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

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

The hon. secretary to the government House leader is rising on a point of order.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, although the member was quoting, she used the Prime Minister's last name and was referring to this Prime Minister, not a former prime minister with the same last name. Perhaps she would like to rephrase it.

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

Duly noted. The hon. member knows better.

The hon. member for Carlton Trail—Eagle Creek.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Madam Speaker, my apologies. “Weeks ago, the Liberals secretly withdrew the section of their own bill that protects individual users' content, resulting in Canadians being subject to broad government powers to regulate their use of social media. The government went even further when it used extreme tactics that have not been used in decades to silence the opposition, keeping Canadians in the dark about their infringement on freedom of speech and ramming the bill through without proper debate.”

At this time, I need to point out the complete hypocrisy of the Liberals and NDP as we are discussing this bill late in the evening, but under time allocation. When the Liberals introduced Motion No. 11, we were told that one of the reasons they were doing so was so that more members could participate in debate on legislation. Why then did the government, with the help of the NDP, pass the time allocation motion on this important bill at second reading, limiting debate and the ability for the remaining opposition parties to hold the government to account? The answer is that this is part of a pattern of behaviour where the Prime Minister and his government run from transparency and accountability.

Here we are: We are debating Bill C-11, which is another encroachment by the Liberals on the fundamental rights of Canadians. It is under time constraints when clearly opposition to the former bill, now packaged as Bill C-11, and its encroachment on freedom of speech, are not partisan matters. It is not just the Conservative Party and its strongest supporters who are opposed to what the Liberals are attempting. Bill C-11 is a mere copy of the Liberals' deeply flawed Bill C-10, and it fails to address the serious concerns raised by experts and Canadians.

I would like to quote from a piece published by Michael Geist on his website on February 3, and I did that just for the member for Kingston and the Islands. It is entitled, “Not ready for prime time: Why Bill C-11 leaves the door open to CRTC regulation of user-generated content”. The opening paragraph reads as follows:

The minister and his department insisted that the new Bill C-11 addressed the concerns raised with Bill C-10 and that Canadians could be assured that regulating user generated content is off the table. Unfortunately, that simply isn’t the case. The new bill, now billed the Online Streaming Act, restores one exception but adds a new one, leaving the door open for CRTC regulation. Indeed, for all the talk that user generated content is out, the truth is that everything from podcasts to TikTok videos fit neatly into the new exception that gives the CRTC the power to regulate such content as a “program”.

He concludes his article on Bill C-11 with the following:

There was an opportunity to use the re-introduction of the bill to fully exclude user generated content (no other country in the world regulates content this way), limit the scope of the bill to a manageable size, and create more certainty and guidance for the CRTC. Instead, the government has left the prospect of treating Internet content as programs subject to regulation in place, envisioned the entire globe as subject to Canadian broadcast jurisdiction, increased the power of the regulator, and done little to answer many of the previously unanswered questions. The bill is not ready for prime time and still requires extensive review and further reform to get it right.

The former commissioner of the Canadian Radio-television and Telecommunications Commission, Peter Menzies, is quoted by Global News as saying the following:

The biggest difference is that it’s called Bill C-11 instead of Bill C-10.... I think they deserve a little bit of credit for acknowledging that some of the concerns that many people raised last spring did indeed have merit, but their efforts at resolving those, I think, are weak.

The campaigns director for Open Media said of Bill C-11 the following:

Treating the Internet like cable television was a bad idea last year, and it’s a bad idea now. The Online Streaming Act continues to give the CRTC the power to use sorely outdated 1980s ideas about what “Canadian” content is, to control what shows up on our online feeds and what doesn’t.

These quotes by experts give voice and detail to the many, many emails that I have received from constituents and from Canadians who oppose this erosion of their freedoms. Canadians are paying attention.

In closing, I do want to remind my colleagues of two very short quotes by a former prime minister, Sir Wilfrid Laurier, who passionately defended individual liberty. He said, “Canada is free and freedom is its nationality” and “Nothing will prevent me from continuing my task of preserving at all cost our civil liberty.” I agree with the former Liberal prime minister, Sir Wilfrid Laurier. I wish the current Liberal Party did as well.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, I am sure that Wilfrid Laurier would be very glad to hear that of all countries in the world, Canada is ranked fifth in terms of freedom, as found by Freedom House, which is an organization that has been around since 1941. They have actually rated our political freedom as 40 out of 40, and they have rated our civil liberties freedoms as 58 out of 60. We are ranked the fifth freest country in the world.

Perhaps the member would like to reflect on the fact that maybe there is a little bit of manufactured outrage going on right now with the Conservatives trying to find a wedge issue, trying to find something to try to drum up some fear, and trying to score cheap political points. Maybe that is what is going on here.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Madam Speaker, as I mentioned in my speech, to me what was the most troubling part of the debate which occurred over the predecessor bill to the proposed legislation is what we have now before us. Time and time again we have seen the government's overreach into the lives of Canadians, whether it is through its values test in the Canada summer jobs attestation, its subtle willingness to undermine Canadians' freedoms by failing to adequately protect the conscience rights of medical professionals, or its inexplicable refusal to end the federal mandates.

The government's actions demonstrate to all Canadians that it is out of touch and does not care about our constitutional rights.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, I like to start by looking at what we agree on.

I think we can all agree that the Broadcasting Act needs to be amended. It dates back to 1991, the wonderful year I met my spouse.

This legislation needs to be amended, adapted and modernized not only to reflect today's realities, but also to ensure that our artists have their window of opportunity and that this window is not slammed shut by the Americans.

I would like to hear any constructive suggestions that my colleague has for amending the Broadcasting Act, and I would also like to know what she would like to see in the legislation.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Madam Speaker, I support creating a level playing field between large foreign streaming services and Canadian broadcasters, while protecting the individual rights and freedoms of Canadians. I said at the beginning of my remarks that there are parts of this bill that we do agree with. We know that Canada is home to many world-class writers, actors, composers, musicians, artists and creators. Creators need rules which do not hold back their ability to be Canadian and global successes.

As I pointed out, while the government claims there is now an exemption for user-generated content, this legislation allows the CRTC to regulate any content that generates revenue directly or indirectly. We need to make sure that we deal with the clauses in this bill that are deeply flawed.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I appreciate the comments from the member for Carlton Trail—Eagle Creek and her effort in wanting to protect freedom of speech for Canadians.

I am finding her position interesting, though, because as an indigenous person, as a person who has experienced intergenerational trauma, I tend to be quite sensitive to assimilation, direct or indirect. I feel like the member's opposition to this bill is more a way of protecting unfettered foreign assimilation by web giants like Netflix, Amazon and Disney+.

Could you comment on whether this is indeed the fact, that what you are trying to do is protect those rights?

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

Just a reminder to the hon. member that I am not the one trying to do something.

The hon. member for Carlton Trail—Eagle Creek.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Madam Speaker, I do appreciate the question from my colleague.

As I said, Conservatives support the idea that large international corporations like Netflix, Disney+ and others must pay their fair share in Canada and invest in Canadian content. I would remind the members in this place that this was in our election platform.

However, where we have concerns and where we differ drastically from the NDP-Liberal government and their Bloc allies is in regard to the application of this bill to creators of online digital content.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, I would like to start by saying that the cultural aspect of our lives is extremely important. For years, we have had the means to allow Canadians across the country to hear the voices of other Canadians, to listen to music, to watch movies, to watch television and to experience a Canadian culture that is extremely complex and very diversified.

When I think of Quebec culture, for example, I remember the first time I listened to Robert Charlebois, on a Sunday evening, because we could listen to French radio at home, in New Westminster, British Columbia. He was the first Quebec artist who forged my understanding of the diversity of Quebec's cultural life.

What artists are telling us is that there is currently a real imbalance in the system. Consequently, as talented as they may be, artists cannot fully reap the benefits of all their potential, as artists, to create and to promote our cultural life and to make it so complex and so profound.

That is really the message tonight. Our artists across the country are saying there is something wrong with the system. We have web giants, these massive companies, that are foreign-owned and the Conservatives support them to the detriment of Canadians and Canadian artists. These companies make these enormous profits while paying scraps to Canadian artists.

As we know, the reality is when we are talking about the word “censorship”, we are throwing it around so loosely when it comes to Bill C-11, and I will come back to that in just a moment. The reality is the censorship that takes place now with the web giants is the algorithms that withhold Canadian content from Canadians. Even Canadians trying to access that content cannot do it because of the algorithms that are not shared or not transparent that censors what Canadians can see and what Canadians can hear. That is the reality.

As members well know, other countries are putting forward legislation so that these web giants, these massive foreign-owned corporations, that pay no taxes in Canada and do not show the responsibility they should be showing in Canada, actually have to be transparent on the algorithms that control what people see, what people watch and what people can hear.

The idea that we put in place an update to the Broadcasting Act makes sense, because it establishes a level playing field so we do not see the situation we are seeing now. We see that Canadians musicians have lost 80% of their income as more and more of their product goes online and they get paid less and less by the massive web giants that are supported, for reasons I do not understand, by some members of this House.

As that happens, it is important for Canadian MPs to step up and try to level the playing field. Musicians losing 80% of their income should be something that all members of Parliament should be concerned about. About $3 billion has been taken out of musicians' pockets. That should be something that all Canadians are concerned about.

I talked earlier about listening, for the first time, late one evening in New Westminster, British Columbia, to a Quebec artist, Robert Charlebois, and understanding the incredible depth of Québécois culture. When I was growing up, I was able to listen to Rush, Gordon Lightfoot and Bachman-Turner Overdrive and so many other Canadian artists that would not have been able to get into the market if the American record companies and the American broadcasters had told Canadians what they could or could not listen to. That is the reality here.

When we have foreign companies deciding what Canadians can watch and listen to, we need to establish a level playing field so our Canadian artists can shine through.

The Conservatives, who are opposed to this legislation moving forward, even to get answers on it, should understand that not one of them has quoted a Canadian artist or musician tonight. They cannot, because artist associations, everyone from the Canadian Independent Music Association to ACTRA, are all very supportive of the legislation. What, then, should we be doing tonight in this debate?

My Conservative colleagues, and I have respect for them, have said that they simply do not want this legislation to move forward, just as they have been saying for months that they do not want any other legislation to move forward. We have seen it with Bill C-8. Teachers were asking for their tax credit and the Conservatives said they would not pass it. We have seen it with Bill C-19 and dental care, which the NDP pushed forward. For the first time, there was an affordable housing platform, and the Conservatives said they did not want that to move forward either.

On Bill C-11, as we have heard in the debate tonight, the Conservatives have talked about three concerns. First off, they reference a bill that no longer exists and say they did not like it. That is fair enough, but that is not the bill we are debating. Then they talk about a bill that may be coming in a year or so that deals with online harms, and they say they do not like that bill either. Well, that debate will be in a year.

Then they say, about this bill, that they believe in a level playing field, but they have some questions. At the same time, however, they do not want this bill to go to committee, where we can get answers to the questions they have asked. Some of the questions they have asked around the CRTC are legitimate. How it defines its powers is a legitimate question, and I have that question too.

We would love to have the bill come to committee, because the committee, as part of our legislative process, is the place where we get answers to questions. We could sit here to midnight every single night, but we are not going to get the ministry and the CRTC to answer our questions until the bill gets to committee.

This is where it becomes passing strange. We have had debate now for a number of days. We should be referring the bill to committee. If Conservative members do not want to vote for the bill they do not have to vote for it. However, for them to say they are going to stop any member of Parliament from getting the answers they are asking around the bill by refusing to have it go to committee does not make any sense at all.

It is also not respectful to the artists from coast to coast to coast who have been asking for years to have a level playing field. They have been asking for years for us, as members of Parliament, to play our role and establish a level playing field to allow them, finally, to have some presence in the online world so that Canadian content can shine and the web giants will not decide what Canadians get to see and hear.

This is really the challenge this evening. We will be sitting until midnight, but the Conservatives will say they want to keep sitting and sitting and will say the same things. As I mentioned earlier, they have debated a past bill that no longer exists and a future bill that may or may not exist, and on this bill, they say they have questions.

We should all agree that the way to get answers to those questions is to refer the bill to committee and allow the heritage committee to sit down and get answers from the minister and the CRTC. In that way, we could respond to our legislative role, which is to make sure that as we pass this legislation, it is done in the most effective way possible and actually does what it purports to do: level the playing field for Canadian artists so that our musicians, actors and all of the Canadian cultural and artistic sphere can shine.

We know that when there is a level playing field, it is not the web giants deciding what Canadians can see and hear. When there is a level playing field, Canadian artists will shine. My message to the Conservatives is to let Canadian artists shine. Let us get answers to the bill. Let us get this bill to committee.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, the Conservatives seem to be having a hard time understanding that those who control the distribution network have the opportunity to promote their own product. They do not understand this concept when we talk about culture, but when we talk about oil and pipelines, they understand the distribution system. That speaks volumes.

Does the member not agree that the only thing Bill C‑11 does, in reality, is require online distribution networks to offer a wider range of viewpoints and products and that ultimately, this will improve democracy here in Canada?

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, I think this allows for greater balance in the distribution network and more opportunities for Canadians to hear and see Canadian artists. That is why the entire artistic community in Canada says that we must move forward with this bill.

So far, I have received roughly 8,000 letters in favour of this bill and two dozen against. The letters of opposition came from people who were still talking about a future bill, a bit like the Conservatives, who are saying this evening that in a year or two there may be another bill. That will be the time for another debate.

For now, Canadian artists want us to bring in a system that stops disadvantaging them for once. I think we need to listen to them and move forward with this bill by sending it to committee.

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, the NDP always used to be a party of principle, standing up for Canadians' rights, freedoms and civil liberties. However, since its new common-law relationship with the Liberals, it seems as though it has abandoned some of those principles and is willfully choosing to overlook the aspects of this bill that would provide undue censorship and give the CRTC power that we are not used to experiencing.

The member has completely mis-characterized the Conservatives. We believe that there should be a level playing field, especially for Canadian artists, and we believe that big web giants should be paying their fair share, absolutely.

We have seen how the Liberals have abused Canadians' civil liberties and violated their constitutional rights and charter rights through the Public Health Agency of Canada by allowing it to track all Canadians and Quebeckers on their cellphones. Is the member not concerned that the Liberals will also do that with this bill?