Pablo Rodriguez Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Mr. Speaker, I believe it is a rule of the House that members are not to be eating in the chamber, and I saw the member for Kingston and the Islands stuffing his mouth in between chortling to the people on this side of the House. I would like clarification on whether we are now allowed to eat in here.
The Deputy Speaker Conservative Chris d'Entremont
The rule is still there is no eating in here.
The hon. member for Kingston and the Islands.
Mark Gerretsen Liberal Kingston and the Islands, ON
Mr. Speaker, I do want to apologize to the House. I was eating a Fig Newton when I walked in the doors, and I apologize for that. It has since been disposed of, so I cannot take it back.
The Deputy Speaker Conservative Chris d'Entremont
There are rules we need to follow. Unfortunately quorum is not one of them in this particular case, but not eating in the House is still a rule we should follow.
The hon. member for West Vancouver—Sunshine Coast—Sea to Sky Country.
Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Mr. Speaker, I promise I will get to the end of this speech.
I was talking about the example of Squamish Voices. Having built up a large following, it switched from this innocuous community group to launching personal attacks and character assassinations on progressive councillors. In fact, over $25,000 was spent on advertising to do this. Notably, its members do this behind a shroud of secrecy, by obscuring who they are and the real truth. They cannot be reached through their phone number; they cannot be reached through their email, and their web page URL does not work.
In fact, through investigative reporting and following the dots, the National Observer has found the group that is behind it. Of course, it is Canada Proud. This is not just a problem in my riding of West Vancouver—Sunshine Coast—Sea to Sky Country. It is a problem right across the country. The network is making forays into municipal politics with anonymous pages in Vancouver, Vaughan, Richmond Hill, Brampton, Georgian Bay and Terrebonne.
I feel compelled to bring this up because it is exactly what is happening in this circumstance in this House, and it needs to be called out. Unfortunately, the victims in this case happen to be Canadian cultural producers who are, of course, receiving less income because of the impact of the pandemic and because Canadians are consuming media in a different fashion. This bill needs to pass. We need to find ways to support our Canadian content creators.
I just want to mention that this year is actually the 50th anniversary of The Beachcombers, which is one of the most popular Canadian shows of all time. It included one of the first indigenous actors to be recognized in a national-level program. We need legislation like this to be able to support the future Beachcombers, which are so important for Canadian culture and which have also provided, like The Beachcombers, entertainment for communities all across the world.
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Mr. Speaker, the member opposite in one breath said there would not be any censorship, but in the next breath went on talking about True North and Canada Proud, and how they are speaking ill of his party or his set of Liberal values. That is quite a contradiction.
More to the point on censorship, there will be smaller, non-English, foreign-language sites and stations that stream online and do not have the subscription breadth of Netflix or other major streaming companies. They do not have the subscriptions and they do not have the money, so by virtue of not being able to afford the CanCon fees, they will no longer be available to Canadians who speak those languages.
Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Mr. Speaker, in fact, when I am talking about some of the very shady things that we are seeing happen that are poisoning discourse, I am not talking about censorship. In fact, I am talking about the exact opposite. We need to have transparency on that, on who is behind these things and why they are doing the things that they are. When we have these types of groups that are leading organized campaigns of misinformation and disinformation, it is something we should all be very concerned about. That is exactly what has been happening in Bill C-11, and that is why we need to keep calling it out.
Julie Vignola Bloc Beauport—Limoilou, QC
Mr. Speaker, I would like to hear a little more from my colleague on the benefits that Bill C-11 will have for our artists, musicians, and people who work in television and on our miniseries, which are of exceptional quality, not only in Quebec but also in Canada.
What positive effects or outcomes can we expect? Will our creators benefit in any way?
Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Mr. Speaker, I thank my hon. colleague for her question.
This bill has several advantages. Creators will be supported by the web giants, and it will be easier for people to access what creators are producing. This is very important for Quebec and for the whole country, because we are very unique and we have to do what we can to promote the full diversity of this country.
Richard Cannings NDP South Okanagan—West Kootenay, BC
Mr. Speaker, I would like to thank my hon. colleague for following up on the idea of supporting Canadian content. I am glad he mentioned The Beachcombers.
I was disappointed when his colleague from Kingston and the Islands mentioned MC Hammer, because if one googles “MC Hammer Canada 1991”, the year we are talking about, all we will find is the fact that there was a big riot in my hometown of Penticton in 1991, after an MC Hammer concert, when the iconic peach concession stand was rolled into Okanagan Lake.
I am sure he was not trying to draw us down that line, but I just wanted to use this opportunity to let the member from West Vancouver—Sunshine Coast—Sea to Sky Country expand on the idea of supporting Canadian content and how important that is.
Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Mr. Speaker, absolutely, this bill is very, very important for doing just that: being able to support Canadian content.
That was a really unfortunate connection with the example that was given earlier, but whether it is Canadian TV like The Beachcombers, whether it is Canadian film or whether it is making sure that we are able to access Canadian music online, this is really, really important, just to make sure that, as we are a small country, we are able to support our artists and creators to give them that start, to allow them to have that runway to make it big. Otherwise, we are at risk of being completely dominated by a much larger media landscape in the United States. Therefore, it is very important that we support them and it is very important, given the impact of the pandemic and the change in the way that all people around the world are consuming media.
The Deputy Speaker Conservative Chris d'Entremont
I cannot believe that we are talking about MC Hammer's U Can't Touch This and Molly's Reach in the same discussion.
The hon. member for Tobique—Mactaquac.
Richard Bragdon Conservative Tobique—Mactaquac, NB
Mr. Speaker, there is never a dull moment in this House. Even if we are close to quorum or not, it seems like things just continue to roll along in this House with the diversity of opinions. In fact, we as Conservatives value a diversity of opinions on a variety of subjects and welcome people to have different thoughts and views. In fact, we see that as a strength of our Confederation and not a weakness.
There are concerns many Canadians raise during these times and even during this debate. The concern that is elevating to the forefront is they feel there is a stifling of free expression, of free speech and even of thought, such that if they happen to think contrary to whatever the supposed latest whimsical fad of fanciful group think is, they can be labelled and therefore marginalized, called names and pushed out of the public discourse with ridicule and laughter.
However, in a healthy democracy, diverse opinions and differing points of view are welcome, and we ask them to come to the table and challenge us. An old expression says that iron sharpens iron. I think sometimes when we have differing points of view, it is a strength to the debate in this House and we can, in fact, come to better legislation. We can come to better bills that will get through and get passed and hopefully help all Canadians, as we learn to balance the differing perspectives that are in this House that reflect the viewpoints of all Canadians.
I think the content that is available to Canadians should be as diverse as Canada is. So should be the things they are allowed to view, and so should be the things they are allowed to listen to, produce or create. That is the strength of our democracy and, in fact, a hallmark of it is freedom of speech.
What I find quite contradictory is that during this time when we are talking about Canadian creativity and Canadian content, there is a distinct effort to shut down debate and bring closure. At a time when the Liberals extended the hours of sitting so we could have more transparency, more accountable government, more debate and welcome diverse points of view, they are now expediting the process on a bill that has raised concerns with many Canadians from coast to coast to coast.
This House would be a better reflection of the concerns of Canadians by allowing those concerns to be fully vetted in this the people's House. That diversity of opinions could be welcomed on the floor of this House, but not only on the floor of this House; may it continue to be allowed, or even further allowed, to be expressed across the airwaves, online and through broadcasting.
I think what is happening is that many Canadians feel as though they are not free to express their points of view. They are feeling somewhat suppressed. They feel if they have a certain viewpoint or if they have a certain opinion, they are going to be labelled, disqualified or cancelled. I think it is a slippery slope.
This House needs to think very soberly and take its time in deliberating this piece of legislation. I think Canadians are raising rightful concerns about the fact that, while the Liberals say to trust them and that they are going to make sure it is done right and properly, the government has not instilled the confidence in people to just trust it with these types of matters.
We have seen how the Prime Minister has treated those with whom he disagrees. We have seen the efforts to continually divide, demonize and stigmatize those with whom he does not agree. When they go to express it, he gets angry, petulant and frustrated and then decides to throw the full force and weight of government and the law against those with whom he disagrees, even now as we learned today that at no point did the RCMP ever request or require such drastic measures as the Emergencies Act.
I believe the people of Canada have huge concerns in trusting the government with even more power to regulate what they can post and what they can view. Some would even go so far as to call it censorship of those who would detract from the government message of the day. Whether it is censorship indirect, it could be the back door to censorship, and I think what we need to do is be very careful and cautious.
We all love Canadian content. We want Canadian producers to do well. We, as Conservatives, believe in that.
My family is a big fan of the series Heartland. I must say that my daughters love watching it. It is a beautiful show made here in Canada. I enjoy Hockey Night in Canada. I enjoy Canadian content. I think it is wonderful. We have a great Canadian story to tell and there is nothing that gets any more intense than Canadians watching hockey or watching some of the shows they have come to adore and admire. That is great. However, we do not need some government czar censoring through the back door what content Canadians can produce, put online, listen to or view: “How terrible that someone has a different point of view than the latest fad of the whimsical group think, so let us ban that.” Canadians are genuinely concerned with this rabid push for cancel culture.
What we need to do is allow Canadians the chance to weigh this bill carefully. Let us have the debate. Let us improve the bill. Let us have all viewpoints welcome at the table. Let us stop the stereotyping, stigmatizing and demonizing of Canadians who happen to not share perhaps the priorities of the government of the day.
If it was the reverse situation and this party was on the other side of the House, I guarantee the uproar would be boisterous, loud and overwhelming. The Liberals would be saying that we are stifling debate, ramming through bills, and asking how we could be so draconian. We would hear it day in and day out.
The Liberals want longer hours in the House for debate and then they shut down debate. Why do we not allow the debate to continue? Canadians are not afraid of opposing points of view. They are not afraid of diverse opinions; in fact, they welcome them. That is our strength.
I think it is a great opportunity for us to hear the concerns of our digital producers, those who are making great Canadian content that is original and are doing it well. They have raised very legitimate concerns about this bill. Let us make sure those concerns are heard and addressed. Let us make sure that Canadian content is protected, is welcome and amplified, but at the same time that great Canadian producers can compete, do well and succeed. Canadians are right to have a bit of caution when it comes to entrusting the current government with even more unabated power.
I want to conclude with a quote from a former prime minister of old who was the architect of the Canadian Bill of Rights. The Right Honourable John G. Diefenbaker so adequately expressed it this way, and I hope his words echo in this House yet once again and resonate within each of our hearts and minds as we reflect on this bill.
He stated:
I am Canadian, a free Canadian, free to speak without fear, free to worship God in my own way, free to stand for what I think right, free to oppose what I believe wrong, free to choose those who govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.
When it comes to Bill C-11, let us uphold the principles of freedom of thought, expression and belief, first and foremost, and make sure that adequate safeguards are put in place to ensure that protection and to hear the concerns of Canadians from coast to coast.
Ryan Turnbull Liberal Whitby, ON
Mr. Speaker, I believe the member opposite used the old slippery slope argument. I think it is certainly the simplest of logical arguments, as one thing leads to another, which leads to another, and so on.
The member also spoke to promoting diversity of opinion. What about artistic expression and Canadian content? The bill explicitly tries to amplify content creators from diverse backgrounds. Does this not promote the diversity of opinion that the member said this bill is trying to squash?
Richard Bragdon Conservative Tobique—Mactaquac, NB
Mr. Speaker, the concerns I raise by no means take away from the beauty of artistic expression of Canadian producers. In fact, ensuring the protection of freedom of expression, freedoms of belief and conscience, freedom of artistic expression or freedom of thought is a worthwhile cause and should be debated thoroughly in the House, for whatever amount of time it takes, to make sure that the concerns of Canadians are being heard. It should not be rammed through by a government that shuts down debate at will.