Bill C-11

Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Bill C-11—Time Allocation Motion

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, the Bloc Québécois does not support closure motions. We believe that democracy must take precedence over all else.

However, we must deplore the fact that the official opposition does not recognize that the current Bill C‑11 is much better crafted than the former Bill C‑10 and that it could continue to be improved in committee.

Quebec and Canadian artists have been waiting for decades for something to change. The Internet has changed everything. It seems to me that the time has come to pass this bill.

Does the hon. member not deplore the use of closure? It seems to us that the legislative agenda from now until the end of June is not that heavy and that we would have time to continue the debate.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, the hon. member is absolutely right. A lot of changes have been made to the new Bill C-11, which is before us today. That is important because, during the last election campaign, we heard a lot of opinions on this issue and on the need to support the cultural sector.

I have to thank the Bloc Québécois, whose members were behind many of the ideas for increasing support for the cultural sector and improving the bill in general.

I reiterate that members are going to have many opportunities to talk about the bill, improve it and amend it in upcoming stages, first at committee and then when it comes back here to the House. There will be plenty of time. This debate is just to move the bill forward to the next stage.

[Stephen Ellis, Conservative, Cumberland—Colchester, NS]

Madam Speaker, there is some confusion here in the House.

One thing that is really fascinating from the opposite side is that the Liberals are trying to create legislation for what they are listening to on their Walkmans or Discmans. These are things that people do not use anymore, and the Liberals are trying to create this legislation for things that people do not do anymore. They are using an archaic method, the CRTC, which is nonsensical, in the opinion of many Canadians. When we look at it, there is a new way. It is called “the Internet”. This is how people are now getting their information. They are watching movies on it. No doubt, they are listening to music on it. To think that we need to adopt this “Liberal government knows best” style of government to continue to indoctrinate people in Canada is really beyond what anyone could possibly imagine.

I think the other part, when we begin to think about time allocation on this, is that approximately one-third of Canadians are under the age of 24, so they would probably be the highest users of this information. From this side of the House, we think it is exceedingly important that we give those approximately 10 million to 15 million people their due diligence and understanding of what the government is attempting to make them do.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, of course, the last time this legislation was updated, the technology the member is referencing was the technology that was prevalent, and the reality for how the technology is utilized now is very different. People are consuming media that is coming from online streaming sites and online streaming services that are not subject to the same rules that traditional media have been subject to.

I know the Conservatives traditionally have not supported Canadian artists and the idea that broadcasters have a responsibility to use some of their profits to support Canadian artists and to promote Canadian artists in what they put on, whether it is on the radio or on television. I suppose they are continuing their battle to block—

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member for Regina—Lewvan is rising on a point of order.

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Madam Speaker, I would really appreciate it if the House leader would stick to the facts and not spread misinformation. If he actually has proof that the Conservatives—

[The Assistant Deputy Speaker, Carol Hughes]

This is debate.

The hon. government House leader.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, I appreciate the member's anxiousness to participate in the debate, but I will say very clearly that the Conservatives talk about defunding the CBC and about not supporting Canadian content, including in this specific case. Does the member across, who is arguing against support for this bill, not believe that Disney or Netflix, which profit here, should be promoting Canadian content? Does he not believe they should be giving dollars back to Canadian producers of culture and content? It is a battle they fought for a long time—

[The Assistant Deputy Speaker, Carol Hughes]

We have a lot of individuals wanting to ask questions.

The hon. member for Courtenay—Alberni.

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

Madam Speaker, maybe my colleague, the government House leader, could speak about the sense of urgency. Cultural workers and artists suffered the most under the pandemic. Many of them could not operate at all for two years, and many of them could not even access the programs that were offered to them. When people have zero revenue coming in, the wage subsidy does not help them, nor the rent assistance program. The sense of urgency is real.

In the meantime, the big web giants had record profits. They took all the gas out. There was a massive economic leakage happening in our country. Maybe the House leader could talk about how critical it is that we plug the economic leakage to the big web giants and that we get to this work rapidly and quickly and get this to committee.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, the reality is that, as we have seen a shift in the way we consume entertainment and media, there has not been a similar shift to apply the same rules that apply to traditional media to new media.

The member is absolutely right. We saw during the pandemic that the artists who perform in local venues and enrich our local communities got hit incredibly hard; they were not able to participate during the pandemic. At the same time, the streaming giants enjoyed record profits and record participation.

This bill would continue a long tradition in Canada of saying that if people profit from the entertainment industry in this country and profit from the cultural sector, they have an obligation to pay back into it and help build it up. As I look at cities and communities across the country, and I look at the quality and depth of the culture that is there, I would say it is there, in no small part, because of that rule, because of the obligation we put that if people profit from that sector, they have to invest back in it. I would say that it is not only our local communities and artists that have benefited from it, but I think the world has valued the Canadian voice in culture and heritage.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, what we continue to hear again and again from across the aisle is that there is an agenda that needs to be followed, and therefore there needs to be this push for Bill C-11 to be brought through the House of Commons without proper debate.

That is wrong. That is absolutely anti-democratic. There are 338 elected individuals who were sent to this place to rigorously debate issues. That is our responsibility, and that responsibility is being taken from us right now. That is not just shameful for those who are in this House; it is actually shameful because of what it does to Canadians.

I represent 125,000 people from the riding of Lethbridge. You just squashed their voices.

[The Assistant Deputy Speaker, Carol Hughes]

I remind members not to address questions and comments directly to the Chair.

I will allow the hon. House leader to answer.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, I want to make two points. The first is on this bill, which is that there is absolutely an agenda. The agenda is to say that those who make money from the cultural sector in this country have an obligation to invest back into it. That has been the tradition in this country. It just has not been updated to reflect the new media so that our content creators and the community that suffered during the pandemic can be supported and Canadian art and culture can be expanded.

With respect to democracy, let us be very clear. I was there in opposition when the Conservatives created a 200-page handbook on how to control, like puppeteers, committees, how to shut them down and how to run them through their parliamentary secretaries. I was here in this House day in, day out as we saw incredible command and control of everything that happened in this place.

It is rich beyond measure to compare that to this. There is more than enough opportunity to go from here, to have further debate at committee and for it to return to the House.

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Madam Speaker, here is one last little plea on my part. I am always appalled to see how the government ignores the reality of our artists, artisans, content creators and those who revitalize culture in our world, our beautiful world.

Today, we are spending more time debating whether we should take even more time to debate something that already existed and is now back on the table.

In the previous Parliament, we had Bill C-10. Now it is back on the table as Bill C-11. It has been reworked and improved. The Bloc Québécois put a lot of effort into that, and the sector is happy, but here we still are, talking about the time allocated for debate.

I am rather appalled. I would like the House leader to comment on the urgent need to take action on behalf of these people who are losing money—