Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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.

Elsewhere

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.

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

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:30 p.m.
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Conservative

Eric Melillo Conservative Kenora, ON

Mr. Speaker, obviously Bill C-11, the online streaming act, is a very important issue to talk about today, and I look forward to outlining my thoughts about the bill, and more specifically, some of the concerns I personally have with this particular piece of legislation.

However, if the Speaker will permit me, I want to first begin my remarks by addressing a very urgent and rapidly evolving situation in the Kenora riding. There are many floods across the Kenora riding right now. In fact, Highway 105 and Highway 599 are completely closed off, meaning residents of multiple communities have no way of leaving the community for perhaps urgent medical appointments or other essential trips.

There have been multiple states of emergency called by municipalities across my riding, and the Trans-Canada Highway itself, the only corridor east to west through the country, is actually now at risk of being completely blocked. It is “passable” right now, according to the Ministry of Transportation. However, the actual current detour is going over a Bailey bridge, which cannot support the weight of a transport truck. There is certainly a very urgent situation evolving there.

I am pleased to say I did speak with the Minister of Emergency Preparedness today. He is well briefed on the situation and standing by to provide assistance should it be called upon. I want to assure all members of the House and all my constituents back home in the Kenora riding that this is a top priority, and I will continue to stay in touch with the minister on this to ensure the proper supports are in place. I want to thank the Minister of Emergency Preparedness for his work so far. I appreciate the opportunity to make note of that here this evening.

I will get back to the debate we are having on Bill C-11. In general, I certainly would support creating a more even playing field for Canadian content creators, especially up against many large foreign streaming services. However, this bill, as I am sure has been alluded to by many of my colleagues tonight, is almost an exact replica of the previous parliament's Bill C-10.

I am sure the Speaker will remember Bill C-10, and I can see she does remember it quite well. Obviously there has been a lot of criticism, and not only from members of the opposition here in the chamber but also from folks outside of the chamber, such as experts and Canadians from coast to coast to coast. They raised concerns about that bill and are now raising those same concerns about this bill.

I am hearing that at home in the Kenora riding. Given the current situation, it is not necessarily a top-of-mind issue at this very moment, but it is something many people had been raising to me over the last year, particularly since Bill C-11 was brought back in this new Parliament. I share a lot of the concerns my constituents have brought forward, and that is what I would like to outline in my comments today.

As my esteemed colleague from Barrie—Innisfil, who is here on his birthday, noted not too long ago, through the bill, the government would be giving the CRTC more power without telling Canadians exactly what it plans to do with that power. The minister noted he plans to issue a policy directive after the bill becomes law. That is problematic because in the chamber, we need to know what we are voting on. Canadians need to know what this bill is going to be ahead of time. The lack of transparency is certainly a cause for concern for many of us, myself included.

The bill would also give the CRTC the power to regulate any content that generates revenue “directly or indirectly”, which means virtually any content on the Internet could be regulated, despite the government members claiming that the bill would exempt user-generated content.

If we look back to Bill C-10 and the new iteration, Bill C-11, something that is a major cause for concern for a lot of people is that government overreach and the potential censorship that would come into play when the government would potentially be regulating all of that content. We need some transparency from the government on that.

Through this bill, the government would also get the power, if it becomes law, to boost the content it wants Canadians to see. Again, this is a very dangerous precedent to set in government overreach over what Canadians see privately on their social media and on other sites.

Unfortunately, I have a long list of concerns with this bill, but I would like to take a step back and talk about the scope of this bill. The government is talking about supporting Canadian content creators and promoting Canadian culture and heritage, and that is great, but what we are seeing in the bill is a number of measures that seem to be targeted at specific Canadians, and the regulation of what Canadians see and post on social media.

I can assure members that, if it were a Conservative government proposing a bill such as this, the Liberals would have a very different take on this legislation. Frankly, I am sure we would hear some very strong language coming from Liberal members. However, when they are doing it themselves, of course they do not see a problem.

Another question raised to me by many in my riding is, “What is Canadian content?” There is certainly a very important discussion around that, but not a lot of clarity. There are questions of whether it is Canadian content if something is made in Canada, if a Canadian contributed to it, or if a Canadian wrote something but was not actually a part of it after that. There are a lot of questions as to what Canadian content is. The government is planning to put a commission in place to determine that, but without proper debate and discussion around that beforehand, it does remain a major question mark.

Experts have said that this bill has “limitless jurisdictional, overbroad scope, and harmful discoverability provisions.” When we are hearing this type of language, and not from parliamentarians but from experts in the field, it is really important that we pause and take a step back to reflect on that. Above all else, when we are talking about Bill C-11, it is important that we have a wholesome debate on that.

I know we are doing our due diligence as the official opposition to review the bill. Obviously we have some concerns with it. We want to review the bill, and hopefully bring forward some reasonable amendments to improve it. However, my concern is that we saw the government move closure on this legislation, which is quite detrimental to the debate. There are a lot of members who want to be able to speak on this and share their concerns and ideas. Having a limit on debate, moving closure and not allowing members to speak to this does a disservice to all Canadians because their views are not being properly represented in this place.

The member for Barrie—Innisfil, and once again he is being featured in my speech today, noted that this is a bill that has many concerns around the potential censorship of Canadians on social media. Now we have a Liberal government that is actually moving closure and limiting debate on this censorship bill. It cannot get more hypocritical than that.

The last thought I want to leave the House with today is that there are certainly some important measures or goals set out in this bill. There is no doubt that promoting Canadian content and ensuring Canadian communities are represented in our content is important, but Bill C-11, just like the previous Parliament's Bill C-10 does not appear to be much more than the Liberal government single-handedly deciding which content Canadians should or should not see. That is a cause of concern for me and for many in the Kenora riding, and I believe for all Canadians from coast to coast to coast.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:40 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, my colleague said that what scares him about this bill is the CRTC's new powers.

The Conservatives quoted experts who think there might actually be no need for legislation to accomplish the goal of boosting the discoverability of francophone and Canadian content.

I would like my colleague to help me understand exactly which of the CRTC's new powers are a problem for the Conservatives.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:40 p.m.
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Conservative

Eric Melillo Conservative Kenora, ON

Madam Speaker, the question gives me the opportunity to reiterate what I said in my comments. Giving sweeping new powers to the CRTC without any indication of what those powers will be and how they will be used is a cause for concern. The hon. member mentioned the experts. The experts have said that this bill has “limitless jurisdictional, overbroad scope”. I cannot say it any better than that.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:40 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I know that the member for Kenora has a huge indigenous population in his riding.

I would like to ask about the sections of this bill regarding indigenous people. One says, for example, “provide opportunities to Indigenous persons to produce programming in Indigenous languages, English or French, or in any combination of them, and to carry on broadcasting undertakings”. Does the member consider sections such as these censorship?

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:40 p.m.
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Conservative

Eric Melillo Conservative Kenora, ON

Madam Speaker, the short answer is that I certainly would not consider that censorship. As I mentioned off the top, there are some very important goals set out in Bill C-11 and some important aspects of it in terms of promoting Canadian content. I know from my constituents, particularly those in the remote northern first nations of my riding, which I know are still further south than the member's, but northern as far as Ontario goes, that culture is so important, especially in the remote, isolated communities, and anything we can do to promote that and to ensure that traditional languages and practices are preserved is definitely very important.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:45 p.m.
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Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, I thank the member for Kenora for his measured tone. I may not have agreed with everything he shared, but I do appreciate the tone he shared it in.

My question is with respect to making sense of the user-generated content provisions of the bill. My understanding of proposed subsection 4.2(2) is that it is limited to that which is revenue-generating, which would ideally cut out concerns with respect to a parent who might be posting videos on Facebook, for example.

I am looking to better understand the member's concern with respect to user-generated content. He used the term “censorship”. If it is limited to that which is revenue-generating, does that not address the concern?

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:45 p.m.
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Conservative

Eric Melillo Conservative Kenora, ON

Madam Speaker, as my colleague mentioned, we do not always agree on everything, but I have always found that his interventions in this place are very balanced and positive, and I appreciate his contribution to this chamber.

From my point of view, to the member's point, the issue I take is with the wording “directly or indirectly generates revenues”. That opens up the door and makes it a bit more of a grey area in terms of what could possibly fall under this category. That is why I think we need to have more debate on this and more discussion. I suspect, based on some of the comments I am hearing today, that this will end up in committee and I am hoping that all parties at committee will be able to work together in order to clear some of this up and make sure we bring forward a better bill for Canadians than the one we currently see.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:45 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, let me begin by sharing my concern for the residents of the hon. member's riding. I know they are in good hands and he is going to work extremely hard on their behalf to ensure that the situation is rectified for the safety of all the residents he represents.

This was once a place of informed debate. The concern with this bill, specifically as it relates to the CRTC and the policy directive to the CRTC happening after the bill is passed, causes me and, I am sure, many Canadians great concern. I am wondering if the hon. member can reflect on what the consequences of that may be as it relates to the online content of Canadians.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:45 p.m.
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Conservative

Eric Melillo Conservative Kenora, ON

Madam Speaker, I thank the member for Barrie—Innisfil for his kind comments.

I would simply say that the lack of clarity, the fact that there is no transparency on what that directive will look like, really leaves it open to interpretation. It leaves it open to the fact that any Canadian content could fall under this.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:45 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, good evening to all my hon. colleagues this evening as we continue to debate Bill C-11, the online streaming act, which is very important to the modernization and amending of the Broadcasting Act. This evening, I would like to focus my remarks on the bill and what it means for the disability community and accessibility in particular.

So far, our debate on the online streaming act has largely focused on how the bill seeks to expand the legislative and regulatory broadcasting framework to include online broadcasters.

However, we must not forget that it is also about making the broadcasting system more inclusive. Ensuring that the Canadian broadcasting system serves all Canadians is an important goal.

In 2019, our government passed the Accessible Canada Act to make Canada barrier-free by January 1, 2040. This historic legislation allows the Government of Canada to take a proactive approach to the identification, removal and prevention of barriers to accessibility in sectors under federal jurisdiction across Canada, which includes broadcasting. Accessibility is part of our government's progressive digital policy agenda, which aims to create a fairer, safer and more inclusive Internet for all Canadians, including disabled Canadians.

Both the Accessible Canada Act and the Broadcasting Act have a role to play in eliminating barriers to accessibility in the broadcasting sector. They work together to remove the barriers to accessibility that people with disabilities continue to face in society on a daily basis.

With respect to the online streaming act, Bill C‑11 helps make Canada barrier-free by strengthening certain provisions of the Broadcasting Act that are designed to provide rights and protections to people with disabilities.

In this regard, the CRTC already has the power to impose accessibility requirements on traditional broadcasting services. To meet the needs of deaf and hard-of-hearing consumers, broadcasters generally need to caption 100% of their programs and meet various quality standards for captioning, including accuracy. To meet the needs of blind or partially sighted consumers, certain broadcasters are required to provide described video for appropriate programming in prime time.

The CRTC also requires cable companies and satellite services to offer persons with disabilities a trial period of at least 30 days so that they can see if the service and equipment meet their needs.

Lastly, the CRTC requires these same companies to supply their subscribers with set-top boxes and accessible remote controls when available.

The online streaming act updates the key tenets of the Broadcasting Act to strengthen the accessibility of the Canadian broadcasting system. First, it states that the system should include all Canadians, including persons with disabilities.

Second, it states that the Canadian broadcasting system must offer programming that is accessible without barriers to persons with disabilities. I want to make it clear that our bill strengthens this objective by striking “as resources become available” from the Broadcasting Act.

This is so that the availability of financial resources specifically can no longer be used to justify the existence of barriers that prevent the inclusion of persons with disabilities.

Finally, the online streaming act amends the Broadcasting Act to clarify that the CRTC should regulate the Canadian broadcasting system in a manner that “facilitates the provision of programs that are accessible without barriers to persons with disabilities”. The policy direction to the CRTC will reinforce this objective.

In addition to these key principles, our bill gives the CRTC the power to impose conditions of service on traditional broadcasters, such as TVA and CTV, and online broadcasters, such as Netflix and Illico, as well as cable broadcasters, such as Videotron and Rogers, to ensure programming accessibility. The CRTC will have the power to impose conditions of service that relate to the identification, prevention and removal of barriers to programming access.

The bill would also give the CRTC the power to impose monetary penalties on broadcasting services that do not comply with the regulations or orders. Conditions of service would therefore be linked to monetary penalties. As such, the CRTC would be able to impose monetary penalties on broadcasting services that do not comply with the requirement to provide closed captioning or described video.

I said earlier that the Broadcasting Act works hand in hand with the Accessible Canada Act to remove barriers to accessibility in the broadcasting sector.

Under the Accessible Canada Act, broadcasting undertakings would be required to comply with accessibility regulations and prepare and publish accessibility plans describing how they will identify, remove and prevent barriers in their operations. They would also need to prepare and publish progress reports on these plans and establish ongoing feedback processes.

The CRTC and the accessibility commissioner share responsibility for ensuring compliance with and enforcing the Accessible Canada Act in the broadcasting sector. Both bodies can impose financial penalties on broadcasting companies that do not comply with the various provisions of the law.

With the passing of the online streaming act, we have an opportunity to make the Canadian broadcasting system more accessible and inclusive and to better support Canadians who, for too long, have been marginalized because of barriers to accessibility.

To achieve this, our bill will ensure that the Canadian broadcasting system, through its programming and employment opportunities, meets the needs and interests of all Canadians, including those living with disabilities.

I thank my colleagues for their time this evening and for listening to my remarks on Bill C-11. I look forward to questions and comments.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:55 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, it is great to be here tonight, late in the night, debating Bill C-11. I asked the member's colleague this question before, and I am going to ask him as well—

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:55 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

The hon. member for Newmarket—Aurora is rising on a point of order.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:55 p.m.
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Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Madam Speaker, I believe the member is wearing a button he was asked to remove.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:55 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

I am sorry.

Online Streaming ActGovernment Orders

May 11th, 2022 / 9:55 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Thank you.

The hon. member for Peace River—Westlock.