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

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


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Bloc

Luc Thériault Bloc Montcalm, QC

Madam Speaker, in her speech, my colleague said that Bill C-11 paves the way for algorithm manipulation. That is worrisome. Can she tell me how, technically, it is possible to manipulate algorithms?

How does she know, technically, that Bill C-11 will provide control over algorithm manipulation?

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:30 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, it is an honour to speak in the House today to this very important bill, which will certainly impact Canada for generations to come. I will be splitting my time with the hon. member for Foothills.

This really is about the Internet. That is what we are talking about today. It is such a marvellous thing. It has led to the creation of Canadian content being shared around the globe. It is truly the definition of free market, merit-based hard work and consistency, and there is so much it can do for Canadians and their content to share it globally with the world. From the palm of one's hand, all that is needed is the Internet or a data subscription package, and people can share their ideas with everyone with the push of a button.

It really is an incredible time that we are living in. It has only been about 15 years that Canadian content creators and producers could share their ideas so freely and so easily all around the world. This really begs the question of why, if they have had this much success and this much freedom, why is the government looking to regulate that?

Why is it looking to put constraints on the freedom that has generated so much success for homegrown Canadian content? That is the question we are looking to answer today. The answers I have heard from the government have not satisfied me that this bill is worth the risk of what it may do, and what it will likely do to Canadian content creators.

Through this piece of legislation, the government, in essence, is about to give itself authority to control what Canadians see on the Internet. Rather than Canadians getting to decide what they see, it would be the government dictating what they see when they open up their smart phones, when they pull up their YouTube app. That would be dictated based on CRTC criteria. I will go into that in a minute.

It would not just impact what we see online, it would also impact the content that Canadians themselves put online. Thousands of videos from Canadians are uploaded every minute, so we are talking about a huge impact on Canadian content creators and those who enjoy watching that content.

It is not only the Canadian content within our own national borders, but also anything that Canadians are looking to view on YouTube from around the world, that would be regulated by this bill.

Why are the Liberals doing this? They are claiming that they are the government and they are here to help content creators. They want to promote, as they say, Canadian content with government regulation. As a Conservative, that immediately brings up a lot of red flags. It also brings up a lot of red flags for Canadian content creators regardless of their political views.

How the government is going to do this is really the concerning part of this bill. The bill gives the government, through the CRTC, the power to force social media platforms and streaming platforms to manipulate their algorithms so that the discoverability of what they deem Canadian content is sort of pushed up the ranks. This is concerning. We have to remember that the CRTC, the Canadian Radio-television and Telecommunications Commission, controls what we see on traditional television and radio, and has done so for the last 50 years. It is really the ultimate gatekeeper of content in Canada in the traditional formats. That comes into play in sections 9 and 10 of the bill under what is called discoverability regulations.

As I mentioned, that is what is really going to determine what we are seeing when we open, for example, our YouTube page. It is going to be based on what Canadian content is, which has yet to be defined. To me that means it is going to be some Ottawa bureaucrat deciding what Canadian content is.

From what I understand, The Handmaid's Tale, which is a world phenomenon Netflix show based on the book by Margaret Atwood, who is, of course, a very notable and famous Canadian author, would not be considered Canadian content. That is not something that would be promoted based on these discoverability rules.

One would think, if this were for Canadian content creators to help them or give them a boost, that Canadian content creators would be over the moon about this, but in fact it is quite the opposite. Over 40,000 content creators, and that is incredible because there is a lot of content creators but not that many people who actively contribute online looking to influence and share their ideas, but 40,000 of them in Canada have affiliated with Digital First Canada and signed letters calling for the discoverability rules of Bill C-11 to be removed from the bill.

Again, 40,000 people who would be directly impacted this, who are supposed to be the ones that the government is saying it is helping, said they do not want this. That, to me, in itself, is enough to say that maybe we should park this bill, shelve it or throw it in the trash for good.

However, the government has continued on for the better part of the last three years. It is not just Conservatives or these content creators who are sounding the alarm. There are other experts in this field as well. Scott Benzie from Digital First Canada explained, “most Canadian creators do not care solely about the Canadian market. The platforms are built for global discovery...local discovery, is a recipe for failure and jeopardizes successes like the indigenous creator renaissance...Canadian musicians seeing global recognition and the world-class gaming industry.” local discovery is what Bill C-11 would target and promote through the algorithms and their manipulation, but they have all had success without the need of any government control from the CRTC.

Marie Woolf, for the Canadian Press, who did extensive research on this, said:

YouTube itself has warned that Canadian digital creators, including influencers and streamers, could lose foreign revenue if the government forces digital platforms to promote Canadian content.

The proposed legislation that would force YouTube and other streaming platforms to actively promote Canadian content risks downgrading the popularity of that same content abroad....

Again, it is important to know that the data from YouTube says that nine out of 10 people watching the stuff that our Canadian creators put online are not from Canada. Therefore, this would have serious consequences for those who are looking to be successful online. It would limit their global audience based on the basic algorithms of YouTube.

A lot of money and livelihoods are depending on this. The number of YouTubers from Canada earning $100,000 or more is growing steadily every single year. People are already having a lot of success, again, without the government's control and so-called support.

Morghan Fortier, co-owner and CEO Skyship Entertainment said, “We've seen first-hand that, when barriers are removed and Canadians are given equal, free access to an open platform and a global audience, they can take on the world. For Canadian creators, YouTube is a level playing field on a world stage. It doesn't matter who you know or what you look like. Any Canadian with an idea and a smart phone can be a creator and find an audience on YouTube.”

That is what it is today, but that is not what it will be tomorrow or whenever Bill C-11 passes.

She went on to say, “If this bill passes as written, the CRTC could determine what content should be promoted in Canada through discoverability obligations.... This approach puts the regulator between viewers and creators, handing the CRTC the power to decide who wins and who loses.”

Obviously, this will have an impact on our Charter of Rights and Freedoms and the freedom of speech that we enjoy.

Michael Geist, a foremost expert in this area in Canada, outlined this very well. He said:

To be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions.... The government has insisted that isn’t the goal of the bill.

He finished by saying, “If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.”

Many people have outlined the threat that this poses to free speech. As someone who loves our Charter of Rights, that is a grave concern to me and the Conservative Party.

Certainly, the elephant in the room here is, as Jay Goldberg, Ontario Director and Interim Atlantic Director for the Canadian Taxpayers Federation, said, “If government bureaucrats get to choose what content to push on Canadians, there’s a very real risk the government will be tempted to use its filtering powers to silence its critics”, which we have seen since time immemorial from governing authorities looking to quash dissent. It is happening right now in China, Russia, North Korea and Iran. I really do not understand why we would open the door in Canada for our government to do that, yet here it is in the bill.

If we do not need this, then why are we doing it? Content creators tell me that they have had lots of success already. Why are we doing this? I do not know. I have yet to be convinced of the need for it at all.

I will conclude with a quote from the leader of Canada's Conservatives, who said this very well on the threat that this poses to the liberties that Canadians enjoy and the success they have received online with the freedoms we, at least today, have for now. He said:

We live in a free country. Everyday, ordinary Canadians should be allowed their own megaphones and the only limit on how loud and how vast their voices are should be whether people choose to listen to them. Everyday Canadians should be able to decide what they like by voting with their clicks. That is the kind of liberty we should extend to the Canadian people. In the marketplace of ideas, there is no role for state coercion and intimidation. There is no role for nameless, faceless government bureaucrats to decide who is heard and who is not. Everyday Canadian people should have the freedom to do that for themselves.

After eight years, it is time for a government that protects freedom of speech and consumer choice, and encourages Canadian creators instead of getting in their way, which is what Bill C-11 would do. That is why Conservatives will fight it every step of the way, and we will repeal when we are in government.

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:30 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I thank my colleague from Montcalm for his question.

Quebec is a very economic, vibrant sector here in Canada, and we applaud all the artists in the cultural sector in the province of Quebec. We should take a nod from them in their support of Bill C-11 and how it would modernize the Broadcasting Act.

Also, we then scratch our heads about why the Conservative Party of Canada is against a bill that the cultural sector here in Canada supports. It makes me think about the other ways Conservatives are looking at this bill, such as for ideological purposes and partisan purposes, and not for the direct benefit of the Canadian cultural sector, including the cultural sector in the province of Quebec.

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:30 p.m.


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Bloc

Luc Thériault Bloc Montcalm, QC

Madam Speaker, how does my colleague explain the fact that all of Quebec's creators and artists, regardless of their sphere of practice, are eagerly awaiting this bill? If anyone is sensitive to the issue of censorship, it is our creators and artists.

How is it that they are looking forward to us passing Bill C-11, yet the Conservatives alone see it as censorship?

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:25 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I want to thank my colleague from Calgary Shepard for his question.

I have known the hon. member for Calgary Shepard for many years since I was elected a member of Parliament and I have a great deal of respect for him.

The content creation would not impacted in any way by Bill C-11. That is not the intent of the bill in any way. We encourage and value content creation by Canadians from coast to coast to coast. This is a bill to modernize our Broadcasting Act and ensure the technological advances that have allowed streaming services like Netflix, Crave or Apple TV+ are brought under the Broadcasting Act, much like the Canadian homegrown broadcasters have been so for many decades.

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:25 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I invite the member to follow along with me. Clause 7 of the legislation says that the cabinet can issue a directive, an order, to the CRTC because it amends certain sections of the act. When I go into the original act, it actually gives the right to cabinet to set policy objectives for licensing, service fees and for access.

The way I read Bill C-11 right now, it would allow the government to censor content it does not like because of clause 7 in the bill. Members have repeatedly mentioned that this bill is bad and that we need to kill Bill C-11. We have been consistent on this message.

Does the member agree with me on the reading of clause 7 that in fact it would give the cabinet the ability to direct the CRTC on licensing, content and fees?

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:20 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, the committee gave our colleagues the opportunity to study the bill with much closer scrutiny. That study lasted 12 meetings, where the committee heard from 80 witnesses and received 52 written briefs, but do not worry; the Conservatives still managed to delay and distract. They filibustered during the meeting at which the minister was supposed to appear and they filibustered the committee's clause-by-clause consideration.

They can try to deny it today, but the member for Lethbridge admitted it herself. She said, and this is a direct quote, “I did filibuster at committee”.

Fortunately, our colleagues in the Bloc and the NDP have decided to join us in modernizing Canada's broadcasting system through Bill C-11, and 38 amendments passed at the heritage committee, which included amendments from all recognized parties. Despite the Conservatives' best efforts, the bill made its way to the Senate.

Very well. At this point, I think it is valuable to remind my colleagues that the Conservative Party of Canada is the only political party recognized in both the House of Commons and the Senate. Senator Leo Housakos, the proud Spartan, who is both the Conservative critic for the bill in the Senate and the chair of the committee that reviewed it, is a regular in “Kill Bill C-11” videos posted by the Leader of the Opposition on social media.

Ironically, those videos, I might add, would not be impacted whatsoever by this bill, no matter what he claims. The best word to describe the Senate committee's study of Bill C-11 is “robust”.

Starting in June 2022, the committee spent over six months reviewing the subject matter of Bill C-11, hearing from 138 witnesses over 40 meetings. The members did not mishear me. I said 40 meetings, dedicated to considering the subject of this very important bill. Senators spent nine of those meetings in clause-by-clause consideration of Bill C-11, including three-hour meetings, making it the longest clause-by-clause consideration in Senate history.

The bill emerged with amendments from all recognized parties and groups in the Senate, of which we are pleased to support close to 80%.

Here we are, over a year later, hearing the Conservatives urging us to send the bill back to committee, after over 100 hours of committee study, over 200 witnesses and dozens of written briefs, including from Telelatino in Toronto. I know that the folks at Telelatino produce great ethnocultural broadcasting, and they are in support of this wonderful bill.

This does not even include the countless hours of debate and study of the previous version of the bill that contributed to the online streaming act. As it stands, this bill has amendments from all recognized parties and groups in both houses of Parliament. It has truly been a group effort, and the future of Canada's broadcasting system is better for it.

The Conservatives are now bringing up Quebec. It is great they are finally paying attention, but they must have missed the two unanimous motions passed by the National Assembly to support the Broadcasting Act and the entire Quebec cultural industry pushing for the bill's swift passage.

The reality is throughout this process there have been endless opportunities for Conservatives to work collaboratively to defend Canadian artists and creators. Every time, they have chosen to side with foreign tech giants to maintain the status quo.

On this side of the House, we believe in doing more for Canadian culture, not less. We know in the prior Conservative administration how much less its members did for Canadian artists and culture and how they cut spending on Canadian culture, artists and content creators. We will not do that and we have not done that. We will continue to support the Canadian arts sector, culture sector and content creators.

I know this has been brought up many times throughout the debate, but there is an urgent need for this legislation. It cannot be overstated. The integrity of Canada's arts and culture system is at risk. We owe it to the tens of thousands of Canadians working in the arts and culture sector across the country. We have done the work as parliamentarians and now it is time to pass Bill C-11.

Many of us watch streaming services that provide content over what are called non-traditional methods. My wife and I really enjoy Ted Lasso, and the third season of Ted Lasso is coming out on March 15. We very much enjoy it. It is very well written. It comes across on I believe Apple TV+ and we pay a monthly fee for that. That content provider would now be subject to the Broadcasting Act, and it should be, much like Canadian broadcasters have been subject to the Broadcasting Act for decades.

Finally, to end off, the Broadcasting Act has not been revised since 1991. I wish to applaud all members of both the House and the Senate on those committees who have worked so judiciously, even when their opinions did not converge, to be unified and even when they disagreed vehemently and passionately from potentially different ideological bents on how they view the Broadcasting Act and how they view the CRTC. However, they did the work Canadians sent them here to do, and particularly in the House of Commons. They did the work their constituents elected them to do judiciously and diligently to bring forth the best possible legislation with regard to the sector we are talking to, which is broadcasting and updating the Broadcasting Act after three decades, or since 1991.

I look forward to questions and comments from my colleagues and I hope everyone is having a wonderful and productive day and week.

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:20 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, it is great to be here this afternoon, and I hope all of my colleagues are having a productive day.

I rise today to speak in support of Bill C-11, the online streaming act. This important piece of legislation will level the playing field by requiring online streaming services to support Canadian artists and culture, just as Canadian broadcasters have been doing for decades.

As we have all heard many times, the last time the Broadcasting Act was updated was over 30 years ago, in 1991, when yours truly just finished high school, I believe. Since then, the way content is broadcast to audiences has changed dramatically, but our system is stuck in the 20th century and needs to be updated. After over a year of thorough study in both Houses of Parliament, the finish line, yes, is in sight.

Conservatives have recently started claiming that parts of this bill have not yet received the appropriate scrutiny by parliamentarians. I beg to differ.

With all due respect, I fail to understand how they can genuinely suggest that this bill has not been studied enough. At every step of the process, they have attempted to delay and distract from the issue at hand, which is bringing the Broadcasting Act into the 21st century to support Canadian artists and creators.

To show just how much this bill has been studied, let us take a trip down memory lane. On February 2, 2022, Bill C-11 was tabled in the House of Commons. Second reading debate started on February 16, 2022. Over the course of five days of debate, we heard over 15 hours of speeches from 48 members of Parliament in all recognized parties, including 29 Conservatives.

Conservatives then claimed that they did not have enough time to debate but then moved concurrence motions that blocked their own ability to speak and debate on the bill. They did this during the previous iteration of the bill in the last Parliament and on Bill C-11 in this Parliament, when they cut three hours of debate time and prevented their own members from having the opportunity to speak. I note the irony. Ultimately, these obstructionist tactics have only hurt the Canadian artists and creators that the online streaming act, Bill C-11, seeks to support.

Fortunately, Bill C-11, finally—

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:15 p.m.


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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I would just like to put this to the member across the floor. The former Bill C-10, in its original version, included an exemption for programs that users upload onto their social media or, as it was called, user-generated content. The Liberals voted to take that out of their own bill in committee, which really builds confidence in Canadians, and resisted Conservative attempts to reintroduce it. They then put it back into Bill C-11, but then put in an exemption to the exemption that basically makes it meaningless. If Canadians are supposed to trust the government and believe what it is saying, this flies in the face of that.

Will the Liberals put that amendment back in and make it very clear to Canadians?

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:05 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I think my point was made though. The member for St. Albert—Edmonton is making a lot of content today with the very unfortunate comments he made in that committee meeting, if anybody is looking for content.

I would like to say that I am just the warm-up act today for the member for Vaughan—Woodbridge, who will be speaking after me. Please applaud the member because he deserves it.

I want to read a quote from Gord Sinclair, a member of The Tragically Hip, who appeared before the committee when it was studying this bill. He said:

Gord Downie wrote in our song Morning Moon that if “something's too cheap, somebody's paying something”. Every song ever recorded can now be streamed for less than $10 a month. The somebodies in this case will be the future you and me when we realize that we've undervalued the contribution of Canadian musicians and songwriters.

He went on to say, “Streaming is here to stay, but the platforms...must contribute to the long-term health of the arts”.

I bring that up because I am obviously very proud to come from and represent my riding. Part of my riding is a municipality that The Tragically Hip calls home. If we dive a little deeper into Mr. Sinclair's testimony in committee, the band attributes its entire success and becoming so renowned in Canada to having the proper tools in place to make sure that its content got exposure.

Why is that important? It is important because we are a country of rich cultural diversity that has a lot to offer in the arts. However, the concern is that we have another market right over the border, literally fewer than 10 kilometres from my riding, where the market is 10 times the size. It would be very easy for the Canadian market to be consumed into the American market.

When we think about it, it has 10 times the population and effectively 10 times the number of artists. To compete against that is very difficult, regardless of the incredible contributions that Canadians give to the arts. That is why, in the 1970s, legislators said that we needed to preserve the culture and the unique identity that comes from having Canadian artists able to perform and create.

I have been listening to this debate since it started yesterday. I heard the member for Lethbridge tell this story about how back in the day, all an artist needed to do was bundle together their best hits, put them on a tape, bring the tape to a radio station, beg them to play it and hope to get on the air. The successful ones would make it, and the others would not.

She left out a very important point, which is that the radio stations were required to play a certain amount of Canadian content. The number has changed, it is not relevant, but at the time, 30% of the content had to be Canadian.

Yes, those Canadian artists had to compete against every other emerging artist, collaborator and songwriter, but they only had to compete within the realm of that 30% against the other Canadians. They did not have to compete with a market 10 times our size right over the border.

I get the Conservatives' angle on this. They like to take the free market approach and say everything is about the free market. I get it. That is where they come from on this. What they need to do is come to terms with the fact that they just do not want to support Canadian content. They think that Canadian content needs to go up against the market 10 times our size to the south and just let the chips fall where they may. I think the majority of Canadians disagree with that position.

We have seen the success of The Tragically Hip, which I will always use as my reference. It was able to get into the Canadian market and become known as one of Canada's best bands as a result of having that incredible opportunity to gain exposure when it would have been difficult otherwise. Therefore, I cannot help but wonder why the Conservatives are doing this. Why are they so insistent?

It became quite obvious a couple of days ago, when I saw a fundraising email sent out by the Conservatives. This contained a screenshot of one of my tweets and basically said that I was agreeing with a reporter's assessment of Bill C-11. They know they can raise money off this. That is what this comes down to: politics as usual. I have said this many times in the House because it is true. All they are interested in is the politics around it.

The email talked about censorship and the right to freedom of expression. It talked about how they know that we are not telling the truth and asked Canadians to help kill the bill, with a big “Donate Now” button underneath. That is what this is about for the Conservatives. That is it.

We can recall when the first version of this legislation came about, when in all honesty, the Conservatives were able to get a lot more attention on the issue than they are now. I think Canadians have now seen through them. However, they were not as interested in this until they were able to make it a sensational issue like they are now and like they did then. I do not think they are really that successful at doing it now because the vast majority of Canadians realize that Bill C-11 is not about censorship, infringing on rights or trying to do anything malicious. Rather, it is about ensuring that Canadian content continues to get exposure and that Canadian content creators have the opportunity for their material to be shared.

If members do not agree with that or think that government should play a role in it, it is a legitimate policy and a legitimate position to take. That is at least taking a position. They would at least be coming in here and saying that they do not believe in CanCon, they do not think it is relevant or necessary anymore and artists should fend for themselves. If that is the position of the Conservatives, which it looks like it is from the writing on the wall, then they just need to come clean about it and say that. They should not dress it up with these words about censorship and freedom of expression being infringed upon. That is absolutely ludicrous.

The member for Lethbridge, although quoting someone else, said that with Canada going down this road, it likens us to North Korea. Can members imagine that? That is talking to one's fringe base. What Canadian witnessing that would actually sit there and think that Canada is going to be like North Korea if this passes? Nobody would ever actually think that, except—

Online Streaming ActGovernment Orders

March 9th, 2023 / 4 p.m.


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Bloc

Jean-Denis Garon Bloc Mirabel, QC

Madam Speaker, about two years ago, the Conservative member for Lethbridge said that Bill C-11 was just a way to protect old, out-of-date Quebec artists that nobody cares about anymore. My riding boasts our national poet, Gilles Vigneault, an extraordinary man.

I have two questions for my colleague.

Does he, too, feel that our national poet is an old, outdated artist?

He has also been giving shout-outs to videos of dishwashers, washer, dryers and refrigerators. Is that his definition of quality Canadian content that makes him proud of his culture?

Online Streaming ActGovernment Orders

March 9th, 2023 / 3:55 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I am very honoured to be here today.

Listening to the comments from the other side of the aisle, one would think that the world is falling down or something to that effect. In fact, Bill C-11 is very prudent. It is a good step and a very big first step in modernizing the Broadcasting Act, which has not been modernized since 1991.

In fact, it would do nothing to discourage creation or streaming for Canadians who wish to produce content. It would encourage more Canadians to produce Canadian content. Who would not be in favour of such a goal, to have more Canadian content seen, listened to and read by Canadians from coast to coast to coast? This is a bill that has been debated on both sides, in the Senate and here, for hours upon hours and with amendments brought forward. Would the hon. member not agree that this is the best way to produce legislation, when we have both Houses working, witnesses coming forward and the committee doing the work that Canadians sent those MPs here to do?

Online Streaming ActGovernment Orders

March 9th, 2023 / 3:45 p.m.


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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, we are here today talking about the Liberals' online censorship bill, Bill C-11. That is what this is. It is an attempt by government to meddle in the leisure time and the cultural and social education that Canadians have. Sometimes, under the Liberals' proposal, Canadians would have to pay for it. Canadians will subscribe to services and pay for their own Internet service and the Liberals would decide what they should be watching and what they should not be watching.

It is interesting, but not surprising after eight years of the Liberal government, that it is on full display now for Canadians that it is a government that wants to control what Canadians see and control what Canadians think.

This is a theme we have seen over the last eight years with a Prime Minister who is always looking to silence his critics and who is also looking to discredit those individuals who have the reputation, who are able to hold him to account. A few obvious examples comes to mind. We will first talk about media.

The Prime Minister has said on more than one occasion that stories that have appeared in mainstream media like The Globe and Mail are false, that they are fake news or misinformation. Then it comes to light, as was the case in the SNC-Lavalin scandal where the Prime Minister was found to have used his position to interfere in the criminal prosecution of his friends, that the story in The Globe and Mail was correct.

We must not let that get in the way of a good cover-up from the government. It wants to be able to control the narrative, even when there are members of the King's Privy Council who push back against the government and push back against the Prime Minister. Instead of taking that advice, that sober second thought, what did the Prime Minister do? In the case of Canada's first female indigenous attorney general, Hon. Jody Wilson-Raybould, when she spoke truth to power to the Prime Minister, he fired her. He kicked her out of cabinet. When another eminent Canadian, a minister of the Queen's Privy Council, Dr. Jane Philpott, spoke out on that issue, he kicked her out of cabinet too.

Canadians are best served when they get truth and honesty, and not when we have a government that is looking to exert control. That is the pattern we have seen with the government. When we are hearing from Canadians and from experts that this would affect what Canadians are able to watch and see online, we should take notice. It should give the government pause, but instead, what is it doing? It is dismissing its critics and saying it is misinformation. We have seen that pattern before.

When the Senate, Canada's chamber of sober second thought, brought forward amendments to protect some of the areas where we have heard the greatest concerns from Canadians with respect to user-generated content, the government dismissed those amendments out of hand. It said it was absolutely not going to do that, but not to worry as the bill does not affect user-generated content.

Why would the government defeat those amendments at committee and why would it refuse those amendments from the Senate? It is because, make no mistake, Bill C-11 would regulate and censor what people see. It would make the government, the Prime Minister through his Minister of Canadian Heritage and through the CRTC that reports to him, the regulator of what we can see online.

It would also censor what one can say. When I say the bill would censor, I mean the government and the Prime Minister, through his Minister of Canadian Heritage and through the CRTC. They would make sure that homegrown talent would not be able to rise to the top based on its quality.

We have seen countless examples where, against the odds, against media giants and production company giants around the world, not the least of which is the United States, Canadian content has flourished. Digital content of course is at the heart of what a lot of Canadians see and do online. The marketplace of ideas should be a meritocracy, but the government is afraid of that. The Liberals are afraid of that. They want to decide who the winners are and who the losers are, when it should be the consumers. It should be Canadians who get to decide.

We hear a lot about favourite programs that people grew up watching or listening to. No one made them watch it because it was Canadian. If it was quality, Canadians consumed it. Now that there is more content, there are more opportunities for Canadian content to flourish, and that is exactly what is happening.

We have a content creator in my riding, and I am not confused. It is McMullan Appliance and Mattress. Corey McMullan from McMullan Appliance and Mattress, which on a county road in my community, is a viral Internet sensation. He is not making cat videos. He is not doing any crazy stunts. He is talking about fridges, washers, dryers and stoves.

His honesty and his authenticity has caused him to gain global celebrity, and with that has come revenue for his business. He is able to sell products online. People buy them from him online because he talks about it. He is not advertising and he is not paying for advertising, but the innovation, the entertainment value and the character of this gentleman have propelled him to such fame and credibility that folks in my community in southeastern Ontario will take their pickup trucks from North Bay and drive all those hours to my community to buy an appliance from Corey because they trust him.

This type of obviously Canadian content is now going to be subjected to a test by the government, where it will decide if it is Canadian enough. We have heard other speakers talk about productions that are made in Canada, written by Canadians, produced by Canadians and have Canadians who star in them, but they do not meet the standard for Canadian content.

If the Liberal government is not prepared to exempt user-generated content, we need to ask why. Why does it refuse to recognize Canadians should have the freedom to say, to think and to watch whatever they want? I believe in my community and I believe in Canadians. I believe in people like Corey McMullan rising to the top based on that sometimes indefinable quality that Canadians are recognized for around the world. That is why, for a very small population, so many actors of stage and screen, so many people who write and produce, and so many people who create are household names. It is not because the government made people like them. It is because Canadians are extraordinary and we are extraordinary because of our freedoms.

After eight years of the Liberal Prime Minister, Canadians have had enough control. That is why a Conservative government would repeal this bill and that is why we believe we need to kill Bill C-11.

Online Streaming ActGovernment Orders

March 9th, 2023 / 3:45 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Madam Speaker, I do not know if my translation device is broken or not, but am I hearing the Bloc Québécois supporting a bill that gives power for bureaucrats in Ottawa and the federal government to control what the people of Quebec see on a search engine result? I could have bet on a lot of things, but I never would have bet that the Bloc Québécois would be supporting Bill C-11, especially when the provincial government and numerous groups in that province have said this should not be standardized and centralized by the federal government. Shame on the Bloc Québécois for doing what it is doing.

The Bloc Québécois was wrong on Bill C-5. Bloc members voted for it and now they are regretting it. They are going to vote for Bill C-11, and I will bet $10 that in about a year, they will be regretting that too.

Online Streaming ActGovernment Orders

March 9th, 2023 / 3:45 p.m.


See context

Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Madam Speaker, my colleague spends a lot of time in the House. I would encourage him to read clause 7 of this piece of legislation. That is the exact reason why Conservatives have major concerns and are calling out this bill as flawed.

Liberals have had so many opportunities in the House of Commons, in the Senate and in committee, through amendments, to do this, but the reality of the situation is true. They are punting the power to the CRTC behind closed doors, to create algorithms on what goes up in searches and what goes down. That is control. That is censoring something.

If it is organic and what people want to watch, and the Liberals do not like it, they could put a formula in and make the company have it go down. If they have these big lobbyists who advocate to tweak that formula, all of a sudden search results can go up. It was not a problem until Bill C-11 came along and the government's intent. It has had every opportunity to clarify it, and it refuses.