Bill C-11

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.

Online Streaming Act

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I congratulate my Conservative colleague on his very passionate speech. He mentioned that we can have a debate. It would indeed be very interesting to have a debate, if only our Conservative colleagues would drop the ridiculous rhetoric of censorship.

Our colleague spoke earlier about the diversity of cultural expression that we have here, in Quebec and in Canada, and the importance of showcasing that and making room for that diversity. I would like to echo the comments made by my colleague opposite, who said that the purpose of this bill is precisely to create space for Quebec and Canadian creators in a world that is increasingly competitive and increasingly dominated by foreign powers.

My question is this. Do we want to make room for Canadian and Quebec creators or do we want to allow a free market where we will be completely invaded by big foreign players, such as GAFAM, and where we will see our Quebec and Canadian culture and our cultural identity disappear completely because of their arrival? Is that what we want?

What Bill C-11 seeks to do is protect the cultural environment of Quebeckers and Canadians so that we can survive, change with the times, make progress and prosper in this increasingly competitive world.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, I actually believe that Canadian producers of digital content and otherwise are raising legitimate concerns that need to be addressed. I believe Canadian artists and producers can compete with anyone. We have great content, and that content is strengthened by competition and not weakened by it. We can stand on our own merits.

Yes, we should take the measures we can to protect cultural heritage and ensure it is upheld. However, Canada has survived to this point, and we will continue to survive, with a rich heritage and rich culture without draconian measures that open the back door to censorship.

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

Mr. Speaker, I always enjoy hearing my colleague, though I must say he was so far removed from the actual bill we are supposed to be discussing tonight that it was unbelievable. Conservatives, for weeks and weeks, have been blocking every single piece of legislation. They have been gumming up the works for Routine Proceedings, stopping members of Parliament from presenting petitions and stopping private members' legislation. The Conservatives have basically tried to shut down the House of Commons.

We are having an evening debate. We are discussing Bill C-11, and the member talks about something crazy that has nothing to do with the bill. If Conservatives do not actually read the legislation before they speak on it, why do they not take the time to read the legislation and address it? It is legislation that I believe needs some improvements, and we are hoping it will get to committee so we can make those improvements. For goodness' sake, speakers in the House should actually address the legislation that is before the House. Why did the member not do that?

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, the incredible blooming and blossoming relationship between the coalition partners is quite a thing to witness. I am glad to see members complement one another in the House so incredibly well.

I can assure members that the role of Her Majesty's loyal opposition is to make sure the legitimate concerns that millions of Canadians have are brought to the floor of the House and discussed thoroughly. Many millions of Canadians have expressed their concerns about this bill's predecessor, Bill C-10, and the current bill, Bill C-11. We will continue to stand up for those Canadians.

[Ryan Turnbull, Liberal, Whitby, ON]

Mr. Speaker, I happily rise to speak to Bill C-11, especially after that display of political theatre that we saw on the other side. It was very entertaining for some but quite frustrating for others, I am sure. Certainly, onlookers in the Canadian public who are watching tonight are probably quite concerned that the Conservative Party of Canada is not even really reading the bills that the government puts forward, and on such a topic that is so important to Canadian creators right across this country.

Despite the Conservative Party of Canada and its members propagating inaccuracies in relation to this bill and trying to make Canadians believe that this is somehow about censoring user-generated content, it clearly is not. That is explicitly stated by the government in many places. I am happy to rise to speak to the merits of this bill and its true intention, which is really to level the playing field and ensure that online streaming platforms are subject to the same rules and regulations as other broadcasters are.

It is about time that we did that because, as members have said, the Broadcasting Act has not been amended in over 30 years. Just for fun, before my speech today, I looked up the hits in 1991. Some of the Canadian hits on the charts were Bryan Adams' (Everything I Do) I Do It for You and Tom Cochrane's Life is a Highway. It was a banner year for Canadian content. Not only that, but there was Glass Tiger, Alanis Morissette, Sarah McLachlan, Crash Test Dummies, Blue Rodeo, and none other than Kingston's The Tragically Hip with Little Bones. What a great tune.

Honestly, the content creators who are musicians that we have had in this country are incredible. There is no doubt we can be very proud.

The overarching goal of the bill is to ensure that online streamers contribute in an equitable but flexible way to the creation of Canadian content, just as our broadcasting system has done for decades. I want to talk about why this bill is fundamentally important when it comes to our music sector. Online streaming services, such as Spotify and Apple Music, have dramatically changed how we listen to music. Today, most Canadians use YouTube as their primary music streaming service: I know I do. I use it all the time for that purpose.

However, these online streamers are not subject to the same rules as traditional broadcasting services, like over-the-air television, cable and radio. Right now, our system is not supporting Canadian musicians and creators the way it really should. If online streaming services are, more and more, the way music lovers like me are accessing music, should they not be subject to the same rules as other broadcasters? That just seems like common sense to me.

The music sector is important to Canadian society. It includes a wide array of artists, including songwriters, composers, performers and arrangers. Let us not forget the people who support them: the agents, producers, record labels and many others. The music production and sound recording industry accounts for over $625 million of Canada's GDP and almost 10,000 jobs. Through their music and lyrics, Canada's musicians help create relationships and memories, initiate important social discussions, forge a collective national identity and promote Canadian values.

Music allows us to share our country, our culture and our ideas throughout the world. The best of what Canada has to offer, I would say, is on stage when our musicians, content creators and artists are successful.

For decades, Canadian broadcasters have given us incredible Canadian content on our televisions and radios, and this is no accident. We choose to be different from the cultural juggernaut of the United States, and we care about our cultural sovereignty. We believe our diversity should be celebrated. Our culture is who we are as Canadians. It is our past, our present and our future. It is how we tell our stories to each other.

As a condition of their licences, radio broadcasters have had to invest in our culture, our artists and musicians. It is why we have all the Canadian content that we love today. Whenever we hear Charlotte Cardin, Joni Mitchell, Drake, Justin Bieber, Shawn Mendes, Great Big Sea and the Arkells, it makes us proud to be Canadian.

There has been a digital disruption. Since the early 2000s, the music industry has navigated a landscape that has been profoundly changed by new distribution models offered by online platforms.

We have also seen the music industry evolve from selling music on physical media to selling digitally and selling downloads. Most recently, there is the increasing popularity of online streaming.

Online streaming has had positive impacts for Canadian consumers and certainly for artists. Online broadcasters make music readily accessible to Canadians wherever they have an Internet connection available. They can access a variety of music and playlists tailored to their tastes and interests. Streaming has also allowed a number of artists to be discovered, and their careers have been bolstered in other countries as a result.

Ruth B. is just one notable example of a Canadian artist who has achieved great international success after being discovered online. However, the upheaval caused by digital platforms has also had significant consequences for our broadcasters and our musical artists. Currently, online platforms have no regulatory requirements to support Canadian music. As more and more Canadians listen to online platforms and the revenues of traditional broadcasters drop, so does funding and support for Canadian musical artists.

We need to fix this now. That is what this debate is about, and that is what this bill is about: It is about how we fix this problem. The problem is that our online streaming platforms are not contributing to supporting our Canadian artists, musicians and content creators here in Canada. This bill is really about that.

We have heard, loud and clear, from Canadian music producers that passing Bill C-11 is critical to the industry. I want to share a quote from SOCAN, the Society of Composers, Authors and Music Publishers of Canada:

Canadian creators need support to continue to develop Canadian music in the world of streaming, and Canada must be a place for emerging music creators, where songwriters and composers can create, grow and thrive.... The tabling of the Online Streaming Act on February 2, 2022, is an important first step to make it easier for Canadian audiences to find and engage with Canadian creators, giving our music a place in the world of streaming.

The chair of the board of the Canadian Independent Music Association also told us that:

The most tangible way to get our artists heard in Canada and around the world is to ensure that we have awesome Canadian artists, supported by strong Canadian owned independent music companies that can compete in the global music market....I welcome all initiatives that help make our companies stronger and our artists thrive.

This is why we are here. On this side of the House, we want to see our artists thrive.

The time to act is now. Bill C-11 seeks to update our broadcasting framework so that the online platforms would be required to support Canadian music and artists, just as traditional broadcasters currently do. Why would anyone not want to support our artists and musicians in Canada?

Bill C-11 would ensure that our musical artists would continue to contribute to Canadian culture and be able to make a living from their music. The bill is part of our wider commitment as a government to support artists in Canada, and is part of the strengthening of our arts and culture sector.

In conclusion, this bill realizes the importance of investing in Canadian music. Bill C-11 creates a competitive and sustainable broadcasting system while supporting Canadian music. The modernizing and fair regulatory framework that the bill proposes would support Canadian artists and broadcasters.

I ask the hon. members of the House to support this bill. We owe it to the next generation of musical talent, the Tragically Hips and the Alanis Morissettes of the future. We certainly need to support them now. This bill, I think, has really got intentions built into it that are very promising for the future of our cultural sector here in Canada.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, if the Liberals really wanted to drive this bill all night long, they would not have called closure on it. More to the point, they were talking about this bill applying to broadcasters. Our concern is the definition of “broadcaster”. What we find with the Liberal government is that the definitions expand, and we are concerned that the broadcasters will now be the people who are broadcasting their own news stations.

We had Canada Proud and True North slagged as broadcasters. Are they now going to have to pay into CanCon as well?

[Ryan Turnbull, Liberal, Whitby, ON]

Mr. Speaker, the bill is actually very clear on this in terms of defining the terms of broadcaster and what counts as commercial content that would be subject to the regulations within the bill. To me it is actually quite clear. There is no slippery slope here. There is no backdoor attempt at trying to censor user content. The member opposite should not be concerned about her nightly news channel being censored.

Certainly, the very large streamers that are streaming content are making money doing that and they clearly should be subject to the same rules that other broadcasters are subject to. That is the intent of the bill. It is very clear.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, the Liberals have repeatedly said that the bill regulates the platform, not content or users. However, proposed section 4.2 says that the CRTC can create regulations that treat content uploaded to social media services as programs to be regulated by considering three factors: one, whether the program that is uploaded might cause direct or indirect revenue generation; two, if the program has been broadcast by an undertaking that is either licensed or registered with the CRTC; and three, if the program has been assigned a unique identifier under a standard system.

The law does not tell the CRTC how to weigh those factors, but the bottom line is that this might apply. Michael Geist has said, “TikTok videos that are uploaded to the service may generate indirect revenue. That content is available on licensed services and the music has a unique identifier. The same is true for many YouTube or Instagram videos.”

What is my hon. colleague's response to that concern that proposed section 4.2 does permit in at least certain circumstances the regulation of content?

[Ryan Turnbull, Liberal, Whitby, ON]

Mr. Speaker, my thanks to the hon. member for a good faith question. I appreciate it.

The way I read the bill, and I have the section in front of me, is that this is how the bill defines commercial content and commercial content is part of how we define whether someone is broadcasting or not using a streaming service. In many ways, this is part of the definition of being able to determine whether Canadian content should be promoted. I think that is the intention of the bill, that broadcasters that are already promoting commercial content and distributing that are subject to the same regulations that other broadcasters are.

That intention is very clearly laid out in the bill. It is very specifically and clearly not to regulate the user-generated content.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Order. The member for Drummond, on a point of order.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I am sure this may be just an oversight on the part of my colleague from Peace River—Westlock, but I think it has already been made clear that wearing buttons in the House of Commons is not allowed.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the most fundamental piece for me on Bill C-11 is around this whole idea of levelling the playing field. People can post a podcast in about 30 minutes or less; however, if they want to start a radio channel, as several people in my riding would like to do, it typically takes three years. It seems to me that rather than trying to get podcasts to operate like radio channels, how about we try to get radio channels to operate more like podcasts?

In my opinion, if we could get a radio station signed up in about a day, that would be great. Why does all the content the CRTC requires on a radio station have to be a thing? Rather than that, just say, “As long as you are not blowing other people off the air by interfering with the channels, here is your radio station.” That would be a levelling of the playing field.

I am wondering what the member has to say about that.

[Ryan Turnbull, Liberal, Whitby, ON]

Mr. Speaker, unfortunately, I think the member misinterprets the intention of the bill. When we say level the playing field, we are talking about the very traditional broadcasters that would be subject to the Broadcasting Act versus the very big, successful online streamers that are running platforms that are streaming content for commercial gain currently.

The playing field is not level because the one that is now successful in today's society is not contributing to Canadian artists and musicians and content creators. We want to make sure that they do so.

[Dan Mazier, Conservative, Dauphin—Swan River—Neepawa, MB]

Mr. Speaker, I rise today to speak to Bill C-11, the Liberals' Internet regulation bill. This is an important bill, because it could have everlasting impacts on how every Canadian experiences the Internet.

Before we fully examine the details, it is critical to state why we are debating this legislation today. The reality is that I would not be standing here today to debate Bill C-11 if it were not for Bill C-10 in the 43rd Parliament. Canadians may recall that it was just last year when Parliament witnessed one of the most alarming pieces of legislation the Liberals had ever introduced since their election in 2015. Many Canadians viewed Bill C-10 as an attack on our freedom of speech, a measure of government overreach and a new means of censorship. I shared these valid concerns and strongly opposed Bill C-10 until the final hour on the final day.

Michael Geist, a University of Ottawa professor and expert in Internet policy, was one of the most outspoken opponents of Bill C-10. Parliament needs to remember his criticism of the previous legislation. He stated, in referring to Bill C-10, “No one – literally no other country – uses broadcast regulation to regulate user generated content in this way.”

Many members of this House voted against Bill C-10 at one o'clock in the morning, as the Liberals tried to ram it through Parliament with as little debate as possible. This is déjà vu. I was one of them. Thankfully, because of the hard work of Conservatives and Canadians, we defeated Bill C-10, so that it never had a chance to become law.

Bill C-10 died, but it has re-emerged as Bill C-11. When the Liberals introduced Bill C-11, the minister responsible for the legislation stated, “This is about making the Internet a better place for all Canadians.” It sounds grand. That statement should have been a red flag for every Canadian. We have heard this kind of language from the Liberal government before. The Liberals say, “Trust us. Everything will be okay.”

It was former president Ronald Reagan who famously said, “The nine most terrifying words in the English language are 'I'm from the government, and I'm here to help.'” It would be unwise for any member of this House to trust that the government has the best interests of Canadians top of mind, particularly on the issue of Internet regulation.

Bill C-11 is legislation that proposes to regulate the Internet. The government wants to influence what you see while browsing the web. It wants to push specific content to the top of our screens so we see it first. Consequently, this would move content down our screens, so we would see less of it. This is what the government really means when it says it wants to make content more discoverable.

The details of what content and how much the government will promote are unknown. This is because Bill C-11 would hand over this decision-making power to the government-appointed body called the Canadian Radio-television and Telecommunications Commission, or as most Canadians know it, the CRTC. The government claims that this is a way of promoting Canadian content, but I believe that if Canadians want to watch Canadian content, nothing is stopping them from doing so.

Why does the government need to reach into the Internet to pick and choose what Canadians discover? Canadians do not need assistance from the government in discovering what they see on the Internet. They are totally capable and free to discover the content they want to see.

The Internet is exceptionally vast in content. An immense amount of content is uploaded on the Internet daily. YouTubers alone upload over 700,000 hours of content every single day. I cannot stress how much content and how many content providers exist in Canada. How can a government body like the CRTC monitor all this content to determine if it meets the Liberal government's standards? It is impossible.

I want to discuss some of the technicalities of the legislation. Although clause 2 of the bill mentions who is not subject to the regulation, it does not address what content is subject to the regulation.

The government claims that user-generated content is exempted from this bill through proposed subsection 4.1(1). However, proposed subsection 4.1(2) creates an exemption for the previous exemption in proposed subsection 4.1(1) and allows the CRTC to determine who is subject to these exemptions. The bill is confusing, to say the least, and I sincerely question whether it was intentionally done this way.

OpenMedia, an organization that works to keep the Internet open and free, and an organization that I had the pleasure to work with on my private member's bill in the previous Parliament, has also raised many valid concerns. The bottom line is, as Michael Geist said, “The CRTC is empowered to create regulations applicable to user content uploaded to social media services as programs.”

Canadians will not fully know who or what is exempted from this bill because the Liberals have yet to announce their policy directive for the CRTC. The Liberals have told Canadians that this policy directive will be given to the CRTC after the bill becomes law, not before, which is suspicious. I think that parliamentarians and all Canadians deserve to know what the government is planning to direct the CRTC to regulate before Bill C-11 can become law.

I want to quote Dr. Irene Berkowitz, a senior policy fellow from Ryerson University. She stated:

The idea that the CRTC can – or should – regulate the global internet, in an age when market intervention should be sharply decreasing, is unworkable and counterproductive, falsely pitting the industry against itself.

I agree with her. Canadians do not want their government regulating the Internet. The government regulates and restricts enough as it is, especially the Liberal government.

Bill C-11 is a very concerning piece of legislation that opens the doors to government overreach. It will impact every Canadian who uses the Internet. Canadians expect their elected officials to study it carefully and debate it thoroughly. However, the Liberals are playing the same political games that they did with Bill C-10. They are limiting the time we can spend debating this important bill. Instead of debating this legislation through the standard parliamentary procedure, the Liberals are supporting a procedure called time allocation to stop debate. The fact that the Liberals would move time allocation while dozens of members of Parliament wish to speak on behalf of their constituents is simply unacceptable. How ironic: government overreach on a government overreach bill. It is sad.

Canadians are concerned any time the government wants to create more regulation. Any time the government wants to regulate what Canadians see or hear is even more concerning. The idea that the Liberals want to promote certain content to Canadians who use the Internet is disturbing. My constituents believe in less government, not more.

As I said earlier, Canadians do not need assistance from the government in discovering what they see on the Internet. They are capable and free to do so themselves. I will be opposing Bill C-11, just as I opposed Bill C-10.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Mr. Speaker, there is a lot to unpack there, but perhaps I will just stick to one point. At the beginning of his speech, the member talked about Bill C-10, and if I heard him correctly, he said, “Thankfully, Conservative MPs defeated the bill.” That is not what happened to Bill C-10. Bill C-10 actually passed this House and went to the Senate.

Is the member trying to take credit for the fact that it did not pass through Parliament? That is what he is trying to say. It just goes to the continued manufactured outrage that comes from Conservatives as though they have somehow saved Canadians from the injustices that the Liberal Party is trying to impose upon them just because of some grandiose thinking. The member is trying to take credit for the fact that the Senate was not able to deal with Bill C-10. It is remarkable.