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 / 6:10 p.m.


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Conservative

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?

Online Streaming ActGovernment Orders

June 20th, 2022 / 6 p.m.


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NDP

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.

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.

Online Streaming ActGovernment Orders

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


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NDP

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—

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, 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.

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, 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.

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 / 5:40 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 / 5:40 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 / 5:30 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

Mr. Speaker, I appreciate many of the comments that my colleague across the way made, but I take a different approach. He made reference to Bill C-10 and the amendment process. I think it clearly demonstrated the interest of the government, when modernizing the legislation, to get it right. We saw a number of amendments that, in fact, ultimately changed the form of Bill C-11, and I think that is good for the industry as a whole and for future Canadian content.

The member made reference to the word “freedom”, and I think there is a fear factor out there, as some are trying to say that this is a limit on an individual's freedoms. Could he provide his thoughts with regard to the issue of the Conservative Party in essence saying that this is an attack on individual freedoms?

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:10 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I want to start my speech with an aside once again. I am definitely making a habit of starting my speeches with an aside. I want to do this and I think everyone will be fine with it, because last Friday was graduates' day. In Quebec, we celebrated students graduating from high school, CEGEP, vocational school and other schools. We applauded their efforts and their determination at an important step in their studies. I therefore wanted to take a few moments to commend graduates in the riding of Drummond. I am thinking in particular of Elsa Darveau and Ève Turgeon, two young ladies that I adore. Back home, I want to applaud my stepson Christophe and his girlfriend Sophia who are also headed to CEGEP. I want to commend and congratulate everyone graduating in Quebec and Canada, and all those taking this big step in their studies.

I hope that this will be the last time we rise to speak to Bill C‑11. I am optimistic that it will be. We worked on Bill C‑10, we worked on Bill C‑11. It is time to pass this bill that our cultural and broadcasting industries have awaited for such a long time.

I must say that we put a lot of hours into Bill C‑10 after it was introduced in 2020. The spotlight was on us, as members of Parliament, and we were being congratulated and patted on the back by our colleagues and others, but there is a whole team working behind the scenes. I want to acknowledge my support team, which did extraordinary work during our study of Bill C‑10 last year and during our study of Bill C‑11 now before us.

I especially want to thank my assistant Mélissa, who did an amazing job planning more than 60 meetings with stakeholders from all across the industry and who worked non-stop to prepare for the committees. She did an amazing job. I thank my friend Éric, who contributed his thoughts and experience, our research friends, Michael and Vincent, and the whip's team, Paul, Marie-Christine and Charles.

I want to say a special thank you to my colleague from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, who is here in the House today. Last year, she held meetings on Bill C-10, and she put in a lot of effort. It was a bill that she cared a lot about. I imagine she is pleased today to see that Bill C-11 will be passed. She was a singer in a former life. Actually, that is not true. She will always be a singer. In fact, the Standing Committee on Fisheries and Oceans has the opportunity to benefit from her talents at just about every meeting. I think this bill was particularly close to her heart because she has made a living from singing and she knows how important the Broadcasting Act is to the entire cultural industry. I therefore thank my colleague for her wonderful help.

I feel like I am giving a thank-you speech at an awards ceremony, but I think it is important. I hope others will follow suit.

I also want to say a big thank you to the interpreters, the committee staff, and the clerks' office staff, who do an absolutely incredible job, always behind the scenes. Without them, I do not think we would be able to get anything done. I want to sincerely thank them as well.

With that, I want to focus on a number of very important things that were added to Bill C‑10, which I spoke about earlier. My pet analogy is that Bill C‑10, as introduced on November 3, 2020, was like a blank paint-by-number. The numbers were there, but they were in need of paint to fill in the structure and content of a bill that was lacking on both fronts.

Earlier, the parliamentary secretary talked about Bill C‑10 and Bill C‑11 as though they were essentially one and the same. He is not completely wrong about that, but he should have said that it was actually the final version of Bill C‑10 as amended and the version of Bill C‑11 as introduced that were virtually the same. That is an important distinction because a lot of work was done on Bill C‑10. Specifically, a lot of work was done to take out significant sections of the Broadcasting Act, for example, paragraph 3(1)(a) on the Canadian ownership and control of broadcasting entities. Last year, the Bloc Québécois proposed an amendment to Bill C‑10 to replace it with the following: “the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and foreign broadcasting undertakings may also provide programming to Canadians”.

The wording has changed a bit in Bill C‑11. Without getting into it too much, we would have preferred the wording from Bill C‑10, but this is still an important amendment.

We often say that the Bloc Québécois put the protection of French back into the broadcasting bill. That is true, and it is in Bill C‑11 because we managed to add it to Bill C‑10. Here is what the new subparagraph 3(1)(i.1) says: “reflect and support Canada's linguistic duality by placing significant importance on the creation, production and broadcasting of original French language programs, including those from French linguistic minority communities”.

There is an important nuance here that I think is worth bearing in mind and repeating. The bill talks about “original French language programs”, not programs in French. If we had stuck with “programs in French”, as the bill seemed to suggest before we amended this clause, then content dubbed in French would have been given equal weight regardless of the original language. What we were calling for, and it was entirely legitimate for us to do so, was original French content, meaning broadcasting companies would be required to produce original content in the language of Molière, Vigneault, Leclerc, Lévesque and myself.

I am talking a lot about Bill C-10 because we added a few things to it, some of which also made their way into Bill C-11, so they have been discussed again.

One of them was the issue of discoverability, which really got people talking. It has become quite hackneyed and used to spread appalling misinformation. I talked about discoverability in the House last week, and I think it is pretty straightforward as a concept. It aims to ensure that local content is promoted, easy to find and available on any broadcasting platform.

I cannot imagine anyone thinking to themselves that, yes, we produce great content but that we need to make sure that no one can find it, so as not to completely confuse the algorithms of the big foreign companies, which will stop liking us.

I was elected by Quebec voters, who want me to protect their interests. I was not elected by multinational corporations that are based abroad and who report virtually no revenue, pay virtually no taxes and contribute virtually nothing to our broadcasting system and our cultural industry in Canada.

I therefore have no problem imposing discoverability requirements on these businesses, because I find that it makes sense. I find it contemptible that this requirement has caused so much outrage and been used as justification by those who claim that this broadcasting bill essentially amounts to censorship.

Another very interesting addition made to last year's bill is the sunset clause. This emerged from the realization that the Broadcasting Act has not been updated, revised or amended for more than 30 years, and that if nothing were done, it would more than likely be quite some time before a new act were adopted or amendments made to the new Broadcasting Act.

Why would we not require a re-evaluation at specified times to make the necessary amendments and adjustments? That is one of the fine additions included in Bill C-10, and then in Bill C‑11, and it will require the House to review the Broadcasting Act every five years. If some things are not being done properly today, we will not have to wait 30 years to correct them.

Bill C‑11 has had quite a strange trajectory. We can agree that the process was a little messed up. In other words, it was short-circuited or neglected. I apologize; perhaps I could have used a better term.

It did not help that the Conservatives decided they were going to oppose the bill in any way they could, by filibustering during some very important meetings, even though the study process had already been planned out when the committee received the bill. In response, the government opted for a closure motion, which made it tough to talk about amendments and advocate for amendments.

This meant that the committee was not able to have the types of discussions it would normally have when amendments to bills are proposed. I think that the discussion can open members' minds. I wanted to hear my colleagues make arguments, even the ones I find far-fetched. In committee, we are meant to discuss, listen to what others say and keep an open mind. This is how we can amend Bill C‑11 as effectively as possible.

A few Bloc Québécois amendments were rejected. I think the main reason they were rejected is that we did not have the opportunity to explain them. There was no room for debate, particularly on the control we want to have over online companies, or rather the control we refuse to have over them.

It is unbelievable. When we tried to force American, Chinese and international companies, foreign companies, to hire Canadian and Quebec human resources, creative resources and talent as much as possible, I was told that it is impossible because the companies are already investing a lot of money. I was told that we cannot force them to hire locals because that would be too upsetting. That is what I was told. These companies and the web giants say that they are already contributing a lot and that it would be inconvenient if they were forced to use Canadian resources as much as possible. To that I say, they are always nibbling away at the advertising pie and taking the revenues for themselves.

I really want members to understand this. People in this flourishing industry are on the verge of switching careers. They no longer have an income, and media outlets are closing up shop, yet web giants tell us they do not want us to impose those kinds of constraints. Our doormat of a Canadian government lies down and has no problem letting them walk all over it.

I sincerely hope the government will take a somewhat firmer stance, especially when it comes to orders the CRTC can give. The CRTC does actually require good faith negotiations between the companies that create programs and those that distribute or broadcast them, and obviously that includes online platforms in our current system. That means the CRTC would need the tools to impose fair negotiation rules should good faith negotiations not happen. That idea was turned down too.

I was told it would not work, that the government could not give the CRTC tools to respond should negotiations not take place in good faith. That means big corporations will be able to walk all over our little-guy production companies and carry on exploiting our Quebec and Canadian content creators for profit.

Who might need these negotiations to be protected? Small programming businesses might need that, although many of them have grown. Consider APTN, for example. APTN's wonderful model is being emulated around the world. New Zealanders were inspired by what APTN has done in Canada and created a similar channel. CPAC is another example. I think everyone here is quite familiar with CPAC. We can also think of The Weather Network. These are all businesses that need this protection, but they are not getting it because we think that if we are too strict with online businesses, they will be angry. Do we really think they will go away because they are angry? They make billions of dollars.

Here is another thing that really frustrated me. We hear about balancing the market, making the market fair to ensure that our traditional broadcasting companies are not penalized in relation to online companies. In that regard, I am quite happy that the part II fees, which imposed significant and onerous financial conditions on licensed broadcasters, have been dropped. I think dropping these fees should really help them, or at least give them a little breathing room. However, the CRTC still cannot issue orders.

Let us talk about one of the amendments that I thought did not make much sense:

The [CRTC] may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting...any change in the ownership or control of a broadcasting undertaking that is required to be carried on under a licence.

I said that the idea of a licence should be removed because we want that to apply to online undertakings. However, that was rejected. People did not want that to apply to online undertakings. It is as though they were still scared of the big online company monster. It is as though they were afraid of stepping on the toes of the giant.

We are afraid to step on the toes of the giant, but that giant is crushing us and we are saying nothing about it. We think it is amusing because we can watch our movies and our shows. We do not even realize that our creators are starving.

Bill C‑11 will pass. The result of the vote will be close, but it will pass. I hope that the fears of those who have profusely expressed them will be allayed when they eventually realize that the “censorship” and “control” of what they envisioned are fabrications. These arguments are pure fearmongering and really have no merit. All the rambling that took place over the past few months and the Conservatives' systematic filibustering when Bill C‑11 was being studied in committee has only resulted in the postponement of important studies, such as that of bill C‑18.

More than 450 news businesses have closed their doors. This is a crisis. Because so much time has been wasted for unfounded ideological reasons, a slew of media outlets, including small regional media, are on the brink of closure, and I find that outrageous. I think that these people should show their frustration by pounding a table and making sure their MPs hear them. It is absurd that Bill C‑18 cannot be studied sooner and that we must wait until the fall to discuss this urgent matter.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:10 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is the hon. member's reference to the TV and movie filming of Deadpool in Vancouver that made me think to rise and ask this question of him.

That is, of course, important programming and an important industry for the Vancouver area, but I want to ask him if he is aware of the fact that most of that kind of production value in Canada pays Canadian actors what is called “at scale”. They are not paid anything like what the U.S. actors who come in and get dropped into the community are paid, and a lot of the working crew comes in from the U.S. It does not employ Canadians. That is a lot of what I hope Bill C-11 may change in the future. I hope for a chance to really create a level playing ground, so that when Canada is used as the backdrop for films, even around a Canadian story, Canadians are not treated as second-class citizens.

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June 20th, 2022 / 5:05 p.m.


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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, I would like to ask my hon. colleague from Banff—Airdrie for his opinion of the direction the government has given to the CRTC to implement Bill C-11. What does he think of the direction? I have not seen it.

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June 20th, 2022 / 5:05 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

Mr. Speaker, talk about seeing something that is just not there. I think conspiracy theory 101 is the lesson from the other side here. What Bill C-11 is all about is fairly straightforward. It is the modernization of the Broadcasting Act. It is as simple as that. Maybe the Conservatives get a gold star nowadays if they mention the word “freedom” in their speeches. I do not know where the member is getting the information from.

If the member wants to be consistent with what he said, does that mean the Conservative Party of Canada's new approach to the CRTC is to get rid of it? Are they saying the CRTC regulations should not be applied to other media streams? Is that what the Conservative Party's position is today?

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June 20th, 2022 / 4:50 p.m.


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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, freedom of speech is a fundamental right in Canada. It is enshrined in our Charter of Rights and Freedoms in fact. Section 2 of the Canadian Charter of Rights and Freedoms states:

Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

These rights are what makes Canada a modern democracy. They are not trivial principles. They should not be up for debate. Interfering with fundamental rights is the sign of a dying democracy, yet the Liberals have shown, time and time again, that they are dead set on desecrating this right by regulating and censoring the social media content that Canadians are able to see online.

I just want to go back a little with the history. This bill was first introduced back in November 2020, as Bill C-10, and by February 2021, the Liberals had removed a clause from the bill exempting user-generated content, which extended the legislation to encompass everyday social media content created by Canadians. Before the bill could pass in the last parliamentary session through both Houses of Parliament, I raised a point of order and exposed the Liberals' reckless approach to implementing this bill. I submitted in my point of order that several of the amendments to Bill C-10 that were made in committee needed to be struck down because the government's committee government members had grossly exceeded their authority in more ways than one.

This point of order, which was upheld in its ruling, effectively defeated the chances of the bill being able to proceed before the Liberals called their early election back in 2021. Then, of course, to no one's surprise, when Parliament reconvened after that election, the bill was re-introduced as Bill C-11, which we have before us.

In order to ensure its passage, the Liberals decided to pass Motion No. 11 in the House, which has allowed them to push through the passage of this legislation by bypassing standard procedure. When that was not enough, the Liberals decided to pass several motions to shorten the committee's study and to limit witnesses, and then accused Conservatives of filibustering every time we opposed one of those anti-democratic motions.

Last week, the Liberals finally moved closure through Motion No. 16 to force the bill through committee clause-by-clause consideration with limited or, in many cases, no debate. On June 14, just last week, the Canadian heritage committee was forced to sit from 11 in the morning until 12:15 at night to complete clause-by-clause of 172 pages of amendments, over 100 of which were passed without allowing for so much as one second of debate.

I would say that bypassing debate and rushing through an unprecedented bill is an insult to Canadians, and it only allows the government to avoid accountability. Parliament has a democratic responsibility to thoroughly examine the implications of Internet regulation, and Canadians deserve to know the truth about this deeply flawed bill. The Liberals are stifling freedom of speech by curtailing parliamentary process.

Ironically, by limiting MPs' ability to speak, the Liberals are symbolizing the censorship contained within this bill. The government does not just want to regulate the Internet and hinder freedom of speech, it is also determined to interfere with parliamentarians' right to speak and debate the same legislation that is looking to interfere with people's rights and freedoms.

Back to the bill itself, under the auspices of amending the Broadcasting Act, the legislation contained in Bill C-11 infringes on the rights and freedoms of every single Canadian who uses social media. This bill would give bureaucrats at the CRTC sweeping powers to regulate online social media content based on famously irrational criteria. It would allow the CRTC to decide what content it considers to be Canadian enough, and then force social media companies to promote that content and bury the so-called un-Canadian content, so it would be nearly impossible to find. This would effectively result in censorship.

Moreover, analysts are saying that the bill could allow the CRTC to automatically subscribe Canadians to a certain list of Canadian YouTube channels, such as the CBC, without even asking their permission. It already mandates that cable providers do this in the subscriptions they offer to Canadians, so for the CRTC officials, I am sure doing so online would only be the next logical step in their mind.

Essentially, the government has decided that Canadians are not responsible enough to choose for themselves what they want to see on social media, so it is turning on the parental controls. This notion that Canadians need to be made to watch certain content that has been deemed as socially and culturally appropriate by the government and discouraged from watching other content is the result of an out-of-touch, paternalistic approach to governing what seems to stem from Liberal elitism.

As it stands now, Bill C-11 would determine what content is Canadian enough based on a famously flawed and outdated points system, which was developed in the 1980s, decades before the advent of social media. This black and white points system designed for legacy media, has resulted in a series of truly embarrassing rulings from the CRTC in recent years. For example, an Amazon Prime series focused entirely on the Toronto Maple Leafs was ruled to be not Canadian enough under this points system. The film adaptation of the famed Canadian novel The Handmaid's Tale was also deemed to be not Canadian enough, and Deadpool, the award-winning Marvel movie based on a Canadian character, filmed in Vancouver and co-written by a Canadian, was also deemed to be not Canadian enough under this system.

Maybe we should take some comfort in the fact that the minister responsible has promised to review and update these criteria for determining what is Canadian enough, but, then again, maybe not. Strangely enough, the minister boasted about a meeting with the German minister of culture to consult with her about how to update these criteria for determining what should be considered Canadian content. He decided it would be a good idea to get on a plane, fly across the Atlantic on the taxpayer dime, and talk with Europeans about the best way to approach Canadian legislation on what is Canadian content. Maybe the minister could have consulted with Canadians instead. They are the people he has actually been elected to serve. This is just an idea.

Of course, the minister has said that he will not reveal how he is planning to change the rules until after the bill passes through Parliament. By doing this, he is leaving both Canadians and parliamentarians completely in the dark about what his legislation is going to look like in practice. It begs this question: What content will the Liberal government deem to be Canadian enough on people's social media? Will it have to be made by Canadian citizens? In that event, what about permanent residents or people here on study or work permits? Will it have to be produced in Canada? What would that mean for Canadians living abroad who make social media content? Will it have to be only in an official Canadian language? What would that mean, then, for cultural groups in Canada who speak another language?

Perhaps, and I suspect this is the actual plan, the Liberal government will require that content producers subscribe to a certain set of values to be truly considered Canadian content. The Liberals already demand faith-based groups to adhere to the Liberal Party's stance on certain issues to meet the eligibility criteria for the Canada summer jobs program. Therefore, it would be fair to assume that they will likely do the same in determining what content would be considered Canadian on the Internet or on social media.

The most alarming power given in this legislation is slipped into an unassuming clause buried in the text of the legislation that quietly allows the CRTC to create regulations “respecting such other matters as it deems necessary for the furtherance of its objects”. These 14 little words give the CRTC a blank cheque to act however it likes and arbitrarily create regulations whenever it feels it is necessary. CRTC bureaucrats are not elected officials, and they do not answer to Canadians. They should not be able to unilaterally create new regulations. It would be undoubtedly undemocratic to give them such broad, sweeping powers.

Under Bill C-11, the minister responsible assured Canadians that amateur content such as cooking videos or cat videos that people upload online would not be regulated under this proposed regulation, but officials at YouTube Canada were quick to respond to this comment by asserting that they had studied the legislation and the bill certainly would give the government the power to regulate amateur content.

I certainly know who I would believe with respect to that. That means that any content posted on any social media service could be subject to these arbitrary standards. One thing is clear. The Liberals are determined to censor our social media content, and that, by itself, is wrong.

On top of that, with the legislation being this broad, it is impossible to discern why something could be censored or the motivations behind it even. The Liberals are essentially saying to Canadians that they are going to censor what social media content we can access. They will not even tell us how they are going to censor it, but that it is okay and to just trust them on this one. I do not think so. I do not think most Canadians think so. We have seen far too many examples of the government trampling on charter rights to trust it.

We have seen how, under the Prime Minister, the government tested facial recognition technology on millions of travellers at Toronto Pearson International Airport without their knowledge or their consent. What happened to freedom?

We have seen how the government has been collecting cellphone data since the beginning of the pandemic without the consent of Canadians. What happened to freedom?

We have seen how, during a largely peaceful protest in downtown Ottawa, the government invoked the Emergencies Act to use unjustified and extraordinary powers against its own citizens. What happened to freedom?

We have seen how the government has discriminated against people based on their personal medical choices to bar them from air travel, despite a complete lack of scientific evidence. What happened to freedom?

In a recently revealed submission to the Department of Canadian Heritage, Twitter protested the recent proposals that would allow the government to block website access on the Canadian Internet saying that the measure would be similar to the kind of censorship found in places like China, North Korea and Iran. The submission goes on to say that the proposed measure “sacrifices freedom of expression to the creation of a government run system of surveillance of anyone who uses Twitter”. What happened to freedom?

The government is obviously not interested in respecting the rights or freedoms of people. The alternative to Bill C-11 is freedom. The only solution is to keep the government out of the equation.

Canada has long been home to many renowned actors, film makers, artists, performers and social media icons. It is belittling of the government to think that the only way Canadian art and culture can survive is through punitive legislation that forces people to watch it. The quality of Canadian content speaks for itself. The last thing it needs is to be propped up by a Liberal censorship regime.

Without government intervention, social media can continue to be a free market of ideas, content and information. Under this system, individual Canadians are left to decide for themselves what they want to see on social media. They will watch what they want to watch and ignore what they do not. Only under this self-regulating system can freedom truly exist.

Therefore, I move, seconded by the member for Mission—Matsqui—Fraser Canyon:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be not now read a third time but that it be read a third time this day six months hence.”