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 10th, 2022 / 10:20 a.m.


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Liberal

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.

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

June 10th, 2022 / 10:15 a.m.


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Bloc

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.

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

June 10th, 2022 / 10:15 a.m.


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Liberal

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.

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

June 10th, 2022 / 10 a.m.


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Mount Royal Québec

Liberal

Anthony Housefather LiberalParliamentary 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 HouseGovernment Orders

June 9th, 2022 / 4:10 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader 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.

Business of the HouseGovernment Orders

June 9th, 2022 / 4:10 p.m.


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Conservative

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.

SportOral Questions

June 9th, 2022 / 2:50 p.m.


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Brome—Missisquoi Québec

Liberal

Pascale St-Onge LiberalMinister 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 InformationOral Questions

June 2nd, 2022 / 3 p.m.


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Conservative

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 HeritageOral Questions

June 1st, 2022 / 3:05 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime 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.

Canadian HeritageOral Questions

June 1st, 2022 / 3:05 p.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, my riding is home to two great online content creators. Julia Westlin and David Michaud get millions of views on YouTube and are known throughout the world. They make a living from their art.

Under Bill C-11, as it now stands, the CRTC could regulate their content, which would have a major impact on their livelihoods.

Can the Prime Minister categorically assure us that the content that is generated by all social media users, including Julia and David, will be exempt from this bill, yes or no?

Canadian HeritageOral Questions

June 1st, 2022 / 3:05 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, we have been very clear that Bill C-11 applies to platforms, not to users.

Canadian HeritageOral Questions

June 1st, 2022 / 3 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, the heritage minister was not able to answer any of my questions on Monday, so I am hoping that perhaps the Prime Minister might be able to assist me today.

The heritage minister has claimed repeatedly that Bill C-11 does not capture user-generated content, but the chair of the CRTC, Mr. Scott, has said that, in fact, user-generated content is captured within Bill C-11.

Both of these men cannot be correct. I am wondering if the Prime Minister could clarify this for the sake of Canadians watching today: Should they believe his minister, or should they believe the chair of the CRTC?

Canadian HeritageStatements by Members

June 1st, 2022 / 2:15 p.m.


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Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

Mr. Speaker, despite the many flaws in Bill C-11, the Liberals continue to force this legislation through Parliament.

Last week, the CEO of Canada's most successful YouTube channel told the heritage committee that Bill C-11 is not an ill-intentioned piece of legislation, but it is a bad piece of legislation. It has been written by those who do not understand the industry that they are attempting to regulate.

Artists and creators who work in digital media have been clear: Modernization does not mean taking an outdated, 30-year-old regulatory system and simply applying it to today's technology. While the Liberals claim there is now an exemption for user-generated content, this legislation clearly allows the CRTC to regulate any content that generates revenue, directly or indirectly. That means that virtually all content can be regulated by the CRTC.

It is clear: Bill C-11 is flawed, and it must be scrapped.

Canadian HeritageOral Questions

May 31st, 2022 / 2:40 p.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, the Liberals claim that user-generated content will be exempt from regulation under Bill C-11.

However, the bill states in black and white that the CRTC will have the power to regulate all content that directly or indirectly generates revenues. This means that almost all content will be regulated. Experts are against the idea.

Can the minister categorically assure us that all user-generated content will be exempt, yes or no?

Canadian HeritageOral Questions

May 31st, 2022 / 2:40 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalMinister of Canadian Heritage

Mr. Speaker, we are standing up for them, as we are standing up for other cultural workers, for producers, for actors, and for our technicians, which is something the Conservatives cannot do. They cannot say they are going to support Bill C-11 because it is important to tell their stories, because it is important for music, or because it is important for television. They never said that, and they never will.