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.

Bill C-11—Time Allocation Motion

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Madam Speaker, let us remember Bill C‑10 and the work my colleague from Drummond did. I helped him a few times because we were co-critics for arts and culture in the previous Parliament.

Now here we are with Bill C‑11, which covers essentially the same things. The Bloc Québécois has never stopped working with the arts community to make things better.

Here we have a bill that is basically the same and that the community is comfortable with. This is good work that has taken a lot of time and energy, and I think cultural stakeholders in Canada and Quebec are satisfied with it. The Bloc Québécois is very proud of this bill because we were very committed to it and put a lot of energy into it.

I would like to ask the government House leader why he is doing this to us today.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, I completely agree with the point the member made. It is passing strange to me that the Conservatives say that they are upset they do not have enough time to speak, yet they move concurrence motions, which block their ability to speak. They did this on Bill C-11 in this Parliament when they cut three hours of debate time and stopped their own members from being able to speak. We have seen this obstruction happening on every level.

This bill, in its previous iteration, had 28 days at committee to hear witness testimony. It had six days previously and four days now. Frankly, based on the experience with Bill C-8, we would have been here for the next four years for them to still have their comments, to stand up and say the things they want to say.

The reality is that we have to move forward. They do not have the ability as one party to obstruct this place and block it from doing its work. It is essential that we move forward.

There will be an opportunity at committee. There will be an opportunity when it comes back to the House again. There were all the opportunities that existed before, and there are still opportunities at committee and when it comes back to the House for a further reading in the future. There is more than enough time to continue having these conversations.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, on the first point, on Government Motion No. 11, after almost five months of their delaying the economic and fiscal update, which is from, by the way, last fall, it became very clear that the Conservatives do not have any interest in allowing any government legislation to move forward. We continually asked how many more speakers they had and how much more time was needed, and they would respond, “We will get back to you. We will get back to you.” On and on it went.

The reality is that we had to extend the hours to make up for all of the House time that was burned by their obfuscation and, as well, look to move time allocation. The reality is that there have already been four days debating Bill C-11. There were six days in the previous Parliament, and there were 28 days at committee. We see a continued obfuscation. The reality is that this is an incredibly important bill to promote and support Canadian culture and content providers, so we need to be able to move forward.

I would, of course, remind the Conservatives that they moved time allocation just about every day I was in opposition. It is a quite strange to see their aversion to it now. It was quite dizzying to watch the time allocation motions they would move at that time. Now, suddenly, after they have obfuscated for four months, the tactics they used when they were in government are abhorrent and an affront to democracy, which is curious.

We have to move forward on this. That is enough of the blocking.

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

Madam Speaker, I see a great deal of excitement for my rising, which I am always happy to see.

I move:

That, in relation to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

Canadian Heritage

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, for decades, Canadian music has been succeeding, not just in Canada but around the world. One of the reasons is that we had a system in place that made sure Canadian content got played on Canadian radio stations, which allowed extraordinary artists to succeed, not just in Canada but around the world.

The fact is that in a digital world we need to ensure the same opportunity for Canadian creators of content to resonate across Canada and around the world, and that is exactly what Bill C-11 would do. Unfortunately, yet again, we see the Conservative Party standing against artists and creators of content in this country.

Why are Conservatives so scared of Canada's artists? I think we all know.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, once again, the Prime Minister has proved he is either incompetent or absolutely committed to misleading Canadians every step of the way.

He continues to do this over and over again. The fact of the matter is that Bill C-11 would actually tip the scales in favour of traditional broadcasters by punishing digital-first creators, artists and those who use TikTok, YouTube, Twitch or Spotify in order to get their message out. Somehow, magically, this is supposed to protect Canadian culture. “Punish the little guys; reward the big guys” is the plan here.

Why does the Prime Minister insist on punishing digital-first creators?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, the Prime Minister continues to mislead Canadians.

He tells them that Bill C-11 will level the playing field. What he means by this is actually that digital-first creators, those who produce on YouTube, TikTok or Twitch, are too successful, so they actually need to be held back through more regulation and by putting fees on top of them. Digital-first creators would be forced to subsidize commercial broadcasters.

I will let that sink in for one moment: The government's definition of levelling the playing field looks like punishing those who are successful, so they can be equal with those who are not. How is that fair?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, in this country, the CRTC has always ensured that we promote Canadian creators creating Canadian content. That is what it has done on the radio waves for decades, ensuring that we have Canadian music played on radio stations. That is what it has done with TV, ensuring that Canadian content gets put on Canadian TV, not just as a way of telling our stories, but also as a way of encouraging creators and producers in Canada.

In a digital world, we need to ensure, in the same way, that Canadian producers of content are protected and upheld, and that is exactly what Bill C-11 would do.

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

Mr. Speaker, will the government commit to releasing its policy directive to the CRTC before voting on Bill C-11?

Bill C-11

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, excessive control and a distrust of the Canadian people are the trademarks of the Liberal government. The Liberals want to choose what Canadians watch online. This is the latest of their assaults.

They justify this power grab in Bill C-11 by saying they need to “protect Canadian culture”. Not only do the Liberals think that Canadians do not do a good job of promoting themselves and their culture, but they actually laugh, as they are doing right now, or criticize those who suggest that we have the ability to promote our own culture. I thank the minister very much.

Here is the truth: Canadian artists are hitting it out of the park when it comes to growing online audiences and reaching a global market. Government interference, or so-called modernization, is unwelcomed. We do not need it. There is nothing about it that actually promotes Canadian culture.

Here is the thing: Canadian artists do not want their content downgraded just because it does not match the government’s values test, and viewers do not want to be told what needs to be forced in front of their eyeballs simply because the government wants them to watch it.

Instead, Canadians want to stay “true north, strong and free”. Choices matter. Leave them up to the Canadian people.

Bill C-11—Notice of time allocation motion

[Diane Lebouthillier, Liberal, Minister of National Revenue]

Madam Speaker, since an agreement could not be reached under the provisions of Standing Orders 78(1) and 78(2) with respect to the second reading stage of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Canadian Heritage

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, last week, the Minister of Canadian Heritage organized a summit on culture in Ottawa. One of the main subjects was the modernization of legislation to support our online culture. Passing Bill C-11 is key to achieving that.

However, the Conservatives would rather play politics and are doing everything they can to block this bill. Can the Minister of Canadian Heritage tell us why the cultural sector strongly supports Bill C-11?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, the Minister of Heritage keeps assuring Canadians that Bill C-11 will not interfere with their online viewing choices. Sure, perhaps the bill does not dictate which algorithms have to be used, but it does effectively take control of a person's search bar by determining what content that individual can and cannot access online. Say goodbye to consumer choice and say hello to whatever the government wants to force in front of our eyeballs. The minister will say that I am wrong. He will put on a great show.

Why does the minister insist on misleading Canadians?

Online Streaming Act

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

Mr. Speaker, Bill C-11 is the latest of the Liberal government's attempts to regulate the Internet and restrict what Canadians can post online.

Bill C-11, which is essentially a carbon copy of last Parliament's Bill C-10, would give sweeping powers to the CRTC to regulate the Internet and limit free expression. To make matters worse, the consequences of this poorly drafted legislation will likely be to weaken consumer choice and hurt the potential of Canadian creators.

There is no doubt that the Broadcasting Act needs to be modernized for the 21st century, but Bill C-11 is not the vehicle to do it. The heritage minister needs to scrap, today, Bill C-11 and go back to the drawing board once and for all.

Freedom of Speech

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, without the liberty to speak freely, we cannot profess to be truly free. It is through the use of speech that most of us share our thoughts, our ideas and our beliefs. This propels us forward and facilitates innovation. It is incredible. It also provides us with the means to criticize, to challenge and to correct when we believe someone to be in error. This includes the government of the day, no matter the party at the helm. If we believe progressing as a society is important, then we must contend for free speech. After all, it is the very foundation of democracy.

That is why it is beyond alarming to me that the government is moving forward with legislation that would censor free speech: Bill C-11, Bill C-18 and the upcoming online harms bill. These bills are a concerted effort to take autonomy away from individuals and put more power and more control in the hands of government.

I urge the House, therefore, and all Canadians, to stand on guard and do all they can to contend for and protect free speech, for it is the very foundation upon which all other freedoms in this country are formed.