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 / 5:35 p.m.


See context

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, I will read another quote from Professor Geist about exactly that point on proposed section 4.1. I recognize that Bill C-11 is improved, at least to an extent, with the inclusion of the wording in proposed section 4.1, but this is what the professor says: “While this is true in the sense that users are not regulated like platforms due to an exception in the bill, the truth is the bill regulates indirectly what it cannot do directly.”

It has not really solved the problem. There is still something that needs to be addressed. I would again reflect on what the professor had to say about going to the European Union and taking a look at what it did. It did things right, at least in his eyes. Our committee needs to look at this further to make sure that it reflects the modern usage of Internet autonomy.

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

June 13th, 2022 / 5:25 p.m.


See context

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, it should not come as a total surprise that the Liberal government would make strategic moves to limit my freedom of speech as a member of Parliament who wishes to speak to the topic of freedom of speech. It seems very ironic.

Today, we are talking about a programming motion that would cut off debate on the substance of a very important piece of legislation: Bill C-11. I am hearing from so many constituents who are deeply concerned that their freedom of expression on the Internet would be impaired by this legislation. People want the Internet to remain free. It is the new marketplace for the exchange of ideas, and people are starting to wake up to the thought that their government wants to regulate this forum, this new public square.

What is the big holdup? What is the big rush? Why, in this last week of Parliament, does the government feel that it has to push this legislation through? The big open question hovering over this legislation is whether Bill C-11 would regulate online audiovisual material uploaded to sites such as YouTube and TikTok, which is user-generated content. That is the big question that needs to be answered.

An earlier draft of this legislation, because this is the second time it is before the House, was Bill C-10 from the last Parliament. It was clearly offside, flawed legislation, although the minister at that time said he wanted to make it crystal clear that the “content that people upload on social media won’t be considered as programming under the Act”. That is as clear as the minister had wanted it to be, or thought it was, and this legislation, I am sure, would have proceeded through the normal debate and legislative process, would have passed both Houses of Parliament and today would be law. However, it was flawed, it was poorly thought out and it got bogged down in the Senate. The backlash from social media users, amateur content producers and social media sites was swift and very harsh.

As an aside, I feel compelled to note, as we are thinking about why there is a big rush, that a year ago this could have been put through the House, but the Prime Minister saw that his popularity numbers were up a bit in the middle of a pandemic and decided to call an election. Then everything fell off the table. This very important piece of legislation fell off the order table and was basically put right back to square one. However, there was one positive outcome from the election that nobody wanted and was a waste of $610 million, and it is this: Bill C-10 fell off the order table.

We were optimistic that with a new minister, new Parliament and an opportunity to start afresh, we would see a substantially revised and improved piece of legislation, but bad ideas rarely die in the Liberal Party. The bill came back pretty much the way it was before, and things are getting bogged down again. Now the Liberals are saying that it is all the fault of the official opposition; we are obstructing the bill. Well, if they come here with good legislation, we will help them pass it through the House. Now, instead, they have to rush it through.

This is the biggest revision to the Broadcasting Act in 30 years. Many voices need to be heard. Many people have expressed themselves publicly. They need to come to committee and we need to listen to what they have to say, but sadly that is not going to happen because of this programming motion.

I do want to give credit where credit is due, and there are some good pieces in this bill. The government says that it wants to level the playing field and we the Conservatives support that. As the member of Parliament for Langley, where there is a big and burgeoning movie industry, I have heard from a lot of stakeholders, and they are telling me that there are good pieces to this legislation.

I have a quote from somebody who wrote to my office just the other day. He is a producer in the movie industry. He said:

Please pass on to Tako my sincerest thanks for making the time and listening to my feedback related to building a strong film industry in Langley and Canada. It was a great meeting. I appreciate Tako's thoughtful commitment to the modernization of the Broadcasting Act, and to the benefits such work will have for Canada's film workers and production companies.

That is positive. They are positive comments. He goes on to say, “I am concerned about unintended consequences and protecting the freedom of expression within user generated content.” Even from somebody who is generally supportive of Bill C-11, these concerns are being expressed, and they need to be listened to.

I will concede this: The government's intentions were good, namely to promote Canadian content on the Internet, as we have grown accustomed to on legacy media platforms. It was good for them, so why is it not good for the Internet? That is a very important question to ask. However, I am reminded of Napoleon's famous quote: Never ascribe to malice that which is adequately explained by incompetence. I think that is what we have today. We have legislation that is written incompetently.

This is what Ms. Morghan Fortier, CEO of Skyship Entertainment, told the heritage committee on May 24: “Bill C-11 is not an ill-intentioned piece of legislation, but it is a bad piece of legislation. It's been written by those who don't understand the industry they're attempting to regulate”. She is one of Canada's leading experts in the field.

Matt Hatfield, the campaign manager of OpenMedia, at the same meeting of the heritage committee, said this: “We would never tolerate the government setting rules specifying which books must be placed at the front of our bookstores, but that's exactly what the discoverability provision...of Bill C-11 is currently doing.” He calls that unacceptable.

The minister says they are all wrong, they are misreading Bill C-11 and they are misunderstanding it. He says that is not what the intention is. Law professor Michael Geist, who has been quoted here a few times, is trying to reconcile the difference of opinion between what the minister thinks Bill C-11 means and what many other experts think it means or what the consequences of it are going to be. In response to the minister's comments, Professor Geist said this: “While this is true in the sense that users are not regulated like platforms due to an exception in the bill, the truth is the bill regulates indirectly what it cannot do directly.” Therein lies the problem.

The minister further tries to explain or attempts to clarify what this bill means. I was not at the meeting, but I did read about it. He said he is focusing now on commercial user content. That is what will be regulated. When he was pressed on what “commercial” means, as there is no definition, he said it is tied to whether the person uploading to social media is earning revenues.

When he was grilled on how much revenue that is, he was not answering. Either he does not know or he has not thought about it yet. Better yet, I think he is going to delegate that to the CRTC to decide, so he can let someone else decide and let someone else take the heat. That is unacceptable. The Liberals are in government. They need to write laws that are going to make sense, that are going to work and that are based on what experts are telling us.

Here is where we are. We have poorly thought-out legislation, objections from many stakeholders, a summer recess looming and the government wanting to rush things through so it can say it has accomplished something. We also have a programming motion that is going to cut off further debate. We have today for all amendments to be submitted by midnight and have one day for clause-by-clause scrutiny. Then June 14 is for voting on all amendments and we will have a final vote by the end of the week.

This is important legislation and there are voices that still need to be heard. We need to hear them. This needs to go back to committee for further study.

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

June 13th, 2022 / 5:25 p.m.


See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, that is interesting because last week in committee, on Wednesday, the clerk gave me 20 printed submissions that we had to deal with. That tells me that as a committee we are not doing our job because these are submissions that have come through the clerk to the committee from people and organizations wanting to speak to this.

I want APTN there. I have been requesting that APTN come to committee. We need the indigenous voice on Bill C-11. We have not heard it. That is one of the flaws with this bill. We need APTN to see its future and how Bill C-11 would affect that network.

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

June 13th, 2022 / 5:10 p.m.


See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, before I get under way here this afternoon, I just wish to tell everyone that I am going to split my time with the member for Langley—Aldergrove. We get the good 10 minutes at the later part of the speeches, so I will set him up for it.

I am very thankful to speak to the bill today, Bill C-11. It is the programming motion regarding the online streaming act: the successor to, or should I say the copy of, Bill C-10, which we debated here in the House of Commons. Let us step back. We really did not have any debates last June on Bill C-10. It was pushed through the House with no amendments to it.

I am really desperate on this one because I thought the government learned last June about Bill C-10 and the flaws that we moved forward now on Bill C-11. As most remember, the Liberals tried the same tactics here in the House with the deeply flawed Bill C-10. It was wrong and undemocratic then. Nothing has changed. It is still wrong and mostly undemocratic now. The Senate is not even going to deal with the bill. To say that we need to pass it in the House today is ridiculous because the Senate, at best, will not see the bill until October.

Bill C-10 drew much controversy in the previous Parliament, and I talked about that, due to the proposed infringements on free expression, and massive granting of powers to the CRTC. I have talked for over a year and a half on the CRTC, and I will have more to say on that body and the potential to open up the Internet to broader regulations in a moment, among other serious concerns that I have.

Bill C-11 is the same flawed Liberal bill that could have potentially disastrous consequences for Canadian content creators, and most importantly for consumers. Conservatives said then that Bill C-10 needed more study, and we continue to say that today with this bill, Bill C-11.

As a former broadcaster, members can believe that I completely understand how desperately the Broadcasting Act needs to be upgraded. It has been 31 years since we started. The act is indeed badly outdated. It does not address the realities of modern broadcasting and content creation, and Canadian broadcasters and creators today are struggling because of that.

We absolutely need to put foreign streaming services and Canadian broadcasters on a level playing field, whatever that looks like. However, the solution, I feel, is not simply to force new realities into this old and outdated structure, or to have the CRTC regulate to its heart's desire.

The CRTC is in charge of broadcasting. Seventeen months later, it still has not updated the licence of the Canadian Broadcasting Corporation. It has been 17 months, and we have heard nothing. That is the CRTC's responsibility today: local licensing. We have heard nothing from chairman Ian Scott on CBC, saying, “We are busy. We are going through it.”

Seventeen months later, the public broadcaster still does not have a licence, because the CRTC is looking at it. I do not have to tell everyone in the House, all 338 of us, that we desperately want a three-digit suicide line. As of the month of June the request is a year old. We still have not got it. Why? It is because of the CRTC.

Do we see where I am going on this? It is not capable today of doing anything. As for its chairman, Ian Scott, his five-year term is up and he is leaving in September. We are going to have a new chair. He or she will get a five-year term and they will have to be re-educated on what the CRTC actually delivers to the citizens of the country.

Regulating the Internet, the Pandora's box that is being opened up in this legislation, is also simply not in the best interests of Canadians. We need to make sure that we are protecting the fundamental rights and freedoms of Canadians. Ensuring those protections cannot start by regulating the Internet and restricting the free speech that we have in the country today.

These are issues that need further study at committee. There are dozens of important witnesses that still wish to be heard. As for one of those witnesses, it is kind of interesting to listen to everyone talking about indigenous voices, because we have not heard from the indigenous peoples television network, APTN. We have not heard from it.

The Aboriginal Peoples Television Network has not come to committee to speak about what Bill C-11 would do for that network, which was started years ago because the public broadcaster did little with indigenous programming. That is why APTN started: it heard voices. In fact, I was at an event on Saturday in Saskatoon, and the Filipino community is asking about Bill C-11. The Filipino community does a half-hour televised tape show in Saskatoon on cable, and they have asked about whether they can continue if this bill passes. I had no answers for them.

This is the diversity we are hearing in our country that Bill C-11 has not answered in committee. We have not had a chance to even slice through the first level of onion to get to this bill, and now the Liberal government, as it did last year with Bill C-10, is pushing it through the House, but this time there is no excuse for it. The Senate will not even look at this bill until maybe late in September or early in October. We have all summer to deal with Bill C-11.

I remember when the government came into power, and we all remember when it came into power in 2015. It promised sunny ways and made a commitment not to use closure and time allocation as the Conservatives did in the previous government. They have forgotten that in six and a half short years. All I have heard is “Harper this,” and “Harper that”. Now, I am going to suggest that it is the member for Papineau who is shutting everything down in the House of Commons.

Now, whenever there is the slickest push-back against the Liberals' agenda, they go straight to time allocation and, today, the programming motion. I participated in the study on Bill C-10 in the previous Parliament, when the government passed a similar programming motion. Several legal and industry experts came before the committee and raised concerns about the legislation. They were the same concerns from 2021 that have come in 2022. As legislators, have we looked at this bill and said we have done the best we can with it? That is our job. We 338 are elected to get the best bills coming out of the House. Have we done that? We have not done that at all, and the Liberals agree with that, yet they are moving forward today.

Tomorrow we will have a full day, going through from noon to nine o'clock, with amendments, then we will push the amendments through from nine until midnight without a word we can say or object to. We proposed further witnesses and debate in the last Parliament, and Canadians deserve better on this bill. The government, however, is clearly sick of hearing about the problems with the legislation. We have gone through two heritage ministers already, and probably will a third when we come back in the fall, and shut down Bill C-11. Thankfully, Bill C-10 did not complete the legislative process because of a useless election. What is it going to be this summer?

Now, the chamber has a second chance to get this bill, Bill C-11, right. This time we have the opportunity, as members of Parliament, to give Canadians what they want out of this bill, Bill C-11.

First of all, despite claims to the contrary by the minister, Bill C-11 absolutely would leave the door open to the CRTC regulating user-generated content online. In other words, the CRTC could still, under Bill C-11, decide what Canadians can and cannot see. These powers pose a clear threat for free expression in this country, which is the most fundamental right in a democratic country. Under Bill C-11, the CRTC could regulate away free expression online.

Second is the fact that the powers the bill grants to the CRTC are so broad and wide-ranging that they empower the commission to essentially regulate any content in a manner it sees fit, and I have talked enough about the CRTC, but that second bullet should be a concern to everyone in the House of Commons.

What will happen to the foreign services that are small players in this Canadian market? Where did the Canadian market go? In a small part of the user base, we have new regulations and requirements that we can thrust upon them.

Third, the government is asking us to vote on legislation that we do not have all the pieces to. The government says it will address the problems through ministerial order, but it has not shown us what the orders will be. Bill C-11 is a flawed bill.

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

June 13th, 2022 / 5:05 p.m.


See context

NDP

Blake Desjarlais NDP Edmonton Griesbach, AB

Madam Speaker, the member's question touches on a very important point, which is the fact that small tight-knit towns and communities, and we all know communities like that, are going to be crushed by the weight of large corporations that continue to derive what is important to them from the economy. What is very different in small communities, whether in rural Quebec or rural Alberta, is that they value the members of their community. They value the things they do. They value what is happening around them.

It is so important that we make sure there are financial resources to support small communities. Bill C-11, by way of making sure that we force those large industries, those large multimedia Netflixes of the world, to pay their fair share would mean that small communities can continue to do that work, but we need to pass this bill first.

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

June 13th, 2022 / 4:55 p.m.


See context

NDP

Blake Desjarlais NDP Edmonton Griesbach, AB

Madam Speaker, my hon. colleague from Nunavut spoke so eloquently to the importance of making sure we address the long-standing issues that have been relevant to indigenous peoples' success in retaining their language, their stories and their culture. It is important that we understand the real impacts that have resulted in the dispossession of these things from indigenous people.

Oftentimes, what we have seen in the last many decades is a rejection of indigenous peoples' own solutions as to how we teach young people the language, demonstrate the modernity of our culture and continue to find ways to have our culture survive. One of the emerging, and I think strongest, ways of encouraging these solutions is by making sure that artists of all cultures have an opportunity not only to speak directly to those persons and communities, but to also represent those communities.

I am one of the younger members of this Parliament and growing up, in my short lifetime, there has been a huge gap in media, the arts and television shows. I have heard many members today speak about how important certain programs, such as Corner Gas, are in their homes and their living rooms, but this was not there for indigenous people when they turned on the TV. My parents would never watch TV because they felt as though it never represented them.

However, young people take in media, language, culture and items that make our country better. They take in items and information that formulates who they are, and that is a simple kind of justice that every indigenous person needs.

Here in the 21st century, as modernity has continued, we have seen these large Internet platforms often take up and suck up so much of the space that indigenous people require to make sure young people have access to these things. In the absence of legislation, such as what Bill C-11 would provide, indigenous content providers and existing indigenous producers are being forced to find other ways to finance their means. They are being forced to look at cutting wages for certain folks. They are also being forced to look at the arts as not a viable economy for indigenous people. This hurts indigenous people's culture and language, which is so valuable and important, particularly now in the age of truth and reconciliation.

What I would like to see for my niece and nephew, and for the next generation of those who are growing up indigenous across Alberta, is for them to not only have a chance to be able to tell the stories of our people, the stories of this land, or even the story of treaty, but also be able to have the support, space and financial resiliency to get that done.

We are remarkable in our country in highlighting so many of these artists, but what we are often not good at is supporting them. The bill before us would directly do that. Bill C-11 would ensure that Canadian content is visible and protected on online platforms, which is important. Another really important piece is that freedom of expression is explicitly protected within this process, which means that individuals who are participating in online streams would not be subject to the kinds of things that the platform itself would be, and some of that includes the platforms paying their fair share.

When it comes to supporting our arts industry in Canada, the existing laws look at radio and television. They require that those providers pay to ensure Canadian content is present and protected, and that Canadians have the opportunity to access it. This is vitally important when thinking about the 21st century and how our next generation will continue to absorb content and share that with the rest of Canadians.

When I look at, for example, some of the remarkable art happening in Edmonton and across Alberta, I see passionate, strong, well-deserving people who are doing their level best to make sure they have an opportunity to share what is so awesome about our province with the rest of the world. We see across the country, further east, indigenous nations taking a bold stance and furthering their productions by supporting them through great initiatives, including the current funds that are available through the National Film Board.

One of those films I had an opportunity to watch not long ago is a film called Wildhood. For those who do not know it, it is a Canadian-made film about two-spirit folks within indigenous communities, two-spirit youth. What a remarkable contribution it is for indigenous people, particularly for young people as they navigate so many questions about their identity and who they are. Oftentimes, they look to media. It may not be the best form of information, but it is a form of information people are absorbing. It is incumbent on all of us as members of Parliament to make sure we can guarantee to Canadians that what we produce here, what we learn here and what we show folks will be given to Canadians in a responsible way.

I think about the economy and what this means for artists. We looked at, for example, the pandemic. It was a devastating time for our arts producers. We saw a massive vacuum of finances that had been, at that time, supporting artists. This was prior to the pandemic. When the pandemic hit, we saw an evaporation of their revenues, which was $233 million. That was money that was supporting artists, storytellers and those who were working with communities to tell the story about who they are. Especially for a country as young as ours, we are trying to understand who was here, what we are here for and what we would like to be. Those are important questions that our country must be able to have the courage to lay a strong foundation for.

When it comes to levelling the playing field, it is really important that we understand that Canadians deserve a chance. I think every single member of Parliament today supports that. They support the fact that all Canadians deserve an opportunity to share their stories, share who they are and share that with the world.

However, it is troubling to me to know that members of the Conservative caucus want to withhold this bill and slow it down after so long. This bill was introduced in the last Parliament, albeit it has absorbed some good changes. There are still some changes, I think, that the committee responsible will definitely delve into, but it is important that we actually get to discuss this at committee.

I am really excited for the opportunity this will provide indigenous peoples, the francophone community, persons with disabilities and all marginalized groups in Canada. It is going to guarantee them access to something they have been rejected from for so long, whether it is because of finances or not having the ability to organize properly. What we have now is the chance to actually create that revenue and create that model so they would actually have an opportunity to share it and be a part of the mosaic that is Canada.

It is important that we look at some of the folks who are validating this. There are people in Canada who need this. The Alliance of Canadian Cinema, Television and Radio Artists said, “Other countries are taking measures to protect their economy and their cultural sovereignty. Canada must not fall behind. Sovereign countries must have the...tools to tell their own stories in the 21st century.” That is us. They are speaking directly to us.

The Canadian Independent Music Association said:

While most [companies] operating in Canada are subject to some form of regulation, U.S. and international online steaming services that distribute audio and audio-visual content are currently exempt from Canada’s regulatory system. This means, for example, that unlike commercial radio stations, these services are not required to [contribute financially] towards Canadian Content Development or to showcase Canadian content on their platforms.

This must change. I am so proud to represent the folks of Edmonton Griesbach, who are continuing to ensure that our city and our province can contribute across the country in ways and means that are going to protect their story, but alto make sure that they level the playing field and get financially supported for it.

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

June 13th, 2022 / 4:40 p.m.


See context

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, it is a pleasure, as always, to stand to represent my riding of Nunavut. I always appreciate my constituents' ongoing support and the feedback that they provide to me.

I will share my time with the member for Edmonton Griesbach. I always appreciate his great interventions in the House. He is such a great role model for young indigenous men and for all those who identify as two-spirit.

I am pleased to stand to debate Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. I have debated this bill and I am pleased that the New Democrats support this important bill. Having heard the debates since the bill was first introduced in February, I have maintained that it is an important bill that supports the broadcasting of indigenous content.

In Canada, the Inuit Broadcasting Corporation has been a leader in broadcasting Inuit content on television. It has broadcasted a lot of Inuit cultural content, as well as content in Inuktitut; by Inuit, for Inuit.

I think that this bill has the potential to ensure great Inuit content by online streaming providers like Uvagut TV and Isuma TV. Both of these online providers have already made a huge dent in information that is already available online. I am sure that Inuit TV, which will be a new broadcasting streaming provider, will also be able to share some great Inuit content, hopefully with a huge audience as well, especially if this bill is allowed to pass.

There are specific sections in this bill that directly lead to the support of indigenous programming. Without this bill, these important broadcasting and programming providers will continue to struggle with competing against web giants like Netflix. I appreciate the space provided in this bill to improve and update the Canadian broadcasting policy by clarifying that the system needs to respond to the needs of Canadians, and specifically to the needs of racialized communities and those who represent the diversity that Canada enjoys, including indigenous peoples.

What I would like to see discussed by committee are assurances that require broadcasters to broadcast indigenous languages, as this bill has a gap that needs to be filled to ensure that indigenous languages are also included.

I had the pleasure of sitting at PROC when it was studying the Elections Act. It was talking about the study on indigenous languages in Canada. We learned some interesting statistics about indigenous languages.

For example, there are 175,825 people who speak Algonquian languages. Manitoba has 21.7%, Quebec has 21.2%, Ontario has 7.2%, Alberta has 16.7% and Saskatchewan has 16%. As for Inuit languages, there are 42,065 people who speak Inuktitut in Nunavut and Quebec. There are 23,455 people who speak Athabaskan languages, with Saskatchewan at 38%, the Northwest Territories at 22% and British Columbia at 18%.

I am not going to go through this whole list, but I do want to highlight that there are hundreds of thousands of indigenous languages, and we need to do our part to make sure that we can help promote, preserve and revitalize them as Canadians. If we are to remain true to reconciliation, we have to ensure that we practise that in any bill that has an impact on all indigenous peoples.

I appreciate in addition that this act does address the concerns related to freedom of expression by stating that this act would be directly guided by ensuring that freedom of expression is understood and used in this bill. I have been surprised in past debates by concerns that freedom of expression would be restricted through this bill. I have stated that I do not think the bill would do that, given that it would promote and ensure that content that is important to Canadians, especially indigenous content, is allowed to be supported. We all know that in online streaming there is huge competition in mainstream Canada that does not create enough space for indigenous content to be incorporated into any of the airwaves that we are talking about.

Finally, I have very much appreciated the priority in ensuring that we all work together to make sure that we are doing what we can for all indigenous peoples, including first nations, Métis and Inuit, and specifically in this bill's support it so that not only are we ensuring well-being for our current indigenous peoples but are also focusing on protecting our indigenous cultures, including first nations, Métis and Inuit cultures, for the future.

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

June 13th, 2022 / 4:40 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I support so much of Bill C-11, but I am very troubled by the sections that I think need more work. I hate to see anything rushed through this place, and my friend from Lac-Saint-Louis will know that is my view.

In the past number of years, I have been so blissfully happy since I got married to John Kidder. I am suddenly related to Eric Peterson, who is my brother-in-law. My stepdaughter, Janet Kidder, is a serious actor who has been successful. There are parts of Bill C-11 that work for them.

The other day on a flight, just by coincidence, my colleague, the hon. member for Kitchener Centre ended up sitting next to the fantastic Stewart Reynolds, the comedian who goes by the name Brittlestar. He said to him, “I don't think the people who drafted Bill C-11 understand our industry of content created YouTubers. I don't think the bill has it right yet.”

I would do anything to see us get help to Canadian culture, to Canadian content and to our brilliant actors, directors and all the people who need to do the work for production without getting it wrong for the new and emerging sector that I have to admit I do not understand the way I understood Canadian content, as my friend talked about, when we started making sure radio had Canadian content.

The bill is not perfect. Why do we not work on it more?

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

June 13th, 2022 / 4:35 p.m.


See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, I am trying to get a better grasp of the question. It seems to relate to Bill C-18 on news content, the bill that will force web giants and traditional media to negotiate together and ensure that compensation is provided for the content used and paid for by traditional media.

I saw somewhere in Bill C‑11 that schools, for example, do not have to worry because they are exempt. I believe, although I am not certain, that this does not really have to do with community media.

Another clause in the bill states that it will not apply to a service that is too small. The CRTC will not have time to regulate the thousands of websites belonging to creators. Let us face it, the CRTC does not have the capacity to regulate all of that.

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

June 13th, 2022 / 4:15 p.m.


See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, this is the second time I am rising in the House to speak to this bill. I also spoke when Bill C-10 was introduced and first debated. I have been very interested in this subject for many years.

I would like to share an experience I had before I was elected. I was a legislative assistant to my predecessor, the well-known Quebec and Canadian politician Clifford Lincoln, who, at the time I worked for him, was the chair of the Standing Committee on Canadian Heritage in the 1990s. Mr. Lincoln is a visionary. He wanted the committee to undertake a fairly thorough, wide-ranging study of the Canadian broadcasting system. The study was spread over several meetings, over several weeks and months. In the end, the committee produced a huge document, an extraordinary tome, on Canada's broadcasting system. I think it was even used in some post-secondary courses, because it essentially became the bible on our broadcasting system.

We realized, even then, that the system was changing very quickly with the new technologies. The committee hired two researchers on contract for the adviser: an academic from the Université de Montréal and an academic from the University of Calgary. I remember that one of the academics, who was an expert, said that in a few years, everyone would be their own documentary filmmaker. He said we would have a device that we could use to film all sorts of things and create our own videos and our own high-quality films, real documentaries of everyday life. In fact, that is where we are now. The broadcasting system has changed extremely quickly.

This bill is essential if we want to adapt to new realities, and we need to adapt urgently. Franco-Canadian and Quebec culture are under constant pressure—obviously we all know that, it has been said in the House—by the cultural machine that exists for the most part in the United States. It is well funded, very powerful and it attracts a wide audience on a regular basis. That means there is enormous pressure on Canadian culture, including Quebec culture.

When the Conservatives constantly challenge this bill and, before that, Bill C‑10, they are not doing any favours to those who want to protect and promote Canadian and Quebec culture. By dragging their feet, the Conservatives, in my opinion, are harming our Canadian creators, including our Quebec creators.

We keep hearing from the Conservative opposition that Bill C-11 is a form of censorship and citizen control by the government, and that Canadians will somehow have their freedom of thought limited by seeing a streaming service menu with a smattering of Canadian works visible on it. I ask members to think back to the 1970s, when the federal government created the MAPL system for radio. Suddenly, we had to listen to a minimum percentage of Canadian music on the radio. Imagine: a kind of music dictatorship.

The boost to Canadian musical performances was significant after the MAPL system was instituted. By the 1990s, Canadian music artists dominated the charts around the world in multiple categories. Actually, by the 1990s, Canadian women music artists dominated the global market. Alanis Morissette, Shania Twain and Diana Krall come to mind.

We do not hear the Conservatives referring to the introduction of the MAPL system as the dark age of radio censorship by the Liberal Pierre Trudeau government. After all, unlike today, there was a limited of number of musical outlets available to access music then. There were no Internet-based music platforms, only a finite number of radio stations owned by corporations, not listeners.

Why did the Conservatives at the time not cry “censorship” or “lack of free choice”? Why did they not say, “We cannot choose what we want to listen to”, “There are no alternative sources”, “There is a limited number of radio stations”, or “If we want to listen to something else, we have to pay at the music store, which is a form of taxation”?

Why did the Conservatives not say, “Stop telling us what to listen to on the radio”? They never asked, “Why will these Liberals in Ottawa not let us listen to what we want?”, or “Why do we have to listen to The Band, The Guess Who, Susan Jacks, Robert Charlebois, Ian and Sylvia, and Michel Pagliaro, alongside the Rolling Stones, Led Zeppelin, Bob Dylan and so on?”

Do members know why? It is because the Conservatives had moderate and reasonable leaders in those days, such as Robert Stanfield, Joe Clark and Brian Mulroney. Do members know why the Conservatives do not object to CanCon in radio today? It is because they know Canadians love their Canadian music and Canadian music artists, and to attack Canadian music would be unpopular, even among the members of their base.

To say the government would be censoring the Internet through Bill C-11 is laughable. No, it is actually preposterous. Such talk creates unfounded fears, and it alarms Canadians for no reason. To say one can censor the Internet today is akin to standing next to Niagara Falls and saying that one can stop the massive and endless flow of cascading water. There is as much chance of the government being able to censor the Internet as there is of me capturing air with my hand, so let us stop the hyperbole and let us stop the antics. They are not worthy of this place.

I received an email from a constituent the other day who strongly opposes Bill C-11. They were obviously on the Conservative Party blast email list. I could tell by some of the themes that kept coming up. I wrote back to explain the facts about the bill, including the reference to charter guarantees in the body of the bill, so I think I will take a moment to read some of these charter guarantees.

It says this quite clearly in the bill:

10.‍1 For greater certainty, the Commission shall make orders under subsection 9.‍1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings.

It is here in black and white. It is in the law.

We can tell the opposition not to worry about it, that it is in the law and that all these guarantees are laid down in the law, but they will not believe it. They still send those emails to their supporters saying the Liberal government is trying to censor their thoughts and trying to influence the way they think for political purposes. It is in the law.

It says this as well, in proposed subsection 2(3), under “Interpretation”:

(3) This Act shall be construed and applied in a manner that is consistent with

(a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings

It is not even legalese. It is extremely clear, and even a non-lawyer like me can understand it.

When I wrote back to this individual, I also referenced the mandatory charter statement that accompanies all bills tabled by the government, a requirement, as members know, that was instituted by our Liberal government. This was not a requirement before 2015. At that time, when the government introduced a bill, there was no independent charter statement by Department of Justice lawyers, who have the professional responsibilities of integrity and calling it like it is. There was no independent charter statement on a bill, so we saw a lot of bills being introduced by the Harper government that really pushed the limits of charter rights.

I told the individual who wrote to me that the bill is an extension of the decades-old policy of taking measures to ensure Canadian culture is supported in a cultural marketplace dominated by a powerful cultural industry centred outside of Canada and whose priority is not, understandably, Canadian cultural content, to be honest. The person wrote back and said that if Canadian cultural products cannot stand on their own and if they cannot compete in the Canadian cultural marketplace, those products should be left to wither. I thought deep down that this is exactly the Conservative mindset when it comes to culture.

The problem with this view is that it is based on a naive conception of the marketplace and on how the marketplace works in today's reality. It is the ideological belief that today's marketplace is Adam Smith's marketplace: a small town square market where there are no power imbalances between buyers and sellers, and no one buyer, seller or small group of these distorts transactions and bends them to their financial interests. However, that is not an accurate description of the modern marketplace, and I think members will agree.

The fact is that whoever controls distribution controls the market. They control what the market has the opportunity to choose from and consume. This is true in the market for goods and services, which is why, as we know, the banks want to get their hands on insurance. They want to monopolize that market and make sure we buy insurance from them in addition to everything else. This is a normal impulse on the part of market actors, but it is the job of the government to make sure that there are measures in place to prevent this natural tendency toward market dominance from taking place.

In the cultural marketplace, the distributor decides what the audience will see. That is why we have worked so hard to maintain a Canadian-owned broadcasting system in Canada. It is about maintaining an independent distribution system for programming, domestic homegrown programming. If we did not have CTV, Global, CBC/Radio Canada and Télé-Québec, and only had ABC, CBS and NBC in the Canadian broadcasting space, none of the popular Canadian programs we have come to know and love over the years would ever have seen the day. It is that simple.

It is important to mention that streaming services are both distributors and producers. They therefore have an interest in showcasing their own content. The Internet and streaming services are, by definition, not traditional broadcasters, but they are distributors of cultural products nonetheless, and powerful and ubiquitous ones. There is no reason they should not contribute financially to the creation of Canadian cultural products. There is no reason they should not pay their fair share like everybody else.

It is time for the Conservatives to get on board, stand up for Canadian culture and creators and stop telling Canadians that there is a conspiracy to control what they see, think and feel. Such persistent efforts, in my opinion, are a nefarious form of disinformation, and that is why we are at this point here today where we have to get on with the bill. It is a bill that has covered two legislatures and time is pressing. The cultural sphere is galloping ahead with new technologies and new streaming services surrounding us and, of course, providing cultural content that we like to consume. It is not all going to be Canadian, but we should be able to see what the Canadian offerings are.

Somebody asked me the other day if I guessed this means that the CRTC, that great force of evil in the Conservative mind, is going to be writing algorithms for Netflix and Crave TV and whatever other streaming services that we have. The bill says, in black and white, on page 14 of the bill, “The Commission shall not make an order under paragraph (1)‍(e) that would require the use of a specific computer algorithm or source code.”

Why does the opposition not come clean and mention this in its speeches? It is here in black and white in the bill. The opposition does not care. Even if it is in the legislation, somehow it does not exist. Let us keep going with the talking points that we probably see, I do not know as I do not subscribe, in those blast emails that are moving around the cybersphere as part of the Conservative leadership campaign.

It is here in black and white in the bill. It is also in black and white that the bill does not apply to users of social media. I think it is time to move on. Canadian culture needs the support. It needed the support yesterday. It certainly needs it now. It is time.

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

June 13th, 2022 / 4:15 p.m.


See context

Bloc

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

Madam Speaker, I thank my colleague for her question. We worked on Bill C‑10. We consulted the entire creative industry, all the groups, all the associations. In the end, we failed because the Senate blocked it. We started over with Bill C‑11, which is more fleshed out. We tweaked a few details to keep everyone happy. We have been working on this for two years. An extra month will not change anything. Everyone has been consulted, everyone agrees and everyone is eagerly awaiting this. Everyone in the creative industry is waiting.

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

June 13th, 2022 / 4:10 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I completely agree with my colleague that this is an urgent matter for actors, creators, producers, and film and theatre directors, but I have a problem with one section of Bill C‑11 that I would like to change at committee. I think it would be better to have more days in July so we have enough time to do a proper study and give the creative sector what it needs as soon as possible.

What does my colleague think about putting in some more time here so we can do a good job on Bill C‑11?

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

June 13th, 2022 / 4 p.m.


See context

Bloc

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

Madam Speaker, I cannot believe that it is mid‑June and we are still debating the long-awaited bill to reform the Broadcasting Act. We have been waiting for 30 years.

My colleague, the member for Drummond, and his colleagues at the Standing Committee on Canadian Heritage almost managed to pass Bill C‑10, the first version of the current Bill C‑11, in the last Parliament. Our democracy and our work are dependent on royal assent, which was refused. We had to start over.

I applaud the very useful work done during the 43rd Parliament on the former Bill C‑10, which resulted in the current bill, Bill C-11, being more substantive. It has already been well-received by the creative industry. We therefore saved time.

However, today, I am getting the unpleasant impression that this is the same movie over again. All that does is fuel cynicism among Canadians. I wonder if those who are dragging this out by filibustering really care at all about culture itself, its creators, its broadcasters and its audience. The audience is worried there will be no new content. They are worried about losing their content creators, who are stretched thin. That would mean losing the thing that has been giving life to modern societies, all the way back into antiquity: culture.

For those watching our debates, I want to talk about the crucial steps involved in creating a finished work, or rather one that has been allowed to leave the nest. Indeed, a work is never really finished. It is a bit like raising children: We pour our love, values, time, energy and emotions into them, but there comes a time when we simply have to let them fly on their own, taking the best we have given them. A work of art is the same thing.

I could talk about creating a painting, a dance, a circus show or a sculpture, or writing a novel or a play, but my world is music. Music is what I know.

I know that all artistic endeavours go through essentially the same stages: research, development and creation of the idea through to final composition, preproduction, production, deciding where to release the work and how to promote it, marketing, and public performance. No matter the art or expression, there are many stages, all of them demanding.

It is important to remember that, for many singers and musicians, the creative process does not end with recording their music and songs.

Artists have to work on their instrument. Singers have to develop and refine their vocal technique. They have to pay a voice coach to help them manage their energy and polish their raw talent, just like professional athletes train to master their technique. It is hard work, and the best trainers are expensive.

Singers also have to develop their musical ability. Many accompany themselves on an instrument or two. Those musical instruments are pretty much essential tools for setting lyrics to music. The next step is a comprehensive creative process that unites words and music.

Some participate in workshops. Others are more self-taught. Still others call on the musical talents of veteran musicians. Eventually inspiration strikes. As if by magic, lyrics find their musical match, words weave their way in and out of chord progressions. That is the joy of creation.

Once the song is written, or rather, the songs are written, because it takes more than one to market an artist, some fine-tuning is needed. Artists have to surround themselves with good musicians and find a producer to finance the recording of the songs, since the basic vehicle for the art of songwriting is people hearing the songs. Some will invest the money and produce it themselves. Others, a very small percentage, might be able to access a few government incentives. Most—and I emphasize that word—are their own producers and will invest their own money, or worse, go into debt to try to break into a market that has become increasingly opaque.

Let us talk about the production stage. I will talk about my own experience, because it is mine, and it is the one I know best. I recorded one of my albums at my family's home in Isle-aux-Coudres. I wanted my collaborators and the musicians to be captivated by that majestic river, which I wanted to celebrate in song. I was hoping the setting would enrich their musical performance and therefore further enhance my songs.

My father, who had always been a bit skeptical about this whole singing business, and who thought, like many people, that it was easy, fun and simple to make music if you had a bit of talent, was genuinely amazed at the science behind the recording process and the amount of time it requires. When he saw that it took half a day just to balance the drum and bass levels, he could hardly believe it.

For a good week we worked on guitar, violin, the accordion, keyboards and vocals. We started the preproduction; we played all the songs to become familiar with them, to find the sounds and harmonies, to find the right instruments for each song. Then we were finally ready to record.

Each song has its own universe. We start by recording a guiding vocal track. It is not the final vocal track; it is just the one that will guide the musicians. Then we record one by one and we record the final vocals and the vocal harmonies that support and enhance the whole work. We do all that for the 10 or 12 songs that will be part of the album that we hope will be the best one of our lives.

Is that it? No, far from it. Then each song needs to be mixed, because all these sounds need to have a pleasant balance and appropriate audio to make it pleasing to the ear, which will drive the rest.

After the mixing, is it done? No, not at all; then comes the mastering, what we call matriçage in French. We need a master in the art to ensure that every volume is appropriate for the different broadcasting forms, either the radio, headphones or outdoor broadcasts, at low decibel levels or high decibel levels. It is an art and it is expensive.

Is it done? No, not yet. The next step is to find a graphic artist who will be able to showcase the entire work and create an attractive presentation for a CD booklet, the cover for a vinyl record, which is my favourite medium, or the visual accompaniment for the music on streaming platforms.

Now is it done? No, not yet. The artist still has to get their music out there by hiring a manager or an agent, as the case may be, to promote the album to various broadcasters and promoters. It is of course imperative to create a show in order to bring the work to life. Then the process starts all over again: looking for a venue, a sound technician, a lighting technician and a stage manager, finding some available musicians and putting on a show. If, and only if, the work is a success with the public will the artist earn a little income from the process.

I have to emphasize that regardless of the artist's popularity, it is only if streaming platforms have copyright and reproduction rights obligations that all these efforts and the financial risk taking will be compensated with a small amount of royalties.

That is what creating involves. Creators are resilient, patient and firmly convinced that their works play an important, not to say fundamental, role in the social universe of the community.

The last time that I rose in the House to speak to Bill C‑11 was 34 days ago.

According to the former minister of Canadian heritage and current Minister of the Environment and Climate Change, for every month that goes by without passing this bill, creators lose roughly $70 million. Using cross-multiplication, we can calculate that the creative industry has lost a little over $78 million since my last speech. Since the beginning of this Parliament, our culture and its content creators have been deprived of $1.33 billion.

We cannot wait any longer to pass Bill C‑11. The survival of our artists, the very essence of our cultural past and future, has been hijacked by these political squabbles. We need to stop treating creators like drones that create art to entertain us. Yes, they do entertain us, but that is their job. It is a demanding job that requires a lot of discipline and courage. It is also, above all, how they earn their living.

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

June 13th, 2022 / 1:45 p.m.


See context

Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, first of all, I am going to share my time with one of my Bloc Québécois colleagues.

It is a pleasure to speak to Government Business No. 16, which is for Bill C‑11. Unfortunately, it is not exactly a great pleasure because it feels like Groundhog Day. We went through essentially the same thing with Bill C‑10, which was introduced in the previous Parliament and was kind of hit or miss as far as the wording went. A lot of work was done. A year on, I feel like we are still bogged down for various reasons that are not necessarily the fault of a single person. All parties contributed to the delays in modernizing the Broadcasting Act. The problem is that, in the meantime, artists and small radio stations and media outlets are suffering and struggling to survive in this high-tech world.

I would like to begin my speech with a look at the current situation. A year has passed and, not surprisingly, the situation is no less urgent. In an article in La Presse just this morning, Alexandre Sirois wrote about the “digital barbarians” that have to be reined in. Here is what he said:

A bill like this to rein in the “digital barbarians” is long overdue. Alain Saulnier uses that colourful expression as the title of a very relevant essay in which he explains the massive devastation caused by companies like Netflix, Amazon, Apple and Google.

The journalist explains that the fate of local culture on the web giants' platforms is quite similar to that of the soft drinks that are relegated to the bottom shelves in grocery stores because the big brands monopolize the best spots.

“That is why access to our content, its discoverability, is the most important issue for the future of all non-U.S. cultures.”

Discoverability is at the heart of this matter. It reminds me of a little anecdote. I was fortunate enough to be part of a delegation abroad recently, along with some of my colleagues from English Canada. Something really struck me. When we were talking about culture and what we watch on TV and listen to on the radio, I noticed that there were almost no common references between Quebec culture and English Canadian culture. Our common references are to American culture. This illustrates how global U.S. culture has become and what a strong impact it has on other cultures, to the detriment of our local culture.

We need to urgently legislate the broadcasting situation because of the repercussions it is having on small players in a context of globalization and the Internet, which is an ever-growing presence in our lives.

Some reports published in 2020, including one by the Canadian Association of Broadcasters, or CAB, projected losses for radio and television broadcasters to the tune of $1.6 billion between 2020 and 2022. That is major. CAB also mentioned that, in the six months following the 2020 report, there could potentially be 50 radio stations at risk of closing and no fewer than 150 more in the next 18 months. That represents a potential loss of 2,000 jobs, or the equivalent of roughly 24% of the jobs that existed in 2019.

Revenues are down across the board. Roughly 40% of private stations have posted a negative net income over the past few years. It is a disaster. This is a huge loss of $336 million between 2010 and 2020 for general television networks. Things are not going very well at all. We also know that this erosion is having an impact on local content in traditional media to the benefit of everything that is on the Internet. Roughly 52% of audiovisual content produced in Canada is not Canadian content. We import a tremendous amount of products because our products are less discoverable.

In this context, production by francophone minority communities is only 4%. Meanwhile, the digital platforms are thriving, but our local content is not on those platforms because of the discoverability issue. Only 2.7% of the 10,000 most popular songs on digital platforms are French songs, so there is also a linguistic aspect that is worrisome here.

I am not saying that Bill C-11 is perfect. Some parts could be improved, or have been improved compared to Bill C-10. One of the issues that the Conservatives were particularly concerned about was algorithms, and that has been addressed. With the first version of Bill C‑10, the CRTC would have been able to intervene and require businesses to change their algorithms to improve discoverability. That was taken out of Bill C‑11. I would say that may be a good thing because, at this time, we may have a tendency of being more preoccupied with the letter of the bill than the spirit. The bill now better reflects the spirit. We want local content to be more discoverable, but we will let the companies determine how to achieve that through advertising, suggestions or other means.

People have mentioned and are still mentioning that there are concerns about the platforms that could be included. The bill does not set out which platforms are included and which are not. Things are being left open so that more platforms could be added in the future. I tend to think that might be a good thing because the bill needs to be adaptable, given how quickly things change in the online realm.

Finally, some definitions may not be clear. The bill is perhaps not perfect, which is why it would be a good idea to give members more time to work on amendments in committee. However, I understand that the Conservatives have been filibustering and putting up roadblocks. I would have liked to talk more about this, but I do not have much time left.

I do want to say, however, that what the Conservatives are unfortunately doing to interfere in this file is a tremendous act of bad faith. The Bloc Québécois recently moved a motion on what happened at Hockey Canada, and the Standing Committee on Canadian Heritage must be the one to look into these allegations of assault. The committee members proposed adding hours so that we could deal with both issues at the same time, but the Conservatives refused. This shows that they are more interested in wasting time than anything else.

There was also a motion to allow the Standing Committee on Canadian Heritage to travel. At the same time, the Conservatives denied approval for the foreign affairs committee to travel, showing once again that this is a tactic to waste the House's time. Conservative members claim that there is not enough time to hear from witnesses, but when asked how many witnesses would be enough, they are unable to provide a number. This, even after the committee already heard from a number of witnesses, including some YouTubers who came to testify in committee not once, but twice.

That said, the Liberals are not beyond reproach either. The time that was allocated to debating Bill C‑11 in committee could have taken place between June 2021 and February 2022. Last June, we knew that we were on the verge of an election, which is why the Bloc Québécois supported a closure motion that was much more restrictive than this one. The super-closure motion we are debating today makes the seven other motions recently voted on in this place look like mere technicalities.

If the House had not shut down for an election, we probably would have been able to get Bill C‑11 through third reading, get it through the Senate and get it passed. All of the time we lost from June to February is much longer than the time that the Conservatives have wasted here in the House.

No one is without blame here. One side is unfortunately systematically obstructing our work. I can understand, to a certain extent, the use of some form of closure on this matter. This is why the Bloc Québécois voted in favour of closure on Bill C‑10 the last time, in a completely different context, because we knew that we were headed into an election.

That does not justify this closure motion, which is much broader and less appropriate given the urgency. In fact, we know that even if we vote in favour of closure now, the bill will not make it through the Senate in time, since there will only be a few days left for the Senate to sit after the motion has been passed in the House, most likely around June 20, 21 or 22, depending on how things are going, and if there is another filibuster.

Unfortunately, no one is without blame here. As I said at the outset, the two main parties in the House keep this going like Groundhog Day. Sadly, the ones who are paying the price are our small traditional media.

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

June 13th, 2022 / 1:40 p.m.


See context

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I am so tired of hearing the Conservatives spout lies about Canada's arts industry. I cannot take it any more. I have spent so many nights here working on Bill C-11 until midnight and listening to the same speeches about censorship and freedom of expression, speeches about things that have never been proven, that do not exist. The only place those things exist is in the Conservatives' parallel universe.

This nonsense needs to stop. We need to help Canada's arts community. Everyone agrees.

If we accept the Conservatives' premise and do not pass Bill C‑11, what is the Conservatives' solution? What will they do?

We are not saying that it is perfect. However, if we do not go ahead with Bill C‑11, what will the Conservatives do to help our artists in Quebec and Canada?