Bill C-11 (Historical)

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.

Canadian Heritage

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, it is a fact that on Tuesday we saw democracy thwarted. We saw a cloak of secrecy used. At the command of the NDP-Liberal government, Bill C-11 was forced through committee without adequate consultation with witnesses and adequate debate on amendments. There was no listening and no discussion. It was just rammed through. That was their mode of operation. It was censorship upon censorship.

Canadians are rightly frustrated and very concerned by the assault of the House on their online freedom. My question is very simple to the minister and the Prime Minister; either or both could answer. Do they truly believe that this is transparency, according to what they promised Canadians?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, it is a matter of fact that on Tuesday, the government, under a cloak of secrecy, did in fact thwart democracy. At the committee, the NDP and Liberal government took Bill C-11 and forced it through without adequate debate or adequate testimony from witnesses.

[Tim Uppal, Conservative, Edmonton Mill Woods, AB]

Mr. Speaker, as we just heard, the Liberals have shut down debate on Bill C-11. In fact, MPs voted on over 100 amendments without any debate at all.

The Liberals are actually changing what Canadians see online without debate and behind closed doors. It is clear from expert testimony that this bill would allow the CRTC to regulate user-generated content. That is why, through a series of vital amendments, the Conservatives tried to fix this bill. Our common-sense amendments were shot down by the Liberals and the NDP without any debate.

When will the government listen to some reason and fix this disastrous bill?

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, Canada's Conservatives will always stand up for our arts and culture sector, but in the dead of night, the Liberals rammed through dozens of amendments to Bill C-11 without debate or explanation. In fact, the Liberal chair of the committee would not even allow Canadians to know what was being voted on. Not one amendment to clearly exclude user-generated content was approved. Canadian—

Judges Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I normally do not want to see bills rushed through this place. The hon. member for Peace River—Westlock may know that I supported the Conservative vote on not rushing Bill C-11 through in the way that it was rushed through earlier this week.

However, in this case, this bill has had an unusual course. In the last Parliament, it actually started on the Senate side, so it has already been studied in the Senate. On top of that, of course, there were deep consultations with the Canadian Bar Association and others in developing the legislation. On many issues, Canadians are inadequately consulted, but maybe if it does come forward, I would hope that we do find a way to move it quickly, because it should have been passed probably about five years ago, if not 15 years ago.

Canadian Heritage

[Hedy Fry, Liberal, Vancouver Centre, BC]

Mr. Speaker, I have the honour to present a report in both official languages.

This is the second report of the Standing Committee on Canadian Heritage, in relation to Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

The committee has studied the bill and has decided to report the bill back to the House with amendments.

I want to give specific thanks to all the officials, the clerks and the interpreters who helped us with this extraordinary committee work as we went through clause-by-clause, specifically to Mr. Philippe Méla, the legislative clerk.

Government Policies

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, airports are in chaos. The passport office is snowed under. Inflation is out of control. Ministers are misleading Parliament. The government's current priorities are an incoherent mess.

Bill C-5 would drop sentencing requirements on violent offenders and drug traffickers and open the door for sex offenders to serve community sentences near their victims. Bill C-21 pretends to address gun violence, but literally only affects people who obey Canada's existing strict firearms laws. Bill C-19 would remove any pretense of fiscal control from the undisciplined and unserious government. Bill C-11 is a bill that would give the CRTC the power to control what Canadians find and post on the Internet. None of these bills would do anything to fix any of Canada's serious problems.

If these are the government's priorities for the next two weeks, I suggest it quit now and spend the summer coming up with a real agenda to help Canadians.

Government Business No. 16—Proceedings on Bill C‑11

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, the Conservatives who are trying to heckle me now can take a look at Hansard and see that the member for Provencher asked me the question of whether I was concerned about Bill C-11 and the government following people on cellphones. I have Bill C-11 right here on the desk, and there is not a word about cellphones or the government following people on cellphones. Conservatives are inventing things around Bill C-11. Is it because they never read the bill or is it because they believe in deliberate disinformation? Either way, they simply do not have credibility on this bill.

The Conservatives have simply shown themselves not to be a responsible opposition party. They cannot invent things that are not in the bill. They cannot not read the bill and then show up in the House of Commons and simply throw out things that are not true. We have seen on social media how Conservatives have tried to equate this with some kind of censorship.

When Canadians read through the bill, they will see that the intent of Bill C-11 is very clear. It is levelling the playing field with the web giants, ensuring that there are more Canadian jobs, ensuring that we actually have Canadian content, and that we can develop the kind of prosperity in our sectors that we have seen under the traditional Broadcasting Act.

For Conservatives to pretend that there is a wide, wacko number of things that are not in the bill, never were in the bill and are not listed in the bill, and to pretend that has some kind of credibility in connection with the bill, is very rich.

We had Conservatives blocking witnesses who were trying to testify. We had Conservatives filibustering for weeks, refusing to have consideration of the improvements that must necessarily be made, in the opinion of the New Democratic Party and in this corner of the House. We see Bill C-11 as an important step forward, but we have heard testimony from many witnesses who want to see improvements. We have been tabling amendments as we go along and as witnesses have come forward, making sure that the bill actually reflects that important witness testimony and is improved.

Again, Conservatives refused to set any sort of deadline around amendments and refused to put in place a kind of structure around amendments. In this place, there is the incredible work of the legislative clerks that takes days to do. We have the translation facilities that are so important, because as a bilingual country we need to make sure that every document is accurate in English and French. With Conservatives refusing to submit amendments, it meant that work had to take place not in the way that it had for every other party that submitted their amendments a week and a half ago. It meant we were now going to have to cater to the Conservatives and spend a few hours making sure that the Conservative amendments were not mis-drafted and that they were available in both official languages.

The other parties already took care of that. The other parties, being responsible and not having a “the dog ate my homework” approach, actually believed that it was important to get the amendments to the legislative drafters in time and that it was important to make sure the translators, who do such a remarkable job in the House of Commons, actually had the time to put together those translations.

This is another way the Conservatives have been wreaking havoc in the House of Commons, rather than submitting the amendments. Why would they refuse to be responsible and respectful to the workers in this chamber who do such valuable work in drafting legislation and amendments, and in translating them? It shows a profound disrespect. Conservatives have been wreaking havoc in so many ways with a profound disrespect that they have for parliamentary institutions.

Here we are. We finally have an opportunity, as the House of Commons, to call the Conservatives on the Canadian heritage committee to account. These are the same Conservatives who blocked important testimony from witnesses who had a lot to offer: witnesses who should be questioned in some detail about their approach on Bill C-11. These are the same Conservatives who refused to submit amendments, the same Conservatives who blocked additional witnesses and the same Conservatives who have delayed, by weeks, consideration of clause-by-clause that should normally occur once we have heard from witnesses.

The Conservatives have done all of that at the Canadian heritage committee. Now, in the coming minutes, we will be called upon to judge them on their actions. I believe that the majority of the House of Commons will say that the Conservatives were wrong to do that.

The Conservatives, at committee, need to get to work. They need to work to improve the legislation the way the other parties at committee want to do. When the Conservatives get what I can only call condemnation from the House of Commons that they have not been acting appropriately, they have no one to blame but themselves.

It also indicates a bigger problem within the Conservative Party. As we will recall, right after the election, there was one of the culminating moments of this Parliament so far. It is a moment we were all proud of. We had the ban on conversion therapy come forward, and it was passed at all stages unanimously. That was a remarkable victory for common sense and equality. The ban on conversion therapy passed.

After that, there were all kinds of divisions within the Conservative Party, and ultimately, the member for Durham lost his job as leader of the Conservative Party. Since then, the Conservatives have dissolved into factions. I regret this because I know there are moderate MPs in the Conservative Party who I have a lot of respect for. Then there are other Conservative MPs who endorsed the hate and disrespect for democracy that was embodied in the so-called “freedom convoy”.

Right outside this House, there was a so-called “freedom convoy”, which called for the overthrow of a democratically elected government, expressed hate, flew the Nazi emblem and confederate flags, which are disgraceful emblems of hate, yet some of the more extremist Conservative MPs endorsed those aims and the so-called “freedom convoy”. One of them is even running for the leadership of the Conservative Party, the member for Carleton. What does that say about the Conservative Party when we have seen this disintegration of its respect for democratic institutions?

Again, I note that there are moderate Conservative MPs who do respect democracy. I think their voices, tragically, have been muted within the Conservative caucus, but when Conservative MPs, including the interim leader of the Conservative Party, endorse the aims of the so-called “freedom convoy”, it should cause all of us to question what the direction of the Conservative Party really is. It was not a high point for the Conservative Party. Subsequently, we saw the concerns around the vandalism and violence with the so-called “freedom convoy”. It is simply not anything that any member of Parliament should be endorsing.

The aim that we have seen over the last few months seems to be that the Conservative Party is essentially refusing to let any legislation through. I have said before, and it bears repeating, that there are two block parties in the House of Commons: the Bloc Québécois and the block-everything party. The block-everything party is the Conservative Party, which has simply refused to let any legislation through. That has included important legislation, for example, that would provide supports to farmers and teachers. The Conservatives blocked it.

There was the budget implementation act, which the NDP was proud to have negotiated through confidence and supply. For the first time, an adequate and substantial investment in affordable housing was going to be made to meet a housing crisis that has been so hard on so many Canadians. The NDP and the member for Burnaby South, the leader of the NDP, negotiated that. For the first time in decades, we would see, coming down the pipeline, enough investments in affordable housing to create tens of thousands of affordable housing units, but they would not be based on market prices.

In my part of the country, New Westminster—Burnaby, a one-bedroom apartment can be $2,000. That is not something that most people in Burnaby or New Westminster can afford, but when there is affordable housing based on 30% of people's incomes, then it become affordable. Then, regardless of people's income category, they can afford to have a roof over the heads and put food on the table. This is all a result of the confidence and supply agreement.

As well, the national dental care plan, for the first year, would be put into place for all children 12 years of age and under. We know that good dental care early in life allows for better dental care later in life as well.

As the Speaker would know, because I know how closely she is tied to her constituency, people in our country, millions of them, have never had access to dental care. We can see what that does to their teeth over the course of years without access to dental care. I have seen constituents whose teeth are literally rotting out of their mouth. Now for the first time, over the next couple of years, thanks to the NDP push and the confidence and supply agreement, we are going to see national dental care.

Dental care for those 12 and under and housing were very much part of the budget implementation act, yet the Conservatives blocked them as well. I say that sadly because there is no doubt this would make a difference in people's lives, but the “block everything party” just blocks by reflex. It just wants to block every piece of legislation. That makes no sense when Canadians need the supports in the legislation before the House.

The Conservatives' refusal to accept, in this case, the ability of the heritage committee to put in place and improve Bill C-11 and add the amendments that we have heard from many witnesses will make the bill better, and the Conservatives' refusal to allow amendments to be tabled and allow a discussion to be held, have brought us to tonight and Motion No. 16, which I will again cite as a motion to stop the Conservatives from wreaking havoc at the heritage committee. It will allow us to finally improve Bill C-11, after hearing from witnesses and after weeks of delay due to the Conservatives blocking everything. It will make Bill C-11 better, and make it, in a very real sense, a bill that creates more Canadian jobs, levels the playing field for Canadians against the web giants and ensures that we will have a vital broadcasting industry for years to come that will tell Canadian stories to Canadians.

With that, I will conclude my speech. It is now eight o'clock, and I believe the bells will be ringing and soon we will be called to vote. I will be voting yes on Motion No. 16.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, it is my pleasure to close debate tonight on motion 16, which I have also entitled the “stop Conservatives from wreaking havoc at the heritage committee” motion.

What we have seen over the course of the last few weeks is Conservatives wreaking havoc at the heritage committee. Bill C-11, as so many speakers have pointed out over the course of the last few weeks of debate in Parliament, would do important things to actually help to foster Canadian content, help to build the industry in Canada and make sure that there is more Canadian employment. There are many aspects of Bill C-11 that are important and that actually would make a difference.

How have Conservatives acted in committee? We saw it. After having an agreement for the equivalent of five weeks of hearings into Bill C-11, we saw the Conservatives systematically obstruct and wreak havoc at committee. They did a number of things, and they are important to put on the record.

First off, when there were witnesses outside—and I will point notably to the chair of the CRTC and also to the Minister of Canadian Heritage, all of whom came to answer questions from members of the committee, and they were often tough questions—what did Conservatives do? They actually blocked them from testifying and answering questions.

Who does this? We are parliamentarians and we are supposed to be asking the tough questions. Conservatives said, “No, we are going to just talk out the clock and refuse to let these people actually come in, testify and answer questions about the bill.”

Weeks ago, about a week and a half ago, the Liberal Party, the Bloc Québécois and the NDP all filed their amendments, yet we saw Conservatives systematically obstruct and wreak havoc within the committee by refusing to actually file the amendments that are to be based on testimony from the witnesses we did hear. I should note that it turned out that the Conservatives finally admitted to actually filing their amendments on Friday. The idea that somehow this was accelerating a process that was unfair to them is simply false; they also tabled their amendments.

We heard from dozens and dozens of witnesses. We also had a whole slew of amendments suggested, and people and organizations also submitted written testimony to the heritage committee. Our job, as members of the heritage committee, is to take all of those suggested amendments, all of that witness testimony and all of the memoirs that were submitted and improve the bill, and it is important to note that the vast majority of witnesses support Bill C-11.

We have not had a single Conservative stand up in the days of debate we have had around Bill C-11 and actually admit that most of the witnesses who came to committee support Bill C-11. Not a single Conservative has admitted to that. That is a problem. There is a question of credibility when we are hearing from witnesses saying that Bill C-11 is necessary and would make a difference, that it would level the playing field between the web giants and help create more Canadian jobs and more Canadian economic prosperity, when not a single Conservative is prepared to admit that most of the testimony has been in Bill C-11's favour. I think that fundamentally undermines their credibility on this issue.

I will say something further about the Conservatives' lack of credibility on this issue: We have had absolutely wacko claims by Conservatives. Members will recall Conservatives saying that somehow Bill C-11 had something to do with the government actually following people on cellphones.

[Ruby Sahota, Liberal, Brampton North, ON]

Madam Speaker, I would like to ask the member this. He has referred to Bill C-10, so we know that similar legislation came to this House of Commons before. As well, in Bill C-11, there have been improvements made, so there has been ample opportunity for the Conservative members to read the bill and understand the bill.

I am wondering if we can get to the amendment stage, the clause-by-clause stage of the bill, and whether the member has some actual amendments to propose.

[Dave Epp, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, it is always a pleasure to rise and bring the voice of Chatham–Kent—Leamington to this chamber. I want to thank my colleague for splitting his time with me.

I am pleased to speak to Motion No. 16. Actually, I am not pleased to speak to it, but I am honoured to have this opportunity on Motion No. 16, the programming motion on Bill C-11.

Canada is home to some of the best talent in the world. Our artists, our actors, our musicians and other creators in our arts, culture and heritage sector continue to develop incredible Canadian content on a daily basis. The development of the sector is alive and well, with young talent consistently emerging across the country. These exceptional artists and creators deserve nothing less than an even playing field and to be supported with all the tools they need to thrive in their industry. They deserve fair compensation and a competitive economic environment that enables them to continue sharing their stories through their medium of choice, whether it be television, film, music, prose, theatre, the concert hall or perhaps the fastest-growing medium, the online content on the Internet.

I can personally relate to this field, as my oldest daughter is making her way through life as an artist, teaching music, singing opera and producing opera, albeit live at this moment, and living a gig-economy lifestyle.

The last time any major changes were made to the Broadcasting Act was in 1991, over 30 years ago. Given the rapid pace at which technology has been advancing in the past decades, it is undeniable that we have seen major technological changes in that time. Unfortunately, the legislation and regulatory framework have not changed with it. The government and, consequently, the CRTC need to adjust the way Canadian arts, culture and media are treated to match these changes. What we see, however, is the government failing in its attempts to bring the Broadcasting Act into the 21st century by adapting existing policy to reflect the digital reality of our times and failing to help future-proof it for future technologies and challenges yet to come.

Let me be clear: Conservatives support a requirement for major streaming services such as Netflix, Amazon Prime and Disney to reinvest back into the production of Canadian content in both official languages. These requirements would also incentivize these platforms to partner with independent Canadian media producers. What is crucial, however, is that Canadians who upload content to social media platforms continue to enjoy the freedom of speech and the ability to express themselves freely within the confines of the law.

Sadly, Bill C-11, much like its failed predecessor in the previous Parliament, Bill C-10, would give the CRTC unprecedented powers to monitor online audiovisual content. These powers would include the ability to penalize digital content creators and platforms that do not comply with these regulations. These powers would be used and applied to Canadian content at the discretion of the CRTC, based on three criteria: whether it directly or indirectly generates revenue, whether it has in whole or in part been broadcast on a more traditional broadcasting platform, and whether it has been assigned a unique identifier under any international standard system.

As most digital content generates some kind of revenue, and given that most social media platforms have a system by which to provide a unique ID to their content, the CRTC could regulate almost all online content under this bill, including independent Canadian content creators who earn their living on social media platforms like YouTube and Spotify. This represents a major concern about the freedom of speech and the implications of possible government overreach in this bill, just like Bill C-10, in how it could affect Canadians.

Canada is known as being a world leader in many fields. Contributions by Canadians have revolutionized medicine, communications, agriculture, domestic life, entertainment and much more. Experts have testified that this bill would represent an unprecedented move and that Canada would once again become a world leader, but this time in its heavy-handed practice of regulating user-generated content. Not a single other country in the world has taken this approach. This is not an area Canadians should be proud to pioneer.

Instead, what we are seeing is a large number of Canadians, both content creators and consumers, expressing serious and valid concerns with the approach their government is taking to their livelihoods and entertainment, respectively. This attempt by the Liberal government to regulate the Internet and restrict the free speech of Canadians was unacceptable under Bill C-10, and it is equally unacceptable now.

I want to talk about what this bill would not do. This bill would not reduce the regulatory burden faced by Canadian broadcasters, nor would it reduce the cost to Canadian broadcasters. The part II licensing fees in 2019-20 alone amounted to over $116 million. I would rather see that money go into creating new Canadian programming and content than into CRTC coffers.

In the previous version of the bill, Bill C-10, there was an exclusion for user-generated content, which was then excluded at committee. Now, in Bill C-11, the government has reintroduced an exclusion on user-generated content on social media; however, this is written in the most convoluted and bureaucratic of languages. The exclusion to the exclusion is so broad that the government, through the CRTC, could again regulate a large amount of content uploaded to social media.

What concerns me and my colleagues, and we have certainly been hearing about it from our constituents, is the impact this is going to have on our Canadian digital content creators. It is estimated that there are 28,000 full-time jobs in Canada created by content creators who have enough of an audience to monetize their channels through places like YouTube. This type of digital-first Canadian content creation is something we should be supporting instead of hindering.

We have heard from creators across Canada who are concerned that government-approved Canadian content is going to be put ahead of independent Canadian content. More to this, Canadians also want to see Canadians telling Canadian stories, but what is not clear is how the CRTC is going to adjust the criteria to ensure that real Canadian stories are being told.

Our artists deserve an even playing field between large foreign streaming services and Canadian broadcasters, as technology evolves and carries on into the future and as we move further and further into the digital reality and online spaces. We need them to tell our stories, whether through music, movies, television or online content. Without that, part of our history will be lost.

I think we can all agree that the Broadcasting Act needs to be updated to reflect our current technology growth, but the last thing we want is Canada to fall further behind or to pass a law that would detrimentally affect our artists.

We need to support our Canadians artists in all the various forms and mediums they use to tell their stories. Our young talent continues to develop and contribute to our national culture. It is part of our role as elected officials to pave the way for the next generation's success. We should not be passing bills that disrupt the creation of new content. We need to help innovation happen. Innovation happens every day here in Canada through many venues, and we need to enable our creators to benefit from and export our talent around the globe.

Our artists, musicians and creators are deeply invested in the future of the industry and the future of this particular piece of legislation. These creators and artists deserve to be treated fairly and to have the tools they need for success, and they need to be heard at committee; dozens have yet to be heard.

We have been there for Canadian creators, artists and broadcasters by asking the tough questions, both here in this chamber and at committee. We carefully reviewed every aspect of the bill and expected the Liberal government to make the adjustments necessary by adopting amendments that were brought forward to protect Canadians' free speech and the livelihoods of independent content creators.

Proposed section 4.2 and any provision that enables the inclusion of user-generated content need to be removed. There needs to be a clear definition of “discovery”, and there needs to be an update to clearly articulate what Canadian content is. What is the definition of it? Very importantly, the policy directive to the CRTC on how this whole legislation will be implemented needs to be made public.

We have been clear in our position on the bill. We will not be supporting the bill until we are confident that Canadians do not need to be concerned about their rights and freedoms on the Internet. Our concerns have not yet been addressed, and I will not be supporting this motion to ram through Bill C-11 at committee, as the Liberals have done at every stage of the bill.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, this is a tough issue for me, as an individual MP, because I do not like a motion that says we are going to fast-track all amendments, close things down and push something through on this basis, as the government is proposing to do on Bill C-11.

I am honestly still trying to decide how I will vote on the Conservative motion. I would rather we stay in this place and do it right, even if it took sitting into July. I do not know about taking until September. That is what I am struggling with right now. I also know in the previous Parliament, with Bill C-10, and in this Parliament, and I do not want to make this personal in any way, shape or form, but the tactics of the Conservative Party cannot be described as anything other than obstruction for the sake of obstruction.

I would like him to try to tell me what he thinks would happen if the government did not push this through. Would we have a chance to improve this bill and then get it passed?

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Mr. Speaker, I appreciate my colleague from the NDP's intervention. It is always nice and appreciated to give a Canadian shout-out to a Canadian artist. That is appreciated.

On the revenues, as I said in my intervention, we need to make sure that companies such as Netflix, whether of a national or foreign nature doing business in Canada are paying their fair share, and also contributing to Canadian content using the revenues they have and the power they have to generate Canadian content of Canadian stories, creating Canadian jobs and so forth.

The example I laid out concerning The Handmaid's Tale speaks of how broken the idea of Canadian content is. Bill C-11 is not the solution. It does not tackle those problems appropriately, and I think it is going to leave a lot of confusion in the industry about coming into Canada and creating authentic Canadian content and jobs for actors and producers. There is also all the behind the scenes we see from a wide variety of platforms and the media viewing aspect of things. We are to be left behind.

We need better clarity on this. This bill does not do it. Just saying a title and that it is for artists does not actually mean it is going to benefit all those it says it is going to.

[Sherry Romanado, Liberal, Longueuil—Charles-LeMoyne, QC]

Mr. Speaker, my colleague across the way was talking about receiving emails from people who had concerns about the bill. I know that members in the House can say whatever they want in the House and then post it on their Facebook, Twitter and so on. I am curious if the member has had any communications in his householders on Bill C-11 and what he says to members in his community about it that is resulting in people contacting him from across Canada. The previous speaker mentioned that he gets tons of emails from across Canada, as do I, from people not in my riding, about certain legislation.

Does the member opposite feel his party is maybe playing into the fact that they are igniting this fake outrage about this piece of legislation?

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Mr. Speaker, I am pleased to rise tonight once again to speak to the government's proposed Bill C-11. In the last Parliament, it was Bill C-10, and it certainly generated a lot of feedback and frustration from Canadians across the country. We have been witnessing that here again in the last couple of months with this bill in its current form.

I have been receiving a lot of emails and advocacy petitions from constituents, both online creators and those who consume the content. They are concerned about what this bill entails and, frankly, among several things I will get into, what it does not entail. I believe that kicking the can to the CRTC and other organizations is a slippery slope and not a good precedent, based on the precedents that have caused a lot of frustrations to build up over the years.

I want to note that I will be splitting my time with the member for Chatham-Kent—Leamington.

We are debating this motion tonight because of an attempt by the government and its NDP partners to try to jam this legislation through the House of Commons once again. I know there are still numerous witnesses who want to provide their perspectives and voices at the heritage committee and share the legitimate and reasonable concerns they have and the clarifications they wish to see that they are not getting from the government and its partner.

One of the problems we have that is typical of the Liberal-NDP strategy when it comes to legislation, which we are seeing in Bill C-5, the criminal justice reform legislation, is that if members do not support the Liberals and NDP on the bill, it means we do not care about racism. If members want an end to federal mandates and the chaos we are seeing at the borders and airports, it means the members hate vaccines and health care workers. Now, with the Internet censorship bill, Bill C-11, if we do not support their way and their ideas, we hate content creators and arts and culture in this country. It is an either-or, a divisive approach, but it is not surprising. It is one that we see more and more.

I will repeat what I said in the last Parliament because Bill C-11, as we have it, is very similar to what we saw in Bill C-10, and a lot of the concerns we had last time are not addressed or clarified in the bill in its current form.

Let me start with a positive in terms of agreement in Parliament. The Broadcasting Act was created in 1991. I do not remember it. I was about five years old at the time. Boyz II Men, Paula Abdul and Bryan Adams had some hits then, but since that original piece of legislation, a lot has changed in how Canadians create content and get it out there as well as in how they consume it.

We have the Internet, social media platforms, YouTube, Spotify, TikTok and so forth. There is an agreement that we need to have a level playing field with these large conglomerates of a foreign nature and how they do business in this country. At the same time, we also need to make sure that we protect the individual freedoms and rights of individual content creators, like those on YouTube who have been able to explode in not only the Canadian market but also the international market with the evolution of the Internet and social media platforms.

There are serious flaws, and I have a perfect example. My colleague from Perth—Wellington, the shadow minister for Canadian heritage, raised this as a perfect example today. We all want to make sure Canadian content is created and is fairly represented on Netflix, Hulu, Crave and all the different platforms. He alluded in the chamber today to this bill not creating the specific measures to clarify some of the red tape about what is Canadian content. A perfect example that was illustrated was The Handmaid's Tale. I do not agree with Margaret Atwood and a lot of her politics, but I will admire her and give her respect as an artist and an author and for what she has done over her incredible career. A proud Canadian she is.

The Handmaid's Tale, a blockbuster TV series, was filmed in part in the greater Toronto and Hamilton area. One would think Margaret Atwood and filming in the province of Ontario, the GTA, would classify as Canadian content. It does not. That speaks to the need to define this content better, to set better parameters and better definitions when it comes to this. Sadly, the bill would not do that. One would think it would when we talk about the modernization that we face.

I want to specify my concerns during my time. This comes perhaps from my background before being in the House, as a mayor at the municipal level, and perhaps it is a bit affected by my experience in the past few months on the public accounts committee, which reviews Auditor General reports on programs and efficiencies and how they run.

I want to reiterate my concern with regard to the vague definitions particularly around user-generated digital content, claiming there is an exemption, but section 4.2 is there. The government says not to worry about it. The CRTC says not to worry about it. I do not think Canadians have a lot of faith in that approach to what we have.

The CRTC is a public entity, but considers itself very independent. I have a lot of frustrations with the organization that I will not get into tonight when it comes to providing Internet service to rural and remote communities. That is a speech for another night.

Particularly, what is happening is that the government's legislation is extremely vague. Conservatives have been standing up in committee and in the House, not just in this Parliament but also in the last Parliament, and I have foreseen and I am foreshadowing what I know is to come. We see it over and over again. The government says, “That is not our intention. Do not worry.” The legislation would pass and then it would go to the CRTC, after which, at some point down the road after the bill is passed, after it has come into law and been enacted, suddenly we would see algorithms or we would see content. At that point, the CRTC would say, “We are independent. There is nothing you can do. This is the law that was passed and this is the way it is interpreting it.”

The minister has tried to claim that user-generated digital content and YouTube creators, TikTok creators and Canadians who have been able to burst onto the scene, not just in this country but internationally, are free from having their content regulated. They say that they have no interest in looking at that.

If that is the case, the government should be going for what we have been advocating for: it should specifically rule it out and make it black and white. It should make it very clear so that there is not a little door poked open for the CRTC, when it is batted over there to look after, all of a sudden to decide that, in the public interest, it is going to be doing this.

This is the time for Parliament, for Conservatives, for us to stand and be on the record to say that there are amendments. There are a lot of things that need to change, but there are specific amendments at least on that. I believe that just speaks to the rushed attempt that we are seeing from the government. It speaks to the secrecy of what it is trying to do. It is trying to pass the buck over to an independent organization, one that is overly powerful in my personal view, to interpret these laws, at which point the government can later say that it was its goal but secretly it was not the government's problem but somebody else's.

It is government creep at its worst. We have seen it before. We see it at the public accounts committee, in terms of leaving it to bureaucratic organizations to organize, and the success of that.

In my time remaining tonight, I want to acknowledge some of the comments made by a Canadian YouTube creator who spoke at the Canadian heritage committee a few weeks ago, J.J. McCullough. I go back to what we could agree on: Modernization is needed for the Broadcasting Act to make sure that large companies such as Netflix pay their fair share and also create Canadian content for us to have as Canadians. J.J. McCullough noted the following, which really hit home when I heard his testimony:

The tremendous success and even worldwide fame of many Canadian YouTubers in the absence of government regulation should invite questions about the necessity of Bill C-11. An unregulated YouTube has been a 17-year experiment, and the result has been an explosion of popular Canadian content produced by Canadians of every imaginable demographic....it is important to understand that it is simply impossible to regulate a platform like YouTube without also regulating creator content.

We have seen more Canadians become known. We have seen more Canadians make a living on these platforms. What the government is proposing is not that if one does not support this, one does not care about Canadian artists. We are standing up for individual content creators to say that platforms like these have given them the opportunity to make a living, to get known and to get Canadian brands, Canadian stories, Canadian music or other things we could name out there.

Our colleagues will stand up for those individual creators in making sure that we get the government to better define the very slippery slope it is on, not just with Bill C-10 in the last parliament. It is repeating the same mistake with Bill C-11.