Online Streaming Act

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is now 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.

Similar bills

C-10 (43rd Parliament, 2nd session) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)
C-11 (2013) Priority Hiring for Injured Veterans Act

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-11, the Online Streaming Act, aims to modernize Canada's broadcasting regulations by including online streaming services. It seeks to ensure that these platforms contribute to Canadian content creation and cultural sovereignty, similar to traditional broadcasters, while respecting the rights and freedoms of Canadians. The bill intends to level the playing field for Canadian artists and broadcasters by requiring online streaming platforms to support Canadian content.

Liberal

  • Online streamers' contribution: Bill C-11 would update Canada's broadcasting rules to include online streaming services and would require them to contribute to Canadian culture. Traditional broadcasters have been investing for decades, so it is only fair that online broadcasters contribute as well.
  • Fairness and competition: The bill aims to make the Internet a fairer, more inclusive, safer, and more competitive place for Canadians. The goal is to ensure that anyone who makes money from the broadcasting system contributes to it.
  • Cultural sovereignty: The bill seeks to strengthen and protect Canada's cultural sovereignty and identity. It intends to ensure that future generations have the chance to watch Canadian stories and listen to Canadian songs.
  • Users and social media: The bill would not regulate everyday use of social media by Canadians, digital-first creators, or influencers. It would only impose new responsibilities on online streaming companies themselves, not on individual users.
  • Equity and diversity: The bill seeks to support greater diversity, authentic representation, and narrative sovereignty for Indigenous peoples in Canada. It also aims to affirm the important place that Indigenous peoples have within the broadcasting sector.
  • Modernizing legislation: Given the rapid changes in the digital landscape, the bill updates outdated legislation to reflect today's digital reality. The government sees this as a necessary step to protect Canadian culture, jobs, and creators.
  • Accessibility: The bill will strengthen provisions of the Broadcasting Act to make the Canadian broadcasting system more accessible and inclusive for those living with disabilities. The CRTC will have the power to impose accessibility requirements on both traditional and online broadcasters.

Conservative

  • Against C-11's overreach: The Conservative party is against C-11 and its predecessor due to government overreach, believing that the CRTC would have too much power in regulating user-generated content, and the unclear scope of the bill.
  • Concerns for free speech: Members are worried about the regulation of speech on the Internet, specifically regarding user-generated content. Proposed sections 4.1 and 4.2 are described as a "legal pretzel" allowing censorship of individual's content if it generates revenue.
  • Harm digital-first creators: The Conservatives express concern that Bill C-11 will harm digital-first creators, and point out that these creators are already successful and export content, hire workers, and pay taxes without government intervention.
  • CRTC power too broad: Members state the bill gives the CRTC too much power without clear policy direction. The Conservatives are concerned about content prioritization through discoverability, and the lack of a clear definition of Canadian content.
  • Levelling the playing field: The Conservative Party supports creating a level playing field between large foreign streaming services and Canadian broadcasters. The bill does not seem to address how money will reach creators, what will be defined as Canadian content, and if the cost will harm streaming services, especially multicultural ones.

NDP

  • Support for bill C-11: The NDP supports the bill, as they did the previous version, C-10, because it aims to create fairness in financial contributions to support Canada's cultural sector, artists, creators, and productions.
  • Fairness for artists: The NDP seeks equal treatment by ensuring that those who do not currently contribute to funding Quebec and Canadian cultural production do so, bringing them in line with those who already contribute, and addressing the long outstanding need to bring Canada's laws up to standard in dealing with the tech giants.
  • Addressing web giants: The NDP urges the federal government to demand that web giants like Google, Apple, and Facebook pay their fair share of taxes and contribute to supporting the cultural sector.
  • Discoverability of content: The NDP emphasizes the importance of ensuring that Canadian content is easily discoverable by consumers, questioning how the government will verify the effectiveness of discoverability mechanisms without intervening in the algorithms of social media platforms.

Bloc

  • Support for Bill C-11: The Bloc supports Bill C-11 as a step towards modernizing broadcasting regulations and ensuring web giants contribute their fair share to Canadian content and taxes, but stresses the need to amend and strengthen it. They believe that creating a separate digital agency would be appropriate.
  • Protecting Quebec culture: Members emphasize the importance of protecting Quebec culture, a minority culture in North America, from the negative impacts of globalization and technological changes, highlighting its unique vocabulary, traditions, and artistic expressions. They believe that without this protection, Quebec culture will fade away and be lost to future generations.
  • Need for digital regulation: The Bloc stresses the urgent need to regulate web giants and ensure they contribute to the creation and discoverability of Canadian and Quebec content, arguing that current legislation is outdated and allows these companies to operate without fair obligations. They advocate for harmonizing regulations with international standards to create a level playing field.
  • Supporting content creators: Members advocate for supporting Canadian and Quebec content creators and cultural industries, emphasizing that culture is an investment, not an expense, and that artists deserve to earn a living through their passions. They highlight the importance of culture in conveying national identity and dispelling clichés and of supporting regional media outlets.

Green

  • Sympathetic to bill's goals: The member is sympathetic to the bill's goals, noting that amendments to the Broadcasting Act will not impede freedom of expression. She expresses concerns shared by other members and the need for further refinement.
  • Community element needs work: The member emphasizes the need to fix the definition of the 'community element' within the bill, specifically ensuring that community broadcasting is understood as fully community-run, and will work in committee to amend the bill.
  • Concerns about CRTC's authority: The member expresses concerns regarding the potential overreach of the CRTC's authority, noting its power as an administrative body and the importance of carefully defining its role through legislation to protect Canadian content and culture.
  • Regulate the system, not speech: The member advocates for a social media approach that focuses on regulating the systems of social media enterprises, ensuring transparency and accountability, rather than attempting to regulate individual speech or punish transgressions.
Was this summary helpful and accurate?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:25 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

I am sure he will appreciate the precision.

Questions and comments, the hon. member for Vancouver Kingsway.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:25 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, in the House, we all share the idea that we want to make sure Canadian content is protected in this country. We want to make sure that Canada's linguistic duality is supported. We want to make sure that the big Internet companies pay their fair share and that they are regulated properly.

The member must have heard from constituents who are concerned that the attempt to regulate the Internet may negatively impact people's ability to freely access the Internet and post what they want. I am curious about what the feeling in Quebec is and whether or not her constituents are expressing that concern.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:25 p.m.

Bloc

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

Madam Speaker, what my colleagues in the creative community are more concerned about right now is finding their place within this great technological system. It is our job here to do that.

They are worried about losing access to these royalties and rights, some of which belong to creators and are rightfully theirs. Royalties are a right; they are sacred. What we are trying to do in Parliament is to ensure that content creation is profitable.

I do not know if that answers the question. My concern, shared by the creators I know in the community, is really that there should be a return on their creations.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.

Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I would like to begin by congratulating my colleague on her wonderful speech.

The Bloc Québécois supports Bill C-11. The Broadcasting Act has not been updated since 1991, and that is more than 30 years ago. Obviously, broadcasting on the various platforms has constantly evolved in that 30-plus years.

I would like my colleague to tell me about the importance of francophone content in this bill.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.

Bloc

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

Madam Speaker, I would like to thank my colleague for his comment. That is exactly what matters most to me, francophone content.

Had it not been for the Bloc Québécois taking part in the Standing Committee on Canadian Heritage when Bill C-10 and Bill C-11 were being studied, the discoverability of francophone content—its presence, and the obligation to promote it, to recognize it, and to showcase it—would not have been nearly as significant as it is now.

We are satisfied with discoverability now. That was a demand from the sector that we responded to and discussed. My colleague from Drummond did the same for Bill C-11. We are satisfied, and we hope that the sector is as well. I think it is, because we are making sure its voice is heard.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.

Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Madam Speaker, it is an honour once again to rise in the House to talk about Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts. As a former journalist and broadcaster, this bill is close to my heart.

I followed the previous version of this bill as a journalist before I was elected, and I find it very fitting that I now have this new opportunity to contribute to this timely and important legislative measure.

It has been a while since I was lucky enough to give my first speech in the House as a newly elected member of Parliament, but I would like to revisit something I mentioned in my maiden speech. For more than 20 years, I worked on the ground as a journalist, covering local news and community stories. I experienced first-hand how local news impacts people and how individuals rely on updates to stay informed about their communities.

I worked as a journalist in Honduras while doing volunteer work. During journalism school, I worked at the Edmonton Journal for a summer. I was hired at The Hamilton Spectator after finishing my degree and was then lured over to the broadcast side by the astute and enterprising producers at CHCH News. I then spent another 20 years as a daily broadcast journalist. I heard regularly from viewers, and still do, who were thankful for my work in connecting them with their community and informing them of important issues in their city.

This wealth and breadth of experience gives me a unique perspective on how this legislation will directly impact Canadians and how badly this new law is needed in our country.

I am happy to rise again as this bill has made its way to second reading. I am here to remind the constituents of Hamilton Mountain that I remain a steadfast voice for the value of local news in the city of Hamilton and in communities across this country. Local news ensures that we remain connected, that we continue to engage in important conversations and that we are informed about what is happening in our own communities. Local journalism is a pillar of democracy, and local news outlets are struggling to remain open because web giants offer cheap solutions without the burden of paying for content. It is time that changed.

We have been working hard to ensure that web giants pay their fair share, to level the playing field and to protect Canadian culture, creativity and storytelling. Since I last spoke to the online streaming act back in March, I have continued to receive incredible support from my constituents about the passage of the bill. I have also held meetings with stakeholders who, like me, want to see this bill passed as soon as possible.

Although my area of expertise is in news and broadcasting, I have met with a variety of different groups, such as actors, directors, musicians, radio hosts, writers, producers, broadcasters and many more, about how the unfair advantage of foreign platforms must be addressed to ensure that our Canadian artists, creators and stories continue to not only thrive but shine.

We know where we need to begin. Our system needs to be fair and equitable. There needs to be just one set of rules for Canadian broadcasters and for streaming platforms at all times. I have said it before, and I will say it again: Anyone who profits from the system must contribute to it.

Having a fair playing field in place for all players will help ensure that online streamers contribute, help showcase and encourage the creation of Canadian culture. Our local media organizations and stakeholders will lose if this bill does not pass. It is so important that we all work together to see this come to fruition, because this act has not been updated since 1991. Let me say that again: 1991. We know it is time to get this done.

It is hard to even remember back to 1991 before the ease and availability of the Internet. I did not have a cellphone back then. I carried a pocketful of quarters if I needed to make a phone call at the phone booth. If I needed to do research, I went to the library and found the appropriate microfiche.

The landscape has obviously changed significantly since then. We have evolved in how we access music, TV and news. It has all changed. Therefore, our legislation needs to evolve along with the world around us. If foreign streamers are making money off Canadian content and local media outlets continue to lose money to them, we risk a total collapse of journalism in Canada. We need to do what we can now to protect, encourage and promote the immense talent that we have here in our country.

These measures will apply to broadcasters and platforms like YouTube, Netflix and others, not to users or creators.

Canadian stories, Canadian content, Canadian artists, Canadian creators, Canadian companies and local news are all at the heart of this legislation. We are so proud of our Canadian talent and we want to showcase it. We need to support our own industries, to tell our own stories and support our own creators. Bringing everyone into the same ecosystem and having everyone contribute to this ecosystem just makes sense, and that is what we will do with Bill C-11. By requiring online streamers to contribute to the production of Canadian content, it will ensure that more of our artists are showcased. Prioritizing our own creators, including from francophone, indigenous, gender-diverse, racialized and other equity-seeking backgrounds.

The online streaming act will allow for equitable and flexible contributions from online streamers while continuing to promote discoverability. I have heard from a number of stakeholders that it is imperative we continue to do our best to ensure that Canadians can find Canadian content on any platform. We know our productions and content are great. I do not think I need to tell my colleagues about how incredibly talented our Canadian artists are, but we also need to think a bit deeper about behind the scenes, the work that goes into every song, every movie, every TV show, every piece of content that we see, hear and experience. There are writers, producers, broadcasters and all of the magic that happens behind the curtain. We cannot risk even the thought of the collapse of any of these sectors just because streaming platforms like YouTube or Amazon Prime do not have the same requirements as Canadian companies.

I would like to come back to the broadcasters who are affected here.

Canadians rely heavily on Canadian news. It is woven deeply into the fabric of our communities. We saw with the COVID-19 pandemic how our local news stations provided updates on case counts in clinics. We see it today with flood warnings and weather updates, keeping citizens safe and informed of potentially life-saving situations.

I know that at CHCH news during the pandemic viewership increased dramatically. People needed to know what was going on. They needed to connect with their community and get important health and safety information. They tuned in to their trusted news and they have continued to turn on the TV. That said, the broadcasting landscape has changed significantly over the past few decades, as I have already mentioned, with bigger players in the game dramatically affecting our Canadian news market. We need to ensure that our broadcasters can keep up and that they are protected. The rules are outdated and in order to ensure fairness, this bill needs to pass now so we can better support our Canadian broadcasting sector.

I will once again make my pitch to the hon. members of this House to support this bill, please, which, in turn, will support our hard-working broadcasting and creative sectors. We need to make these changes now in order to protect our industries and to set the stage for all the great talent we will be lucky enough to see in the years to come.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

The hon. member made a number of points in her speech. One of the points, as I understood it, and these are my words, is that media is at the heart of democracy. Debate is also at the heart of democracy. What did the hon. member's party do, with the help of the NDP, the party that used to stand up for debate, that used to stand against closure of debate? It has closed debate.

How is it that the member reconciles closing debate on an issue that, in her own words and her own argument, is so vital and important to Canadians?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Mr. Speaker, as far as I am aware, this is a debate. This is the second time I have been up to debate this bill. I believe our members have spoken more on this bill than anyone else in this House. I do believe it is really important to debate this bill.

Let us get it right. Let us get it passed. Let us talk about it until midnight.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, the member tried to take us back to 1991. I seem to remember getting my first email address sometime around then.

The Liberal government has been in power since 2015, so let us go back to there. Since then, Facebook, YouTube and Netflix still have not paid their fair share of taxes. I am just wondering if the member could explain why the government has dragged its feet on this. How much have these web giants avoided in taxes since 2015 because of the delay in the digital services tax?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Mr. Speaker, I do not believe the government has been trying to hold up the legislation. I believe we are trying to get it passed as quickly and as efficiently as we can.

I believe, although I am a fairly new member, that it has been more the opposition blocking the legislation from passing than anything that the government has done.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, my hon. colleague, like me, is a recovering broadcaster. There is more than one of us in the House.

Could she recall the heavy hand of the CRTC? In some of my comments earlier this evening, I said that the CRTC demonstrates a pretty light touch when it comes to regulating content, which would be far more direct and focused on conventional broadcasters and not at all on the content online. Could the member recall the CRTC really playing the heavy-handed bad guy in her days in television?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

The Deputy Speaker Chris d'Entremont

I can also say, as a recovering broadcaster, the hon. member for Hamilton Mountain.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Mr. Speaker, thank you from the recovering broadcaster caucus.

I would say that I cannot come up with any specific examples of the CRTC being especially heavy-handed. I would rather the CRTC be helping ensure fairness in this country than leaving it to Facebook.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, the member spoke about discoverability. This is one of those things that is being left to the CRTC to implement based on a policy directive that the government would send after the bill is passed.

Has the member spoke to the Minister of Canadian Heritage? How would he direct the CRTC to implement discoverability through Bill C-11?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:45 p.m.

Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Mr. Speaker, of course I have spoken with the hon. Minister of Canadian Heritage, but I do not have any further information. I would have to get the minister himself to answer that question.