Bill C-11 (Historical)

Online Streaming Act

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

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

Instruction to the Standing Committee on Canadian Heritage

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, I want to begin by addressing the opposition member's concern about wanting to spend time on amendments to Bill C-11. I think that is a valid concern, and I believe that the committee has had ample time. What we in the government benches, and what I as a member, would like to see is that we get to the amendment stage, that we get to clause-by-clause and that amendments are put forward, and that we are able to discuss those amendments and then vote on them. That is the crux of the issue that we are looking at right now.

As has been mentioned here before as well, the committee and the members at the committee had agreed to 20 hours of witnesses. The members of the committee agreed to this: It was not the House or the government. It was the members of the committee. They have, since then, seen over 20 hours of witnesses.

I believe, from the debate that we hear from the Conservatives, that they have ample reasons to bring amendments forward. That is their right. We would like to see those amendments. We would like to discuss them and vote on those amendments. The previous motion, and now the opposition's motion, just do not seem to make sense. It seems like these are more delay tactics, rather than getting to the amendment stage, which we would desperately like to see.

There was also the issue of Hockey Canada brought up, and that the Conservative members on the committee would like to get to that issue, as well.

I would like to clarify that the members on the committee I have spoken to have said that there was an offer made to study that in parallel, and an offer to even sit on non-sitting days and get that important work done, but there was a filibuster by the Conservative members on the committee and nothing got done. The issue of Hockey Canada was not dealt with, nor was the issue of Bill C-11 thoroughly dealt with, so I really would request that the members reconsider this motion and really get to the stage that is important for all Canadians and especially our artists and content creators.

Another thing I would like to touch upon is the constant referral to the bill limiting freedom of expression or freedom of speech, or somehow being anti-democratic. It is absolutely not that. For decades, our system here has guaranteed creation for Canadian content creators when it comes to TV and radio: all of those platforms that we grew up with.

This is nothing new. We have always had legislation in place that made sure the CRTC was there to oversee our content, our networks and our cable providers. This is now just an extension of that.

There has not been an update to this legislation for a long time, and we know that today not many of our constituents, and probably not many of us in the House, are watching content in the traditional way we grew up watching it. We are watching it on streaming devices; therefore, it is crucial that we make sure that our laws are applied equally to radio and television, as they should be, and to streaming networks such as YouTube, Crave, Netflix and so many different networks that are out there that we are consuming content from.

I think it is really important that we make sure that these networks contribute to Canadian content, and make sure that bilingualism is respected in the country, as well as our indigenous communities and heritage. Without having these types of regulations to begin with, we would have missed out on incredible content that we have grown up watching.

Kim's Convenience is a more recent show that I know many of my friends appreciate very much. It has allowed Canadians to experience the diversity that we have here in Canada, and to share true Canadian stories that we can relate to.

That is a story, in particular, that I can relate to because of the immigrant struggle that my parents faced: having a small business while keeping their culture, staying connected to their roots and raising a young child within the Canadian context. It is a brilliant show, as is Schitt's Creek. Many members have probably appreciated the story that it has brought of inclusion and acceptance. Those stories are really important. They are the stories we want to be able to share with Canadians and make sure these platforms do their part in sharing those stories.

That is the crux of what this legislation is about. It is not about muzzling people or making sure their content does not get out. It is about commercial content. I want to be very clear that commercial content is different from user content. For instance, the member for Regina—Qu'Appelle, just the other day, put a video on Twitter talking about how Bill C-11 is a scary piece of legislation that is somehow going to remove the very video that he put on Twitter to talk about this legislation. Of course, that video is still there and even after this legislation is passed, it will still be there because this legislation has made an exception and carved out freedoms for those who are creating user content. On any social media platforms such as YouTube or Facebook, which many members of Parliament use, those types of posts and content will not be affected.

This bill would make sure that the CRTC and any of its advice does not muzzle freedom of speech or impose any restrictions on the people who—

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I have some questions for my hon. colleague because he said he has been following the deliberations of the heritage committee. He knows that the committee had the equivalent of over five weeks' worth of witnesses, that the committee was going to call additional witnesses but the Conservatives blocked that with a filibuster and that all other parties and all other members of the committee have filed their amendments. For a couple of weeks we tried to move forward, but the Conservatives refused, and the amendments were all filed last week.

The Conservatives also blocked having hearings for the very serious allegations that have come up regarding Hockey Canada. These are very serious allegations of sexual assault, and the Conservatives blocked those hearings, which would have been held next Monday and Wednesday, from being voted on. It is a very curious and very destructive strategy the Conservatives have adopted at committee in refusing to do their work and put in amendments, and in refusing and blocking witnesses.

With all of that as a background, my question to my colleague is this. We have heard Conservative MPs say that somehow Bill C-11 is linked to the government following people on cellphones and to censorship, none of which is in the bill at all. Why did Conservative MPs not read the bill before we had the consideration we have had over the course of the last few weeks?

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, I am a little perplexed about the motion that has just been moved and need a bit of clarification. The member acknowledged himself that the Conservatives have been opposing committee travel. Now, all of a sudden, for a study on Bill C-11 that they have spent an extended amount of time on, with over 20 hours' worth of witnesses, they would like to see travel.

Can the member please explain this 180° turn?

[John Brassard, Conservative, Barrie—Innisfil, ON]

moved:

That it be an instruction to the Standing Committee on Canadian Heritage that, during its consideration of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, the committee be granted the power to travel throughout Canada to hear testimony from interested parties and that the necessary staff do accompany the committee, provided that the travel does not exceed 10 sitting days.

Mr. Speaker, I want to thank my hon. colleague from Renfrew—Nipissing—Pembroke for seconding what I believe to be a very important motion.

As members are aware, Motion No. 16 was presented today. It is basically a draconian way of dealing with issues and matters of the House by the government. It is a way of stifling debate. It is a way of silencing the voices of millions of Canadians who sent their elected representatives here to Ottawa.

Bill C-11 has been universally panned, for lack of a better word, by content creators and others who are concerned about censorship on the Internet and concerned about content creation. We heard this morning the member for Perth—Wellington give a very good description of some of the concerns with this bill.

Effectively, what Motion No. 16 has done is basically taken the work out of the hands of the committee on this extremely important bill. The government is ramming it through, with the help of its NDP partners, in order to get it passed through Parliament without addressing many of the concerns that are being brought up by those who, as I said earlier, are expressing significant concerns about issues related to censorship.

I have been hearing from my constituents on this. Over the last two or three days, Canadians have become increasingly engaged on this issue. They are finding out what is going on.

Similar to a previous iteration of this bill, Bill C-10, Canadians are concerned. In fact, I would suggest they are more concerned about what is going with Bill C-11 and the impact it is going to have on their ability to see what is on the Internet and produce what is on the Internet. There are concerns, as we heard, as to the power the bill gives the government and the censorship role it gives to the government. It contributes, in my opinion, even more to what we see as a decline in democracy here in Canada, whereby millions of voices, including the Speaker's voice, is silenced as a result of draconian measures.

What this motion would do is allow the committee to travel across the country to hear from those who it has not heard from before. This motion is important because the Conservative opposition has said we are not going to agree to committee travel. The motion highlights the importance of hearing from those in Canada who are extremely concerned about this bill and the censorship it can create. It would allow the committee to do its work, function properly and hear the voices that are being silenced in this place. “Parliament” comes from parler, or “to speak”, yet we are being silenced on this bill.

There is another interesting part to this. I have been watching closely the deliberations at the heritage committee and have been speaking to our shadow minister of heritage about the level of dysfunction that has been created as a result of the chair of the committee not coming to Ottawa and being on Zoom. It speaks to the overall dysfunction of this place. Hybrid Parliament is having such a tremendous impact on the ability of the committees to do their work, and there are health implications for the people who work here, namely the interpreters.

In my opinion, it is time for hybrid Parliament to end. We need to get back to normal. That forms the basis of every argument we have been making in this place.

I am moving this motion in the hopes that we can allow the committee to have its deliberations and speak to Canadians who are concerned about government censorship and the impact this bill will have. We need the support of Parliament to allow the committee to do its job.

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

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, the member for Northumberland—Peterborough South says there cannot be more, but there is more, unfortunately.

The government has tools available to it in the House to force through legislation. On motions it can use what is called closure, and on pieces of legislation it can use time allocation. That is the traditional process. If Bill C-11 were to be reported back to the House and the government felt that it was not proceeding as fast as it would like, it could move time allocation. However, it did not. At least with time allocation there is an opportunity to put questions to the minister for a period of 30 minutes. It is not a lot and it is not sufficient, but at least there is a process. Motion No. 16 pre-emptively time allocates this piece of legislation before clause-by-clause happens, before the process even begins.

I want to quote paragraph (b) of the motion. It states:

not more than one sitting day shall be allotted to the consideration of the bill at report stage, and that, 15 minutes before the expiry of the time provided for Government Orders that day, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment

That means one day for Bill C-11 at report stage.

Canadians listening at home may not quite grasp the severity of this provision. In the House, there are certain days of the week when government orders are debated for a lengthy period of time, for multiple hours. Sometimes when the government moves time allocation, it will say five hours. This is still, in my opinion, not enough time for an important piece of legislation, but five hours is more than what is foreseen for this piece of legislation.

If Bill C-11 is called before the House at report stage on a Wednesday afternoon or on a Friday, there will be not more than two and a half hours of debate in the House on each and every report stage amendment that may be brought forward. There is no discussion to extend hours. There is no discussion of additional time for Canadians to hear from their elected representatives.

I know that in my caucus, my Conservative colleagues want to discuss this bill. Many of them have eagerly volunteered to sit in on deliberations at the Canadian heritage committee because they have an interest in this piece of legislation. However, they have not had a chance to speak to it in the House of Commons. Why? It is because at second reading the government moved time allocation and they did not have a chance to speak.

My friend from Cumberland—Colchester is here today listening intently because he wanted to speak and did not have the chance. It is the same for my friend from Beauce. He has not had a chance to speak to this piece of legislation, and neither has my friend from Calgary Signal Hill. Each of them has been denied the opportunity to speak to this bill, and now they will be pre-emptively denied the opportunity to speak to the bill because of the limited time available for it.

That is not all. The final paragraph of this motion time allocates the bill at third reading. Paragraph (c) of Motion No. 16 states:

on the day the bill is considered at the third reading stage, the ordinary hour of daily adjournment shall be midnight, and that, 15 minutes before the expiry of the time provided for Government Orders that day, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

That means one day of debate for the third and final reading of this piece of legislation.

I will remind members of the House that this bill only got to committee and began the committee process on May 24. Now, less than four weeks later, the government wishes to see this bill arrive at third reading and pass without meaningful debate in this place and without meaningful debate during clause-by-clause in committee.

Earlier this week, the Minister of Canadian Heritage appeared before the Standing Committee on Canadian Heritage. I was in the chair for that meeting, and as members know, the chair does not actively participate in the debate. However, I listened intently to the Minister of Canadian Heritage in his opening comments. He made the comment that when the committee was finished its process, there would be more debate in the House of Commons at report stage, at third reading and then in the Senate. Then, just three days later, on notice on the Order Paper was this guillotine motion, which does not fulfill the minister's commitment to allowing more debate on this bill.

The Minister of Canadian Heritage and I get along very well, so I take him at his word that he was committed to more debate. Unfortunately, the government House leader's failure to manage the legislative agenda of this place means that our colleagues, members of the House, will not have the opportunity to fulfill their duty as parliamentarians, to fulfill their duty to the people they represent.

It is interesting that with the current government, what was old is new again, because in the previous Parliament there was a similar motion. It was Motion No. 10, and it also dealt with a bill, Bill C-10, the predecessor to this bill. It forced Bill C-10 through committee, forced it through the House of Commons and forced it into the Senate.

Had the government actually been committed to passing that piece of legislation, it could have, but something else intervened: the political interests of the Prime Minister. We saw the political ambitions and self-interest of the Prime Minister in his attempt to try to win a majority government during a pandemic, when he and every Liberal member on that side had committed to not calling an election during a pandemic.

They saw an opportunity to try to get their majority, and they did not. However, what happened is that every piece of legislation that was before the House or the Senate died on the Order Paper, including the previous Bill C-10. To hear Liberal members and ministers talk about having to expedite legislation through the House and through committee because it has to get through is simply horse feathers. It is horse feathers because they had an opportunity to do so but killed their own legislation by forcing an unnecessary election, which included the dissolution of Parliament.

However, the Liberals do not learn their lesson. These undemocratic processes keep coming back time and time again, and we have seen this with different pieces of legislation. I know I have heard Liberal MPs talk about the other matters we need to get to. Our Conservative Party put forward a proposal at the heritage committee to prioritize a review of Hockey Canada. We put forward a motion to prioritize the review of the disgusting situation we have learned about from four years ago. That should be our priority at committee. That is what we as parliamentarians should be looking at.

I see that I have one minute before question period, and as I assume I will have time to resume my comments after question period, I will leave with a few interim closing comments.

Canadians expect us to do better. Canadians expect us to review legislation. They expect opposition MPs to improve flawed legislation, and that is what we as Conservative members of Parliament will do. Regardless of the outcome of this motion, we will do what we can to protect Canadians, to support our creators and to ensure that Canadian creators are able to succeed at home and around the globe.

I look forward to resuming after question period.

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, I want to open by sharing a quote, which states:

We need to discuss why the government does not listen at committee stage to anything anyone says. It does not accept any amendments from anyone at all, and then it complains that the opposition refuses to allow public consultation.

The quote goes on to say:

We are absolutely not opposed, but we think we should listen to experts and to people who tell the minister what the government should be doing with the bill, but nobody listens in this government.

Do members know who said that? It was the member for Vancouver Centre, the current chair of the Standing Committee on Canadian Heritage. What she said in 2011, we agree with. The current government does not listen. The government does not accept amendments. The government does not accept the testimony and advice of digital-first creators and experts on communications and on the Internet. The government does not listen.

We have heard a lot from the opposition parties that we have had 20 hours of witnesses. The fact is that this committee did not begin studying this bill until May 24: That was 17 days ago. Today, we have Motion No. 16. In the House lately, we are all used to time allocation and closure motions, but this is not just a time allocation motion. This is not just a closure motion. This is a guillotine motion on steroids. This is a motion that not only forces this bill through committee stage and clause-by-clause, but also through the final stages in the House itself. It provides for only one day at report stage, one single day, and there is no guarantee that day has any more than an hour or an hour and a half of debate in the House.

Report stage, as it currently stands, would likely fall on next Friday, meaning that the total time the House would have to debate it, at its very maximum, would be about 150 minutes. There would be 150 minutes to discuss report stage amendments to the largest and most comprehensive updates to the Broadcasting Act in more than 30 years. The government thinks that two and a half hours in the House is sufficient to do that.

As Her Majesty's loyal opposition, we have a duty to play our role: to criticize when warranted, to make amendments and to approve when necessary. That is what we, as Her Majesty's loyal opposition, want to do. We have been clear throughout the process and the debate on this bill and its predecessor bill in the previous Parliament, Bill C-10, that we believe the Broadcasting Act needs to be updated.

The Broadcasting Act dates to 1991. It is a time when VCRs were king, when we had to borrow VHS tapes from the grocery store or the corner store and when the member for South Shore—St. Margarets claims he had hair. I will look for photographic evidence of that. I will point out, because this is relevant, the member was a senior staff member in that government of the day when this legislation first came through. If we consult Hansard from that time and review the comments and commentary by the minister at the time, Minister Masse, we will see that in that time and at that place, the legislation to update the Broadcasting Act and the lead-up to 1991, when it took effect, was done with the broad-based support and consultation not only of members of the House, but also of Canadians. It recognized the challenges that were being faced at that time by broadcasters, by Canadians and by individuals who wanted to see Canadian content creations from across our country.

We want to see the major exhibitions and creations of Quebec creators, and we want them to succeed here and around the world.

We want to see that success, and that is why we are not opposed to necessary updates to the Broadcasting Act. In fact, in our last election platform in 2021, during that unnecessary election that gave us a repeat minority Parliament, we committed to updating the Broadcasting Act, but we committed to doing so in a way that ensured digital first creators were able to succeed and that did not unfairly regulate user-generated content. Now, here we are today with Motion No. 16, which is forcing this bill through Parliament.

I wish I could say I was angry. I wish I could say I was mad. I am not angry, and I am not mad, but I am disappointed. I am disappointed the government would use such an arbitrary and draconian measure as Motion No. 16.

My friend from Edmonton West pointed this out, but it is worth reaffirming what this motion would actually do when it comes to committee resources. Motion No. 16 states “the committee shall have the first priority for the use of House resources for committee meetings”. Members in the House know the hard work interpreters do each and every day. I know sometimes I have difficulty understanding myself in one language, let alone having that translated and interpreted to a second language. The interpreters in this place and in committee do exceptional work interpreting into English and French each and every day, and they deserve our respect.

Over the past two years, the strain and workplace injuries the interpreters in this place have experienced are unacceptable. It is entirely unacceptable. The two official languages of this place, the two official languages of this country, must be respected. It is the interpreters who enable that. It is the interpreters who allow that to happen. However, each and every day we see challenges with resources. We see challenges with the Translation Bureau being able to provide us with sufficient numbers of people who can interpret at committee.

Under this motion, under Motion No. 16, only one committee shall have priority for committee resources. Only one committee shall be able to have its meetings occur no matter what, which is the Canadian heritage committee, so the government can force through its flawed pieces of legislation. No other committee can have that priority.

My friend from South Shore—St. Margarets, on the Standing Committee on Fisheries and Oceans, would not have priority for committee meetings, and meetings keep being cancelled. My friend from Elgin—Middlesex—London, who chairs the Standing Committee on the Status of Women, would not have priority for House resources. Her committee meetings would be cancelled if the Standing Committee on Canadian Heritage needed those resources.

My friend from Edmonton West on the Standing Committee on Government Operations and Estimates has already noted his committees have been cancelled, when they are looking at multi-billion dollar procurement. Those meetings could again be cancelled so the government can push through its repeat legislation, Bill C-11, which was formerly Bill C-10.

If it were only that matter alone, I would say it was sufficient to vote down this flawed motion, but it gets worse. Not only does this motion have a negative impact on each and every other committee, but it also rushes through what ought to be a deliberative process. Subparagraph (ii) states, “amendments to the bill, including from independent members, shall be submitted to the clerk of the committee by 11:59 p.m. on June 13, 2022, and distributed to committee members in both official languages by 9:00 a.m. on June 14, 2022”.

I am sure we are all probably thinking, well, that is Monday, and today is Friday. How does the government expect this motion to take effect by Monday and have amendments due by Monday night? Not only is this a guillotine motion, but this is a guillotine motion that will be guillotined. By the end of business today, a minister of the Crown will stand in their place and state that a minister of the Crown will introduce closure. A minister of the Crown will stand in this place and state that agreement could not be reached and closure will be necessary on Monday.

On Monday, the first order of business, when orders of the day are called, will be a closure motion on a closure motion on steroids, which means that debate will not be further adjourned and that, at 8:00 p.m. on Monday evening, the bells will ring. The Speaker will call in the members, the bells will ring, and at 8:30 p.m. on Monday night, the House will pronounce its judgment on Motion No. 16.

At midnight, under the terms of this motion, amendments would be due, which would be three and a half hours after this motion passes. Amendments on the first update to the Broadcasting Act in 31 years, a complicated and complex matter, would be due in three and half hours.

The government likes to talk about work-life balance, but we, as politicians, are used to this. We are elected. We are well compensated. We are ready and able to work hard, but let us talk about the administration staff of this place. Let us talk about the clerks of our committee, who are now being told that at midnight on Monday night they have to be ready, able and available to accept amendments from each recognized party and from any independent member. This is at 11:59 p.m. on Monday night, and then they have to ensure that each of those amendments are then distributed by 9:00 a.m. the next morning to members of the committee. That is nine hours and one minute, through the dead of night, for the committee clerk and the committee staff to make that happen.

Members, the employees of the House and the employees of Parliament deserve better. They should not be forced into that situation.

It gets worse. After receiving those amendments at 9:00 a.m. on Tuesday, June 14, and this is from the motion, “the committee shall proceed to clause-by-clause consideration of the bill no later than 11:59 a.m. on June 14, 2022”.

Committee members will receive the amendments from all parties and from independent members at 9:00 a.m., and then two hours and 59 minutes later, they will proceed to clause by clause. We will be forced, as parliamentarians and as members of the committee, to pronounce judgment on potentially dozens of amendments that we will have seen for the first time only hours before.

[Anthony Housefather, Liberal, Mount Royal, QC]

Mr. Speaker, first of all, let me thank the member for New Westminster—Burnaby for his always constructive work at committee. It is always a pleasure to work with him.

Second, I want to say that I carefully avoided in my speech even referring to what political party or what people were not allowing us to move forward. I never mentioned a word about the Conservatives once in my speech.

The end result here is that the member for New Westminster—Burnaby has, on multiple occasions, proposed motions, amendments and subamendments to have us move to the Hockey Canada study at next Monday's meeting and next Wednesday's meeting. The reason we never were able to actually get there was that Conservative members filibustered those discussions. I am sure they want to hear from Hockey Canada. I am sure that all of us want to hear from Hockey Canada. We all agree what an important study that is, but the Conservative members on the committee do not want to get to the clause-by-clause consideration on Bill C-11. Because we had said that we would hear them in parallel, the Conservative members did not want to get to a vote on that.

It is frustrating, because I know that we all want to get to the Hockey Canada study as well.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Mr. Speaker, I want to thank and congratulate my colleague. He is a member of Parliament representing a riding in Quebec, which has a single official language, French. The riding he represents is also in Canada, which has two official languages, French and English. He gave about 10% of his speech in French, so I want to congratulate him, truly.

I am wondering whether my colleague is not a little embarrassed. We have been talking about Bill C-11 for two years now, if we include its predecessor, Bill C-10. We in the Bloc Québécois were ready and worked very hard to move this bill forward. The hon. member for Drummond worked very hard and was even congratulated by the Minister of Canadian Heritage for his work in committee on this bill.

Before the election, the Bloc Québécois was even ready and willing to vote in favour of time allocation on Bill C-10, which it never does. We normally oppose time allocation, because we want democracy to work and we do not want to shut down debate. We were ready, but then an election came along, and Bill C-10 was postponed indefinitely. Now we have Bill C-11 before us.

The government has hurriedly cobbled together a motion that sort of paves the way for us to maybe pass this bill.

Is my colleague not a little embarrassed that after all those debates the Liberals prorogued Parliament a year and a half ago and called an election? Now they are throwing this motion on the table two weeks before the end of the session and telling us that we must adopt this motion or Bill C-11 will not be passed. For artists, that is shameful.

[Anthony Housefather, Liberal, Mount Royal, QC]

Mr. Speaker, first, let me correct the hon. member: This bill has nothing to do with censorship. Freedom of speech is protected in this country under section 2, and it is very clear that freedom of speech is protected under this bill.

Second, this bill would not be necessary except for the fact that members of the hon. member's party have continued to filibuster the committee, preventing us from ever getting to a vote on any of the many motions, amendments and subamendments the Conservatives are making. In meeting after meeting, and now I have seen it on Bill C-10 and Bill C-11, their end goal is for the committee not to be able to get to clause-by-clause. I think this frustration is shared not only by the Liberal members of the committee, but also by the NDP and Bloc members of the committee.

In the end, we are doing something that is asking the House to instruct the committee to do its job and get to clause-by-clause, so it is actually very democratic and parliamentary.

[Anthony Housefather, Liberal, Parliamentary Secretary to the Minister of Public Services and Procurement]

Mr. Speaker, I am truly disappointed to have to be speaking to a programming motion today. I am disappointed because I truly believe in the committee process. I believe that House committees do really important work. I believe they are the heart of how bills get improved, the place where members from all parties give detailed advice to the government on studies and do detailed studies of legislation.

In the first four years when I was an MP, I had the true pleasure of chairing the Standing Committee on Justice and Human Rights. We had really tough bills that we tackled, ones that involved issues like medically assisted dying, recognizing gender identity and gender expression in the Canadian Human Rights Act, and the most significant reforms to the Divorce Act and the Criminal Code in decades. We heard from witnesses for many hours and we studied amendments, sometimes hundreds of amendments, and yet, in each and every case, nobody ever tried to stop the process.

The committee agreed on how many witnesses we would hear from, and once that ended, clause-by-clause would start. Each amendment was properly discussed, dealt with and voted on, and we moved on and returned the bill to the House. This applied to bills where there was a philosophical difference between the different members of the committee from different parties, such as medically assisted dying. It also applied to bills where the members of the committee from all other parties disagreed with the government on the bill, such as genetic discrimination, which was recently upheld by the Supreme Court. Committee members worked together. I see my friend from Cowichan—Malahat—Langford, and he was part of that committee and knows how well we worked together. We treated each other with respect, and the committee respected the process. Everyone debated, a vote happened and the majority will was respected.

In the case of Bill C-11, this is not what is happening at committee. In fact, this bill is meeting a fate similar to that of its predecessor, Bill C-10. Having been a member of the Standing Committee on Canadian Heritage, in both cases, I know we have been treated to some members using the committee rules in a way to stop us from getting to clause-by-clause to try to improve the bill.

At committee, members have the right to speak to motions as long as they want, provided they do not stray too far from the topic. As a result, we have been blocked from ever voting on a motion to move to clause-by-clause, even though it is the clear wish of the majority of the members of the committee to do so. Based on what I have seen at committee, it is abundantly clear to me that there is no desire on the part of some committee members to ever allow clause-by-clause to happen on the bill. The members propose motions, amendments and subamendments, but never allow any of them to actually come to a vote. This is truly unfortunate, because if the goal is to improve legislation and propose and support amendments to improve the bill, we need to discuss and debate and vote on those amendments. We need to see those amendments. That is the way things are done constructively.

Those members using the filibuster to stop the committee from reaching clause-by-clause are certainly following the rules. Therefore, much as I would prefer that we not have to do this, other members have the right to follow other House rules to move us to clause-by-clause, because if we do not receive instructions from the House, we will never get there ourselves. Let me be clear: If any members think the bill needs to be improved, they should want us to get to clause-by-clause so that they can propose amendments, the country can hear those amendments and we can vote on those amendments. Let us try to get there.

As a result, the motion before us would provide the committee with priority for House resources so that we can sit outside of our standard hours. It proposes that amendments need to be submitted by 11:59 p.m. on June 13, which is a full 10 days after the original date that was proposed for those amendments to be submitted and is eminently reasonable. All members of the committee are certainly already in a position where they have their amendments prepared, or can have their amendments prepared by Monday.

The motion then proposes that the committee proceed to clause-by-clause deliberations no later than June 14, in the morning, and provides at least nine hours for the committee to consider amendments before the amendments are deemed moved and submitted. The reason for this time limit is, once again, to prevent filibustering of each amendment. The goal would be to actually have a constructive discussion and vote on each amendment, and not spend nine hours filibustering the first amendment we discuss. Sections (b) and (c) of the motion then discuss how the bill would be treated at report stage and third reading.

If we want the bill to get to clause-by-clause consideration by the committee and not to be unreasonably filibustered, I feel we have no alternative but to do this. Therefore, I support this motion.

Now let me speak to the importance of this bill to many Canadians.

Bill C-11 addresses an important imbalance by requiring online audio and video broadcasting services to contribute to the achievement of important cultural policy objectives in the same way that traditional broadcasters always have. As early as the 1990s, concerns were raised about the potential for online streaming to disrupt the broadcast sector. An early decision was made not to place requirements on online streaming services then, given the relatively limited impact of those services at the time. We should remember that broadcasting regulation only applies where it has a material impact on the broadcasting sector.

Today, the rationale to exempt online players simply no longer stands. The world of broadcasting has changed. We all know this. We regularly turn to online streaming services such as Netflix, Spotify, Crave, CBC Gem and Club Illico to access our music and television, in addition to more traditional services like radio and cable.

Times have changed. It has taken us over 20 years, but online streaming services are now the method through which a growing majority of Canadians access their content. There has been a drastic shift in Canada’s broadcasting sector, which has directly impacted the level of support for Canadian programming and talent. Jobs are threatened. Continuing to regulate online and traditional broadcasters differently is not fair, and it is not sustainable. It is putting the support system for Canadian stories and music at risk.

To explain how modernizing the act will create sustainable funding for our cultural industries, it is important to look at how transformative digital disruption has been for broadcasting in Canada.

Let us recall how things were at the beginning of Canadian broadcasting. Radio stations and TV channels, as well as cable and satellite distribution companies, had to be Canadian owned and licenced. They were allowed, and still are, of course, to show foreign programs or carry American channels. In return for participating in Canada's broadcasting system and accessing our domestic market, they were required to fund, acquire or broadcast Canadian programs. They were also required to make programs accessible to Canadians and contribute to the creation of Canadian programming, including original programming in French.

Over time, broadcasters' demand for Canadian programs increased. The system was working as intended, and domestic creative industries flourished. Thousands of Canadians found careers in broadcasting as journalists, producers, actors, writers, directors, singers, makeup artists, set designers, showrunners and so much more. There was upskilling in Canada's cultural industries and investment in production clusters. We became known for our creative and technical talent.

Broadcasting plays a key role in supporting Canada’s creative industries and evolving cultural identity. The Canadian broadcasting, film and video, and music and sound recording sectors are also important economic drivers. They contribute about $14 billion to Canada’s GDP and accounted for over 160,000 jobs in 2019.

The online streaming act would build on the economic and social benefits of the Broadcasting Act. It is about ensuring the continued viability of the Canadian broadcasting system. It is also about securing our cultural sovereignty. Canada is home to continuous innovation and emerging talent. It is imperative that we support our creators and creative industries, and this requires that all broadcasters in Canada compete on an equal footing. We must bring the online streaming services into the system.

As an artifact of outdated legislation, online broadcasters are not required to support Canadian music and storytelling or any other important broadcasting objective. As the revenues of traditional radio and television broadcasters stagnate and decline, so too will the level of support for Canadian music and stories, and for the creative professionals behind them.

This is not right. The implications for our broadcasting system, which is the bulwark of Canadian cultural expression, are grave. Canadian broadcasters have responded by cutting costs, and that has had a real impact on their service to Canadians, on their contribution to Canadian culture and on good middle-class jobs. As Canadians, we would be the poorer for not seeing homegrown talent supported and more diversity on screen and in song. Previous generations enjoyed Canadian programs knowing that others across the country were sharing a similar experience, and they are important for our culture and our cultural industries.

We are not alone. Countries across the world are making moves to protect and promote their cultural sovereignty. Unlike others, we share our borders with a dominating force in the realm of content creation.

What matters most, what matters now, is that Canadian voices, perspectives and stories remain relevant, heard and groundbreaking. The online streaming act is needed to achieve greater diversity in the broadcasting system and ensure the long-term viability of our broadcasting sector.

The online streaming act is not meant to create winners and losers or promote one platform rather than another. The goal is to enable the creative sector to keep evolving. Regardless of how Canadians access their content, they should be able to see themselves in stories and songs that reflect their experience and their communities.

The Broadcasting Act of 1991 got us to this point. Bill C‑11 will move us forward. We cannot bury our heads in the sand and hope that our Canadian stories and unique perspectives will be shared without the protection and supports provided by the online streaming act. That will not work.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, the cornerstone of democracy is voting and showing up to this place and participating, and that is of course what we do. Whether it is Bill C-11 or Bill C-21, there will be an opportunity, obviously, to continue debating legislation.

On Bill C-11 specifically, there were nine days at committee and many days at second reading. We have opportunities at third reading, and it will be going to the Senate. It is taking essential action to protect Canadian creators and Canadian heritage. We are proud to support this bill, and part of the thrust and parry of this place is that sometimes we disagree. That is not a representation of a decline in democracy; it is proof of it working.

This afternoon, we will continue with the report stage of Bill C-5 in respect of mandatory minimums. We will then call second reading of Bill C-21, the firearms legislation.

Tomorrow, we will debate government Motion No. 16 regarding proceedings for Bill C-11, as I was mentioning, on the Broadcasting Act.

When we return next week, we will focus on this government motion debate and continue our work on Bill C-5 and Bill C-11, as well as on Bill C-14 concerning electoral representation.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, I am very glad to see you in the chair. I hope you are getting your strength back. You sound like it. You are doing a good job of keeping everybody in good spirits.

Before my question, there are a couple of issues that I want to bring to the attention of the government House leader.

Number one is that we are requesting a take-note debate on the issue of food security, which is having a significant effect around the world, as members know, as a result of many geopolitical issues.

The second thing is a request to split Bill C-21 so that we can work on victims and the protection of victims in domestic violence.

The third thing is that there have been significant concerns among stakeholders and advocates right across the country regarding Bill C-11. We are seeing some draconian measures being proposed by the government to deal with this piece of legislation. I am concerned about that.

Before I ask for the schedule, I am wondering what the government House leader's plan is to effectively silence the voices of millions of people who voted for opposition MPs in this place and, furthermore, what his plans are to contribute to a further decline in democracy in this place over the course of the next week.

Sport

[Pascale St-Onge, Liberal, Minister of Sport and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec]

Mr. Speaker, like all Canadians, I am disgusted by this situation, and I want to make sure that no public funds were spent to cover up such actions.

That is why I have ordered a financial audit to get to the bottom of this. Hockey Canada must explain why, despite the allegations of such egregious actions, these players faced no consequences and were allowed to continue on to a professional career.

The culture of silence must stop, and it will stop, but using this situation as an excuse to block Bill C-11 at committee is unacceptable.

Access to Information

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, it is not just these documents. That is just one of many actions being taken by the NDP-Liberal coalition government.

Let me give other examples. Ministers can now end democratic debate without notice, just at will. In addition to that, of course, documents are being refused to be granted with regard to the study of the Emergencies Act. In addition to that, the members opposite are now moving Bill C-11, which would shut down our ability to use the Internet with freedom. It would control what we can see, what we can hear and what we can post online.

Why is the government so determined to kill democracy?

Canadian Heritage

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, yes, individual creators are protected under this legislation. It is the platforms that we are targeting.

Let us not forget that we have been able to protect Quebec and Canadian culture by making Canadian creators more discoverable on platforms, including radio, TV and now the Internet.

We want to ensure that Canadian creators are seen, heard and appreciated. That is exactly what Bill C-11 does, and that is what the Conservatives still do not seem to understand.