes down to. It would also prevent the broadcasting system from adapting to technological changes over time, which ultimately is the very matter we are trying to address with the bill.

The fourth is that the government respectfully disagrees with amendment 6 because of concerns that it could limit the CRTC's ability to impose conditions respecting the proportion of programs to be broadcast that are devoted to specific genres, both for online undertakings and traditional broadcasters.

This could have the impact of reducing the diversity of programming on traditional airwaves, an outcome which goes against one of the primary policy objectives of this bill.

Regarding amendment 7, we are proposing that a change of wording be made to subsection 7(a) in order to better underscore the importance of supporting creators and to sustain and build on Canada's creative sectors.

The government also respectfully disagrees with subsection 7(b) which proposes that no factor is determinative in establishing Canadian content rules. The proposed amendment would impact the flexibility of the CRTC to determine the appropriate definition for Canadian content. Our position on this is simple; we agree with the fundamental principle that Canadian content is first and foremost made by Canadians.

Another change we are proposing is to amendment 9(b) concerning public hearings. Here the government suggests the deletion of subsection 2.1, which calls for a public hearing to be held after a proposed regulation or order is published. The CRTC consults interested parties before a regulation is developed, not afterwards. Requiring a second public hearing after decisions are taken by the CRTC during regulatory proceedings would entail unnecessary delays in the administration of the act.

Finally, the government respectfully disagrees with amendment 11, which seeks to prohibit the CBC from broadcasting an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming. Here, again, our reasons for disagreement go back to the core objectives of the bill. The issue addressed by the amendment falls outside the scope of Bill C-11 and its policy intent, including online undertakings in the broadcasting system.

I have outlined the government's position with respect to the excellent and thorough work completed by our esteemed colleagues in the other place. We have agreed to the majority of the proposed amendments, and we disagree on just eight points. Overall, I see the collaborative efforts that have brought us here, and they were of great success.

We have arrived at this point, just shy of the finish line, thanks to the contributions and hard work of parliamentarians, public servants, industry experts, content creators and Canadians. Now is not the time to abandon the commitment to collaboration. We will continue to listen.

Should this bill receive royal assent, the Governor in Council would issue a policy direction to the CRTC on how the new legislative framework should be applied. This would require a notice period of at least 30 days, during which stakeholders and other interested persons may provide comments, concerns and recommendations regarding policy direction.

The CRTC would hold its own public processes prior to implementing the new broadcasting regulatory framework. This would provide a further opportunity for all stakeholders, including radio broadcasters, online streamers, distributors, artists, producers and industry groups to provide input.

As members can see, we will now continue to move forward together. We will ensure Canadian artists and storytellers thrive and prosper well into the digital age and that the beat of Canada's diverse culture is heard loud and clear, everywhere for everyone.

Freedoms in Canada

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, in Communist countries like China and North Korea, the government determines what online media content people can and cannot see. The government determines what content is suitable for the country.

The Liberal government has brought forward Bill C-11, which would allow cabinet to tell the CRTC what the criteria for acceptable content are. It would also allow them to use algorithms to either allow the content to be seen by Canadians or bury it.

The Senate tried to bring amendments to exclude individual content from being censored, but the Liberal government has said it will refuse to accept these amendments.

Canada is not yet a Communist country, and Conservatives want to ensure that Canada remains the freest nation on Earth. In order to do that, we need to kill Bill C-11.

Canadian Heritage

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, Bill C-11 is an unnecessary and grotesque overreach of government control. It censors what Canadians can see, hear and post online. The minister has said that this bill is about “support[ing] Canadian culture”, but that is actually not true. The bill stifles creators' voices. In fact, subject matter experts have said that it likens Canada to countries like China or North Korea.

Will the Prime Minister stop this damning overreach and kill Bill C-11?

Freedoms in Canada

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, Canadians love watching YouTube, they love listening to music on Apple or Spotify and they sure enjoy bingeing on things like Netflix, Disney and Prime. They love it because they have control over what they watch and when they watch it.

Creators have never had it better. As long as they have access to the Internet, they can start a channel or make a presence online. As long as they are willing to work hard and put in the creative energy, they can achieve great success, not just in Canada but around the world.

Bill C-11, however, is about to change that. Bill C-11 would give the government the power to censor what Canadians can see and post online. Content creators from across Canada, along with consumer groups, have spoken out about the dangers of this bill. Legal experts have called it a grotesque overreach of government. When referencing this bill, Margaret Atwood did not mince her words in calling it “creeping totalitarianism”.

Today, we are calling on the government to kill Bill C-11.

Digital Charter Implementation Act, 2022

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, we are here today to debate Bill C-27, the digital charter implementation act. With this bill, the government seeks to bring Canada's consumer privacy protections up to date, to create a tribunal to impose penalties on those who violate those protections and to create a new framework on artificial intelligence and data.

For my constituents, I think the most important question is this: Why are consumer privacy rights important? Our personal information has become a commodity in the modern world. Businesses and organizations regularly buy, sell and transfer our personal data, such as our names, genders, addresses, religions, what we do on the Internet, our browsing history, our viewing and purchasing habits, and more. This happens so often that it is almost impossible to know who has access to our sensitive data and what they do with those personal details. Unfortunately, this bill fails to adequately protect the privacy of Canadians and puts commercial interests ahead of privacy rights.

The first part of this bill is the consumer privacy protection act, and I will note, as many others have during this debate, that it is really three bills in one. It is the largest part of this bill and brings in new regulations on the collection, use and sale of the private data of Canadians. I will cover three issues that I have found in this act in the first part of this bill.

The first issue relates to how organizations may collect or use our information without our consent. Subclause 18(3) states:

(3) An organization may collect or use an individual’s personal information without their knowledge or consent if the collection or use is made for the purpose of an activity in which the organization has a legitimate interest that outweighs any potential adverse effect on the individual resulting from that collection or use

Without defining what a “legitimate interest” is, this subclause risks giving organizations free rein to define “legitimate interest” in whatever way suits their own commercial interests.

The second issue I will cover relates to how the bill would protect the privacy rights of children. Subclause 2(2) states:

(2) For the purposes of this Act, the personal information of minors is considered to be sensitive information.

However, nowhere in this bill are the terms “minor” or “sensitive information” defined. This will lead to confusion about how the personal information of children should be handled, and will ultimately lead, in my opinion, to weak protection of that information. There is also no other provision in this legislation that regulates the collection and use of children's personal data.

Every parent in the House of Commons is very concerned about their child going on Minecraft and about their interactions with other people and other gaming sites. This bill does not do enough to protect children in the context of online gaming.

The last issue I will raise in this act relates to when organizations can rely on implied consent to collect and use personal data. Subclause 15(5) states:

(5) Consent must be expressly obtained unless, subject to subsection (6), it is appropriate to rely on an individual’s implied consent, taking into account the reasonable expectations of the individual and the sensitivity of the personal information that is to be collected, used or disclosed.

This subclause highlights that the bill lacks a clear definition of “sensitive information”. This means that organizations will have free rein to determine when they can rely on implied consent, and they will be free to decide what information is or is not deemed sensitive according to their interpretations and not the legislation's interpretation.

The second part of the bill relates to the creation of the new personal information and data protection tribunal act. The bill would create a new semi-judicial body with the power to levy financial penalties against those who violate the CPPA, the first part of the act. I question whether this tribunal would be able to enforce the penalties outlined in clause 128, which are tied to global revenue and a proportion of profit in the previous fiscal year.

How does the government plan on ensuring accurate figures? Does the government really believe that it will go after Google in a global context, hold Google accountable and collect up to 4% or 5% of Google's global revenue? It is farcical.

We need very clear and very big amendments to this section. We need to question whether we even need a tribunal, because if it is in charge of enforcing clause 128 of the bill, I already know it is going to fail.

Under the third section of the bill, the artificial intelligence and data act, new provisions would be created that apply to the private sector. However, this bill does nothing to address the relationship between government and artificial intelligence.

Right now in Parliament, we are debating Bill C-11, which talks about the government's use of algorithms in the context of the CRTC. This bill has rightly infuriated Canadians across the country who are concerned about how the government would determine what people say and do on the Internet and where they would be directed. Why is the government not trying to apply the same standards upon itself as it is trying to apply on private corporations?

I want to address some other key oversights in the bill.

First, in the U.K., EU and even Quebec, certain personal details, such as race, sexuality and religion, are given special protection in comparison with other personal information. Why does the government believe the most identifiable aspects of our personal information are not worthy of being defined as sensitive information in the context of privacy law?

Second, the bill does nothing to regulate the sale of personal data. I am reiterating this point. In a world where the sale of personal data has become an integral part of our economy, why is the government not concerned with setting clear rules on how data and what kinds of data can be bought and sold, especially in the context of children?

Third, the bill fails to regulate the use of facial recognition technology. The RCMP used Clearview Al's facial recognition database, which was illegally created. Why does the government not think it is appropriate to ensure this never happens again?

Fourth, the consumer privacy protection act and the personal information and data protection tribunal act proposed in this bill are nearly identical to the acts proposed under last Parliament's Bill C-11. The consequence is that Canada's consumer privacy laws will be out of date by the time they come into force.

This bill was an opportunity to put forward strong regulations on the collection and use of personal data, but it failed to meet some basic criteria and thresholds. While the increased penalties for violating the act are welcome, they are watered down by the implementation of a tribunal that would take months or potentially even years to make a decision and levy fines. It is even questionable whether such a tribunal could actually do what it is purported to be responsible for.

Do we really need privacy legislation that fails to protect the privacy of Canadians? Do we really want privacy legislation that fails to put consumer interests ahead of corporate interests? Do we really want privacy legislation that fails to protect the personal information of children? Do we really want Al regulations that do not apply to government? Frankly, the government needs to withdraw Bill C-27, break it up into different parts and come back to Parliament after it has looked at the drawing board again and done something a little more comprehensive.

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, as the member is aware, this bill is actually three bills packaged into one. It was the NDP that asked for a division to vote on artificial intelligence. The previous manifestations of Bill C-11 were enhanced with this bill.

What are his thoughts on the fact that this is the first time we are debating how to regulate artificial intelligence? Would it have been more appropriate to have an entirely separate process, as opposed to packing it in with two other pieces of legislation that we have done before? We have at least had some review in the chamber on one them, and they are less controversial in many respects. I would appreciate his comments on that.

I thank him for referencing Jim Balsillie, who has done a tremendous amount of work on this issue in protecting Canadians' privacy rights, which is the same as what the NDP has done. Physical rights and digital rights should be equal.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, we have talked a lot about Bill C-18 and Bill C-11. There have been many comments from people outside of this place, like experts in the field. Lots of different things have been said, and the reality is this. The government is going to have gatekeepers in place who will tell Canadians what they can see and what they can hear on the Internet. That is what we as Conservatives are fighting against. We do not want the government to be the one to tell Canadians what they can see, what they can read and what they can post online.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I, too, found my colleague from Saskatoon West's comments on Bills C‑11 and C‑18 quite interesting. There will be an opportunity to return to Bill C‑11, likely later. I was particularly surprised by the comments on Bill C‑18, especially in a context where Google is currently blocking access to news content for nearly 2 million Canadians, which is no trivial matter. By the way, we still do not know why.

I have heard so much misinformation, it is outlandish. Bill C‑18 requires digital giants to negotiate agreements. It is not forcing them to do anything other than negotiate agreements to pay the companies that produce the news content they use and get rich off of. It seems quite logical to me.

The point I took the most issue with in my colleague's comments was when he said that Bill C‑18 will allow the government or the CRTC to decide what news people will be able to access online.

Since he seems to be an expert on the subject, I would like him to tell me specifically what clause of Bill C‑18 would allow the CRTC to do such a thing.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, I have many things to say, but where to begin?

First, Google is one option. There are many other browsers that can be used. If someone does not like one of them, they can go to another. That is the beauty of the free market and companies providing services.

The other thing is that Google's response was a direct response to the government's proposed legislation. The government refuses to admit that there are consequences to what it is proposing. There are significant consequences to the government dictating what consumers in Canada can see. This will affect everybody from consumers themselves to the companies that provide content.

It is an example of the government being completely oblivious to the real implications of what it is proposing with its legislation in Bill C-11 and Bill C-18.