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.

The House resumed from May 5 consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee, and of the amendment to the amendment.

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

Madam Speaker, I remember the discussions we had about Bill C‑10 during the previous Parliament, especially with respect to potential breaches of freedom of expression and concerns about social media users being taxed. These same concerns are being raised again, even though the summary, clause 2 and clause 4.1 clearly state that users will not be taxed and even though there are no clauses that restrict freedom of expression.

I now want to talk about access to culture.

It is not right that it is easier for francophones to access Korean content than it is to access media in their first language on some sites. Out of curiosity, I watched a few of the Korean offerings suggested to me and I enjoyed the production, set design and costume quality.

Bill C‑11 will ensure that francophones have access to content that is just as good a quality in their language and will ensure that non-francophones can do what I did and watch content that is made in Quebec and in Canada. Curiosity is something to be developed.

If we want to encourage curiosity and interest, we need to make it easier to access good-quality content, and that is what Bill C‑11 will do. Some members will tell me that people who want access to francophone culture just need to seek it out like I did, but that is a troubling thought.

Why should I have to go looking for expressions of my culture when others never have to look at all to have access to expressions of their own culture?

Are those who might say such a thing really telling me that the only good culture is culture that is readily accessible, or in other words, American culture?

Could it be that they have no problem with the fact that they have no access to content about their own culture, Canadian content? Could it be that they think Canadian culture and American culture are similar?

I can almost hear those same individuals telling me that those two cultures are not one and the same. In that case, why would they not want more people to have easier access to Canadian culture? Why would they not want francophones and francophiles from Quebec, Canada and elsewhere in the world to have access to Quebec and francophone content just as easily as they do to American or anglophone cultural content?

Bill C‑11 will allow online streamers to broadcast culture and improve access to the cultures present in Canada.

To sum up, for anyone who cares about their own culture, Bill C‑11 is a good bill that deserves to move through the legislative process in good faith on all sides. It deserves it because we should never have to let our culture be managed by a foreign culture.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, I studied economics at university. When classes started, we were given a model of a very competitive market where power was shared equally. However, we quickly learned that whoever controls the distribution network can successfully distribute their products. In my opinion, this bill is designed to influence the distribution network, so that everyone can distribute their products.

What are my colleague's thoughts on that?

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

Madam Speaker, often, the way it works is that, in order to get access to cultural programs or what have you, users have to ask for it. However, on the Internet, users are highly influenced by what the algorithms decide to show them, and that can be a bit more problematic. If broadcasters are encouraged to present more Canadian content, this will pique consumers' curiosity and interest in the excellent content that is available in Quebec and Canada.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I have a great deal of concern about the fact that time allocation was moved on this bill. I also have serious hesitation about being able to trust the government members, who are saying to simply take them at their word that it is not impacting the ability of Canadians to have free expression on the Internet, especially after some of the outrageous things that the previous minister of heritage said. He said that he was not censoring the whole Internet; he was simply censoring some of the Internet.

My question, though, is very simple. Does the member support our very simple request that the government provide the terms of reference that it will be providing to the CRTC prior to the bill being passed so that members in this place can understand exactly what is being asked of the CRTC when it comes to the impacts that this bill would have on Canadian content?

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

Madam Speaker, that is an excellent question.

Since I do not have in front of me the proposal my colleague's party wants to make to the government on the CRTC, I will not give a direct answer. However, that being said, it is important that things be done right. For that to happen, we need to move the bill forward through the legislative process and examine it in committee.

I encourage all my colleagues to read Bill C-11. I know that this bill is thick, but we need to take the time to read it clause by clause, to understand what it means in lay terms, and to look at every side of the issue, so that we can thoroughly examine it in committee and then make proposals that make sense.