Bill C-11

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

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I agree with my colleague. It is high time we pass Bill C‑11, for the cultural sector and for our local artists and craftspeople who tell our stories.

I would like the member to take a minute to reassure us, and reassure everyone, Quebeckers and Canadians alike, that, despite the Conservative propaganda, when it comes to freedom of expression, we are still going to be able to post pictures and videos of our cute cats and dogs on YouTube, and we are still going to be able to say whatever we want.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, in my speech, I said that Bill C‑11 is clearly focused on commercial interests.

What I am hearing the Conservatives say is that we want to restrict free speech. Their talk about individuals is no different from the misinformation they spread about cat videos.

Worse than that, what I am hearing from Conservative MPs is that Bill C‑11 is designed to cater to Quebec's spoiled little francophone artists. That is Quebec bashing, and it is insulting to our artists.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, the answer is simple. Artists in my community have explained to me how this will affect the music industry in particular. At this point, Quebec francophone artists are losing market share and revenue.

Every day that Bill C‑11 does not pass is another day that artists have to fight to keep our culture and the French language alive, and another day that artists will lose money and will struggle more financially.

It is as simple as that. This bill will help our artists to continue producing content in their language. The same is true for indigenous languages.

[Jenica Atwin, Liberal, Fredericton, NB]

Mr. Speaker, I thank my colleague for her speech.

As a Canadian, but also as a mother of two sons who are growing up in a rapidly changing world that is increasingly online, I want them to see their identity, their values and their country represented.

What is at stake if we do not pass Bill C‑11?

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I humbly rise today following my wonderful colleague from Berthier—Maskinongé's speech about this bill, which is important for Quebec culture and is central to the very mission of the Bloc Québécois. I would also like to commend my colleague from Drummond for his superb work on this file.

Broadcasting is without a doubt the most effective tool for spreading culture, and it helps define our national identity. Given the rapid development of information and communication technologies, the Bloc Québécois obviously supports the idea of modernizing the Broadcasting Act, which has not been updated since 1991. Back then, I was still listening to music on cassette on my yellow Walkman, and I was only just beginning to take an interest in CDs. I had scarcely even heard of the Internet. The Bloc Québécois contributed substantially to improving the previous version of this bill, the infamous Bill C-10.

I will briefly address the new version, Bill C-11, in my speech. First, I will talk about protecting and promoting original French-language content. I will then discuss the misinformation circulating about the bill. I will conclude by discussing the importance of the bill for local media.

First, let me mention a few crucial aspects regarding the protection and promotion of original French-language content: the discoverability of Canadian programming services and original Canadian content so that there is more original French-language content, proportionally speaking; the promotion of Canadian programming in both official languages, as well as in indigenous languages; a compulsory contribution to the Canadian broadcasting system should a company be unable to use Canadian resources for its programming; the presence of first-run French-language content in order to ensure that platforms like Netflix have new French-language programs, not only old shows; and a sunset clause ensuring an in-depth review of the act every five years.

The Minister of Canadian Heritage promised us that the Bloc Québécois's amendments would be included in the new version of the reform, and indeed they are almost all there. Since nothing can be left to chance in such a bill, we are making sure that we can course correct in the event that changing one simple word has a major impact on the effect of the clause. We have to keep in mind that we want a piece of legislation that will not be obsolete as soon as it is passed. Technology is developing very quickly, and we need a long-term vision to ensure that the act does not become outdated after just a few years. Flexible legislation is important.

From day one, the Bloc, backed by Quebec's entire cultural sector, was the party that worked the hardest on improving Bill C‑10 and getting it passed before the end of the parliamentary session. During the last election campaign, making sure that Bill C‑10, now Bill C‑11, was passed was even the first item on our election platform under arts, culture and heritage. Quebec's and Canada's cultural sectors have been waiting for decades for this act to be updated. The cultural sector made a simple demand just a few days after Bill C‑11 was introduced. It asked us to ensure that this bill passed quickly, because the sector had waited long enough.

Essentially, the objective of the bill remains the same: to apply the Broadcasting Act to the web giants by forcing them to contribute financially to the creation and discoverability of Canadian cultural content. The Canadian Radio-television and Telecommunications Commission, or CRTC, will receive new powers that will allow it to determine which online services will have to be regulated and what quotas will need to be met.

Bill C‑11 will help better regulate video streamers such as Netflix, Apple TV+, Disney+ and Amazon Prime Video, but also companies that specialize in streaming music online such as Spotify, YouTube and Apple Music. Bill C‑11 will require these companies to contribute to Canadian content when commercial items such as albums are downloaded and distributed on their platforms.

The exclusion clause, namely clause 4.1, addressed earlier, has been revised. Now creators, users and social media influencers are exempt from the legislation. It still needs to be taken into account. The money a creator earns from their content is immaterial in the eyes of the new legislation. So-called amateur content on social media would be exempt. The legislation focuses specifically on commercial products.

The CRTC will also have the option to impose conditions associated with discoverability and the development of Canadian content. The bill will not touch the algorithms that can influence the recommendations made to users. The department says it wants to focus instead on discoverability outcomes and not intervene directly with respect to web giants' algorithms. Quebec, francophone and Canadian content must be much more accessible on platforms. Ottawa is trying to give the CRTC the power to hold discussions with each of the digital companies to determine how much they could contribute to Canadian content based on their business model.

Second, I would remind members that the Liberals, the NDP and the Bloc supported and tried to improve this bill that the Conservatives were against from the outset. They engaged in a smear campaign and tried to find all kinds of far-fetched flaws. They really used their imagination. In Parliament, they used a variety of stratagems to slow down the process, both in committee and in the House. They took the House hostage under false pretenses, claiming that the bill infringes on freedom of expression.

However, since 1991, there has been a provision that forces the CRTC to respect freedom of expression. This provision has always been respected, and there is nothing to indicate that that will change. Pierre Trudel, a law professor at Université de Montréal who is an expert on the CRTC and information technologies, reassured us of that. He categorically stated that the freedom of Internet users is not at risk. There is no thought police on television, and there will be no thought police online.

Given the popularity and growing use of online platforms, there is no doubt that the legislation needs to be reviewed. According to ADISQ statistics on the music consumption habits of Quebec francophones over the age of 15, 50% of users follow YouTube's recommendations when choosing their playlists. When it comes to streaming services, 26% of users choose music suggested by the platform through playlists, and 17% follow recommendations. This is based on their past listening habits. These figures illustrate the importance of making Quebec and Canadian francophone content easily discoverable to users on online platforms in order to give it a boost.

Solutions do exist to address the algorithms. One option to consider would be for Spotify and Apple Music to offer a lot more francophone playlists.

Part of the CRTC's mission is to ensure the proper functioning and development of the Canadian broadcasting system. In doing so, it must respect freedom of expression and the other foundations of the Canadian Charter of Rights and Freedoms.

Third, both Quebec's and Canada's broadcasting industries are in crisis. According to an August 2020 report from the Canadian Association of Broadcasters, or CAB, local television and radio broadcasters were projected to face a revenue shortfall totalling $1.6 billion between 2020 and 2022. According to the CAB, 50 radio stations were at risk of shutting down within four to six months of the report's release, and another 150 could go silent within 18 months, resulting in 2,000 job losses, or 24% of 2019 employment levels. The report added that at least 40 of the 95 private and local television stations in Canada would cease operations by 2023.

The most vulnerable operations are AM stations, independent stations and other private radio and TV stations in smaller markets across Canada. Radio and television revenues have been declining for several years, and COVID-19 exacerbated these disconcerting trends.

We know that the Internet has revolutionized the way Quebeckers, particularly young Quebeckers, consume their favourite TV shows, movies, radio stations and music. Consumption trends have drastically changed. The online broadcasting market is dominated by foreign players. We need to take that into account.

Young Quebeckers are especially likely to skirt the traditional broadcasting system. The vast majority of young francophones aged 15 and up frequently listen to music on YouTube. We therefore need to ensure that they are offered francophone content.

A study conducted by CEFRIO, a research and innovation organization, found that over eight in 10 Quebeckers used a social media site in 2018, an increase of 16% compared to 2016. It is clear that the Internet is changing usage and listening habits.

Since I have only about a minute left, I just want to give a few statistics from the Canadian Audio-Visual Certification Office. Canadian content production decreased by an average of 12.4% per year between January 2017 and December 2020. It is important to remember that media outlets are currently in crisis, mainly because they have lost their advertising revenue to web giants.

In conclusion, the Yale report was clear: Canadian content is important. It said that if we do not tell our own stories, no one else will. That really made an impression on me. That was why the report set out a suite of recommendations on financing Canadian content with public funds, imposing spending requirements on foreign online broadcasters, and strengthening CBC/Radio-Canada.

One last thing before I wrap up: Last night, I met with Martin Gougeon from the Théâtre de l'Ancien presbytère. He is an artist who has made it his mission to promote our francophone culture to young students. I have also met with local media representatives many times. They are all unanimous. Quebec's cultural and media communities want this. Let us pass Bill C‑11. Enough dawdling.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, first, I would like to say I will be sharing my time with my very distinguished and dynamic colleague from Shefford.

Let me make a few things clear. Bill C-11 deals with culture, not censorship. Bill C-11 deals with national identity and pride. Culture is the essence of who we are. This bill does not promote censorship, it promotes and showcases our culture. I would even say that it seeks to showcase our cultures: Canadian culture, Quebec culture and indigenous cultures.

The bill seeks to give more visibility to culture. This is not about telling people they can no longer listen to certain content. Since the beginning of the debate today, we have been hearing all sorts of things. In fact, we have been hearing these things for two years, since Bill C-11 is the former Bill C-10. We hear things about cat videos, for example. Let us be serious.

The threat does not come from censorship because of Bill C-11. The threat comes from the platforms that have changed the world of telecommunications. That is the threat.

We are working on Bill C-11 to review an act that was amended for the last time in 1991. Must I remind you that, in 1991, we did not all have cellphones in our pockets? It was a completely different world, which is why we need to review the act.

The cultural community is asking for this, as is everyone else. We are not just being asked to pass the bill quickly. Quebec’s cultural community is asking us to hurry because it needs this legislation. They are losing $70 billion a week. On reflection, that may be a bit high. I will have to check the figures later in my notes. Let us say that, every week we delay the passage of this bill, they are losing a lot of money. Let us protect our people.

What does Bill C-11 do? It ensures the protection and promotion of original content. For us, that means French-language content, which is what concerns us. Of course, it also ensures the protection and promotion of original Canadian productions in English and indigenous languages and productions created by certain visible minorities. If we want to protect Canadian content and boost visibility, we need to bring in incentives. We are not talking about banning people from posting on Facebook and saying what they want. This is not about imposing choices, it is about raising their visibility. It is about ensuring discoverability.

Let us consider how small the percentage of French-language production in North America is. If we rely only on the number of times videos are viewed by users, French-language content will not be suggested very often. That is the problem. It is not about playing with algorithms. It is about giving the CRTC the power to talk to these companies and see what they can do to give local culture more visibility. It is a matter of promoting and showcasing our culture.

Let me draw a parallel here. When we look at platforms, we see that there is very little French-language content and that needs to be fixed. When we look at the boards of directors of Canadian and Quebec companies, we see that women are under-represented. In both cases, we need to take action to fix the situation. Obviously, we do not want to prevent anyone from applying, but we want to make sure that the positions are accessible to women and that women receive those kinds of job offers. The same thing applies to culture.

With Bill C-11, we want to improve the visibility, and therefore the profitability, of our local French-language productions and put in place a mandatory contribution to the Canadian and Quebec broadcasting system.

A mandatory contribution is more than just running old television shows. We want the platforms to participate in the creation of real local content. An American movie filmed in Vancouver is not local content. We certainly benefit when American filmmakers shoot in Vancouver. We support that. However, local content is something local produced by local artists who represent us. That is what culture is.

When racialized people say that they watch television and do not see themselves, that is a problem. These people should be able to see themselves and identify with the characters. That is why we are trying to increase representativeness. It is the same thing.

We simply want to expand the coverage of the Canadian Radio-television and Telecommunications Commission, or CRTC, to all media we interact with. We need first-run French-language content.

With this bill, we are telling the major American platforms that stream content in Canada and invade our markets that we are relatively happy because that is a good way to disseminate information, it gives more people greater access to information. Furthermore, streaming does not restrict access to cat videos; then again, it invades our market. That is where we have the right to say, as a state, that we have a culture to protect.

I often talk about the agricultural exemption in the House. This morning, I talked about the agricultural exemption. We cannot act without protecting our culture. It is important. We have the right to tell the people who come and make money in Canada that we are happy to welcome them and that it is a good thing, just as we have the right to tell them that we would like to recognize ourselves in our media. We are not asking them to ban certain content, but to showcase local productions that represent our people. That is the idea.

There is another very positive element in Bill C-11. It makes no sense that, in 2023, we are revising a broadcasting act from 1991. That is a major oversight.

The bill includes the obligation to review the act at least every five years. To those who have concerns, I would say that we are capable of being intelligent and implementing a reasonable policy. After the law is in effect for a few years, we will review it all to see how things went and what the impacts were. That is the important part.

I want to spend the last few minutes of my speech emphasizing that the Quebec and Canadian cultural community wholeheartedly supports Bill C‑11.

I just found the figure that I mentioned earlier. I should have said “millions” rather than “billions”. I thought that seemed like a lot. According to the former Canadian heritage minister, we would lose $70 million every month. I do not know whether those numbers were validated, but I am assuming that they were.

This important bill is one of three related and highly anticipated bills in this Parliament. As parliamentarians, I would like us to quickly pass them. There was Bill C‑11 to promote our local content. There is also Bill C‑18, which will complement it. Communications platforms will pay something to use news content in order to encourage our journalistic community. That is important. Finally, there is a third bill on online hate, which we need to regulate.

Once again, this is not about censorship, but about living together, being reasonable and creating a world where the Internet is a bit more representative of who we are. We need to see ourselves on television every once in a while, see ourselves reflected in the programming so that we do not forget who we are. I said television, but it is the same thing for the things we watch on a computer screen.

Let us stop wasting time and pass this essential bill.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, to enter the mind of the Liberal government is something beyond my ability. Certainly, I wish I could, at times, although I suppose that would be a scary place. I am not really a fan of horror movies. Nevertheless, the question is a thoughtful one, so I will give it a thoughtful answer.

The Senate brought forward some really great amendments on Bill C-11, and I wish to comment on two of those in particular.

The Senate removed clause 7, which gives cabinet the ability to direct the CRTC. This allows for partisanship to enter the bill. That is a scary thought for any government. It does not matter who is in power, whether the Liberals, the NDP or the Conservatives.

There should never be partisanship introduced into a bill like this. However, clause 7 allows for that. The Senate tried to remove it; the government put it back in. That should be very telling to Canadians as to what its intent is.

Second, the Senate took clause 4 and changed it in order to protect user-generated or ordinary content that people would put online. The Senate removed that and protected users.

The government made sure that it changed that and gave itself the power to regulate individual user-generated content. Again, I think that is very telling in terms of what the government intends to do with this bill.

I cannot suppose why it would make those decisions except that it wants to hold the power; direct what Canadians can see, hear and post online; and make sure that it maintains its thumb on the Internet, and in doing so, censors what Canadians can access.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, what the hon. member has left out of his statement is the fact that the Quebec government, under Premier Legault, has written an open letter to the Liberal government pointing out that it is censorship. That is an interesting fact that the hon. member might want to include next time, because his premier would like to see the bill looked at in committee. The premier is very concerned that Bill C-11 would put the CRTC and cabinet in charge of dictating what French culture is. I believe that is called “censorship”, is it not?

Further to that, Premier Legault is concerned that the CRTC and cabinet would control the extent to which the French language and culture is given space online. Quebec actually thinks that it should have the power to determine that for itself. Why does Quebec think it should have the power to do that for itself and is concerned about Bill C-11? Because it is censorship and because the Liberal government has the intent of censoring what content is and is not available online and to what extent that content is French and upholds French culture.

Therefore, in fact, it is censorship, and I would invite that hon. member to speak to his premier and understand those concerns better.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I am concerned. I am concerned because I listened to my Conservative colleague's speech. I have to honestly admit that if I were a poorly informed individual who relied strictly on the member's speech, I would be really scared. I would be really worried. I would think that I would no longer be able to express my views on the Internet, on Facebook. I would even be afraid to post on social media.

People need to inform themselves to discern what it really means, what Bill C-11 really is, by considering both the old and the new version. So many people brought their concerns to us. We received emails from groups of people who were worried. When we asked experts, they all told us that it was clear from reading the bill that there is no censorship.

I am therefore concerned about what the Conservatives are doing in the House of Commons, in Parliament, a place where we should elevate the debate, try to inform people, provide the facts, go further and rise above the fray. What we are actually seeing is the opposite. The Conservatives are going so low they have hit rock bottom.

We heard from the member for Winnipeg North that the Conservatives are using their opposition to Bill C‑11 to fundraise. I would like my colleague to tell us how much money the Conservatives have raised with their campaign of fear against Bill C‑11.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, only a Liberal could skew the facts so much to accuse the Conservatives of somehow taking us back. Let us be really clear here, because the bill we are discussing today, Bill C-11, is a Liberal bill. Bill C-11 would take the Internet, this infinite, magical, innovate, forward-thinking space, and put it back under the Broadcasting Act, which was last updated in 1991 and originates from the 1920s. If that is not backward thinking, I do not know what is.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, everything I have talked about up to this point is significant, but the one point I have not talked about is user-generated content. Make no mistake, the government had every opportunity to ensure that user-generated content or ordinary content was not scoped within this legislation, yet the government refused every opportunity it was given.

When I say ordinary content or user-generated content, I am talking about the videos that are put on Facebook. I am talking about Uncle Joe's video, Aunt Cathy's video, mom's video or a member's video. I am talking about the amateur YouTube channel that is set up in order to put out some crazy ideas or maybe do some stunts and perhaps capture an audience. That is what some Canadians wish to do. They think it is fun. It brings them joy. Perhaps they are hoping to make a go of it and make it big.

I am talking about those individuals who are taking advantage of this free space called the Internet, who are putting something out there, saying to Canadians that they can like it or not like it, but they are presenting it to them. If Canadians love it, these individuals go big. If Canadians or the global audience do not love it, then usually it does not go too big. Regardless, those individuals have the right to put it out there.

Bill C-11 would revoke that right. It would revoke that ability. It would move their content down in the system and make it undiscoverable, which means the government will be determining who wins and who loses. It will be determining what content does or does not get. It does not matter if it is from a large streaming platform or simply from an individual using Facebook. That is crazy.

Witnesses at the House of Commons committee and at the Senate committee raised this issue. Whether it is the content creators themselves, or Canadians, or legal experts or consumer groups that are incredibly concerned, there is massive concern around this scoping in of user-generated or ordinary content. In fact, some legal experts went so far as to say that it likened us to places like North Korea or China, where the government monitors, surveys and controls what can be posted online. That should be very concerning for everyone in the House. This is not Canada. This does not ascribe to the values that we call Canadian.

We have the Canadian Charter of Rights and Freedoms for a reason, because we at least in theory value freedom, choice and opportunity. However, when the government determines that it is going to regulate what can be posted, seen or heard online, then we are no longer functioning within that realm of freedom. At that point, we are not only taking away from consumer choice, but we are also stagnating the success of these many digital first creators and individuals who wish to make a go of it and capture an audience online, and not only for the present generation but for the next generations to come, those individuals who would come after us and wish to seek success online. The government will have already determined their future.

I am talking about the homegrown comedian Darcy Michael, a self-proclaimed pot-smoking gay man, He told us at committee that he was turned away by traditional broadcasters, but is now enjoying tremendous success on YouTube.

I am talking about a South Asian woman from Toronto who goes by the name Aunty Skates. She is in her forties and she decided to take up skateboarding during the pandemic. She thought it would be cool to bring people on her journey with her so she started posting videos, including some funny clips. People loved it; they still love it. She has done extremely well for herself. She was able to quit her job in finance and is now able to make a go of it on YouTube. She is able to invest in her family, in their quality of life, and she is enjoying it tremendously.

The freedom of the Internet and the opportunity to advance oneself within this space without needing to worry about gatekeepers has been quite magical for many. Moms have been able to stay home and enjoy a better life-work balance. Youth have been able to use their creative imaginations and skills behind a smartphone to capture an audience, and many have gone viral. It is amazing.

It is unfortunate that we have a government that does not take the opportunity to celebrate these individuals. It is unfortunate that we do not have a government that takes this opportunity to celebrate innovation and forward thinking, the momentum that is being gained within this space. Instead, we have a government that is insisting on regulating the Internet and bringing it back into the ages of radio and television.

I would be curious to know who in this place pays for a cable package. It is probably very few of us. Why? Because we do not want what we see to be controlled for us. Instead, we like on-demand streaming because at the end of the day we want to watch what we want to watch when we want to watch it. For the government to bring the Internet under this umbrella of the Broadcasting Act, which incredibly outdated, is wrong.

At the end of the day, Bill C-11 would do two things. It would censor what Canadians can say so that homegrown talent and creative content in Canada would no longer succeed based on merit. Instead, content will be subject to a set of criteria that bureaucrats in Ottawa, which can be directed by cabinet, will use to determine its level of Canadianness. This will favour traditional art forms, of course, over the new creative content that is coming out. As a result, we heard at committee that many cultural groups, including BIPOC Canadians and indigenous Canadians, would be hurt.

Furthermore, Bill C-11 would censor what Canadians are able to see or, in other words, what consumers are able to access online. This legislation would effectively make the government a regulator of the Internet. The search bar would be conditioned to follow a set of algorithms that are predetermined by the government. Therefore, when Canadians go searching, they will not find the things they freely wish to find, but, rather, the things that the government wishes to show them.

On behalf of Canada's amazing creators who have achieved tremendous success on new media platforms or who seek to do so now or in the future and on behalf of Canadians who value the freedom to choose what they watch and listen to online, I move the following amendment:

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 withdrawn.”

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, with regard to money, the heritage minister claimed this bill would capture $1 billion from large streaming platforms. To this day, he is not able to provide how this $1 billion figure was arrived at. We would actually still love to have that document if at all possible.

However, the government says it is just forcing the large streaming platforms to pay their fair share. That is how the $1 billion is going to be brought in. At first blush, perhaps that seems reasonable. Perhaps these foreign streaming platforms should just pay their fair share. The government says this money would save Canadian culture, as if it is dying. I would be curious to know who says it is dying. I would be curious to know who says it needs to be rescued. Who says it is fragile? Who says it is on the verge of being extinct?

Aside from all of that, and most importantly, is not Canadian culture what the Canadian people determine it to be? The last I knew, the Canadian population was actually growing. I think Canadian culture is probably alive and well. Do members not think so also?

It does not matter, because neither the minister nor his department has been able to show me the document that shows that the $1 billion would somehow be extracted from the foreign platforms and then infused into the Canadian art scene.

The reality is, though, that it does not matter. It is insignificant. The reason it is insignificant is that, as much as Bill C-11 might produce the $1 billion, the way things are right now is much better. Investment in Canadian production is not drying up, as the government would like Canadians to believe. That is a false notion. In fact, investment in Canadian production is better than it has ever been, without government intervention.

Huge investments are being made, and let me go over that for just a moment. Wendy Noss, of the Motion Picture Association—Canada, testified at the Senate committee and stated that the association spent more than $5 billion. That is five times more than what the government is hoping to bring in through this legislation. That is one company, by the way, spending $5 billion. I will say that one more time just for the hon. member, so that he gets it: The government is claiming it will bring in $1 billion, but already there is private investment being made to the tune of $5 billion. That is $5 billion in 2021 alone.

The government would rather have its way, shutting down private investment, suppressing that, in order to bring in a government-dictated $1 billion. How regressive can one be? How punitive can one be? The government claims to support artists, and yet it is going to do this. It is actually going to shut down the industry. It is actually going to punish the industry that is pumping $5 billion into the creation of content here in Canada in one year alone, by one company. That is not progress; that is incredibly regressive.

Let me be clear; this $5 billion actually accounted for more than half of all the production in this country, and 90% of the growth in the sector over the last decade. Holding that up against the government-dictated art fund, the government-dictated art fund fails in comparison. Do we want more government legislation, or do we actually just want freedom to reign? I think we want freedom to reign.

We are talking about a production company that hired, trained and provided opportunities for more than 200,000 of Canada's most talented creative workers. More than 200,000 is far more than the art fund has ever propped up. We are talking about more than 47,000 businesses that were supported in 2021 alone. Again, this is far more than the government-run art fund has ever supported in one year.

We can have government-dictated funds or we can have private-flowing funds; one is far more successful than the other. Therefore, we have to ask the following question: Is the problem that investments are not being made in Canada, in its production industry, or that our culture is somehow at risk of disappearing? Or is there something else?

I would argue that the sector is alive and well, as I have proven, and I would argue that Canadians are alive and well and, therefore, so is our culture. Thus, there must be something else. I have alluded to it, but let us explore it further, shall we?

We have a government that loves to support the big gatekeepers, big unions and big bosses that like to keep power, control and money in their hands. We have a government that is more interested in those individuals, who comprise several thousand people, than it is concerned about the vast majority of Canadian consumers who enjoy the content online and the freedom to explore what they will, or than it is concerned about the tens of thousands of creators putting content out there and reaching global audiences. The current government says to forget them. It says it wants to serve the several thousand union bosses and uphold the power, control and money that the broadcasters want, and that this is its focus. It is shameful.

The bill before us is based on the false notion that artists cannot thrive without the government. However, in fact, we know they can, that they do and that they will.

Part of the problem is that the government insists on using an antiquated definition of what Canadian content is. It is a whole host of criteria that make no sense at all. There can be a film like Canadian Bacon that does not make the cut. There can be a more recent production, The Handmaid's Tale written by Margaret Atwood, a famous Canadian author, which is being filmed on Canadian soil, stars Canadian actors and employs Canadian producers, but fails to make the cut. As much as the member opposite might want to point to Schitt's Creek, the title tells my audience what I think of that.

Perhaps there is an opportunity, then, to consider a different way. Perhaps, instead of applying the shackles of a certain percentage of CanCon and a certain percentage of revenue needing to go toward this art fund, we can actually just release all from those shackles. Perhaps, instead, the level playing field actually needs to be set higher rather than lower. Perhaps it is actually about allowing broadcasters and the Internet to exist freely. Perhaps it is actually just about creative merit. Perhaps it is just about tailoring content to an audience that wants to watch what one produces. Perhaps it is actually just about letting private production companies make tremendous investment into our nation and our artists and helping them thrive. Perhaps it is about being progressive. Perhaps it is about being futuristic in our thinking, as the former prime minister, Jean Chrétien, had in mind when he said he would not regulate the Internet.

Everything I have talked about up to this point is extremely important, but there is one point I have not yet touched on, and it is even more important. That is the fact that this bill would capture user-generated content. The current government had plenty of opportunities to make sure that was not the case, and it did not take those opportunities.

When I talk about user-generated content, I am talking about one's Uncle Joe's videos on Facebook. I am talking about those videos on YouTube of kids doing stupid stuff. I am talking about—

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, the fact of the matter is that, with Bill C-11, those who enjoy online streaming platforms such as Netflix or Disney+, or videos on a platform such as YouTube, or maybe even just scrolling through Facebook looking at people's pages, these individuals would be impacted in the kind of content they could access and watch. Bill C-11 would determine the type of information that is put in front of them. Bill C-11 would determine the content that is put in front of our eyeballs.

When I say by Bill C-11, what I mean is that, according to clause 7 of the bill, it would be cabinet who could determine, through the CRTC, what Canadians can see, post or hear online. Again, it would be cabinet, based on clause 7, who would be given that authority. That is scary. It is scary for any government in power because it would mean that cabinet, which is partisan, would be directing what we can see, say or post online. Instead of giving a viewer more of what they want, YouTube would be instructed to give more of what the government wants. Again, this is very scary for most Canadians.

The government will claim, as the hon. member just before me did, that this bill is about supporting Canadian culture or levelling the playing field, but that is not true. Bill C-11 would amend the Broadcasting Act by bringing the Internet under its provisions.

In order to understand the effect of this, we need to understand why the Broadcasting Act was put in place in the first place. In the early 20th century, the Broadcasting Act was put in place to regulate TV and radio because those are finite commodities. There are only a certain number of radio stations or TV stations, so in order to make sure both official languages were represented within these platforms, the government determined they should be regulated so French language and culture would be protected and would be given space within these spheres.

Further to that, there was a definition given to Canadian content. We call it CanCon. There was this determination that a certain percentage of the content would be Canadian, or CanCon. The goal was to protect our culture, to make sure not only that it was American content making its way to Canada but also that Canadian content, things produced here, and there is a whole host of other criteria used, would be given space.

That is within the realm of TV and radio, which is limited, but now we are dealing with a space that is infinite, that is unlimited, which is the Internet. Anybody who wants a website can have a website, no matter their language of choice. Anybody who wants to have a YouTube channel can have a YouTube channel. Anybody who wants to have a space within TikTok, Instagram, etc. can have a space. We are no longer dealing with a finite resource.

The government does not need to regulate what content should be prioritized and what content should not be because we are no longer dealing with limitations. There is space for everyone.

I would plead with the government to perhaps look back on the record of what former prime minister Jean Chrétien had to say to this. In 1999, he faced a similar question about the Internet and whether it should be regulated. After undergoing a thorough investigation and a public inquiry, the determination was made that it should not be. He determined the Internet was so different than TV and radio that to treat it the same would actually stifle progress. After numerous public consultations, because there have been many done since Chrétien, here we are willing to function in a regressive way rather than maintaining the progressive stance that was taken by Jean Chrétien.

I will read what the directive stated in 1999. It said, “The commission [the CRTC] expects that the exemption of these services [Internet] will enable continued growth and development of the new media industries in Canada, thereby contributing to the achievement of the broadcasting policy objectives, including access to these services by Canadians.”

In other words, the determination was made that the Internet would not within the scope of the Broadcasting Act and that it would not be regulated. The reason for that was because there was a belief that innovation, advancement and growth would take place if it were left alone. There was a belief that that opportunity would be seized by all sorts of people from all sorts of regions with all sorts of backgrounds and different linguistic ways.

I would invite the government to consider its regressive stance and pull this legislation. On the Internet, everyone has a spot to showcase their talent. On the Internet, every single individual in this country has an opportunity to thrive, should they wish to.

Most people in this country have a smart device. One needs nothing more than that to showcase talent and make a name for oneself. The gatekeepers have been removed. In fact, it has never been easier for Canadians to succeed. It has never been easier for creators from a variety of linguistic and cultural backgrounds to reach not just a Canadian audience but a global audience as well.

For this legislation to build walls around these individuals and keep them hemmed in within Canada is so egregious that it is hard for one to even fathom the reason for such legislation. Why would we punish our young creators? Why would we punish the next media content creators? Why would we insist that a regressive form must be kept and that progress should not be celebrated? It baffles me, but I am not the only one. It baffles Canadians from coast to coast, whether it is legal experts speaking out on this topic, digital-first creators speaking out or Canadian consumers who simply want a choice.

The fact is that the gatekeepers have been removed. A creator used to have to put together a pitch or a package and bring it to a gatekeeper, such as CBC, Corus Entertainment, Bell Media or Rogers, and they would have to plead with them to accept their package, to accept their idea and to accept their creativity. That used to be the way it was done.

With the Internet, we have now entered this magical space where creators, innovators and thought leaders get to put their content out there and allow the Canadian people themselves to determine whether they like it or not, whether they want to watch it or not. We have removed the gatekeepers. It is incredible.

Instead of celebrating how amazing that is, the government is hell-bent on putting legislation in place to make sure that we maintain these old, antiquated ways. Why is that? Is the very nature of the arts not something that should propel us into the future? Is it not something that should have forward momentum? Is it not something that should be creative and innovative in nature? Is that not the whole point of the arts? Why would we hem these individuals in?

For the minister to say that this bill somehow modernizes the Broadcasting Act is incredibly disingenuous, as I have laid out. The minister is failing to account for the tremendous progress that has been made and the creativity that has been allowed to flow.

For example, let us take Justin Bieber. He went big in approximately 2013. The way he went big was because he put out a few songs on YouTube and he got discovered. He did not have to put together a big media package, though he could have. He did not have to depend on gatekeepers to either accept him or reject him. instead, he could put his talent out there. His talent was discovered, and we know that he went big. He is a Canadian artist we are proud of.

There are many more like him who are aspiring. By putting a bill like this in place, by putting Bill C-11 in place, we are saying to the new generation not to bother. We want to subject that next generation to the same rules that we subjected artists to in the 1970s. Forget progress. If one wants to engage in progress, perhaps one should consider moving to the United States of America, South Korea or the U.K., but in Canada Bill C-11 puts this massive banner up that says we are opposed to innovation, progress and celebrating artists.

Bill C-11 ultimately will do two things. First, it will censor what we can see online because the government will dictate the content that is there. Second, Bill C-11 would determine the extent to which creators are allowed to thrive. In other words, the government will go through and pick winners and losers. Some content creators will be deemed Canadian enough and other content creators will not make the cut. If they make the cut, they will be promoted. If they do not make cut, they will not be promoted.

There is nothing progressive about censorship. That is exactly what this bill is about. It is about censoring Canadians and what they can see, what they can hear and what they can post online. It is about censoring artists, whether they have access to an audience and to what extent that access is granted.

When speaking about this bill, Margaret Atwood, who is an extremely well-known Canadian author, did not mince her words. She was pretty direct about it. She called it “creeping totalitarianism”, which is pretty damning. Those are not my words, but Margaret Atwood's.

To understand this a little bit more, we have to go back to the origin. We have to go back to the origin of this bill. We have to talk about the motive because I think that is very important for Canadians to understand.

This bill, we know, started out as Bill C-10 in 2020. It has gone through a number of iterations since then, but the worst parts of this bill remain intact. In fact, one could argue that it is actually worse than ever, in part because it has had opportunity to change. The government had an opportunity to hear from witnesses. The government had an opportunity to hear from experts, and the government made a decision to ignore those voices. The government has had an opportunity to respond to the Senate amendments, which were very thoughtful and reasonable, and the government is making the decision to disregard most of those amendments. One could argue then that the government is actually wanting this bill to be as egregious as possible.

What brought us here anyway? Why is the government so hell-bent on Bill C-11 going through the way that it is? The evidence would say it is because of broadcasters wanting to maintain power and wanting to hold money. There are these large broadcasters, CBC, Bell, Corus Entertainment, etc., and they are limited by CanCon rules. A certain percentage of the content shown on their traditional streaming platforms has to be Canadian content.

Of course, this acts as a limitation to them. Those are their words. That is what they have said. They do not view that as an opportunity to show more Canadian content. They testified at committee that they view it as a limitation because they are limited. They have to show a certain percentage of Canadian content, CanCon. They say these other streaming companies should have to do the same because they want it to be the same. Further to that, these broadcasters have to pay a certain percentage into an art fund. This art fund can then be drawn from by Canadian artists who are producing CanCon and used for that material production.

Because these traditional broadcasters have to pay into this fund and the larger streamers do not, the broadcasters went knocking on the Liberals' door and said they wanted legislation to be brought into place to “level the playing field”. They wanted the Liberals to go after the streaming platforms, make sure they are showing a certain percentage of Canadian content and make sure the government is taking a certain percentage of their revenue and putting it into the art fund.

At first glance, that might seem reasonable, except that when we dig into it further, we realize the broadcasters and the big art unions are simply gatekeeping. They do not want to celebrate progress. They do not want to look forward to the future. They do not want new artists to succeed. They simply want to gatekeep. They want control or power, and they want money.

I want to talk about the foundation on which the bill is built, because it is a false foundation and it has to do with those who came knocking on the Liberals' door for the legislation. The bill is based on the deceptive notion that Canadian content creators or artists cannot make it on their own merit and that somehow they need this special fund in order to make a go of it. YouTubers, TikTokers and other online creators are proving this notion wrong each and every day. They are succeeding without drawing from the art fund. They are succeeding without the government mandating that Canadian content must be watched. They are succeeding because they have incredible talent to watch and incredible talent to offer, and Canadians find themselves drawn to it.

There is the idea, though, that, in order to succeed as artists in Canada, people need monetary support and that it is the government that should provide this monetary support. Furthermore, there is other misinformation being spread by the government, which is that people will not choose Canadian content unless it is forced in front of their eyeballs, and that a certain percentage of what is offered on television, radio or the Internet must be Canadian, or people will not watch it. How degrading is that? It is as if our artists do not have the ability on their own to produce content that people might want to consume. It is as if the government must rush in and rescue these poor Canadian artists because, without government intervention, they will not succeed. That is a lie and a crux. It is not the case.

Canadian artists are incredibly talented individuals who can make a go of it all on their own.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, imagine for just a moment someone going into a bookstore. As soon as they walk in, there is a guide, and they are allowed to go through this bookstore only with his or her help. Now, in this bookstore, there are yellow books, purple books, blue books, green books and red books, and the red books are the only ones that the guide will take that person to. The yellow books, the green books, the blue books, the purple books and the pink books are all there, seemingly available to the consumer, but the guide is not permitted to take them to look at those books. The guide is only permitted to take the consumer to the red books. Of course, in theory, we have this entire store with all of these lovely books, but at the end of the day, the guide will only take the consumer to the red books.

A person might ask to go through the bookstore on their own without the assistance of the guide, as he seems rather ridiculous, but no, that is not an option. They must go through the store with this guide because that is the rule of the store. This is the Internet under the Liberal Government of Canada if Bill C-11 passes. The Internet will be guided through a Liberal government's lens. The Liberals will determine what content Canadians can and cannot see.

Now, in theory, there is this big, wide open Internet with all of this content. However, the vast majority of that content will be bumped down in priority or, in other words, made undiscoverable, and the red content will be made top priority and moved toward page one. This is where Canadians will be pointed to. When they go on YouTube and want to find information they care about, watch videos they are passionate about or explore topics they want to learn more about, the government will make sure they are pointed toward videos that the government has curated for them to watch. That is what Bill C-11 is all about.

An individual might say they will use their search bar to look for things they wish to watch. No, they will not, because the government will take control of their search bar and direct them toward the things the government wants them to watch. That is how the Internet will be curated. That is how it will work.

Legal experts came to our committee at the House of Commons and also appeared at the Senate. At the House of Commons, we heard from several who likened the bill—

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

Mr. Speaker, the fact that we are debating Bill C-11 in a political context and in terms of what my constituents see as a barrage of false information about it taking away freedoms is very distressing. However, it is also not perfect legislation.

I want to tell my hon. parliamentary colleague, the parliamentary secretary, that I absolutely could not agree more that this bill does not affect freedom of expression. That is protected in the Broadcasting Act and in the Charter of Rights and Freedoms. However, likewise, I do not understand why the government removed Senate amendments that make it very clear the bill would not affect user-generated content. I am concerned about that because I think it needlessly confuses the situation. We need to pass Bill C-11 to protect Canadian writers and Canadian artists in a context where their access to work has been declining rapidly because of online streaming services.