Bill C-11

Online Streaming Act

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

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Online Streaming Act

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, when it comes to Bill C‑11, it feels like Halloween. Some members tried to scare people. They disguised themselves and it was just awful.

My colleague is absolutely right. The concept of discoverability is very important. We see that with the new digital broadcasters. There are algorithms that more or less decide what we see on the page when we open the app or the site. YouTube is perhaps the best example of that.

If the song, video or show is not available or easily found by the person who uses Netflix or Disney+, this Quebec or francophone culture will not be consumed. Rules are needed, and it will be important for the CRTC to be clear in its directives to ensure that Quebec and Canadian works are visible and relatively easy to find when the person goes to the digital broadcaster's site. If not, if those works end up 158th on the list, no one will ever see them and that will not advance Quebec or Canadian culture.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, my colleague from Rosemont—La Petite-Patrie talked about Halloween and the fright nights we went through in committee.

In his opinion, if the committee had had the usual length of time afforded to the study of a bill, if everyone had participated in good faith and if committee members could have pursued debates on amendments proposed by the NDP, the Liberals, the Conservatives, the Bloc and even the Green Party, could the committee have improved the bill we will be voting on this week?

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, much of the work was also done during the study of the old Bill C‑10, so we need to look not only at the study of Bill C‑11, but at all the debates on the Broadcasting Act.

People in the cultural community, especially those in Quebec, told us there was an urgent need to act and warned against missing this opportunity. That is why it was so important for us to press the government to move forward and pass this bill. Too much time has been wasted already.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, it is my privilege to stand in this place and speak to Bill C-11.

I have to begin by saying that I was one of the members of the heritage committee in the last Parliament when Bill C-10 came forward. I greatly appreciated working with my colleague from the NDP, the heritage critic in the last Parliament, and I thank him for his intervention today. I learn so much every time he speaks. He is such a very clear communicator. I greatly appreciate the contributions that he has made to this debate this evening.

I also want to recognize some of my friends in this place right now who were on that committee, with whom I very much enjoyed working. Unfortunately, I will not say that was the same for all members of our committee, but I will get into some of that detail in a little while.

To start with, I want to talk about just how vital this Bill C-11 legislation is. It is so important that we take the opportunity to level the playing field between the web giants, these big multinational corporations, and the artistic community in Canada. I am talking about the artists and the venues that support those artists, which are then in turn supported because we have a strong artistic community. The theatres, newspapers and radio stations, all of these things that get support when we level the playing field are so important. I am going to go through some of the organizations in my riding and say a little about them later on.

I want to just highlight a couple of things we have heard about over and over again from the Conservative Party. That is that Bill C-11 applies to user-generated content. They know that is not true. They know that except for very specific examples, that is not the way this bill has been set up. We know that this bill provides opportunities for indigenous people. It provides opportunities for programming for Canadians to hear and be exposed to indigenous language programming. It supports minority communities.

Many people do not know this about Edmonton Strathcona, but there is a huge and very vibrant francophone community in my riding. It is a part of why I have spent so many hours, not very successfully, I will say, trying to learn French so that I can speak French in this place and recognize the vital role that francophones play in our community in Edmonton Strathcona.

These are the things that we are pushing for with Bill C-11. When I sit at committee I hear, of course, that the Liberals brought this bill forward and they support the legislation. The NDP strongly supports this legislation as well, and the Bloc Québécois supports the legislation. The Green Party, which I think one of my colleagues mentioned, under—

[The Assistant Deputy Speaker, Carol Hughes]

I have to interrupt the hon. member.

The hon. Minister of Justice and Attorney General.

The House resumed consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the third time and passed, and of the amendment.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, I look at the House, and I look at all of those who are supporting the legislation and know how important it is that we bring forward this long overdue legislation. Then, I see the Conservative Party not supporting it, and I question that. I wonder why that is the case.

Part of me thinks that it is because right now they are without a leader and they are, in fact, blocking everything that happens in the House. They have been filibustering our foreign affairs committee for over a month, and they are blocking us from being able to do the jobs we want to do in this place. Maybe that is part of it, but then I think about when the Conservatives were coming to the committee when we were looking at Bill C-10, and I will make a bit of a joke that I made then.

The member for Lethbridge yelled “freedom” so many times that I swear she seemed a bit like she was imitating Braveheart, except I would say in Braveheart they only yelled it once, so perhaps she could be a little more succinct. Also, when we were in committee, we saw a literal turning door of the “front-benchers” of the Conservative Party coming to our committee wanting to talk about Bill C-10. This would be good and important, if we had ever seen any of those members come to our committee to talk about COVID supports for artists.

If I had ever seen the member for Carleton come to my committee to talk to our group about how we need to support artists in his community, that would be one thing. If I had ever seen the member for Calgary Nose Hill come to the heritage committee to talk about truth and reconciliation and the acknowledgement of September 30 as the Day for Truth and Reconciliation, that would be another thing. We never saw any of that. We just saw them then, so I am asking myself why this is the case.

I actually talked to one of my Conservative colleagues who said that every time they sent out an email on Bill C-10, they raised about $2,000. I have to think that this looks a lot like a fundraising campaign. This does not look a lot like good policy to me. This looks a lot like there is an option there to make some money, and of course that is hard for me to understand and hard for me to accept, because Edmonton Strathcona is the heart of the artistic community, as well.

We have a strong francophone community, but we also have an incredible artistic community, so I do not want members of that community to suffer and I do not want members of that community to not have the opportunity to benefit from taxes being raised or from funds going into the cultural community. For example, when Bill C-11 is put in place, over a billion dollars will go back into our cultural community in Canada. That is not taxes. I want to make it really clear that this is something the web giants would pay. It is not something the government would pay. Multinational corporations would be paying into our artistic sector.

What I think about is how much money Netflix has, how much money YouTube has and how much money all of these multinational corporations make, and why I would not want them to pay their fair share to support organizations like the Blues Festival in Edmonton Strathcona, the Edmonton Folk Music Festival, the Edmonton Fringe Theatre Festival, the Edmonton Heritage Festival, the SkirtsAfire Festival, theatre groups like the Alberta Musical Theatre Company, Concrete Theatre, where my good friend Mieko Ouchi used to work, Firefly Theatre and Circus, Fringe Theatre and Grindstone Comedy Theatre. I can tell members they had the most incredible Pride event there just a couple of weeks ago, and anyone in Edmonton Strathcona during Pride needs to go the Grindstone.

We have the Northern Light Theatre, we have Theatre Yes, we have Blues on Whyte, the Northern Alberta Jubilee Auditorium, the Metro Cinema and the Myer Horowitz Theatre. Outside of my riding is the Starlite Room, but I still visit it quite regularly. The Starlite Room had one of my very favourite concerts: I got to listen to Propaghandi, a Canadian band, play there. Just a couple of weeks ago on my 50th birthday, I got to see Corb Lund sing, and I will tell members he is someone they should not miss. They should certainly be trying to support the Timms Centre, the Old Strathcona Performing Arts Centre, Varscona Theatre, Walterdale Theatre and the Yardbird Suite.

Francophone organizations in my community include the Chorale Chantamis, the Chorale Saint-Jean and the Flying Canoë Volant, where, as I have probably told everyone in the House, one can race a canoe down a ski hill, dressed up as a beaver. Also, there is L'Association Franco-Albertaine de L'UniThéâtre, the Fête-franco-albertaine and the FrancoMusik Alberta Association. There are alternative media that this would support, including the CJSR radio network of the University of Alberta, The Gateway and Le Franco.

All of these organizations are really important and integral to my community, and every one of these organizations could benefit from this fund. They could benefit from the money that would come in from multinational corporations.

I am never going to stand in this place as the member of Parliament for Edmonton Strathcona to fight for the rights of big corporations over the rights of artists, over the rights of community groups and over the rights of the small organizations that make Edmonton Strathcona so incredibly special.

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, on a point of order, my understanding is that the government has said that there would be extended hours tomorrow and that can only be done when there is consultation with leadership of the other parties. There has been no consultation with the Conservative Party, so for that reason those extended hours should not be granted.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, on the same point of order, because the Speaker has made a ruling on this in the past, if the government indicates through a minister that we are looking at extending hours, the assumption is that the consultation has taken place and there is another party that supports the initiative.

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member for Berthier—Maskinongé on a point of order.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, I rise on the same point of order.

The Bloc Québécois would like to point out that we also do not know who agreed to this and that we were not even consulted. Regardless of what has been said in the past, there are several political parties in the House, and it would have been respectful to consult our House leader on whether our party agrees.

[The Assistant Deputy Speaker, Carol Hughes]

I thank hon. members for their interventions. As the Chair has previously pointed out, the motion adopted on May 2 simply states that a minister must have the agreement of another House leader. It does not require that the parties to the agreement communicate to the House. Therefore, there has already been consultation with at least one party, leading to today's motion.

Resuming questions and comments, the hon. parliamentary secretary to the government House leader.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I appreciate many of the comments that my colleague has brought forward. One of the things that is really important for us to recognize is that over the years we have seen significant change. In the early 1990s, when the Internet really started to take off, we started to see more streaming really beginning. It was not really until the late 1990s. The Broadcasting Act has not been amended in any significant way since then. I wonder if the member could provide her thoughts on why it is so critically important, just recognizing technological changes, for this act to be modernized.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, my colleague is absolutely right: The world has changed. A Broadcasting Act that was brought forward in the 1990s would clearly not be sufficient for what artists in this community are facing today. In fact, I am just going to quote, if I could, from a constituent in my riding. She is, in fact, Juno prize-winning singer and musician Maria Dunn. She wrote to me with her support for Bill C-11, and said that “online broadcasters must have the obligations to invest in and showcase Canadian creations.” This is from a Juno-winning artist whom I have the great privilege of representing in this place, so we can all say that what was appropriate in the 1990s cannot be considered appropriate now in 2022.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, earlier in our debate today, the government of Canada outlined that its intent was not to regulate the programs and content that Canadians were viewing online, but simply to open the door to more Canadian content. In other words, it was skirting the question. Mr. Scott, the chair of the CRTC, said during the proceedings that this bill, Bill C-11, would allow the CRTC to prescribe regulation to user-uploaded content.

Does the NDP support more oversight over what Canadians want to view, especially as it relates to the arts and culture sector?