The House is on summer break, scheduled to return Sept. 15

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

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

June 13th, 2022 / 7:05 p.m.


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Conservative

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Mr. Speaker, I joined the ranks of journalism, as well. I know it well and went on to be an online content creator and know what it can do. I am sorry I am not speaking in French. I am working on that.

I am actually really curious, because my office has received hundreds of emails opposed to Bill C-11 from very concerned people. Has his office also received the same concerns, and how does he respond to his constituents?

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

June 13th, 2022 / 7:05 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, we both started our careers in radio, but I have to say that I started a few years before you. I know that is somewhat hard to believe.

I would like to congratulate my colleague on the progress he is making in learning French. Last year, it was much more difficult for him to speak French. He just asked me a question entirely in French and I congratulate him.

It is not a secret. We talk about it often in the House. French in general is at risk and in decline, and it must be protected. It is true for the French language in everyday life, but it applies even more so to francophone culture. We are a francophone island in the sea of North America, and we are being invaded by American culture. We must protect francophone culture as best we can, especially Quebec culture, but francophone culture across Canada also. With bills such as Bill C‑11, we can make this difference and this distinction by protecting our culture.

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

June 13th, 2022 / 6:55 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I sincerely thank the member for Avalon for sharing his time with me today.

Allow me to make a quick digression to talk about my family. I just returned to Parliament Hill after waging my own battle with this nasty virus that has been talked about so much over the past two and a half years. I am fine now. We fought it off as a family. I want to thank my partner, Caroline, who is recovering as well, her daughter Alexandrine and my daughter Lily Rose. The girls and I are warriors, and we are fine now.

I am happy to be back, but not so happy to be debating Bill C‑11, or more specifically, Motion No. 16, which is preventing us from talking more about Bill C‑11. There are both pros and cons here.

It is never feels good to forgo our duty and privilege as parliamentarians to debate bills as much as necessary before voting for or against. The debate needs to stop at some point, however.

One day I will be able to say that I was there in 2022. I was also there in 1991. Some might think I am not old enough for that, because I do not look my age, but I was working as a radio host in 1991 when the Broadcasting Act was modernized. At the time, I have to say that we had the same concerns, fears and criticisms that are being expressed today about what we are trying to add to the act through Bill C‑11.

We heard criticisms about what is now being called discoverability, but used to be called quotas, those infamous quotas of Canadian content, those French-language music quotas for the radio.

I can say that in 1991, radio stations had quotas to meet, and it was a source of frustration for me and most of my fellow radio hosts at the time because it took a real effort. We could not get away with just playing the big hits from the U.S. anymore. We had to make the effort to discover content that we knew nothing about, since French-language music and Quebec artists were nearly impossible to find at the time.

The same was true for Manitoban artists, with the exception of Daniel Lavoie, who was one of the French-Canadian artists who was doing well at the time. Fortunately, there was a place for him on the radio waves. Discovering the others, however, required showing curiosity, going to the record shop, then listening to albums and deciding to try something that people generally had not heard on the radio.

Those quotas allowed us to offer our artists something they would not otherwise have had: a showcase on Quebec radio. As a result, this music has gained popularity over the years, and now it is being increasingly played and increasingly requested on the radio. Thanks to that, Quebec has now a French-language music industry driven by francophone artists and a thriving music industry in general, independently of language, because the market has been well protected and has fostered homegrown content.

Therefore, it is not true that the concept of discoverability that we are attempting to impose on today's various broadcasters, primarily those online, is bad or evil, nor is it an infringement on the freedom of choice and freedom of expression of music consumers in Canada and Quebec.

The future will confirm what I am saying now, because it has been proven time and time again in Quebec. There is a good reason why there is such massive support for this bill in Quebec. Clearly, what we are trying to include in the bill is well-thought-out and positive.

I was around in 1991, and I was still around 2021, when the bill was called C‑10. Earlier, I heard a member say that the only difference between last year's bill and this one was the “1” in the title. One thing I know for sure is that, when Bill C‑10 was introduced on November 3, 2020, it was like a big, blank paint-by-numbers document. All the real work had yet to be done.

Some 130 amendments to this bill were put forward. The Bloc Québécois suggested some extremely important amendments that were debated and adopted so as to include discoverability of not only Canadian, but also Quebec, francophone and indigenous language content. For Bill C‑10, we had to reintroduce the concept of Canadian ownership to prevent our own homegrown undertakings from being swallowed up by giants for what to them is pocket change.

We added all kinds of things to Bill C‑10, and those things are in Bill C‑11. The fact is, the bill we are debating this year—or, rather, will be debating for a short time this year—is not the same as the one we debated last year. There is still room for improvement. We may run out of time for that, but I will still urge my committee colleagues to do the right thing and work efficiently and collaboratively. That may be wishful thinking.

The Conservatives want to hear from more witnesses. That was one of the arguments they used to hold up the process during the committee's recent work on Bill C‑11, yet they were the ones who proposed limiting our time with witnesses to 20 hours. I remember because I was there. We agreed to that proposal.

During those 20 hours, they could have invited the witnesses they say they did not have time to invite, like APTN, which is an extremely relevant witness and one of the first witnesses we should have heard from, but no. Our colleagues in the Conservative Party decided to invite YouTubers, TikTokers, creators of digital content. This is their choice and their legitimate right. Still, did they really need to invite the 160,000 creators who make YouTube videos in Canada? I think we got the message. We could have moved on to more relevant witnesses.

However, I am somewhat responsible for what happened. Since we had already heard from many witnesses and met with dozens and dozens of organizations since the beginning of this great adventure dealing with the broadcasting bill, I myself convinced a bunch of organizations not to testify, telling them that we would be able to study the bill faster clause by clause, and saying that we knew what they wanted and that we would represent them properly. I apologize to my Conservative colleagues, because I am perhaps somewhat responsible for the fact that we did not consider it essential to receive witnesses for hours and hours, as they would have liked.

It is important that this bill pass. I would really have preferred for it to pass in a more democratic manner, and for us to have a healthy debate on it. That did not happen in committee. However, it is important that it pass, and it needs to be flexible so that it can be adapted to new technologies. Soon online platforms will have the final say on what music and content we consume in our cars. Who knows where will be next. However, the CRTC must be given the opportunity to set out the rules and regulate this industry that is so dear to us, and it is up to us to do just that.

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

June 13th, 2022 / 6:50 p.m.


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Bloc

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

Mr. Speaker, I thank my colleague from Avalon, for whom I have tremendous respect. We are both members of the Standing Committee on Fisheries and Oceans. We all appreciate his work as chair, so I would like to take this opportunity to thank him. I also want to thank him for his speech. I was very happy to hear him talk about independent producers, who are literally the driving force behind the cultural economy in Canada and Quebec.

I would like my colleague to tell us about the work that committee members, specifically my colleague from Drummond, have done on the discoverability of French-language content. Can he comment on why it was important to protect French-language content in Bill C‑10 and, of course, in Bill C‑11?

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

June 13th, 2022 / 6:40 p.m.


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Liberal

Ken McDonald Liberal Avalon, NL

Mr. Speaker, I will be sharing my time with the member for Drummond.

The government is committed to implementing a digital and cultural policy agenda that will serve Canadians' interests not just today but well into the future. It will support our cultural and artistic ecosystems, including our many talented creative sector workers. This is urgently needed.

Today, I am pleased to speak to the important elements of the online streaming act. First, I will have the pleasure of talking about Canadian independent producers and the important role they play. Second, I want to talk about the importance of ensuring that Canadians can find and access Canadian stories and music.

Delaying Bill C-11 would do harm to our production industry. It would leave the creative ecosystem in a very uncertain and difficult place, without support and predictable funding for Canadian programs. Ultimately, the online streaming act aims to foster an environment where Canadian music and stories can thrive and be discovered. The time to act is now. There is a lot at stake.

However, just like last time, the Conservatives have proven that they have no interest in making our broadcasting system fairer by levelling the playing field between tech giants and Canadian broadcasters. They have decided to use every tactic in their tool box to delay and block our study on Bill C-11. It is disappointing but not surprising. On this side of the House, we are committed to supporting the incredible creators across our country, telling stories that reflect our diverse experiences and building cultural bridges that bring us together.

Turning an idea into a cultural product is no simple task. From coast to coast to coast, our creatives have undeniable talent and an unparalleled work ethic. Canada's independent producers are an example of this.

A Canadian independent producer is a Canadian person or entity, usually a corporation, that creates an audiovisual media project that is not owned or controlled by the broadcaster or distributor. In other words, independent producers make movies, TV shows and documentaries that are not subject to creative control by a TV channel, network, streaming service or cable company. They are crucial to creative risk-taking, authentic storytelling and diverse representation in our audiovisual sector.

In film and television, independent productions cover a wide range of formats and genres, from art house films to popular animated kids shows and everything in between. Popular independent programs include comedies like Letterkenny, French-language originals like M'entends-tu? and science fiction like Orphan Black. There are also many acclaimed indie films, such as Ruba Nadda's Cairo Time and Kim Nguyen's French-language film War Witch. These are only a few examples of the range of quality programming that our independent producers create.

To successfully realize a project, independent producers do many things. They invest in development, make pitches, secure financing, hire creative and technical teams, scout locations and navigate complex trade, tax and labour arrangements to make projects happen. Not surprisingly, Canadian independent producers often work closely with Canadian musicians for scores and soundtracks.

There are over 600 independent production companies in Canada, most of them small and surviving project to project. Canadian independent film and television accounted for $2.9 billion in production volume and more than 81,000 jobs in 2019-20. Many of these independent production companies are undercapitalized and often face difficulty obtaining project financing. In Canada, once a finished project is in hand and all the rights for its creative elements are clear, the producers then make money. However, it is a risky business with a lot of upfront costs.

While we may recognize Toronto landmarks in the background of an episode of Suits or even in the foreground of Pixar's Turning Red, these are American productions. They work with Canadian talent below the line: the “best boys”, “grips” and “gaffers” listed in movie credits. They work with our visual effects, post-production and virtual production studios, such as Stoic in Vancouver, Deluxe in Toronto and MELS in Montreal. They are valuable, without a doubt.

Canadian productions, and specifically independent Canadian productions, are important for ensuring that cultural industry investments touch down and take root in the places where our stories come from. For example, the long-running Canadian television series Heartland is set in Alberta. It is produced by Calgary-based Seven24 Films and Dynamo Films and has a big local economic impact. For just one season of Heartland, they spent over $28 million on production, saw each dollar of federal tax incentive produce more than $11 in GDP and hired more than 1,400 vendors across Alberta.

Independent Canadian productions also tell untold stories and develop diverse programming. Consider Indian Horse, a film adaptation of Richard Wagamese's novel about a talented Ojibwa hockey player who survives the racism and residential schools of his time. Its independent producers were committed to engaging with local indigenous communities, providing jobs and working with elders to ensure respect for cultural protocols.

Diversity is one of Canada's greatest strengths. Without independent producers taking risks, we would never have films such as Water in Hindi and Edge of the Knife in the endangered Haida language. In children's and family programming, Canadian independent producers are innovators. The Kratt brothers are pushing boundaries in the multiplatform arena, while WildBrain has become a global programming powerhouse.

Our stories and our creative talent are at the heart of the online streaming act. The legislation lists several important factors for the CRTC to consider in its definition of Canadian programs, including, for example, collaboration with Canadian producers, Canadian ownership and exploitation of IP by Canadians. This would give the commission the flexibility to require all types of broadcasting undertakings, including online streaming services, to financially contribute to the development of Canadian programs and Canadian talent. That is what Canada's important independent production sector needs to continue to thrive.

A strong independent production sector ensures Canadian stories are told by and for Canadians. However, it is not enough to encourage the production side alone. It is important that Canadians can find and access Canadian stories and music. As we see more of ourselves reflected in these popular mediums, it creates a sense of pride and a sense of unity, which are precisely what we need in these difficult times.

The influx of streaming programs has meant access to endless content, but it can be difficult to find or even recognize Canadian programs. This is in part because online platforms are not required to showcase Canadian programs in the same way as traditional broadcasters.

Our independent productions, and especially Canadian music, deserve to be discovered and supported. However, in the current context, it is a challenge for independent producers to remain visible in the marketplace.

With major artists like Kanye, Adele and Ed Sheeran dropping new music every few weeks, new content simply outpaces our ability to consume it. While we find pride in Canadian artists such as Drake, The Weeknd and Shawn Mendes dominating streaming playlists, we know that production and quality music alone are not enough to get noticed. If that were the case, we would see artists such as k-os, Hawksley Workman, Ada Lea and the quartet Corridor find the global success they deserve.

Word-of-mouth marketing is no longer sufficient. Our musical tastes are increasingly dictated by algorithms. What we are asking for has proven successful in the past. Forty-one years ago, the federal government stepped in with requirements for CanCon to save our singers and musicians from being lost to the radio hits from the United States. We are adapting this policy to safeguard Canadian music for the future.

Without prominence, Canadian stories and songs will not be discovered, heard or remunerated. Discoverability is important. It is an opportunity to be introduced to up-and-coming Canadian artists such as Morgan Toney, a young Mi'kmaq fiddler from Nova Scotia.

I will end here, as I know my time is short. Anything I did not say I can hopefully get to in a question or two.

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

June 13th, 2022 / 6:35 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, the member talked about holding the web giants accountable. MindGeek and Pornhub claim to be one of the largest sites on the Internet with over 11 billion viewers every year. There is enough content on their website that, if someone had to watch it all, it would take them 572,000 years. MindGeek and Pornhub are a major part of the problem on the Internet. It is probably one of the biggest web giants, if there is such a thing, in the world.

I am very disappointed that Bill C-11, while attempting to tackle holding so-called web giants to account, does nothing of the sort when it comes to a company that is in our own backyard and based in Montreal. This bill does nothing to tackle the exploitation that this particular web giant has participated in.

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

June 13th, 2022 / 6:35 p.m.


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Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, I am surprised—and that is putting it mildly—by the member's speech. As the saying goes, “give a dog a bad name and hang him”. His speech was a bit like that. He spoke about pornography and child exploitation, but that is not at all what Bill C-11 is about. I would invite him to introduce a different bill on that topic.

Bill C-11 is about forcing the web giants to make room for our creators, our artists. That is what we are talking about. Please do not tell me that we are rushing things. We have been working on this for two years, and artists and creators have been waiting 30 years for the act to be revised.

I just want to say to my colleague that I am really surprised by his speech. I do not think I really understood where he was going with it.

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

June 13th, 2022 / 6:35 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, that is precisely what my whole speech was about. There is an area of the Internet that we need to work on to ensure that children are not gaining access to it and ensure that it is not ending up in front of the eyes of children. This is something that is going to be hard. It will be difficult, and it will take effort. However, one of the things that I have been frustrated with is that the government does not put in the effort to get pieces of legislation that we need across the finish line.

Bill C-11 would do nothing to prevent the exploitation of children online, and I am very disappointed to see that is not being addressed. I have moved amendments for Bill C-11 to work in this area, but as it stands, the bill would do nothing to prevent sexual exploitation online.

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

June 13th, 2022 / 6:25 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, that is duly noted.

I would like to think that the Liberals would have learned their lesson after the debacle of Bill C-10 in the last Parliament, but only this government would be able to introduce a bill that is even worse than the original. The Liberals claim they are trying to level the playing field between traditional and online media. However, it is already incredibly difficult to start a radio station in this country, but it is very easy to start a podcast. Why would the government not make it easier for traditional media to operate instead of policing online content?

In all of this, the Liberal-NDP coalition has refused to listen to Canadian experts, content producers and other witnesses at the heritage committee to fix this incredibly flawed bill. Today's motion only limits the ability of parliamentarians to hear from witnesses, and to debate and study the proposed amendments. Essentially, the Liberals and the NDP are censoring MPs from speaking on their censorship bill.

One of the greatest concerns is proposed section 4.2 of the act, which outlines what is considered a program for the purposes of regulation. In answer to this question at committee, the Minister of Canadian Heritage was adamant that social media posts would not fall under the definition of a program, yet the chair of the CRTC, Ian Scott, said the exact opposite when he testified, “Proposed section 4.2 allows the CRTC to prescribe by regulation user-uploaded content subject to very explicit criteria.”

He, on another occasion, reassured Canadians they had nothing to worry about because the folks at the CRTC, “have lots of things to do. We don’t need to start looking at user-generated content.” How is it reassuring that they do not need to start looking at people's social media? In other words, they will eventually start looking at people's social media, but they are just too busy at the moment.

The Liberal government is telling Canadians to just trust it, except Canadians do not trust this government. They do not trust it when it comes to mandates. They do not trust it when it comes to protecting Canadians online. They certainly do not trust it when it comes to ethics. I think of the SNC-Lavalin and the WE Charity scandals. They do not trust the government at all.

Rather than policing Canadian social media, why would the government not tackle online sexual exploitation? I believe there are some areas where the Internet should have oversight. Porn companies should not have unlimited access to our children online, but they do, and there are no requirements to make sure that accessibility to their sites is for those over the age of 18. I also believe porn companies should not be able to post their content without verifying the age and consent of each person depicted therein.

Too many women and kids have been horrifically exploited online, and porn companies, such as Montreal-based MindGeek, have made billions of dollars from exploiting these women and children, but the Liberals' Bill C-11 does not tackle any of these important issues. The Liberals are more interested in policing our political, social and religious views online. Despite multiple calls for action by survivors, NGOs and parliamentarians, the Prime Minister and the Liberal government have done nothing to address companies like MindGeek, which have been publishing and profiting from online sexual exploitation for many years with impunity.

It has been over two years since nine parliamentarians wrote the Prime Minister to alert him to the fact that companies like MindGeek were profiting from child sexual abuse material, sex trafficking and rape in his home province. It has been a year and a half since 20 parliamentarians from four parties wrote the justice minister inquiring why Canada's laws have failed to hold online exploiters accountable, and it has been 18 months since the world has asked why Canada allows this company, MindGeek, to profit off of videos of exploitation and assault.

It has been over 70 weeks since the Canadian heritage minister promised legislation to fight online exploitation within three weeks. It has been 498 days since the survivor, Serena Fleites, shared her horrific story and called on parliamentarians to do something. It has been one year since the ethics committee tabled a report with 14 unanimously supported recommendations. There has been nothing, no action, from the government. Within three days, Mastercard and Visa were able to make findings and judgments that ended their relationships with MindGeek and Pornhub, yet the government has been unable to come up with anything to end this online harm.

To be clear, there have been multiple lawsuits from survivors in Canada and the United States against MindGeek, but zero government legislation to prevent companies from exploiting or profiting from the victimization of children, sex-trafficked victims or rape victims. There have been zero known investigations in Canada, zero charges laid in Canada, and zero justice for survivors. This government's priority is to police law-abiding Canadian citizens online and turn a blind eye to exploitation.

The government could have even used Bill C-11 to tackle online exploitation to protect minors, which is why I have provided some amendments to Bill C-11 that would do this. Specifically, I am proposing that Bill C-11 amend section 3 of the Broadcasting Act to set out policy objectives that the CRTC is mandated to implement to protect children from sexually explicit content and to prevent broadcasting of sexual violence. Specifically, I am proposing these policy objectives to seek to protect the health and well-being of children by preventing the broadcasting to children of programs that include sexually explicit content and to safeguard the human rights of women and marginalized people by preventing the broadcasting of programs that include pornographic material that is violent, sexist, racist or degrading or that is produced through sexual exploitation or coercion.

I have put forward these amendments at the committee, and I hope that the government will support them. These amendments are supported by child advocacy organizations and those fighting online exploitation.

In a brief submitted to the heritage committee, an organization called Defend Dignity highlights, “Children are spending more time online” than ever. It also notes, “Exposure to sexually explicit material is detrimental to children’s [health and] well-being” and “The UN Convention of the Rights of the Child...recently adopted General Comment 25”. It continues, “Sexually violent material perpetrates discrimination and abuse [with the] connection between sexually explicit material and sexual exploitation”.

Defending Dignity also wrote:

Protecting children from the harms of sexually explicit material and society from the dangerous impact of violent sexually explicit material must be a priority. As an organization working to end sexual exploitation in Canada, we call on all members of the committee to support [the member's] proposed amendment to section 3 of the Broadcasting Act.

There was also a joint submission to the Heritage committee from Timea's Cause and OneChild, two organizations with a combined 30 years' experience in combatting the sexual exploitation of children. They wrote:

Today, Canadian children's access to sexually explicit content and the broadcasting of sexual violence has gone far beyond the realm of television and radio. This content is broadcasted online through digital advertising to pornography. The Internet has unleashed a tsunami of content that is objectifying, violent, and misogynistic in nature, and those viewing this harmful content are getting younger and younger....

This content greatly informs our cultural norms, values and ideologies. In the case of children who are still navigating the world and are in the process of developing their sense of self and esteem and learning how they should treat others and how others should treat them—this kind of material is detrimental to their development. It warps their understanding of sex, consent, boundaries, healthy relationships, and gender roles. Moreover, viewing this kind of content online has frightening links to rape, 'sextortion', deviant and illegal types of pornography such as online child sexual abuse material, domestic violence, patronizing prostitution, and even involvement in sex trafficking.

That is why Timea's Cause and OneChild are urging the committee and this government to adopt these amendments to Bill C-11.

Conservatives will continue to defend the interests of Canadians. We will stand up to the exploitation, and those at risk of exploitation. We will stand up for those who are artists and creators, speaking out against this bill because it will harm their livelihoods. We will stand up for all Canadians.

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

June 13th, 2022 / 6:25 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I rise today in regard to the Liberals' efforts to fast-track a bill through Parliament that would allow the government to censor what Canadians post. The Trudeau Liberal government and its NDP allies are pushing through a motion in the House to curtail Parliament's responsibility to examine Internet regulation, Bill C-11

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

June 13th, 2022 / 6:20 p.m.


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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to thank my colleague for her speech.

From what I understood from it, she is saying that Bill C-11 protects those who have yet to adapt to new approaches, the new digital reality.

Is my colleague aware that Quebec francophone culture, with 8.6 million people, must still have some sort of protection in this ocean of 350 million anglophones that is the Americas?

I would like to hear her thoughts on that.

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

June 13th, 2022 / 6:10 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I will be splitting my time today with the member for Peace River—Westlock.

I am rising today to speak on behalf of my constituents of Kelowna—Lake Country to this motion to close debate on Bill C-11. It is a bill that the government continues to insist should not be of concern to Canadians, yet barely allows it to be debated. The previous iteration, Bill C-10, had massive backlash last year, and damning testimony and expert analysis of the Liberal bill, so we can see why the Liberals want to shut down scrutiny as quickly as possible this time around.

Bill C-11 is a piece of legislation that the government continues to insist is entirely different from last year's Bill C-10. After reviewing the legislation, I can confirm there is definitely an 11 and not a 10 in the title of the legislation. Unfortunately, the rest of the deeply flawed Bill C-10, which would limit what Canadians could see, share and view online, has been sadly left in place.

The government can say that it listened and that regulating user-generated content is off the table; however, legal experts and digital content producers can read, and what they are reading in this legislation is still deeply concerning.

The government is moving to shut down debate, shut down committee study and prevent dozens of witnesses from sharing their thoughts and concerns on this bill. Probably the most recent conflict comes between the heritage minister and comments from the current CRTC chair, Ian Scott. Mr. Scott confirmed that the Canadian Radio-television and Telecommunications Commission, CRTC, would be able to regulate user-generated content under the current iteration of Bill C-11.

The government has stated that this legislation intends to support Canadian artists, promote the spread of Canadian content over that of international competition and update the Broadcasting Act to cover the rise of digital streaming content. None of these goals is wrong. Our Canadian arts and culture sector is flourishing and deserves our support. More Canadians than ever are making films about Canada. More Canadians are making music than ever in Canada. More video games are being made here in Canada, not to mention e-books, podcasts and YouTube content.

Canadians are producing and watching great Canadian content. Sometimes they will see it through Disney+, and occasionally getting that content made will involve international investment. Under the current rules, this may make it un-Canadian. It is not what the government would prefer for Canadians to watch.

A constituent of mine recently wrote to me with his concerns on Bill C-11 and the threat of censorship that is always present when a government looks to prefer one source of information over another. He told me the story of tenants of his who had grown up in the Soviet Union. He wrote:

Some time ago, a couple from Russia rented our basement suite. We got to know them well and had many discussions over how Russia-controlled media impacted them.... We asked, in your opinion, what was the biggest lie ever told to the Russian citizens. Slava didn’t hesitate: “That Russia won the 72 Canada Russia hockey series!” We were astounded… how could they not know that Canada won? We had the videos. They said the government simply eliminated the last four minutes of the winning game and controlled the narrative.

They only saw what the government wanted them to see. Bill C-11 gives the Canadian government the powers to do this: it has broad powers that could be used to censor what Canadians can see and say online according to the government’s preferences.

If the government is genuinely interested in updating the Broadcasting Act, let us work together to do that. If the government wants to ensure that Netflix, Spotify and YouTube are not playing by different rules than Canadian producers are, Conservatives are happy to help them in that. Canadians want to see digital platforms pay their fair share, but do not trust Bill C-11 to do it with all the extra censorship power.

To quote very specifically from the bill itself, Bill C-11 seeks to bring platforms like YouTube under the following content regulations. It says the CRTC:

May, in furtherance of its objects, make regulations

(a) respecting the proportion of time that shall be devoted to the broadcasting of Canadian programs;

(b) prescribing what constitutes a Canadian program for the purposes of this Act...

The government says it is looking to bring the Broadcasting Act into the 21st century, but applying those regulations to user-driven content platforms is trying to bring digital content into the 20th century. As my colleague for Calgary Nose Hill put it, “It is like playing an MP4 on a VHS machine: It is just not going to work.”

Regulating digital platforms and social media is beyond the scope of the CRTC's mandate and abilities. Right now, Canadians are succeeding on digital platforms with the support of fellow Canadians. People of every background in this country are making their full-time living creating digital content while receiving billions of views. We know Canadians are succeeding in these spaces.

Social media platforms already have reach within Canada. Why would the Liberals fork over $600,000 in taxpayer dollars in 2021 to pay for social media Internet influencers to sing the Liberals' messages if online platforms were so ineffective? This does not include the money the Liberals spent on the various digital platforms themselves, only to pay influencers. This was only discovered through investigations by Conservatives.

Governments should not look to discourage Canadians from watching Canadian YouTubers just because they make content abroad. We should not look to saddle the success of homegrown content makers with checklists to prove the Canadianness of their videos. Over-regulation is the swiftest eliminator of innovation. It benefits the previously established who may be too out of touch to keep up with the pace of change. Canadian digital content creators are on the cutting edge of new media. They do not need Bill C-11 to succeed, and they have proven that. Canadians are already watching what they are making. They do not need the federal government to tell them to, or to have the CRTC analyzing every online post to see if it is something that meets whatever rules it comes up with and is worthy of its view.

This is truly unbelievable. The Liberals are also refusing to release the policy directive they are giving the CRTC. The only ones who are seeking the government's assistance really are the legacy media companies that once enjoyed monopolies on television and radio. They did not innovate to the new media landscape, and are now looking for backdoor bailouts in partnership with a government seeking greater control of the lives of everyday people.

Any government looking to impose new regulations on a service so vital to everyday life as our digital devices would need to first demonstrate that its actions are not self-interested and that it would not choose to discriminate based on the viewpoints of those it is seeking to regulate.

The current government has proven that it cannot be trusted to be fair and equitable. In the past two years, we have seen two public protest movements that blocked public infrastructure get two entirely different responses from the same Liberal government. Of course, I am talking about the 2020 rail-line blockades, which brought pretty much all passenger and commercial rail, including from ports, to a dead stop for almost three weeks across the entire country and laid off 1,000 people. That is compared to the 2022 trucker convoy border closures at a handful of border crossings for a few days of that critical infrastructure.

Even though there was damage to infrastructure during the rail blockades, the Liberals worked with law enforcement and met with protesters. When the Liberals disagreed with trucker protests over mandates, they turned to the Emergencies Act to give themselves new powers, which were proven not to be necessary as our border crossings had already been reopened under our existing laws. The Liberals froze Canadian bank accounts without verification, which is something just admitted by the Department of Finance. The Liberals were called out by the Privacy Commissioner for failing to notify or ensure the privacy of Canadians whose cell phones were tracked by the Public Health Agency of Canada.

Nothing can make the government's track record of secrecy, control and division clearer today than to repeat the same tactic of cutting short debate it used in the prior piece of legislation, Bill C-10, in the previous Parliament.

This motion to impose an arbitrary deadline to send the bill back to the House does not help the Liberals' case. The House is not a short-order kitchen. There is no need to push on law-making, especially on a piece of legislation such as Bill C-11, which has so many holes of uncertainty that its symbol should be a piece of Swiss cheese. However, as the Prime Minister has constantly proven, the work of Parliament is secondary if he can move up his vacation plans in Tofino. As currently written, and with the government having no interest in hearing from witnesses or entertaining amendments, I cannot support stopping debate on this poorly thought-out, full of holes, overreaching piece of legislation.

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

June 13th, 2022 / 6 p.m.


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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Mr. Speaker, I commend my colleague and congratulate her on becoming a grandmother. That is a joy and beautiful gift in life.

We can also collectively offer a beautiful gift by passing Bill C‑11. There is certainly room for improvement. That said, it makes changes to the Broadcasting Act, which does not happen every year. This bill needs vision.

We could have used more time. I can understand moving motions to have time for a report. I think that will be done tomorrow, according to this morning's motion. It is not a lot of time. That said, sometimes perfect is the enemy of the good. In this case, I think that perfect is what should govern us.

My colleague wants the majority of the House to pass Bill C‑11. If she had an argument to convince those who are hesitating, what would it be?

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

June 13th, 2022 / 5:40 p.m.


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Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Mr. Speaker, I am happy to speak tonight about Motion No. 16 in support of Bill C-11 and about the importance of getting this piece of legislation through the House as quickly as possible.

The online streaming act is a crucial step in fostering a more inclusive Canada. Online streaming is quickly becoming the most important way in which Canadians consume audio and audiovisual content. Media have a big impact on how we see the world and how we see each other.

Canadians, creators, producers and broadcasters have been waiting for this legislation for many years. The last major reform to this legislation was in 1991, the year I graduated from high school, and as members can see from the colour of my hair, this was quite a while ago.

We have to act now. I urge all members of this House to focus on the important nature of this bill, which is to provide greater support to Canadian artists and creators from all communities and backgrounds. It is therefore essential that we move forward quickly with Bill C-11 so that our Canadian broadcasting system can thrive in the digital age.

It is great that many of my colleagues in the opposition understand the urgency of Bill C-11. Unfortunately, the Conservatives have taken every opportunity to delay and block us from moving forward on our study of the legislation, and I will speak more about that a little later in my speech.

Our objective is to have diverse and representative voices in the broadcasting sector, including in online streaming services. In this way, we create the space for Canadians from official language minority communities, racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages to tell those stories.

Over the years, the Broadcasting Act and the regulatory system it created have helped ensure that stories created by and for Canadians continue to be created and appreciated by Canadians. That will remain its main objective.

Bill C‑11 will put today's viewing and listening audiences, including the diverse and marginalized voices that have historically been under-represented in the broadcasting system, in the spotlight. Bill C‑11 recognizes that some communities have had very little choice in terms of content, be it created by them or for them or in a way that accurately reflects their reality.

I am very pleased to have the opportunity today to talk about how the online streaming act would help ensure that Canada's broadcasting system will appropriately reflect and support diverse audiences, creators and artists, and this is to the benefit of all of us. Our broadcasting system has aspired to embody the important Canadian values of fairness, respect and inclusion. Canadian audiences have always been diverse, and we have seen the broadcasting system evolve to better serve their needs and represent all Canadians.

It is because of these values that we have had broadcasting in French and English right from the start.

It is those same values that underpin the extension of television broadcasting services, first to underserved rural and remote communities, then to the north, and then through the introduction of closed-captioning in the 1980s.

The values of fairness, respect and inclusion are behind the move to offer broadcasting choices in languages other than French and English and to remove some barriers to broadcasting these services on radio and television.

These values have been the basis for creating a more representative and inclusive production sector through contributions from the Canada Media Fund. Public funds further support efforts to promote diverse Canadian creators, including spaces like the Vancouver Asian Film Festival and organizations like the Black Screen Office.

These values have made us leaders on the world stage with respect to children's programming focused on diversity and inclusion. Our children can watch the wonderful stories of Teepee Time on APTN or Chevalier héroïque on TFO.

However, as the world sees growing ignorance and racism, including the rise of xenophobia, we know that more needs to be done. There remains a gap. There is a gap between the reality of the Canada we live in and the diverse and inclusive Canada we strive for.

In 2020, approximately 63% of Canada's Black population reported experiencing discrimination five years prior to the beginning of the pandemic or during the pandemic, nearly double the proportion of the white population at 32%. Discrimination does harm. It is associated with adverse impacts on social and psychological outcomes, including less trust in public institutions such as Parliament, our justice system, police and schools.

I would like to share a quote from Joan Jenkinson, the executive director of the Black Screen Office, in her appearance at the heritage committee study of Bill C-11. It really captures exactly why this bill is so important.

She stated:

Canadians of all backgrounds have not had access to programming within the Canadian broadcasting system that authentically reflects the diversity of this country.

Through broadcasting we can make space for different stories to be told, and those stories need to be told. Representation matters. Canadians should be able to see more of themselves reflected in the media they stream in a way that honours their identities. Canadians have the right to share these stories in a way that is culturally relevant and appropriate.

Our broadcasting system must continue to meet the needs of different groups and be inclusive for all Canadians. However, at a time when digital services have become more and more predominant, we must support the development of the work of these artists and creators. It is also extremely important that their projects receive fair contributions that take systemic barriers into account.

We want the future Atom Egoyans, Robert Lantoses, Sandra Ohs, Xavier Dolans, Ivan Reitmans and Nia Vardaloses of this world to find the support they need to tell their stories. To truly have the diversity and representation that we are proud of in Canada, it must be built into the broadcasting system.

What are we doing now? Broadcasting is about cultural policy. Canadian culture is not monotonous, static or monolithic; it is a living, breathing, dynamic element of who we are. We need an audiovisual sector that reflects that we are bold, dynamic and inclusive.

Our government's strong commitment to inclusivity is demonstrated through ongoing initiatives, including budget 2021, which provided $60 million in new funding over three years specifically for the Canada Media Fund to increase support for people from equity-deserving groups working in the Canadian audiovisual industry. These resources help the CMF to realize its equity inclusion strategy and deliver on its mandate to enable a diversity of voices.

On top of this, the COVID‑19 recovery fund extended the previous third-language COVID relief allocation through the CMF for another two years to provide further supports for independent television production in languages other than English and French.

Our budget commitments and mandate letters clearly show that our government continues to prioritize diversity and inclusion.

The Minister of Canadian Heritage is currently working with the Minister of Housing and Diversity and Inclusion to provide racialized artists and journalists the support needed for their productions, adequate investment to support local journalism in underserved communities, and new funding to provide diverse communities with the tools needed to tell their own stories and to promote the diversity of voices in the arts, culture and media.

With the growth of streaming services that provide unlimited content, we must ensure that the values of equity, respect and inclusion are given even more space in the regulation of the Canadian broadcasting system.

That is why Bill C-11 underscores the need for diversity, inclusion and representation.

The online streaming act amends the Broadcasting Act to make the broadcasting sector more inclusive for all Canadians. It enhances the objective of the law whereby the broadcasting system should

serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages — and reflect their circumstances and aspirations, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of Indigenous peoples within that society

This objective will broaden access to the system and provide programming for these communities that speaks to their needs and interests regardless of their preferred broadcasting medium. As before, the government intends to direct the CRTC to support and promote programming and creators from diverse communities and backgrounds. Whether they stream programs over the Internet, over the airwaves or through a cable system, the CRTC will be equipped to ensure that Canada's broadcasting system provides programming for, about and by persons from diverse communities.

I want to reflect again on the importance of understanding this. Whether they stream programs over the Internet, over airwaves or through a cable system, the CRTC will be equipped. Essentially, we are making sure that the channel on which this content is sent to Canadians is equalized, because right now it is not.

I would like to speak a bit about Motion No. 16 and the procedures.

I get a lot of questions from citizens in my riding who say they do not understand, a vote came up, this happened or I heard this, and they ask why this is happening. I will be honest. I have been here almost seven years now and I am a bit of a procedural geek. I really like procedure, so I read the Standing Orders often. I have read Bosc and Gagnon and Beauchesne's. I like reading more and more about the procedures. When I explain to citizens who write to me how things work in the House procedurally, often at the end of the conversation people say they did not realize that. In a perfect world, these little procedural tactics, which I am assuming everyone uses when they are in opposition, would be known to people.

Let us think about procedure. This piece of legislation was introduced in early 2022. It was in a previous government and brought back. Members voted to send it to committee at second reading. The majority in the House agreed that it should go to committee. At committee, committee members agreed that they would allow 20 hours of witness testimony on this bill before reporting it back to the House. This was agreed upon by the members in the committee.

Seven hours of that time were then spent filibustering by the Conservatives. It is a procedural tactic that is used, I guess, by all opposition members at committee and so on. However, that prevented part of the CRTC from presenting. It also prevented the minister from testifying and answering questions. Right now, the committee cannot even get to clause-by-clause to bring forward amendments by the opposition.

I understand full well that the Conservatives, the Bloc Québécois and the NDP may want to propose amendments to the bill. However, we cannot even get to that stage because the Conservatives on the Standing Committee on Canadian Heritage are obstructing the process.

We cannot learn, talk or debate about these amendments or the concerns people say they have, because the reality is that they are being blocked by their own members. The Conservatives are actually blocking their own motions.

I have been listening to the debate in the House today and I have heard from my colleagues. I come from Quebec.

In Quebec, our artists are incredible. Artists want the bill to move forward. It is urgent.

What I heard today is people saying, “Look, we like it. We've heard. We know that this piece of legislation is important. We need it to move forward.” On the other side, I heard the Conservatives saying that we need more time to debate it, but they had seven additional hours at committee with which they filibustered, when they could have been hearing from additional witnesses who they thought were necessary. It is kind of chicken-and-egg. Did they want to debate and hear from more witnesses, or did they want to filibuster?

We have a thing called parliamentary privilege here in the House, which means that I can stand up in the House and I can say whatever I want, because I have parliamentary privilege. I can say that this bill is doing x, y and z when I know it is not.

This bill is not about the users and the creators. This is about the platform. This is making sure that whatever platforms someone is using, whether it be YouTube, Amazon Prime or Netflix, they are following the same rules as the airwaves or television and they are contributing to Canadian content. This is not someone uploading a cat video. Trust me, I love cat videos. I can watch them all day. After a day here in the chamber, I love a good cat video. We are not going after the cat video creators. That is not what we are doing. What we are saying is that the big broadcasting companies that are using the Internet and livestreaming need to pay their fair share and they also need to contribute to our culture.

I know I have a few minutes left, but I have to get this in there. I have a couple of colleagues who know that I am a new grandma. I am a first-time grandmother and I got to see my grandson on the weekend. He is seven weeks old. Of course, I am asking them how to calm a crying baby. It has been a while since I had a crying baby in the house. They said he likes to listen to this music that is on YouTube, called CoComelon. Anyway, it is singing and it is on YouTube. It is funny, but to get the baby to stop crying I am playing CoComelon so that he can hear the music that he really likes. We sing along with it.

However, YouTube is not contributing to our cultural content or to our industry, and it needs to. I want to make sure that my grandchild can hear music and watch television and shows, whatever way he streams it, because I am assuming things will change in another 15 years when he is older, and that he will also be able to see Canadian content that is reflective of our Canada, with indigenous voices and racialized voices, the real reflection of Canada.

For our two official languages, it is important to support our cultural industry in Quebec. For that reason, I urge all members of the House to vote in favour of Bill C‑11.

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

June 13th, 2022 / 5:40 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, a constituent of mine, Alexis Utatnaq, wrote to me supporting the passing of Bill C-11. She said that it was long overdue and that an update needed to be made. She also said to me, “I am proud of our cultural productions and want to make sure Parliamentarians pass C-11”.

Does the member intend to put an end to this injustice, or rather protect the profits of web giants, which would ultimately lead to less cultural indigenous content if the bill is not passed?