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

May 5th, 2022 / 4:20 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, that is a very important question. We have a different perspective on that. For sure, we all agree in this House, whatever party we represent, that we need to have a share of representation. If we want to have access to something, nothing falls from the sky, so we have to pay for that and the money should get back to where it belongs. If we want to have new products and good wages for that, we need to have a fair tariff.

My colleague talked about Quebecor and TVA, and yes, they have an obligation to produce here. What we are asking is just to be sure that those who produce great-quality documentaries or something else have access to the same platforms that TVA and some others have. We have some concerns with how the bill is written right now, so this is why we are referring it back to the parliamentary committee.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:20 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I would like my colleague to speak about fiscal balance and fairness.

For years, broadcasters and cable companies invested in the production of Quebec and Canadian content. The new players, that is to say digital broadcasters, were given a gift, a free pass, for many years.

My question is simple. Why does he think that Vidéotron should pay, but Google and YouTube should not?

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:20 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, that is a very good question.

In our opinion, this bill does not properly assess the balance we must strike and the fair payment that must be made to all producers and broadcasters, without affecting content quality and creators' initiative, whether on YouTube or elsewhere. Damien, the musician I spoke about earlier, made us understand that.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:25 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, it is always an honour to speak in the House, but particularly on an issue as important as Bill C-10, or rather, Bill C-11. I apologize. I am in the last Parliament.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:25 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Are you literally reading a speech from the last Parliament?

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:25 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

No—

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

There is no going back and forth. The hon. parliamentary secretary should know that.

The hon. member can continue.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:25 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, the broadcasting and communications industry has changed dramatically, and COVID-19 has shown us that it is incredibly important in today's day and age to have access to unfettered news and unfettered communication. Many of us were locked down in our houses for months at a time, and in many cases our sole form of communication was through the Internet. That is the way we communicated with the outside world.

The great news is that Canada is no longer restricted to a few channels. I can remember when I was younger that we had three, four or five channels, and that was it. That was the maximum number of channels. I lived out in rural Canada, so we used to have to move the antenna to get CBC, and that was our one communication around there. Now, we have Twitter, Facebook, TikTok and Reddit, among many other platforms.

I will actually discuss one great communicator. He is from my riding and lives about five minutes from my house. His name is Mr. Wyatt Sharpe. Wyatt is a young man of about 13 years of age, who is one of the leading voices in Canadian politics today. He is leading the discourse on many important issues at 13 years of age.

How did he do it? He started working at the Orono Weekly Times, writing for the paper. Then he moved on to social media. If it had not been for the great access to social media, Wyatt's voice would have been limited to the wonderful but relatively small community of Orono. As it is now, he goes from coast to coast to coast, and if members have not been on the Wyatt Sharpe Show or listened to his podcast, I highly recommend it.

When we look at social media, this bill casts it as another CBC, NBC or broadcasting network. I do not think that is accurate, with respect. I believe the Internet is closer to the public square, where we go out as Canadians and share our views and visions. We might be miles apart, but it is so critical that we have those discourses. It is so critical that we go out on the battlefield of ideas and discuss them. Some of those ideas will fall by the wayside in favour of better ones, yet other ones will be improved and get better. Having that unfettered access to that public square that we call the Internet is so incredibly important.

Canadians have always had the ability to communicate completely unfettered and to share their ideas and visions, and what alarms me about this legislation is the fact that we are moving away from freedom of speech and starting to restrict it. I dare say I am perhaps going a bit too far, but we really do not have to look too far in history or even around the world to look at examples of what happens when the government goes too far in restricting freedom of speech.

We can go back in time and look at the Soviet Union as it pushed out its propaganda and told lies to its people. This held people behind for years and years, sitting in bread lines. Meanwhile, they were being fed that they were actually ahead of the western world, which we all knew was false. We see the modern-day incarnation of that in Vladimir Putin restricting freedom of speech and restricting the Internet as Russians are unable to hear about or listen to the atrocities that are happening in Ukraine.

Freedom of speech is a pillar of western democracy. It really supports many of the other freedoms and rights we all share. It is based on that. It is foundational to our country and many around the world, so when we mess with that foundation, we must do so with the greatest of care. We must use a scalpel, not a sledgehammer.

There are some out there who agree that this is going on, and that content is being curated right now by large multinational multi-billion dollar corporations, so why is the government not in a better position?

The challenge is that there is no one watching the government. When we look at companies that have stepped offside, the government has a rightful obligation to ask for greater accountability and transparency when it comes to sorting, curating and ensuring there are appropriate algorithms. We must do that carefully, and as legislators it is our role to provide that oversight. However, when we have the government watching the government, we have the fox watching the henhouse, and that should be troublesome for all Canadians.

The reality is that when we look at the Internet right now, there are certainly challenges, as I said. Greater transparency with respect to algorithms and otherwise is critically important, but there has been a tremendous growth in Canadian content. The Canadian Media Producers Association suggested that the industry has grown by a record amount and that there have been record investments in film and television, almost doubling in the last decade.

I am inspired by what is going on in my own riding of Northumberland—Peterborough South with Albert Botha, Heather Haldane and the South Eastern Ontario Production Accelerator Fund. This initiative is making southeastern Ontario the next hot spot for a bustling film and TV industry, and I am very proud of what they are accomplishing. On that note, certified Canadian content has grown in recent years. The highest growth for certified Canadian content television has occurred over the past three years.

My fear is that when we change this very foundation, this freedom of speech and freedom of expression, we could do more harm than good, not only by restricting people's ability to express themselves, but in terms of the production of Canadian content itself. While there is no doubt that traditional broadcasters may benefit from the restriction of this content and bringing others into this content, it will almost certainly inhibit the amount of content that is produced when we start to regulate user-controlled content.

The other hallmark, sometimes, of poor legislation is a lack of clarity. Quite frankly, this legislation is replete with a lack of clarity. The hon. minister claims that the legislation features guardrails against overly broad regulation, to keep the nature of the Internet as it is, but there is no specific eligibility. In fact, many of the decisions are pushed onto the bureaucracy, and as much as I respect it and our public service often does a great job out there, it is not ultimately accountable to the people, like parliamentarians are. When we push our decisions onto the bureaucracy, we lose accountability as a government.

Bill C-11 includes many terms that it simply does not define. “User-generated content” is not defined, and “social media” is not defined, yet these words are used repeatedly. One of the troubling sections is the user-generated content. It was excluded and then brought back in, and that is troublesome. We have user-generated content that people are creating from all around Canada and, instead of treating these folks as I think they should be properly viewed, as the public square, as the sharing of discourse, as the battlefield of ideas, allowing all entrants onto the field, it restricts them and starts to treat individuals as it would the CBC and other major broadcasters, making them pay fees and making them subject to content restrictions and algorithm restrictions.

I believe that Canada is best when we let Canadians decide and, unfortunately, this legislation puts the government in the driver's seat, allowing it to make decisions that Canadians should be allowed to make.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:30 p.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, first off, I want to say that the member is incredibly lucky to have Wyatt Sharpe in his riding. What an incredible young individual. By no means should anybody judge his ability to interview people based on his age, because I know from appearing on his show not that long ago that he is a hard-hitting individual who knows his stuff well in advance.

My real concern over the member's speech is his comments with respect to how this bill would somehow limit user content. I cannot help but think that something that made us chuckle at the beginning of his speech when he talked about Bill C-10 might actually be true. What this bill has in it that perhaps Bill C-10 was not as explicit about is a number of sections that reference making sure that user-generated content is protected: proposed subsections 2(2.1), 2(2.2), 2(2.3), 4.1(1), 4.1(2) and 4.2(3).

I am wondering if the member has actually read this version of the bill or if indeed his comments about user-generated content were based on Bill C-10.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:35 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, as always, I admire the passion, although not necessarily the substance, of the member's question.

Proposed subsection 4.1(2) creates an exception to an exception for user-generated content when the user makes some type of profit or dollars from it. That is absolutely brought in and is clear. That is the right answer.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:35 p.m.


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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, I thank my colleague for his speech.

He spoke about how important this is in our society, and everyone knows that Quebec's and Canada's cultural sectors have been waiting for decades for updates to this legislation.

Just a few days after Bill C‑11 was introduced, the cultural sector made a very simple request, that we adopt this bill as quickly as possible. I think those in that sector have waited long enough.

What does my colleague think is needed to pass Bill C‑11?

Why do you not want to pass it as is?

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

I am not saying I do not want to adopt it, so I will call on the member for Northumberland—Peterborough South.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:35 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I thank my colleague for her question.

Unfortunately, this legislation is a failure. Of course, I share the member's passion for Canadian and Quebec culture and would like nothing more than to see it promoted. However, this bill is replete with challenges and difficulties, including a lack of definition and clarity on what Canadian content is and on the regulation of user-generated content, which is very challenging.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:35 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, we can see one of the issues we are faced with if we take the Conservative line that the government is more controlling on this issue. The reality is that we are elected by the citizens of our country to make decisions and set regulations. Some of the things the member raised can be fixed in the bill, and we are looking for amendments to them. However, if we do not do this, then we will leave it to U.S. web giants to have complete control over Canadian artists and their fate.

What suggestion should we go forward with? If we do not get this bill to committee and fix some of the issues, we turn over all of this Canadian content and the artists to the control of web giants in the United States and other parts of the world.

Online Streaming ActGovernment Orders

May 5th, 2022 / 4:35 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, there is no doubt that work needs to be done. The Broadcasting Act needs to be amended and changed. I certainly do not use my Sony Walkman anymore, so we need to update it.

The problem is that this bill is so bad that we need to go back to the drawing board, unfortunately. It has all the hallmarks of bad legislation. It has a lack of clarity. It is overly burdensome to the industry. It also puts too much onus on the bureaucracy and not enough on parliamentarians.