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 / 5 p.m.


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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, it is up to the House to put this committee.

Last time this bill went to committee, there was a very important provision that was removed, which caused a lot of stress. It caused a lot of reactions in my office, for sure. The committee will do its work when the time comes, and would add or strengthen or do whatever needs to be done to the bill. At the end of the day, we have to be very careful that we are not limiting and constricting the ability of our content producers to actually compete in the Internet world of today.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:05 p.m.


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Conservative

Richard Bragdon Conservative Tobique—Mactaquac, NB

Madam Speaker, the hon. member had some thoughtful reflections on this bill. I am wondering if my hon. colleague would agree with me that the government is moving on a slippery slope in this bill towards determining what is truth and what is not, and who gets to ultimately determine that as it relates to disinformation.

I think Canadians are rightfully very concerned that this is an overreach by a government, which seems to continually be trampling on their individual rights and freedoms of speech, conscience and belief. You have raised some very appropriate concerns. I would appreciate any further comments you would have on that.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:05 p.m.


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The Assistant Deputy Speaker Carol Hughes

I do not think that I have raised any concerns. I would ask the member to address his questions through the Chair and not directly to the member.

The hon. member for Saskatoon West.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:05 p.m.


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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, that is a very good question.

This is kind of the heart of what we are talking about here today. Conceptually, it is easy to say this person can speak and this one cannot, but in reality it is very difficult to do that. Who is the person who is going to decide that?

We all know there is content on the Internet that is wrong and that is incorrect. We know there is content that is true. It is sometimes hard to tell. That is where we need to do some work. When we start saying that we can listen to this group and not listen to that group, this news organization is valid and this one is not, that is a very slippery slope, as the member stated. We have to be very careful as we go down this road.

We do need to have some controls over things, but the way this is written, it gives way too much power to the CRTC to be the gatekeepers in saying who is good and who is bad. That is not a good place for us to go. We need to be very concerned about that.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:05 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is an honour to rise in the House once again on behalf of the great people of Cypress Hills—Grasslands. I will begin my speech in this debate by considering the background of the bill. There is a disturbing trend happening under this NDP-Liberal coalition. They do not seem to respect the democratic process, and they do not seem to be interested in protecting it.

Among many other examples, the most recent is the passing of Motion No. 11 to give themselves the power to prematurely shut down Parliament. They do not even pretend to use COVID as an excuse anymore, but they also do not like it when the Conservatives mention that it is long overdue for them to remove restrictions on members, their staff and regular citizens from entering this place or from travelling within our own country, insinuating that they are supposedly undesirable Canadians.

Leaving those things aside though, we are here to debate yet another attempt by the government to extend its overly controlling approach to online content that people can access or publish. That is the problem with Bill C-11. The vast majority of it is a near carbon copy of its predecessor, Bill C-10, with the exception of some minor changes surrounding user generated content. To debate this legislation properly, we need to fully understand how we got from Bill C-10 to Bill C-11.

Let us refresh a few memories here. Originally, Bill C-10 had a section which excluded user-generated content from its scope. At heritage committee, that was suddenly removed. This threw the door open for the CRTC to regulate nearly anything on the Internet. The government faced severe opposition to this and rightly so. At first, it might appear that the Liberals learned something from all the embarrassment, but sadly, if we dig a little deeper, it is clear that they have not.

What is even more sad is that the NDP has sold out and is going along with it. Section 4.1 is back in Bill C-11, but it is now accompanied by section 4.1(2), which allows for an exemption on the previous exception. This creates a loophole for the CRTC to regulate any content that either directly or indirectly generates revenue. In other words, the CRTC can regulate nearly anything on the Internet.

At the heart of the bill is the lurking threat of expanding censorship. It is only a matter of time, as this new opening moves through the process of bureaucracy. We must carefully consider more than the bill in front of us as it exists on paper, otherwise we will move too close to Big Brother for comfort, and it will turn out to be just as toxic as a reality show, but without any of the entertainment value. I hope bad jokes will remain safe from censorship as well.

Liberal members, along with their neighbours in the NDP, may say that this is not the intention behind the bill. If it is not, I will remind them that good intentions can still pave the road to a very bad place, and that is why Conservatives keep on saying and trying to remind them of. We are doing our job as the official opposition because it is our duty to point out any harmful risks in legislation so Parliament can make better decisions on behalf of Canadians.

This is what every MP should keep in mind. When I took my oath of office as an MP, I swore to defend the Constitution and the fundamental rights of every Canadian. Every single MP did the same thing. We are all under that same obligation. It is entirely possible to fix the problems with the bill while achieving what the NDP-Liberals say it is supposed to do. There should absolutely be a level playing field between smaller Canadian broadcasters and larger streaming services. Canadian content creators have something unique to bring to the table, and we all want to see them in the spotlight. No issues there. We are happy to pass this part of the legislation that supports Canadian producers.

However, where it goes too far is that it is unnecessarily wrong for government to control what people can or cannot access online, and ironically, what type of content Canadians should or should not produce. It is extremely irresponsible to ignore the warnings we have received. Before we know it, it could completely get out of hand. If the NDP-Liberals want to deny it, they should explain to Canadians how they are leaving room for it to happen without closing the obvious loophole.

It is a failure of due diligence and there is no excuse for it. Canada stands in a long tradition of free expression. We are admired and envied around the world for a heritage of free speech among many other freedoms. For centuries and over the years in our lifetime, we have seen it practised in newspapers, letters to the editor, and people just simply writing letters to their elected officials.

Today, we all express ourselves on the Internet as a free space. We can post our opinions. We can access information and engage with other people around the whole world. We have done it as citizens, and we do it as members of Parliament communicating with our fellow Canadians. Right now, it is easy to make posts and videos with our thoughts on all kinds of issues, and it all could be subject to regulations. Bill C-11 fails to provide safeguards for our freedom as we know it.

The government could eventually control what everyday citizens post online. This is what Peter Menzies, the former CRTC vice-chair, had to say about Bill C-10 in the last Parliament: “[It] doesn't just infringe on free expression, it constitutes a full-blown assault upon it and, through it, the foundations of democracy.” That should catch all of our attention. The former CRTC vice-chair warned that this legislation is toying with a fundamental right. He is in a position to understand better than some how necessary freedom of speech is for a democratic process to remain intact.

Citizens must always be able to disagree with their governments openly and strongly. We are eroding this right so the government, through the CRTC, could have the ability to regulate what it does or does not like to hear. Quite frankly, it does not like to hear the dissent from the opposition. That said, Bill C-11 would not only give us a paternalistic government, but it might also create practical problems in the area it claims it would help.

Currently, anyone could pull out their device and head over to YouTube, where they can access any content they would like, whether it is kitchen renos, how to fix car problems or content posted by friends, family or people around the world. It works well enough for now, but with the government involved, the CRTC might decide to dictate what content people should see when they search for something specific. While government mandated algorithms analyze how Canadian the content is, what someone is looking for might get pushed to the back of the queue of their search results, if it simply does not pass the test.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:10 p.m.


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An hon. member

Oh, oh!

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:10 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, someone could be trying to renovate their back deck, and the helpful video from a YouTuber they saw a little while ago is not so easy to find anymore, because maybe the best creator did not happen to be Canadian. Instead, they are flooded with—

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:10 p.m.


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The Assistant Deputy Speaker Carol Hughes

Order.

I see there are some parliamentarians who are either eager to ask questions or are trying to have conversations across the way. I would say that, if they want to have a conversation, to please take it out of the chamber. If they are wanting to ask questions or make comments, it is not quite time yet.

The hon. member for Cypress Hills—Grasslands.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:10 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, they are trying to censor me already. It has already begun.

Instead, when looking up that video, they are flooded with videos about beavers and maple syrup, while where they really need to be is on page 27 of the search results to find the video of the guy giving the advice they need to build a deck, who is maybe not Canadian. This would all be because the government thinks it knows better.

Again, we do need to support the creators and the content that is made in Canada. Nobody has any issue with them. We do not need a band-aid solution to do it. What is most needed from the government is for it to take advantage of every opportunity to build and support our entertainment industry so it will be competitive and successful in the marketplace. We need more and more talented Canadians who can make it here, and that is what happens when our entertainment industry has a good foundation from a strong economy, but I wish us good luck with that, underneath the current Liberal government.

With Bill C-11, we are talking about government overreach, censorship, higher entertainment costs and half-baked solutions. Most concerning of all, we see the NDP-Liberals would be giving the CRTC power to regulate not only what Canadians can see online, but also what they can say. They could also try to decide what it means to be Canadian in our video searches or elsewhere.

Bill C-11 is dangerous, it is ridiculous and it just does not make any sense. On behalf of my fellow Canadians, I will continue to stand up and I will continue to defend their rights alongside my fellow Conservatives. It is the right thing to do, and we can only hope the NDP and the Liberals on the backbench will stand with us and make sure this bill gets due process and accomplishes what it should actually be trying to accomplish.

Before I finish, I have an amendment to the amendment. I would like to move, seconded by the member for Souris—Moose Mountain:

That the amendment be amended by adding the following:

“and that the committee report back no later than 10 sitting days following the adoption of this motion.”

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:15 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I rise on a point of order.

My understanding is that when a member sits they are ceding the floor.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:15 p.m.


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The Assistant Deputy Speaker Carol Hughes

The member had some time left, so he caught himself in time.

The amendment to the amendment is in order.

We will continue with questions and comments. The hon. parliamentary secretary to the government House leader has the floor.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:15 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, I can assure this member and all Conservatives that nobody is more interested in preserving the content they create in this House than I am: the content that they give me to put out on social media. If I thought for one second that user-generated content would be impacted by this bill, I certainly would not be in favour of it.

I would like to point out to the member that there are several sections in this piece of legislation that explicitly preserve user-generated content: sections 2.1, 2.2, 2.3, 3(a), 4.1, 4.2 and 4.3(3).

I am curious. This is a simple question. Has the member read the bill, and he has read those sections in particular?

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:15 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, if the member actually listened to my speech, I referenced section 4.1 and section 2, because part of this bill is the same as the previous bill. It adds onto it, which does not actually help the issue. One of the primary issues that we had in the last Parliament with the bill was section 4.1. I alluded in my speech that there are sections of the bill that we would support, because there are good things in this bill.

Again, the member opposite wants to be the czar of the future ministry of truth, so it is not surprising that he would ask some questions without actually paying attention.

Online Streaming ActGovernment Orders

May 5th, 2022 / 5:15 p.m.


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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, my colleague spoke a great deal about the importance of dealing with disinformation. One of the ways to do that is through our local media, which is interested in what is happening in the community and reports on local events in a factual way. Local media is essential.

Back home in Quebec, these local, independent and community media outlets are calling for this bill. Obviously we must ensure that this bill can evolve because technology evolves quickly. We must ensure that this bill does enough to encourage our local, community and independent media.

I am proud to say that where I am from, there is a fine co‑operative, La Voix de l'Est, that has turned itself around. In addition, the radio station M105 is an example of co‑operative radio.

All these media outlets are calling on us to modernize this act. It is high time, since 1991 is starting to be a long time ago, as others mentioned.

Does my colleague recognize the important role that the local media plays in fighting disinformation?

Online Streaming ActGovernment Orders

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


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, disinformation is going to be one of the biggest issues presently and going forward. We have all been bombarded with it a lot over the last number of years.

The member also touched on another very important piece. That was about the small papers, our local community papers and local groups that actually do real journalism. I think that is what we need to get back to. The problem I see with a lot of government legislation going forward is that the supports do not actually line up with supporting the small-town papers and small community papers. As we go forward, we are going to start to see more and more of those little papers be wiped off of the planet. It is going to be the big digital platforms, the CBC and others, that are going to be dominating the space and getting rid of all these other little pieces and maybe even a company like TikTok. She is absolutely right.

I think, though, that we have to find ways to better support those small papers and do better for them going forward.