Pablo Rodriguez Liberal
This bill has received Royal Assent and is, or will soon become, law.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Pablo Rodriguez LiberalMinister of Canadian Heritage
Mr. Speaker, the government has said yes to various demands made by Quebec. We are working with Quebec. What Quebec wants is to see Bill C‑11 passed for the music, film and television industries.
The Conservatives, who have filibustered the bill the entire time, have suddenly woken up to say that culture is important. Since when has culture been important to the Conservatives? They could not care less. Our government will be there for our artists despite the Conservatives.
Pablo Rodriguez LiberalMinister of Canadian Heritage
Mr. Speaker, I do not think my colleague understands what he is talking about.
If he is talking about Bill C-11, it is simply asking streamers to support Canadian culture. If he is talking about C-18, it is simply asking the web giants to support independent journalism.
One thing remains: the Conservatives keep filibustering things that are absolutely essential for Canadians. If they do not want to help, they should stay out of the way and let us do the job.
Tracy Gray Conservative Kelowna—Lake Country, BC
Mr. Speaker, Canadian artists are succeeding on digital platforms with the support of fellow Canadians and from viewers around the world without Bill C-11.
The Liberals' plan is to regulate user content-generating websites, like YouTube, where hundreds of thousands of hours of video content are uploaded every minute. Canadian artists, legal experts and digital content producers are speaking out against Bill C-11, yet the Liberals are not listening. What we see and search online now is different from what we would have after the bill and after the Liberal gatekeepers put regulations in place that would change online algorithms.
Bill C-11 represents yet another example of the Liberals' waste of time and public resources in the name of demanding more control and power over Canadians. In a free and democratic country like Canada, the government should not tell us what we can and cannot see on the Internet. We need to kill Bill C-11.
James Bezan Conservative Selkirk—Interlake—Eastman, MB
Madam Speaker, I have a lot of trouble putting any confidence in the Liberal government. It took seven years for it to ban Huawei. It is a government that sat on its hands and did nothing about cybersecurity for the past several years. I know this is a government I cannot trust. When I look at Bill C-11, the Liberals are now trying to censor Canadians online. They are trying to control what people see online, which violates charter rights, especially when it comes down to freedom of expression, freedom of association and the ability to actually have discourse online about our political situation in Canada and around the world. When the Liberals try to put veils over certain parts of our information system, I have to be very concerned.
I look at Bill C-21 and how the Liberals have gone after responsible firearms owners like hunters, sport shooters and farmers. To me, that builds no trust in the government to get the job done.
Rob Morrison Conservative Kootenay—Columbia, BC
Madam Speaker, in the last several months, we have seen accountability raise its head here in Parliament with Bill C-5, Bill C-75 and Bill C-11. Without accountability, it is as though the government does not actually care what we are doing because with a majority government, the NDP and Liberals can make decisions based on what they think is right and there is no accountability.
With Bill C-5, the evidence is not there. Bill C-21, taking legal guns from legal gun owners, is another non-evidence-based process. With Bill C-26, which we are talking about today, it is time that we start building in some processes for accountability so the government is actually accountable for what it is doing.
Gerald Soroka Conservative Yellowhead, AB
Madam Speaker, I think there is some confusion as to what we do and do not stand for. I believe there are a lot of opportunities in Canada when it comes to online streaming and how we can get our products out to market. However, when we start talking about Bill C-11, we start talking about censorship and what can or cannot happen here in Canada. Everyone talks about how we are going to protect the rights of our artists, but I am very concerned about the time when the censorship starts taking place and Canadians actually start understanding there is going to be content that would not be allowed to be viewed. I sure hope the member is right that there will not be such censorship, but I am afraid he could be mistaken.
Denis Trudel Bloc Longueuil—Saint-Hubert, QC
Madam Speaker, I agree somewhat with my colleague. Sometimes, the Conservatives want their bread buttered on both sides, especially when it comes to cybersecurity or Internet bills. They support the principle, but oppose the intervention. It is difficult for them to find the right balance.
My colleague did not address the concerns. He spoke instead about Bill C-11, which is a very important bill for the promotion of French content on the Internet, but which was blocked by my Conservative friends.
Over the past two break weeks, I spoke with many Quebec artists. The Union des artistes fervently hopes that Bill C‑11 will pass so that French content will be promoted on line. It is extremely important. However, the Conservatives are stonewalling. They did so in committee, and even now, they are delaying the work in this place.
How does my colleague feel about the fact that all Quebec and francophone artists across Canada are against his party?
Gerald Soroka Conservative Yellowhead, AB
Madam Speaker, I will be splitting my time with the member for Kootenay—Columbia.
I am pleased to rise in the House today to speak to Bill C-26, the critical cyber systems protection act, introduced in June 2022 and split into parts 1 and 2. The former aims to amend the Telecommunications Act to include:
the promotion of the security of the Canadian telecommunications system as an objective of the Canadian telecommunications policy and to authorize the Governor in Council and the Minister of Industry to direct telecommunications service providers to do anything, or refrain from doing anything, that is necessary to secure the Canadian telecommunications system.
The latter outlines the introduction of the critical cyber systems protection act, which would create a new regulatory regime requiring designated critical infrastructure providers to protect their cyber systems.
I would like to emphasize that the safety and security of our telecom industry, with particular reference to foreign adversaries such as the Beijing Communist Party, has been a broad theme in communications lately. This is especially concerning the controversial Bill C-11, the online streaming act, or, should I say, government censorship, and new revelations from the Canadian Security Intelligence Service, CSIS, flagging election interference from those involved with the Beijing Communist Party.
We Conservatives believe it is of paramount importance to defend the rights and interests of Canadians from coast to coast to coast. Thus, Canada's national security should be strongly well equipped to be prepared for cyberwarfare threats that could be presented by emerging digital technologies, intelligent adversaries or authoritarian artificial intelligence.
The NDP-Liberal government has had a long record of denying Canadians the truth. Instead of protecting their rights and freedoms, the government uses deflection tactics to divide Canadians, pitting them against one another to distract from the real issue: that the NDP-Liberal government has been too slow to address cyber-threats. For this critical lack of action, Canada has seen several serious incidents occur with no substantive legislative response for over seven years. After years of chronic mismanagement and utter failure, it is time for the government to step aside and let the Conservatives turn Canadians' hurt into hope.
We support the stringent and thorough examination of this legislation. We will always defend and secure the security of Canadians, especially with regard to cybersecurity in an increasingly digitized world. There is a pressing demand to ensure the security of Canada's critical cyber-infrastructure against cyber-threats. Let us not forget that these very systems lay the foundation of the country as a whole. It is these cyber systems that run our health care, banking and energy systems, all of which should be guarded against the cybercriminals, hackers and foreign adversaries who want to infiltrate them.
Akin to several other Liberal ideas, a number of aspects of this bill require further review, and it should thus be sent straight to committee where it can be further dissected and refined to ensure that all flaws are addressed. One can only imagine the disaster that a hospital system crash would add to the already horrible wait times in emergency rooms and shortages of medical professionals thanks to the NDP-Liberal government. The results would be disastrous. Furthermore, disruption of critical cyber-infrastructure in health care can bring severe consequences, such as enabling cybercriminals to access confidential patient health care information.
While we understand that it is imperative to provide the resources necessary to effectively defend against cyber-threats, it is still equally important to ensure that the government does not overreach on its specified mandate through Bill C-26. A research report written by Christopher Parsons called “Cybersecurity Will Not Thrive in Darkness” highlights some recommendations to improve Bill C-26. Among these recommendations is an emphasis on drafting legislation to correct accountability deficiencies, while highlighting amendments that would impose some restrictions on the range of powers that the government would be able to wield. These restrictions are critical, especially concerning the sweeping nature of Bill C-26, the critical cyber systems protection act, as outlined in parts 1 and 2, which I have explained in my opening statement.
The sweeping nature of this legislation is not new, particularly for the Liberal government. It even goes back to Bill C-11, the online streaming act, which essentially placed the Liberal government as the online content regulator controlling what Canadians see or listen to online. If members ask me, the government policing what Canadians view online is a cyber-threat in its own way, but I will not get into that right now.
There are other flaws in Bill C-26 that I would like to highlight, which brings us back to having Bill C-26 closely reviewed in committee.
In terms of civil liberties and privacy, some civil liberties groups have flagged serious concerns regarding the scope and lack of oversight around the powers that may be granted to the government under Bill C-26. In September last year, the Canadian Civil Liberties Association, along with other groups, released a joint letter of concern regarding Bill C-26, highlighting that the bill is “deeply problematic”, like several other questionable Liberal policies. They went on to further explain that Bill C-26 “risks undermining our privacy rights, and the principles of accountable governance and judicial due process”.
From an economic perspective, the bill lacks recognition of foreseeable impacted enterprises, such as small and medium-sized businesses, which will undoubtedly bring forth unintended consequences. According to the Business Council of Canada, some concerns include the lack of transparency seen through the one-way sharing of information. This brings about serious concerns. Operators are required to provide information to the NDP-Liberal government, yet those same operators are not entitled to receive any information back from the government or other cyber-operators. This whole information-sharing regime is lacking and, simply put, completely misses an opportunity to implement a transparent information-sharing system that would benefit all parties involved.
There is also concern regarding government overreach. Considering what powers would be granted to the government to order what a telecommunications provider has to do under Bill C-26, I would have expected to see sufficient evidence to support this overreach. However, that was not addressed at all, if not vaguely, in this bill. This, on top of blatant disregard for the recognition of privacy and other charter-protected rights, proves how the government only cares about granting itself more and more power, even in the face of blatant transparency and accountability concerns like election interference or the Bill C-11 censorship bill.
I only highlighted a few of the several highly valid concerns regarding this critically flawed bill. Obviously, it is important to defend national cybersecurity and defend against cybercriminals or foreign threats. However, there is a fine line between upholding the best interests of Canadians and just using another faulty bill as a power grab for the NDP-Liberal government, despite concerns regarding cyber systems, privacy and security infrastructure.
We Conservatives believe that it is of paramount importance to truly defend the rights and interests of Canadians from coast to coast to coast. One of the best ways this can be done is by securing Canada's cyber-infrastructure from attacks. While we welcome the idea of protecting the interests of Canadians in terms of cybersecurity, we want to flag that Bill C-26 has some highly concerning content that should be closely reviewed and discussed in committee to correct flaws and prevent potential overreach from the NDP-Liberal government. In the interest of protecting Canada's cyber-infrastructure, we must also guard against the sweeping government powers outlined in the critical cyber systems protection act.
Martin Champoux Bloc Drummond, QC
Thank you, Madam Chair.
To start, I want to say that I agree with Mr. Julian's proposed amendment, which we can't describe as a favourable amendment, because that doesn't exist.
I also agree with Ms. Thomas's proposal, meaning that under normal circumstances, we certainly would have started by inviting Google's representatives. However, in the current context, given the apparent manoeuvring Google engaged in recently, time is short and we want answers quickly. It's rather worrisome. There are some very significant questions to ask, in my opinion.
We are seeing Google use tactics that look like the strawman their representatives brandished during study of the bill. They claimed, for instance, that by passing Bill C‑18, the government would be supporting disinformation. They also argued that the government was giving itself the right to decide what Canadians could and could not see. That argument came up often during study of Bill C‑11.
What Google is currently doing, meaning limiting certain content, is very frightening to me. I find it extremely worrisome. I want to quickly know the real reasons for this operation. It looks more like bullying to me than a business strategy. I also want to know the criteria used to select content Google planned to block or authorize. I find those questions extremely worrisome.
It's not like Google to act this way. I remind you that, even though the company was opposed to implementing this kind of legislation, it always said it would comply with regulations in place, as it does in all the countries around the world where it does business. I find it very worrisome to see Google act this way.
I think we have to summon Google's representatives as quickly as possible, so that they can explain their actions. For me, there's no doubt about it.
Chris Bittle LiberalParliamentary Secretary to the Minister of Canadian Heritage
Mr. Speaker, the Canadian heritage committee has been discussing this for a year, in both the House and the Senate. The hon. member has been absent and has just taken notice of it this week, after the past year of debating it.
In Quebec, artists have called upon the government, and the Quebec National Assembly has twice called upon Parliament, to expedite Bill C-11, but all we have seen from the other side is delay, blocking and filibustering. There have been no solutions from the other side.
It is amazing that the member has stepped up this week to say that he cares, when over the last year he has been silent.
Gérard Deltell Conservative Louis-Saint-Laurent, QC
Mr. Speaker, I encourage the government to be a bit more consistent. First my colleague says that we are filibustering, and then he says that we have done nothing, that we are asleep. It cannot be both.
In any case, what we have done is neither one nor the other. We have done our parliamentary work.
As we speak, the National Assembly of Quebec is asking to be heard by this government on Bill C‑11, to ensure that Quebec has a voice.
If the Bloc Québécois is okay with giving the federal government all of the power, that is its choice. However, we want Quebec to be heard.
We have been asking for this for five days now. Will the government hold a parliamentary committee meeting to listen to Quebec and also to review the Senate amendments?
Canadian HeritageOral Questions
February 17th, 2023 / 11:55 a.m.
St. Catharines Ontario
Liberal
Chris Bittle LiberalParliamentary Secretary to the Minister of Canadian Heritage
Mr. Speaker, today we learned that 240 jobs have been cut in the media sector in Quebec. That is 240 families that have lost revenue they were counting on. Our hearts are with them.
This is happening too often. It is time that tech giants pay their fair share toward our culture. It is time to level the playing field. Bill C-11 is about that.
What have the Conservatives been doing the last year? They have been filibustering. The hon. member's own seatmate acknowledged in the House of Commons that she has been filibustering this whole time.
Where has the hon. member been this last year to stand up for Quebeckers, Canadians and artists across the country? He has been absent.
Gérard Deltell Conservative Louis-Saint-Laurent, QC
Mr. Speaker, the Quebec National Assembly has twice asked to be heard by this government on Bill C-11. However, with the Bloc Québécois's support, co-operation and complicity, the feds just do the work by themselves.
The government is maintaining its extremely centralizing, unilateral and heavy-handed position of giving the federal cabinet more powers to tell Quebeckers what the CRTC will let them watch.
Maybe the Bloc Québécois agrees with that, but we do not.
Will the Bloc-Liberal alliance finally let the Government of Quebec be heard?
Dominique Vien Conservative Bellechasse—Les Etchemins—Lévis, QC
Mr. Speaker, this week, Quebec expressed its concern about Bill C-11 by sending the government a letter and adopting a unanimous motion.
Quebec's request is simple. It wants a provision to be added to Bill C-11 that will require the government to consult Quebec on the CRTC's potential responsibilities. The response from the Bloc-Liberal alliance is a hard no.
We, the Conservatives, are bringing Quebec's legitimate request before the House.
The question is very simple. Will this government agree to convene the parliamentary committee to debate Quebec's proposal?
Jacques Gourde Conservative Lévis—Lotbinière, QC
Mr. Speaker, the National Assembly of Quebec is calling for changes to Bill C-11 and Bill C-5.
This involves the ministers of Canadian heritage and justice. These two bills have the support of the Bloc-Liberal alliance and go against the direction the Government of Quebec wants to take.
Will our two ministers, who are Quebeckers, shamefully supported by the Bloc Québécois, refuse to provide Quebec the help it is looking for and thereby deny the existence of the Quebec nation?