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.

Canadian Heritage

[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?

[Justin Trudeau, Liberal, Prime Minister]

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

[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?

[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.

[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?

[Pablo Rodriguez, Liberal, Minister 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.

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, let us talk about representation. Yesterday, we heard a troubling revelation at committee. An organization dedicated to opposing Bill C-11 admitted that it was paid by YouTube and TikTok, but they claimed to represent exactly that, digital creators, saying they were grassroots. That is called astroturfing. Of course, this was never revealed before, and it raises serious questions. Did the Conservatives know this when they invited that organization?

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

Mr. Speaker, the Conservatives care about Canadian creators, but the Liberals continue to ignore the negative impacts of Bill C-11. This morning, digital creator and 47-year-old skateboarding mom Oorbee Roy told this to the committee: “not only does this bill not help me; it hurts me and actively undermines my needs.... I literally have never gotten a seat at the table, except now. As a digital creator, I'm getting a seat at the table. Representation matters.... Please don't suppress my voice.”

Will the government do the right thing and fully exempt user-generated content and remove proposed section 4.2 from Bill C-11?

Broadcasting Act

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, everyone agrees that Canada needs a modernized Broadcasting Act that fits today's digital age. Unfortunately, Liberal Bill C-11 is another in a long line of bad Liberal bills. Bill C-11 would create more red tape for businesses and creators, put more control in the hands of the incompetent CRTC and open up a Pandora's box of Internet regulation.

If passed, Bill C-11 could give the government the power to decide what Canadians can and cannot post on their social media profiles. Bill C-11 would limit consumer choice, drive up prices, create further uncertainty for Canadian businesses and creators and limit the free expression of all Canadians. It is time for the government to scrap Bill C-11 and get back to the drawing board, once and for all.

Access to Information, Privacy and Ethics

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, we are the ones who got rid of the boutique tax credits. By the way, it is a tool to use in the marketplace to incentivize consumer choices; that is why we do it like that.

Let us get back to what the member said earlier. I actually really appreciated the beginning of his response to that question. He said their job is to critique legislation and to make it better. He said to look at Bill C-11, and that he did not think the government should be doing that.

That is not what the Conservatives are doing, though. The member and his party are not coming here and saying they want to make the legislation better. They are coming here and putting up every single roadblock possible to prevent anything from happening. That is not their job.

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Madam Speaker, that is a fair question. Lots of people wonder what the role of the opposition is in government.

The role is to make sure that government legislation does get better. We have some very thoughtful but maybe critical arguments on some of the legislation, for example Bill C-11. I do not think the government should be legislating the Internet and regulating what people can and cannot see. I believe in free speech. The Liberals do not. There is another example. I do not think people should have to pay a carbon tax on the gas they use in their vehicles, on the equipment they use to seed or on the machinery they use to grow food for people across Canada. I do not think schools should have to pay carbon tax on their heating. I do not think there should be a carbon tax on bussing kids to school in Saskatchewan. These are policy debates we could have.

The Liberals say, “But they get it back.” My question or comment, and Premier Wall made the same comment, would be this: If the government is just going to give the carbon tax back to Canadians in boutique tax credits, why take it in the first place? Please, why do we not let Canadians keep the money in their own pockets?

Canadian Heritage

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I think that we can all agree that we may disagree on some points, but we can still respect each other. I think that is fundamental in the House.

Bill C-11, once again, is very simple. We are asking those big streamers, those platforms, to contribute to Canadian culture. Why? Because that is important for us. It is important to be able to tell our stories and to keep telling those stories that are fundamental. That is the only thing the bill does.

We hear a lot of theories, conspiracy theories, and this and that, but we want to help our culture. For once, I would have loved for the Conservatives to help us, but I guess they will not.

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I have to admit that the Conservatives are very creative, because they invent a lot of stuff.

Bill C-11 is only about online streamers, those companies, so that they contribute to the Canadian culture. It is very simple. Platforms are in and users are out. That is it.

Could the Conservatives please, for once, support our artists and our cultural sector? That would be really nice.

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

Mr. Speaker, we can support the cultural sector by taking user-generated content out of this bill and letting Canadian creators thrive here at home and internationally.

The Liberals claim that user-generated content will not be included in Bill C-11, yet the chair of the CRTC contradicted the government and said that it would and that it could regulate user-generated content.

We still have not seen the government's policy directive on Bill C-11. The government could do that right now. It could release the policy directive and confirm and make it clear that user-generated content would be excluded from the bill.

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, what we are hearing at the committee is that our cultural sector needs Bill C-11. It is fundamental. This is what we are hearing day after day. Our musicians, producers and creators all need it. This is what we put forward. It has the support of a lot of people across the country.

I would like, for once, the Conservatives to support our industries and for once to support the cultural sector.