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 has also written a full legislative summary of the bill.

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

June 20th, 2022 / 5:35 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I have never bought into those kinds of theories of infringement on individual freedoms and freedom of expression. People have raised concerns, and I think those who have raised them have gotten answers. Done and done. On the other hand, people who have absolutely no interest in this, who are not open to any kind of regulation, will reject any argument that is presented, no matter what it is.

There are several other examples of this throughout history. I am fairly certain that in the western United States in the nineteenth century, a time of complete lawlessness, the people running the show and getting their way certainly did not expect any legislation to be forced on them.

Regulation is required in certain situations. In this case, we are trying to do it right, and we have taken a long time to do it. I do not believe that we will end up with something perfect, but it will be much better than the current lack of legislation.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:35 p.m.


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NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Madam Speaker, for many years, companies like Netflix and Disney+ have not paid their fair share to fund our Canadian cultural content. Does the member think the Liberal government should have acted earlier in its mandate to prevent all the job losses in our cultural sector that this delay has caused?

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:35 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I congratulate my colleague from Nanaimo—Ladysmith on the quality of her French. That was perfect.

I could take 20 minutes to answer that question. Of course the government should have imposed tax rules on online businesses much earlier. Even now, I do not think adequate measures have been brought in, far from it.

When it comes to contributing to the broadcasting system, to the cultural industry and to content, some companies are making an effort and trying to do something, but it is still not nearly enough. I do not want to point fingers at every single company, because there are some that are trying to produce things here.

However, several aspects still need to be fixed or brought in. Rules and a legal framework are needed. Once the framework is in place, it will be much easier for these businesses to generate original Quebec and Canadian content that meets both our expectations and the financial needs of the community.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:35 p.m.


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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I thank my very distinguished and much appreciated colleague from Drummond for his colourful speech in which he found a way to talk about giants that are crushing us, exploitation, advertising pie, rambling and a messed up process.

He also talked about paint-by-number, which is what we might think of when we look at the magnificent shirt he is wearing today and which proves that, when it comes to freedom of expression, there is always a way around things, even the very restrictive dress code in the House.

Essentially, I would like him to reassure us and our Conservative colleagues about freedom of expression.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:35 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I really do not feel like answering the question. I would much rather react to my colleague's comments.

Freedom of expression is a topic that we could debate for many hours. I would say that, when it comes to broadcasting legislation, there also needs to be parameters that in some way guide what we can and cannot say.

In fact, this is something that we already do in everyday life. There is a rather universal concept that is generally understood by all, in Quebec and across Canada that one person's freedom ends where another's begins.

There is nothing in this bill that infringes on freedom of expression. I am not sure if that answers the question from my colleague from Berthier—Maskinongé, but, since I am saving the two or three insults I have for him for later in private, I will stop there.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:40 p.m.


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Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, the member says freedoms are potentially always there. My concern is the fact that there are algorithms now that the CRTC is going to be using for whether or not the freedom of presentation of user content or generated content could potentially be censored. Other countries have tried something like this, and there is 80% to 85% censorship. That should never have been censored, because there is an algorithm that is determining whether or not something is censored.

Is the member concerned at all that by using an algorithm, there will be censorship?

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:40 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, that is the source of all the disinformation. There is absolutely no interference in the coding of algorithms. There is even a clause that states that the CRTC cannot require the use of algorithms.

In short, the purpose is to create performance objectives. How will that be accomplished? It will be up to the businesses to explain that to the CRTC. The CRTC will then give them the green light, provided that it is shown the results. No one will tell these businesses to change their algorithms to include Canadian content or other content, or that such content will be prohibited based on algorithms. That is simply not true. That concept simply does not exist.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:40 p.m.


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Bloc

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

Madam Speaker, I simply want to again applaud the expertise of the member for Drummond, who worked so hard and so thoroughly. I also applaud the brilliant idea of reviewing this law every five years.

Could my colleague tell us what he thinks the future holds for Bill C‑11 and what amendments he predicts will be made in five years?

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:40 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, that is a very good question. We do need to give ourselves the latitude to review the legislation and change things that are not working. Things are moving so quickly with the arrival of these web giants. The digital universe is evolving so quickly that we can barely keep up.

I think we will have to keep an eye on this and monitor the evolving technologies and content consumption patterns. We do not consume content the same way that we did five years ago, and that will probably change again in another five years.

A provision requiring that the House review the Broadcasting Act every five years will allow us to keep up and make it so that we do not end up with a completely outdated law in need of a total overhaul 30 years from now.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:40 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, before I begin, I am seeking the unanimous consent of the House to share my time with my colleague from Edmonton Strathcona, who, I should point out, does exceptional work.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:40 p.m.


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The Assistant Deputy Speaker Carol Hughes

All those opposed to the hon. member moving the motion will please say nay.

I hear none. The House has heard the terms of the motion. All those opposed to the motion will please say nay.

Since no one is opposed, the motion is deemed adopted.

The hon. member for Rosemont—La Petite-Patrie.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:40 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I am going to digress a little, but it is relevant.

Caroline Rivera has been on my team from the very beginning, for the past 11 years. I am sure that Carolina, who is of Colombian heritage, would join me in congratulating the leftist winner in yesterday's presidential election in Colombia. I congratulate Colombia's new president, Gustavo Petro, and vice-president, Francia Marquez, Colombia's first Black woman vice-president.

This momentous and historic event reminded me of a quote from another Latin American politician who inspired not only his own country but also an entire continent. He said:

[Member spoke in Spanish]

[Translation]

Let us work together as progressives, as left-leaning men and women, to build a fairer and better society. Those were some of Chilean president Salvador Allende's last words in 1973 from his presidential palace.

That is all I have to share about yesterday's current events and history from down south. I now want to talk about the history that we are making right here, in the House. I am very pleased to speak on behalf of the people of Rosemont—La Petite-Patrie, of Montreal and of Quebec in support of this essential and long-overdue bill. The funding ecosystem was outdated and obsolete, and the act had not been thoroughly reviewed in the past 30 years. We ended up with a broken and completely unbalanced system in which creators and our artistic industry, our artists, artisans and technicians, were penalized while others were passing go and saving $200. They were not collecting the money, but they did not have to spend it.

My point is that funding for a whole lot of our television, film and music creations flowed in large part through the Canada Media Fund, which was funded by cable companies back when they had the market to themselves. We said they were the ones with the pipeline and the container, so they would have to pay to put content in the pipeline. That is why the cable companies of this world—Videotron, Shaw, Rogers and Bell nowadays—had to contribute to a fund to support the production of Quebec and Canadian cultural content. It worked pretty well for several years, I must say. It is absolutely crucial to making sure our stories are told and our culture is shared here at home and around the world.

We reached a tipping point when the system stopped working and became unfair and inequitable. That was when new online broadcasters hit the scene. Now they are the ones pocketing mega profits by streaming tonnes of content live and online. I am talking about companies such as Netflix, Disney+ and YouTube that did not exist 30 years ago of course. They were not planned for. We found ourselves in a situation where cable companies, which had fewer and fewer subscribers and therefore less and less revenue, were the only ones paying into the media fund, so the fund was shrinking. Meanwhile, all the new digital broadcasters that were growing so fast did not have to pay a penny.

It was hurting our producers, our creators, because a large part of that money was not being invested or spent. That meant that some productions were shelved.

The other important point to remember is that we are also dealing with web giants that do not pay their taxes. They do not contribute at all to the general coffers, to our collective wealth, to help pay for our public services. Some will say that that is a whole other debate. Yes, it is a debate about the taxation of web giants, but it is also relevant here because web giants are also not paying their share in this situation. That is extremely important.

An estimated $3 billion is invested in an artistic, television, film and musical production. By requiring these digital broadcasters, these web giants, to pay their share, Bill C-11 will add more than $1 billion to this industry. We are restoring the balance, injecting money from the web giants who have, unfortunately, been benefiting for years from not paying. We need this bill to restore the balance and to support our creators in a much more effective and visible way.

There is a lot that could be done with this money. It would mean more productions, more content, more jobs. This is about our identity and about jobs in the cultural sector. It will translate into more sets, technicians, artisans, directors, screenwriters and writers. It is absolutely essential and important.

I believe that this will help us ensure that those in the music industry, who are currently paid peanuts by streaming services such as Spotify, will potentially earn more thanks to the rules that will be established. Members will recall the very frank statement by singer Pierre Lapointe at a ADISQ gala. He spoke about the amount of money he earned, a few hundred dollars, for hundreds of thousands of views or streams of one of his songs. We are obviously well aware that this system could not continue. It did not make sense and it had to be fixed. That is what we are doing, albeit a little too late. This should have been done sooner for many of our creators, but it is not too late to do the right thing. We could not continue with the existing situation.

Bill C-11 is important. The NDP was also successful in getting amendments passed that improved the government's original bill. We are very proud of that. I had a request from people in Montreal who asked us to clarify and better define the mandate of Radio-Canada International, which has unfortunately suffered cuts over the years. At the very least, they want to save what is left, so that our news is broadcast around the world in several languages.

Speaking of languages, one of the first amendments we passed to improve and amend the broadcasting bill had to do with all indigenous or first nations productions. They will receive more support, more money to share their stories, their realities and their experiences in their communities, in French and English, but also in indigenous languages, if they so desire. We strengthened those measures and have done the same for other groups of citizens, such as racialized people and people with disabilities. These were priorities for the NDP. We put forward these amendments and we succeeded in getting them passed.

Another issue is more support for community television and community radio, which are really very important in many regions and many parts of the country. I think it is important to flip the curve that put community television and radio at a disadvantage. This injects a little more money and support.

Yet another issue is enhanced protection for local jobs in Quebec and Canada, greater protection for our creators' intellectual property, more protection for freedom of expression and, to enforce all that, more powers enabling the CRTC to oversee it all for the good of society as a whole.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:50 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, we often hear, during the discussions, whether it is today or in second reading, about the industry as a whole. I am thinking in terms of the creators and the artists, but there is also a great deal of background work that is involved. From managing the stage to maintaining the programs, there is a litany of other opportunities and jobs.

I am wondering if the member could provide his thoughts in regard to the industry, as a whole, which goes far beyond just the creators and the artists.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:55 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I thank my colleague for his comments and his very pertinent question.

When we talk about cultural content, of course we think of the artists we see on stage, the actors and actresses in a TV series or film. They are the stars, the ones who go to galas and win awards. That is all fine, and we congratulate them.

However, my colleague is quite right to point out that there is a whole industry behind the scenes, including stage technicians, people who look after the sound and lighting, and people who provide the food. There is the whole administrative side, including the accountants who work for the cultural industry, for example. There are dozens of quite different jobs, and these employees do not appear on screen. They are not the ones we see, but they are there and are driving the industry forward. Their jobs enable them to bring home an income to support their families, pay the rent and buy groceries. I think Bill C-11 is good news for all those people.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:55 p.m.


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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I would like my colleague to further clarify the very important concept of discoverability. How can we establish processes to force platforms to make local content more visible? How does this not threaten freedom of expression, despite the criticisms we have heard, which I think are highly exaggerated?