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

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Chair, I'll be very quick.

I would like this to come to committee. We have seen the concerns out of Quebec. I've been with Bill C-10 and Bill C-11 for over two years. I would love one more shot at coming back here to look at the eight amendments that were turned down by the Liberals in the Senate. I would like to have one last look at it.

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Chair, I am very happy to see you. This is the first time I have had the privilege of serving on this committee, which you chair so well. I am here today replacing the member for Lethbridge, Ms. Thomas.

As permitted and required by Standing Order 108(2), I am tabling the motion of which Ms. Thomas gave notice over a month ago. I will read it:

That, given that

(a) the Senate made substantial amendments to Bill C-11, the Online Streaming Act and has returned the Bill to the House, and

(b) the Government will be preparing their response to those amendments imminently,

the committee immediately undertake a study of the subject matter of the Senate amendments to Bill C-11 and report their recommendations to the House.

We are tabling this motion because we are well aware that Bill C‑11, which is under the purview of this parliamentary committee, has been hotly debated for a very long time. Let's remember that in other times, a few years ago, this bill was number C‑10. The current government decided at that time to call an election, which we all remember cost $620 million, to achieve a result that was pretty much exactly the same as before. At the end of the day, we lost months and months of work.

The fact remains that this is the reality and we have to deal with it. This bill, as we know, is a major one. It is about the Broadcasting Act and it is about refreshing a long-standing piece of legislation and dealing with the challenges of the 21st century, the year 2023 in particular, and other years.

This major bill therefore deserves major work. That is why the Senate has debated it and been concerned about it. As we know, our political party has no control over what happens in the Senate. However, the senators, true to their reputation and obligations, have done a studious job and decided to table several amendments, which of course must be examined. As expected, our job as parliamentarians will be to determine what is good and what is not in these amendments. This is not a minor matter.

What we are talking about is the future of Internet and the future of radiodiffusion in this country. This is why we have to be very serious in our study. The senators have done their job directly and well. Sometimes we agree and sometimes we disagree, but they have done what they are supposed to do, and they have done it well. If we want to be serious on this bill, we have to hear what they have to say and look at what they have adopted.

We have also given notice of this motion, which allows some latitude, as you will have noticed.

In the last few weeks something has happened that is not trivial. I'm a Quebec fellow and I'm the member of Parliament for Louis-Saint-Laurent. Of course, what happens under provincial authority in the capital of Quebec has an impact on us. Since we are concerned, we feel that it is the duty of the 78 members from Quebec and the 338 members of the House of Commons to take note of the fact that a provincial assembly is taking a position on a bill debated in the House of Commons and the Senate, the two houses of the Canadian Parliament.

Thus, on February 4, the Honourable Minister of Culture and Communications of the Government of Quebec requested that the federal government take into account and acknowledge Quebec's wish to express its views on this: the possible ability that the government has given itself in clause 7 of the bill to directly guide the choices of the Canadian Radio-television and Telecommunications Commission. The Government of Quebec wishes to speak out on this matter.

We believe that when a provincial executive takes a step in this direction, it is our duty as parliamentarians to take it seriously. Let us recall that, a few days after this letter was sent, the 125 members of the National Assembly of Quebec unanimously adopted a motion asking for exactly the same thing: that the will of Quebec be respected and that Quebec have a say in this matter, since, as we know, Quebec is the home of the French fact in America.

In view of the fact that the provincial executive, that is to say the government, and the provincial legislature have asked with one voice that Quebec be allowed to have a say in this bill, it is quite clear that this request is legitimate. I would remind several of my co-workers that my colleague, the member for Charlesbourg-Haute-Saint-Charles, on more than one occasion, offered the Minister of Canadian Heritage the opportunity to give his point of view on this issue and on the request made by Quebec. We didn't ask for it just once, we asked for it twenty times.

That is why we want this motion to be adopted.

I would have much more to say, but my time is up.

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

I have to move on, because my time is very short.

I take that as a yes, because you are doing it. We had a previous member speak up and ask you a simple question about blocking news on a car seat, and you agreed that it was happening.

I will move on, though, from us on this side in opposition. We don't trust Justin Trudeau either, frankly, or the legislation put forward by his government. Remember, this is the same government.... We talk about online monitoring and the digital public square and the threats that Bill C-11 poses to it, along with C-18. I think a lot of Canadians are fearful of what the Prime Minister can decide in terms of whether or not somebody will see a particular news item or cannot see it, or in terms of deplatforming a certain user or boosting another. Then we have what's before the House right now, the issue of foreign interference in our elections—and also the demonizing of peaceful protesters not that long ago.

I'm going to ask you a question about your concerns around Bill C-18. We have heard a lot of concerns about the Internet tax and the possible threat to freedom of information for Canadians.

What is the risk to freedom of information if Bill C-18 passes?

Online Streaming ActStatements By Members

March 10th, 2023 / 11:10 a.m.


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Conservative

Martin Shields Conservative Bow River, AB

Madam Speaker, former prime minister Pierre Trudeau once said, “there is no place for the state in the bedrooms of the nation.” That is exactly where the government intends to be with Bill C-11. If the NDP-Liberal coalition gets its way, the CRTC's regulatory claws will sink into the Internet to tell Canadians what they should be watching 24-7.

The Liberals say Canadian content must be pushed to the top, but no one can define over there what Canadian content is, so the next time Canadians turn on their favourite streaming service, they will be in shock. The government may creep its way in late at night and while citizens may grow tired of looking for their favourite show and might finally settle on the billion-dollar sleep aid called the CBC, the government should kill Bill C-11, heed the words of the former prime minister and get out of the nation's bedrooms.

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

I'm very disappointed to hear my colleague's comment, even before I presented my amendment, about how he was going to vote against it. That's how Liberals do things.

Mr. Chair, I simply want to introduce amendment CPC-30. I propose that Bill C‑13, in clause 21, be amended by adding after line 9 on page 13 the following:

“(9.1) When engaging in consultations, every federal institution shall: (a) gather information to test its positive measures; (b) propose positive measures that have not been finalized; (c) seek the opinions of English and French linguistic minority communities about the positive measures that are the subject of the consultations; (d) provide the participants with all relevant information on which those positive measures are based; (e) openly and meaningfully consider their opinions; (f) be prepared to alter those positive measures; and (g) provide them with feedback, both during the consultation process and after a decision has been made.

We are not making up this wording, Mr. Chair. It comes from another bill, Bill C‑11. Our experts are not just improvising. I think this aspect is important.

Pursuant to the Federal Court's 2021 decision in Fédération des francophones de la Colombie-Britannique v Canada (Employment and Social Development), there is an obligation to consult.

It's not an added burden for public servants, Mr. Chair. Minority communities will at least know where they stand. I think they deserve this respect, because minorities have to do battle on an everyday basis.

It's one more tool, and that's why I think it's important. Unfortunately, we just heard, right before I was introducing my amendment, that the Liberals are going to vote against it. I'm very disappointed with this attitude, but it's not the first time we've seen it.

Online Streaming ActGovernment Orders

March 9th, 2023 / 5:25 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, the Yiddish proverb will then have to wait until after we resume. I am saving it for next time.

In addressing Bill C-11, which is in fact a censorship bill, I want to go into the legislation. I am going to start with clause 7 of the legislation that is being proposed, which would amend section 7 by adding a “for greater certainty” clause after subsection 7(6). Generally, I like these types of clauses, but not this one. It says:

For greater certainty, an order may be made under subsection (1) with respect to orders made under subsection 9.?1(1) or 11.?1(2) or regulations made under subsection 10(1) or 11.?1(1).

Since I am not burdened with a legal education, I had to go back to the Broadcasting Act to discover what exactly we are amending. With respect to policy directions, the cabinet would be able to order any of the objectives of the broadcasting policy set out in subsection 3(1) and any of the objectives of the regulatory policy set out in subsection 5(2). Licensing, fees and access would all be determined, if the cabinet chooses to direct the CRTC on what it can and cannot do when it comes to licensing content creators, who gets to be a content creator in Canada and what gets to be Canadian content.

In fact, let me go on to regulations generally, which is section 10 of the actual Broadcasting Act. It goes into quite a bit of detail on what the cabinet would be able to order the commission to do. When members of this House are getting up and saying “No, no, this is not what it does”, they are saying that people like Michael Geist are wrong. He is a professor who is renowned in Canada as the leading Internet law expert. The government is saying to ignore the experts because they are all wrong. In fact, in the House committee—

Online Streaming ActGovernment Orders

March 9th, 2023 / 5:20 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I appreciate many of the comments that the member has put on the record with regards to Bill C-11.

However, there is a certain sector of society that is starting to buy into a lot of misinformation. Somehow we have people concerned about individual rights, freedom of speech and not being able to watch what they want on the Internet, which is all based on false information. We have the Conservative Party promoting that misinformation.

I am wondering if the member could provide her thoughts in regards to how that is, from my perspective, unhealthy when we get people promoting false information.

Online Streaming ActGovernment Orders

March 9th, 2023 / 5:15 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I am pleased to represent Nunavut in speaking to Bill C-11, an act to amend the Broadcasting Act again. I spoke to this bill before it reached the other place, and I am pleased to speak to the amendments made upon its return to this place.

I have heard some of the debate this morning, and throughout the day, I have heard the word “misinformation” used by all parties. It is really unfortunate that the bill is being used as a way to pit Canadians against each other.

I am glad to see that supports for indigenous creators will still be given in this bill so they can share their talents online. It is important that small content creators can share their art. They need to be able to reach a larger audience, as this is where they can be discovered and profit from their own talents.

Uvagut TV and Isuma TV are Inuit media channels that provide great Inuit content. Their content is made by Inuit for Inuit and can be easily watched in Nunavut and abroad. They do not have the same ability to compete with web giants such as Netflix and Disney+.

Canada's broadcasting system offers very little content that reflects Inuit lives, and even less content in Inuktitut, despite the fact that two-thirds of Inuit speak Inuktitut. Online streaming services such as Netflix and Disney+ are not required to play Canadian artists on their channels, and very little indigenous content is being added to these streaming services.

Bill C-11 would ensure that Canadian media broadcasters are obligated to produce programming that includes indigenous languages. This change would enable more indigenous people to access programming in their languages. This would also expose indigenous creators and artists to a broader viewership.

Many people in this room have never watched TV programming that is not in French or English. I want my grandchildren to see and hear Inuktitut wherever they go. I want Inuit programming on Netflix and Disney+ created by Inuit. When content is not created with and by indigenous people, mistakes will happen. We must create a better future for generations of indigenous content creators.

A way to learn about someone is through their media. Indigenous people need to be represented through mainstream media. With better funding, indigenous programming can have French and English subtitles. This bill is not perfect, but it can help create a space for small independent creators to showcase their work.

Streaming companies hold a lot of power in what we watch. They need to be pushed to be inclusive. It is not enough that indigenous programming is only shown when it is convenient to them. Indigenous creators exist in Canada, and they need our support.

Promotion of indigenous art and media is an essential part of reconciliation. Call to action 84 calls for representation of indigenous languages, cultures and perspectives. Bill C-11 could expand on this call to action and ensure that all media channels are promoting indigenous content.

I will turn back to today's debate. The use of fearmongering language is causing confusion and fear among Canadians. The Senate amendments are supported by large corporations, including YouTube and TikTok. They say that Bill C-11 would cause the CRTC to police content. However, this is not factual.

I will conclude by quoting what Alex Levine, president of the Writers Guild of Canada, was reported as saying regarding Bill C-11. He said, “We only work on Canadian content. We don't work when, for example, Netflix or HBO decides to shoot a show here.” The report goes on to say, “Without the bill, Levine says market forces mean Canadians ‘will see a world reflected back to them that is determined by studio executives in Los Angeles and not by Canadian artists.’” Like Mr. Levine, I prefer to see a world reflected back from indigenous peoples and Canadians, not studio executives in other countries.

The House resumed consideration of the motion in relation to the amendments made by the Senate on Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, and of the amendment.

Online Streaming ActGovernment Orders

March 9th, 2023 / 5:10 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, we started with Bill C-10, which was definitely worse. I think what the member is referring back to are the concerns we were expressing at that time. Some of the changes that came in Bill C-11 reassured us, and one of those changes is the very one the Conservatives are harping on. That is the change that made sure that user-generated content is not affected by this bill.

What Conservatives are ignoring is that there is an exception. If those making their own content have a million subscribers and they are making money out of that, then, yes, the CRTC will have an ability to look at that. It is not what the Conservatives are saying, which is that we should have a blanket exemption that nobody who is making money on the Internet has to report to anybody or be accountable for anything. That was one of the major improvements between the first version of the bill and the bill that New Democrats are now supporting.

Online Streaming ActGovernment Orders

March 9th, 2023 / 5 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I would like to say from the outset that I will be splitting my time with the member for Nunavut.

I am pleased to rise in this debate, and I will try to talk about Bill C-11, instead of all the other kinds of things not related to Bill C-11 that seem to have found their way into the debate today, because it is very fundamentally important to our Canadian identity. The way we learn to understand our country and ourselves depends on the stories we tell each other, the movies we watch and the music we listen to. Therefore, it is very important that there be a space created in this cacophonous world media that is emerging for Canadian content. Otherwise, we will lose our identity as Canadians.

This bill seeks to amend and to update the Broadcasting Act. It looks at making sure there is a level playing field for the new streaming services that have taken a great deal of control over what is happening. It is a very important bill. It asks that the streaming services, which take an enormous amount of revenue out of Canada without paying taxes here, for the most part, be obliged to contribute funds so that Canadian creators can continue to create that content.

The Conservatives are focusing on people who are creating content on the Internet. However, what I am talking about is music, publishing, television and movies, and it is essential that we have that Canadian content. If we tell artists to go ahead and create Canadian content, but the money has already been sucked out of the economy that would go to finance that, then that content will not exist. It cannot exist. The money will be invested and decisions will be made by the streaming services, and they will invest those Canadian revenues around the world wherever they think they can make the most profit. This bill asks that they make an equal contribution to the revenues they are taking out of this country to make sure that Canadian content in movies, television and radio continues to exist. To me, that is the importance of this bill.

A secondary part of this bill that is very important to me is that which updates the broadcasting policy to add a requirement that when we are looking at Canadian content it includes diversity. In particular, one of the things that has never been recognized is the importance of indigenous culture and indigenous languages in this country. This bill updates the Broadcasting Act to include an obligation that the Canadian content that is being protected would be inclusive of indigenous culture and indigenous languages. I think that is a very important step forward.

It also acknowledges other forms of diversity. No one would be surprised that I belong to one of those minority communities. I think it is important that all of that diversity, whether with respect to sexual orientation, gender identity, ethnic, racial or religious backgrounds, is represented in Canadian content. This bill would update those regulations to recognize how important that diversity is to who we are as Canadians. For that reason, I am supporting this bill. I have supported it from the beginning.

Do I think the government has done the best job of communicating its messages here? Frankly, no, I do not. Do I think it has done the best job of getting this done in a timely fashion? Obviously it has not. We had an unnecessary election that caused us to start over on this bill. However, that does not make any difference to the final outcome.

We are talking about Senate amendments today. Everyone knows that I am not a great fan of that other place. Most of the time, I think the House should reject all amendments from the Senate. Very few senators even show up to vote on legislation, and they are not accountable to anyone. Therefore, I have no hesitation at all in saying that we will look carefully at amendments that come forward. However, if we in the House do not think they are good amendments, we have every right to reject them, because we are the elected members who represent Canadians in the House. I have no problem sending the amendments back to the Senate, thanking it very much, and telling it that we, the elected members, will decide on legislation.

Having said all of those positive things, I cannot avoid talking for a minute about this other world that the Conservative caucus seems to be living in. It is a world where the Internet is unregulated in a free market where quality rises to the top. I do not live in that world. It is not the real world. The web giants control the content and who rises to the top already. Through their algorithms, they determine what Canadians can see. Google decides in its search engine what will be prioritized.

I belong to the interparliamentary group working on online anti-Semitism, and we have been trying to get those web giants to acknowledge their role, in this particular case, in promoting anti-Semitism in the way that their algorithms function. We had a great deal of trouble getting the attention of parliamentarians from 12 countries to this problem, which they create through their algorithms. They say those algorithms are a business secret. They cannot share how those work. They cannot let anyone have any role in those algorithms. Those are theirs, and they make profit out of them. The bill says that, in terms of discoverability, there be a way that Canadian content created in Canada can be discovered through those search engines.

Yes, there is an intervention about content and what we see. It is not an attempt to censor. It is an attempt to create opportunities for diverse material to make its way forward through the business-controlled algorithms that determine what people see and watch now. There is no wild frontier out there where everybody competes equally on the Internet. We hear the Conservatives saying there is an attempt to censor. There is an attempt to create an opening for more diversity and an opening for Canadian content. That is not censorship.

We heard very extreme statements about Canadian content here, which would, I would say, throw the baby out with the bathwater. They are saying for all these years we have had Canadian content, which has helped Canadian filmmakers and Canadian singers establish a base that they have been able to use to go on to become stars on the world stage. They want to throw that away and say no level playing field and no resources for Canadians against the rest of the big streaming giants who are funding things elsewhere.

That is not the Canada I want to live in, and that is not the way we should approach what is absolutely a changed environment. That is what this bill tries to do. It tries to respond to that changed environment that the streaming companies have created and to make sure there is a role for our stories, our music, our movies and for us as Canadians on the world stage.

That is why I will continue to support Bill C-11. I hope the Conservatives believe what they are saying. I am not sure they do, but I hope that they are arguing from a very honest perspective. I just do not understand how creating opportunities for Canadians is censorship.

Online Streaming ActGovernment Orders

March 9th, 2023 / 5 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I am a very proud Albertan, as I know my colleague is a very proud Quebecker. Therefore, I find it interesting that the Bloc is so supportive of the legislation. He is very intent about protecting Quebec artists and Quebec culture, which I would agree is a very admirable goal. Why he would be putting the authority to protect Quebec culture, Alberta culture and Canadian culture as a whole in the hands of an autocratic, ballooning bureaucracy and one political party in particular by supporting Bill C-11? It clearly would give the cabinet the authority to influence the decisions of the CRTC.

Online Streaming ActGovernment Orders

March 9th, 2023 / 5 p.m.


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Bloc

Jean-Denis Garon Bloc Mirabel, QC

Madam Speaker, as members have mentioned several times in the House, there is legislation dating back to 1991 that helps promote local content, including Quebec content. That legislation from 1991 has become a bit outdated. Inequality grew between the different platforms, so to continue to protect Quebec content, the legislation needs to be updated.

We have three options. The first is to update the legislation, which Bill C-11 would do. The second is to keep the old obsolete legislation and become culturally American. The third is to do what some Conservatives want, namely to withdraw any type of regulation and become culturally American even faster.

As my colleague does not want to opt for the first choice, does he want to become American with the second option or the third option?

Online Streaming ActGovernment Orders

March 9th, 2023 / 5 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, modernizing the act does not mean modernizing it and putting all the power within the government and the CRTC. That is not what Canadian content providers want.

To my colleague's question, nothing in the bill suppresses the power and influence of Facebook, YouTube, Bell or Rogers. None of what the Liberals are saying actually happens. The entire intent of Bill C-11 is to provide more control and more influence to the CRTC and the Liberal government over what Canadians watch, see and read on the Internet. It is that simple.

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:45 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I am very proud as the member of Parliament for Foothills to see the incredible growth of the film and television industry in Alberta, where The Last of Us, the largest production in the world, has just finished filming, much of it in my riding. What this has done is inspire a whole new generation of content creators, who are going out on their own once they have learned the craft and learned the trade from some of these massive productions. They are doing it on their own, many of them from rural communities across my riding in southern Alberta. I know that is happening across this country.

We have had dozens of emails from many of the same people involved in the film and television industry in Alberta, and they are raising grave concerns about the direction of Bill C-11 and the impact that it could potentially have on their ability to grow their viewership, grow their subscribers and be successful artists and entrepreneurs. I am an elected official, and when we have hundreds if not thousands of these content creators and artists raising the alarm about potential legislation, that should be all we need as parliamentarians to slam the brakes and say that clearly there is something wrong with the legislation being proposed.

If anything, the House of Commons should be doing everything we possibly can to raise awareness and promote and showcase the incredible Canadian talent we have across this country. However, clearly, with Bill C-11, experts from a wide variety of genres are raising concerns about the potential of this legislation, and they come from across the political spectrum.

I found it very interesting that my Liberal colleague, earlier in his presentation, said the Conservatives are only listening to the fringe base of their party. I would argue that Margaret Atwood is definitely not what we would consider a fringe supporter of a right-wing Canadian party. We also have young content creators and entrepreneurs from across the country who are saying that this legislation is pushing the Canadian government and how we deal with Canadian content into totalitarianism. We are going in a direction that I thought we would certainly never go in Canada.

Government members like to say that Canadian talent will not succeed in Canada or on the international stage unless they are coddled by the government and this massive bureaucracy. However, we are hearing from Canadian artists themselves that they want to be successful on the international stage and that they can be and are being successful on the international stage without government help. In fact, the government is going to put up obstacles so they cannot reach international viewers.

J.J. McCullough, a YouTube content creator who appeared at committee, is a professional YouTuber from New Westminster, B.C. He was talking about hundreds of Canadians who have millions of subscribers and more than a billion views on their YouTube channels. They have done this without massive government intervention. They have done this without the Liberal government putting its thumb on the scales of the algorithms on the Internet. They have done this because they are incredibly talented. They know how to use the Internet and know how to find their followers. They are finding unique and entertaining content to put up online.

I would like to quote Mr. McCullough:

Given the broad powers of the CRTC, which Bill C-11 expands to include digital platforms, the Canadian YouTuber community is right to worry that the continued success of their channels could soon be dependent on their ability to make content that's Canadian enough to obtain government endorsement.

He goes on:

...it really makes me wish that we could just erect this big wall between old media and new media. I, as a new media creator, do not want to live in the world of old media. There's so much regulation. They have all of these financing issues. They want these subsidies....

In the new media world, which is much more dynamic, we're all independent. We're self-employed. We don't deal with government, and we don't have to have huge teams of lawyers to navigate all of these media regulations. If we feel like working with Americans, we just do and we don't have a big existential crisis about it. We've been very successful.

He continues:

It's based on our ability to produce content that the masses want to watch—not only Canadians but a global audience. No Canadian YouTuber is successful just by appealing to Canadians. They are successful because they appeal to a global audience. That is the way that media works in the 21st century.

Imagine we have a Canadian story told by a Canadian for Canadians, but we are going to have a bureaucratic monster, the CRTC, make the decision on what is Canadian and what is not. That story, a Canadian story told by a Canadian for Canadians, may not be deemed Canadian content by the Liberal government and the CRTC. That is not right and that is not what this bill should be intended for.

Canadian content creators should not have to be filtered through the CRTC and this bureaucracy, which has a political or ideological lens. These creators are successful because what they are doing is unique and shows their talent. That is all they should need to be successful. We should be proud of that, not suppressing it.

That is what worries me about Bill C-11. We are politicizing the whole idea of Canadian culture, Canadian identity and Canadian artists. Canadian culture and what constitutes being Canadian is about being grassroots. It is about coming from the bottom up. However, Bill C-11 was created from the top down, and we are going to have a bureaucracy dictating to Canadians what Canadian content is and what they should be watching.

It is clear in clauses 7 and 9 of Bill C-11 that the CRTC would have the authority to dictate what content will rise to the top, what will not and what constitutes Canadian content. What is worse is that clause 7 clearly states that cabinet will have the authority to influence the CRTC, how the algorithms are set and what is deemed Canadian content. I want to be clear here. No government, no political party and no level of bureaucracy should have that kind of power and that kind of authority. Canadian content should be dictated by Canadians: what Canadians want to see, what Canadians want to support and what Canadians are willing to purchase with their hard-earned dollars.

This is about integrity and public trust, not only regarding the government but regarding Canadian broadcasting and Canadian content. If there is even a whiff that what people are seeing on a YouTube channel, Facebook page or Twitter account is being influenced by any level of government or any bureaucrat, it is wrong, and we are going to lessen the trust and integrity in what we are seeing online.

The Liberals have a chance to prove to Canadians their argument that what we are seeing in the writing of the bill is not really what is going to happen, which I find odd. If the Liberals truly believe that what is in the bill is not accurate, then they would support the amendment they put in the bill, then took out of the bill, the one that clearly exempts social media content from the implications of Bill C-11. However, they have refused to support that amendment.

What that clearly states to me and to Canadians who are raising concerns about this is that the Liberal government is not being honest. It is not truly being supportive of the fact that YouTube creators and artists are going to be impacted by this bill. The Liberals can say what they want, but they are not putting their words to action. They should be supporting this amendment to ensure that our talented content creators are not being impacted. Again, no government, no bureaucrat and no political party should have authority over dictating what is Canadian content and what Canadians can see, hear and read online. That should be up to Canadians and Canadians alone.