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 / 9:55 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, one of the things the Liberals talk about incessantly with this bill is levelling the playing field. As I iterated to the member's colleague just prior to this speech, a couple of organizations in my riding are trying to get a radio station started, and it takes, on average, three years to get approval from the CRTC to get a radio station. It seems to me that one of the things that would level the playing field would be to make it so that someone could sign up for a radio station in about the same amount of time it takes to sign up for a podcast, which is about 45 minutes, maybe less.

Would the member not agree that in levelling the playing field between heritage media forms and new media forms, we should be trying to reduce the barriers for all of them? On the Internet there is unlimited freedom. One can reach a large network. People living in northern Canada often do not have good Internet access or the capacity to get podcasts, but if we could get local radio stations fired up in about the same time it would take a podcast—

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

I will give the hon. member an opportunity to answer.

The hon. member for Vaughan—Woodbridge.

Online Streaming ActGovernment Orders

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

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I will try my best to answer the query from the hon. member, if I understood it correctly.

I grew up in northern British Columbia at a time when there was no Internet, and we listened to CHTK, which was a local radio station, and a local TV station, so I know how important local radio and local TV are to rural communities from coast to coast to coast. What I will say is that it is comparing apples to oranges when we compare the Internet to radio and the transmission of radio waves in the process.

The bill we are debating tonight is a modernization of part of the Broadcasting Act. It is well needed. It would level the playing field, in terms of bringing the online streamers into the act and under regulation.

Online Streaming ActGovernment Orders

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

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, before I ask my question, I want to congratulate my colleague on how much his French has improved. He has made great strides in just a few months.

My question has to do with discoverability, the importance of being able to access Canadian content, francophone content. At this time, pretty much all we get on these platforms is American content.

I would like to hear my colleague's opinion on the importance of discoverability when it comes to showcasing our culture.

Online Streaming ActGovernment Orders

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

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I thank my colleague from Beauport—Limoilou for the question.

Discoverability in reference to language minorities across Canada, and how that situation may prevail, is something that I find very important. Enhancing accessibility to French-speaking programs across the country is also very important, in my humble opinion.

Online Streaming ActGovernment Orders

May 11th, 2022 / 10 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I want to ask my colleague for his comments on what the Conservative strategy has been over the last six months. Basically, since the ban on conversion therapy got through the House, the Conservatives have refused to let any legislation through. However, as we have this debate tonight on Bill C-11, we know we have a situation where the web giants have created billions of dollars through record profiteering during the pandemic, and Canadian musicians, artists and actors are finding themselves, particularly in the case of musicians, losing 80% of their income. We have many examples of the web giants using the production and creative knowledge of Canadians to make enormous profits, but they are paying just pennies, just scraps, to Canadian artists.

Why does the member think the Conservatives are objecting so strenuously to having in place a situation where Canadian artists are actually remunerated effectively for their creations? Why are the Conservatives blocking this bill and so many other bills?

Online Streaming ActGovernment Orders

May 11th, 2022 / 10 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, Canadians from coast to coast to coast sent us here to get work done for their benefit and to move legislation forward. I am very happy to see that the NDP is working constructively with us to do that, whether it is on this bill, Bill C-19 or other pieces of legislation.

We need to bring online streamers within the system. They benefit from access to the Canadian market, but they do not contribute to the creation of Canadian content. We need to change that, and part of Bill C-11 would do that. We also need to level the playing field, which Bill C-11 would do as well.

Online Streaming ActGovernment Orders

May 11th, 2022 / 10 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, it is with great interest that I rise today to speak to Bill C-11, the online streaming act, which follows on Bill C‑10, an act to amend the Broadcasting Act.

First, as a student of journalism, media arts and technology at the Cégep de Jonquière, which I would like to give a shout-out to, then as a politics and communications student at Université de Sherbrooke and even recently as the critic for seniors, I have heard a lot about what is happening to the media and web giants like GAFAM. That is what my speech will focus on today, because my other colleagues, including the member for Drummond, have spoken at length about the importance of Bill C‑11. In my speech, I will address three points: the link between this bill and local news, the importance to seniors of protecting regional media, and the Bloc's gains in this bill.

The first part of my speech will be a plea to save regional news. For that, I will cite excerpts from Extinction de voix: plaidoyer pour la sauvegarde de l'information régionale, a book on this very subject that was written by a journalist and author from back home, Marie-Ève Martel.

First, by not requiring enough of a contribution from GAFAM and their ilk, we are helping erode regional news content. We can rail against the unfair tax treatment between the news media and the web giants and the federal government's inaction when it comes to remedying the situation. Local news outlets have been part of the socio-cultural landscape in Quebec communities for decades. Many of these outlets played an essential role in their community for years and years before closing up shop.

The uncertain economic outlook for regional news businesses dictates the rules of the game. Economic stability seems unattainable for some. There is a high price to be paid for the dwindling number of journalistic voices out there. It is not uncommon for several small media outlets to be served by a single journalist or a barebones staff. They sometimes get content from national news outlets or other group members to pad the web edition. Televised newscasts are cut down or fleshed out with national news reports on more general topics. In some cases, any white space on the platforms is simply filled with press releases, which means that the message is not subject to a journalist's scrutiny. By using such practices, news outlets can hide the fact that they are producing increasingly less local content, as a result of having insufficient resources to produce as much coverage as they used to.

Journalism is often called the fourth estate, because it is in charge of monitoring the other three, namely the legislative branch, the executive branch and the judiciary, and reminding us of their purpose. We are governed by elected members who advocate for transparency on all fronts, at least in their speeches. In the digital age, they can now communicate with their constituents without an intermediary. Their policies should be available online with just a few clicks. Despite this so‑called transparency, the information is not necessarily more accessible than it was before. There are still many obstacles that will need to disappear before we can be said to have full access to this information.

We have to acknowledge the many barriers making regional journalists' work harder. Although these limitations and barriers are not directly contributing to the disappearance of the media, they prevent the media from fulfilling their mission, so in that sense, they are a threat on the same level as economic uncertainty.

Another equally important role the media plays, regardless of location, is oversight of political power. Elected representatives represent their constituents, so, as officers and administrators of public funds and municipal government, they are accountable for managing them. That watchdog role is one of the main reasons media outlets do what they do. Need I point out that the media took shape as political instruments centuries ago? On behalf of the people, journalists keep representatives accountable and ensure the proper functioning of local governments. That is why they are known as the fourth estate, which some elected representatives sometimes dislike.

Nevertheless, as much as journalists keep an eye on politicians, they also serve them, if only by enabling them to take the pulse of the populace. Many elected representatives rely on local news for information about problems and issues of concern to the people. The media essentially helps build local identities, serves as a catalyst for local unity, and provides a public forum for the exchange of ideas.

Regional media outlets serve as an advertising platform that gives businesses consumer visibility and, as a service, they are a powerful showcase for small and medium-sized businesses.

An American study published in May 2018 found that when local media shuts down, this has a profound impact on the local economy. The study looked at a total of 1,266 counties in the U.S. served by more than 1,500 newspapers, 291 of which disappeared between 1996 and 2015. The authors found that, since the media monitors how contracts are awarded, including by various levels of government, when the media disappears, this has a direct impact. Public spending tends to increase within a three-year period, particularly in the area of long-term borrowing for infrastructure projects.

In the communities that were studied, borrowing costs were on average 0.55% to 1.1% higher in places where there was no longer a newspaper to keep an eye on public spending.

These are just a few examples from the book to illustrate the importance of better protection.

Ms. Martel has recently written another book, Privé de sens: plaidoyer pour un meilleur accès à l'information. It is a plea for better access to information. In it, she explores Quebec's access to information system, which was set up 40 years ago and allows anyone to obtain most documents produced by public organizations. These days, the mechanisms underpinning the system are often outdated. Long wait times, astronomical fees, conflicts of interest, blatant misunderstandings, insufficient resources and redacted documents are some of the numerous and overlapping reasons given for refusing or delaying the provision of information. The book also explores the connection between access to information requests and the democratic foundations of our societies.

We must now remember that in the 20th century, Quebec's and Canada's local broadcasters had two advantages that enabled them to provide free local journalism and increased their revenues.

First, the media could offer a package of products, or a combination of genres and categories, with the profitable parts of the package subsidizing the unprofitable parts, thus ensuring the overall viability of the platform. For example, television stations used to offer all types of programs, including news, sports and others, and they used the profits to subsidize less profitable genres.

Second, radio and television stations and newspapers served as gatekeepers. They provided news that listeners, viewers and readers could not officially or easily have obtained otherwise.

The Internet changed everything. Websites and platforms took off, starting with the classified ads on Craigslist and moving on to international digital platforms, such as Google and Facebook ads, and they were soon able to compete with local media for profits. With targeted print, audio and video media being delivered digitally, the Internet enabled more competition for advertising dollars and for consumers' time and attention, including international competition for these three elements. The competition, especially from global Internet conglomerates, devastated local Canadian media.

The Quebec and Canadian radio and television broadcasting sector is in crisis. An article published by the Canadian Press on August 27, 2020, reported that the short- and medium-term outlook for private radio and television broadcasting in Canada is very bleak. It is high time to subject web giants to the Broadcasting Act by forcing them to contribute financially.

Second, the survival of local media is extremely important for seniors, as this is how they stay connected to their communities. They are worried that the web giants are not paying their fair share, which is jeopardizing the survival of local media. I got a question about this at a debate during the 2019 election campaign. I have also heard from organizations on this issue recently because of my position as critic for seniors.

Third, I have to mention that the Bloc Québécois contributed significantly to the previous version of the bill, the infamous Bill C‑10, and was able to secure the following gains: the protection and promotion of original French-language programs; the discoverability of Canadian programming services and original Canadian content, including French-language original content, in an equitable proportion; the promotion of original Canadian content in both official languages and in indigenous languages; a mandatory contribution to Canada's broadcasting system if a company is unable to make use of Canadian resources as part of its programming; the requirement for first-run French-language content, in order to ensure there are new French-language shows on Netflix, for example, and not old ones; and a sunset clause that would provide for a comprehensive review of the act every five years.

I would like to mention that the Haute‑Yamaska chamber of commerce held its 35th awards gala last weekend, and the daily newspaper La Voix de l'Est won in the category “retail business and services with more than 15 employees”, demonstrating that our local news outlets are an integral part of our economy. Mario Gariépy received the community builder award, notably for his involvement with the committee that turned La Voix de l'Est into a co-operative.

To conclude, this bill is very important to us, because Quebec culture is at the heart of the Bloc Québécois's mission. Broadcasting is undoubtedly the most effective tool for disseminating our culture, and it helps define our national identity. Local artists regularly remind us of this. The Bloc Québécois is obviously in favour of modernizing the Broadcasting Act. We must keep pace, stop the misinformation and move forward. I was barely 10 years old in 1991, the last time this legislation was reviewed.

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:10 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, one of the most concerning parts about Bill C-11 is that the government does not have to release the policy directive to the CRTC on user-generated content, and it does not have to do it while we are debating the bill.

In fact, the expectation is that, once the bill is passed, the policy directive will be shared with the CRTC. In the absence of any knowledge of what that directive may look like, does it not concern the Bloc that this bill does not reflect what that policy directive is as we debate the bill?

We are effectively debating something that we are not sure of, in terms of what is going to happen. Is that not a concern to my hon. colleague?

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:10 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I hear so many things from the Conservatives.

I have to believe we will achieve something with this, especially if it is enshrined in law. I am not concerned.

I think we have proven that the bill must go ahead. The last time the Broadcasting Act was reviewed was in 1991. It is high time that we moved forward on this. In any case, all of these issues will be resolved. There has been too much misinformation. Various legal analyses have shown that the Conservatives were spreading misinformation on this issue. Enough is enough. Let us move forward.

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:10 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I thank my hon. colleague for her speech. I know the riding of Shefford very well. I want to congratulate La Voix de l'Est on the award it won, which is a well-deserved honour.

My colleague raised some good points about the bill, including the importance of supporting artists.

It is important that the bill be sent to committee so that we can ask questions and get answers. For instance, we could ask the CRTC to clarify its interpretation of the rules. All this should be done in committee, but the Conservatives consistently refuse to refer the bill to committee.

What does my colleague think of this systematic obstruction by the Conservatives, who refuse to allow us to seek answers in committee?

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:10 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I began addressing this when I answered the previous question from my Conservative colleague.

I find it hard to understand. There is a lot of disinformation. Legal opinions have shown that the Conservatives' arguments are unfounded. The committee's study will address that. Furthermore, I do not understands the attacks on artists. It is said that the bill responds to the representations from artists, who have not been able to adapt and modernize. Our artists are being attacked. As I mentioned, there is also the issue of enshrinement, which would make the CRTC rules much more rigid. There are different aspects to be addressed. If we want the bill to move forward, it must be referred to a committee.

I do not understand the Conservatives' obstruction. I also do not understand why gratuitous accusations are being made against Quebec's artists.

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:15 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I congratulate my colleague from Shefford on her speech.

I know she is passionate about journalism, the arts and culture, and I know how important this bill is to her. The previous version of the bill, Bill C‑10 was very important to her. This year's bill is all the more important because it is urgent.

Lately we have been talking a lot about the place of indigenous cultures, of first nations. People want to reinstate the space they deserve, to hear their cultures, to hear their voices. Today, I had a conversation with a representative of an Innu community who is also an artist. He said that nobody listened to them, nobody made space for them, nobody gave them ice time in the broadcasting landscape, and it is the same for digital platforms.

Does my colleague think that, without this bill, indigenous cultures, first nations cultures—which some people righteously say should be put front and centre and should take up more space—would be out of luck and forgotten no matter how many nice things we say?

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:15 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, discoverability applies to French-language content. My colleague from Beauport—Limoilou pointed out in her speech that she has a hard time finding French-language content on these platforms.

This also applies to our indigenous peoples, who need visibility. Last week we had a debate on missing and murdered indigenous women and girls. There are all kinds of stories in the news that show how important it is to be in touch with indigenous peoples and show that they also need to be discovered.

Discoverability is not just for francophones. It is also for indigenous people and many others as well, thanks to Bill C‑11.

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:15 p.m.
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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I appreciate the opportunity to rise to speak to this bill, the online streaming act, which we know amends the Broadcasting Act and makes consequential amendments to other acts.

At the outset, I want to state, as my colleague, the member for Perth—Wellington, did in his excellent remarks on this bill, my support for those sections of it that would see major international companies pay their share and invest in Canadian content. However, my remarks will focus on the impact this bill would have on the rights of all Canadians.

First, I will give a recap. When the first iteration of this bill was introduced in the last Parliament, it did not capture the attention of many Canadians. In fact, at second reading the bill was simply passed on division and referred to the Standing Committee on Canadian Heritage for review. Then, during the clause-by-clause deliberations, the Liberal members of the committee voted to remove an important safeguard of Canadians' freedom of speech. Canadians began to take notice, and started to loudly voice their opposition to this amendment and, by extension, to the bill's passage.

It bears repeating that the clause the heritage committee removed was a substantial clause that the justice department, in its opinion of the bill, made specific reference to as being necessary for the protection of the rights of Canadians.

It is baffling to me that the government, in particular the Minister of Canadian Heritage, along with his allies in the NDP and the Bloc party, could not see why millions of Canadians became opponents of this bill overnight. I believe that Canadians rightly suspected that this was not a case of the Liberals, together with the Bloc and NDP, just having a difference of opinion, but rather knowing that Bill C-10 infringed on their fundamental rights. They did not care that it did so.

Equally troubling was how the Liberals rammed Bill C-10 through the House without allowing a full debate at the heritage committee. The many outstanding concerns that had been expressed by experts, parliamentarians and Canadians went unaddressed. In fact, the shadow minister at the time, the member for Richmond—Arthabaska, made the following observation: “Weeks ago, the Trudeau Liberals secretly withdrew the section of their own bill that protects individual users’ content.”