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

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, it has been very entertaining this afternoon. The Conservatives are saying that Canada is going to be turned into North Korea, and now my friend is saying that the Liberals are going to stop people from watching deck renovation videos.

I did agree with the hon. member about the need to fight for the fundamental rights of every Canadian and how governments control what people can do. I noticed that the cover of Le Journal de Montréal today had a picture of 39 Conservatives who are against the rights of women to make choices, and the member's picture is in there. I would like to ask him if that is disinformation, or if his—

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Madam Speaker, this obviously has nothing to do with the debate. From someone who is absolutely pro-choice, who has two daughters and would fight, always, for their ability to have the right to choose—

[The Assistant Deputy Speaker, Carol Hughes]

That is more a point of debate.

I am going to allow the hon. member for Cypress Hills—Grasslands—

[Charlie Angus, NDP, Timmins—James Bay, ON]

I did not finish my question, Madam Speaker.

[The Assistant Deputy Speaker, Carol Hughes]

I did ask for a short question, and the hon. member has been providing a lot of feedback.

I will allow two seconds for the question so that we can get to the answer, because there are only 37 seconds left.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, it is a simple question. The member's picture is on the front page of Le Journal de Montréal, with 38 other Conservatives who are against abortion. Is it a real picture or did they make a mistake and is that disinformation?

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, it is pretty fascinating that the NDP, the Liberals and the Bloc have been the ones talking about that issue. We are here focused on the bill that is before us today. We are not focused on that; we are focused on this. At this point in time, we need people to stay focused on the debate at hand, instead of using these distraction techniques and playing cheap political games.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, I am pleased to rise today to speak to Bill C-11 the online streaming act.

The last time any changes were made to the Broadcasting Act, I had just met the man who would become my partner and husband, the father of my four children. It was 1991, and I was 14 years old. That is saying something.

Like my colleague from Calgary Nose Hill, I watched Fraggle Rock and I was a big fan. I also grew up with Passe‑Partout and Pop Citrouille, which were outstanding children's programs in terms of their quality and diversity of content.

It is precisely so that young people can have access to content of this quality on the platforms they use today that I am pleased to see Bill C-11 move forward in the legislative process. This will give creators the funding needed to showcase their creativity at home and abroad.

Over an hour ago, I shared an experience I had with a certain streaming service, which, despite my selecting French as my preference, offered me only American, British and Korean productions. In some cases, I could not even get the French translation, even if it was only through subtitles. I had to search for quite a while to get productions from Quebec, France or French-speaking Africa.

By improving the discoverability aspect, Bill C-11 will help ensure that Quebeckers and Canadians have easier access to content from their communities, their creators and their artists.

My colleagues talk about the importance of allowing big foreign companies to play their role and respond to consumer demand. In some aspects of the economy, I would tend to agree with them. However, when it comes to culture, I cannot agree. We must not let a foreign culture decide for our own culture.

In the case of Quebec and Canada's francophone communities, it is totally illogical to let foreign companies with no ties to francophone culture make decisions and act like they know francophone culture better than francophones do. This is modern-day colonialism and imperialism, nothing more and nothing less. The aim is to make an entire population believe that its culture is not important, that it has less value than another.

My colleagues have also compared the current situation with the Internet to the situation 25 or 30 years ago, when the Internet was not as widely available as it is now. My colleague from Edmonton Riverbend was correct in saying that people used to access Canadian productions via the radio and television. Now they go on the Internet. That is true.

I would like to remind everyone that it was the radio that enabled people to discover music of all genres in French, English and, in my case, even Innu. This meant that we had access to a variety of music. It also gave listeners a chance to discover new artists.

Quotas at the time gave people an opportunity to discover Quebec and Canadian artists, which is a great thing. It was not always perfect, of course. I remember at one time, when I was working in radio, we had a Brian Adams record that did not count toward some of the quotas. Those who worked in radio will be familiar with the little circle, and one of the quarters was not filled in because the record was produced abroad. Because of that, it was not considered a 100% Canadian product, so it did not count toward the quotas.

Are there are improvements to be made? Most certainly, but that does not mean we have to slam on the brakes and do nothing. On the contrary, proposals have been made and agreed to. I am sure there are other proposals to be made now and in the future, but we have to make them. Unfortunately I have heard few proposals from the official opposition. I have heard a lot of opposition, but not much in the way of proposals.

Is it right that it is easier for francophones to access Korean content than their own? Let us be clear. Out of curiosity, I went and had a look at some of the things that were recommended to me. I liked the plots, I liked the sets and I liked the costumes. My natural curiosity led me to discover another culture. Why do we not offer that sort of thing here? We should be giving people here a chance to discover homegrown artists, both francophone Quebeckers and anglophone Canadians, and showcasing them around the world. Bill C‑11 would allow that to happen.

Having high-quality content in our language is important. Non‑francophones could probably do what I did with the Korean shows, in other words, watch shows that were made here, discover Quebec artists and become interested. These days, curiosity is cultivated. That is probably what my colleagues feel like telling me. Today, to cultivate curiosity and interest, it needs to be easy to access high-quality shows and content. That is what Bill C‑11 does.

Some will tell me that those who want to access francophone culture just have to do what I did and go look for it. I find that attitude rather alarming. Why should I have to go look for expressions of my culture when others never have to look at all in order to have access to expressions of their own culture? These people who feel like telling me—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Order. I must interrupt the hon. member, who will have three minutes when we resume consideration of this bill.

It being 5:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

Bill C-11—Time Allocation Motion

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, I see a great deal of excitement for my rising, which I am always happy to see.

I move:

That, in relation to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

[The Assistant Deputy Speaker, Carol Hughes]

Pursuant to Standing Order 67.1, there will now be a 30-minute question period.

I invite hon. members who wish to ask questions to rise in their places or use the “raise hand” function so the Chair has some idea of the number of members who wish to participate in this question period.

The hon. member for Red Deer—Lacombe.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, here we go again. The House just went through the process of debating one of the most egregious power grabs I have ever seen in my time here as a member of Parliament with government Motion No. 11, which basically seizes control of the House. We know that the government used the argument that we need more time for members of Parliament to debate legislation, yet here we find ourselves in an arrangement between the NDP and the Liberals to grab that power. They are still moving time allocation.

This House is going to sit until midnight tonight. That is fine. Conservatives are happy to show up to work. We have just received notice that the House is going to sit until midnight again tomorrow night. That is fine. Normally, this House reserves the last two weeks of the spring session to have extended hours, but we are willing to do the work. We are willing to allow Conservatives and all members of this House to speak on behalf of their constituents, the millions of constituents who have trouble with the legislation that is before the House.

Canadians have a lot of trouble with this piece of legislation. This was formerly Bill C-10. The government is now censoring the House with Motion No. 11 and censoring the House with time allocation on a bill that will censor Canadians online. Why?

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, on the first point, on Government Motion No. 11, after almost five months of their delaying the economic and fiscal update, which is from, by the way, last fall, it became very clear that the Conservatives do not have any interest in allowing any government legislation to move forward. We continually asked how many more speakers they had and how much more time was needed, and they would respond, “We will get back to you. We will get back to you.” On and on it went.

The reality is that we had to extend the hours to make up for all of the House time that was burned by their obfuscation and, as well, look to move time allocation. The reality is that there have already been four days debating Bill C-11. There were six days in the previous Parliament, and there were 28 days at committee. We see a continued obfuscation. The reality is that this is an incredibly important bill to promote and support Canadian culture and content providers, so we need to be able to move forward.

I would, of course, remind the Conservatives that they moved time allocation just about every day I was in opposition. It is a quite strange to see their aversion to it now. It was quite dizzying to watch the time allocation motions they would move at that time. Now, suddenly, after they have obfuscated for four months, the tactics they used when they were in government are abhorrent and an affront to democracy, which is curious.

We have to move forward on this. That is enough of the blocking.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, it is critical that we get some work done. Certainly, we do not want to be rushing legislation. We want to make sure that we are doing the work. That is why we supported sitting until midnight, so we can have proper debate.

I was thinking about how the Conservatives obstructed applying votes yesterday. We could have had applied votes yesterday. We had a vote. Looking at the record, we had another vote for which we wanted to see an applied vote, but the Conservatives wanted to vote on division, which they did. They voted on division not just once but twice, which delayed all of the committees that were sitting yesterday afternoon, so they sat later. Most members had previous engagements and commitments, so we had shortened committees on really important issues.

I sit at OGGO, and we had some really important witnesses on the biggest spend in Canadian history on navy and air force procurement. We had really important witnesses to talk about that. Instead, we had a shortened meeting because the Conservatives would not apply their votes.

That is the kind of obstruction that we are seeing here. We need to get to work, and we need to get to work now.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, I completely agree with the point the member made. It is passing strange to me that the Conservatives say that they are upset they do not have enough time to speak, yet they move concurrence motions, which block their ability to speak. They did this on Bill C-11 in this Parliament when they cut three hours of debate time and stopped their own members from being able to speak. We have seen this obstruction happening on every level.

This bill, in its previous iteration, had 28 days at committee to hear witness testimony. It had six days previously and four days now. Frankly, based on the experience with Bill C-8, we would have been here for the next four years for them to still have their comments, to stand up and say the things they want to say.

The reality is that we have to move forward. They do not have the ability as one party to obstruct this place and block it from doing its work. It is essential that we move forward.

There will be an opportunity at committee. There will be an opportunity when it comes back to the House again. There were all the opportunities that existed before, and there are still opportunities at committee and when it comes back to the House for a further reading in the future. There is more than enough time to continue having these conversations.