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.

Similar bills

C-10 (43rd Parliament, 2nd session) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)
C-11 (2013) Priority Hiring for Injured Veterans Act

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-11, the Online Streaming Act, aims to modernize the Broadcasting Act to include online streaming services, ensuring they contribute to the creation and discoverability of Canadian content, reflecting Canada's diverse communities and linguistic duality. The bill seeks to level the playing field between traditional broadcasters and online platforms by requiring streaming services to support Canadian content financially and through discoverability measures. The legislation aims to support Canadian artists, creators, and the cultural sector while protecting freedom of expression.

Liberal

  • Modernizing broadcasting act: The Liberal Party is reintroducing reforms to the Broadcasting Act to modernize it for the digital age and support Canadian content creation. The aim is to update the act so that it continues to serve Canadians in an increasingly digital age, noting the last amendment was in 1991.
  • Supporting diversity and inclusion: Bill C-11 aims to ensure greater representation in entertainment media for minority communities, including francophones, Indigenous peoples, LGBTQ+ persons, and persons with disabilities. The legislation will make it possible for minority communities to be better seen and heard in digital media.
  • Economic benefits to Canada: The bill aims to reverse a concerning trend of decreasing Canadian television content production and projects that it could benefit Canada's cultural production ecosystem by more than $1 billion annually. The updates would ensure that regulations can evolve alongside the industry, rather than chasing to keep up.
  • No regulation of the internet: The Liberal speakers emphasized that Bill C-11 would not regulate the internet or control what Canadians view online, but rather regulate foreign streaming companies and domestic ones. The bill would ensure that traditional broadcasters, streaming platforms, and Canadian artists are backed and supported.

Conservative

  • Against Bill C-11: The Conservative party is against Bill C-11, arguing it infringes on freedom of speech and gives the CRTC excessive powers to regulate online content, leading to censorship and government overreach.
  • Lack of transparency: The Conservatives criticize the Liberal government for limiting debate and rushing the bill through Parliament, bypassing standard procedures and restricting the ability of MPs and Canadians to scrutinize and provide input on the legislation.
  • Harm to content creators: The Conservatives argue that Bill C-11 will negatively impact Canadian digital content creators, burdening them with regulations, potentially reducing their visibility, and allowing the government to pick winners and losers in the digital space.
  • Broad and vague powers: Conservatives express concern over the broad powers granted to the CRTC by the bill, including the ability to regulate content based on vague criteria and to create regulations on matters it deems necessary, leading to uncertainty and potential abuses of power.

NDP

  • Supports bill C-11: The NDP supports Bill C-11, viewing it as essential and long overdue legislation that will modernize the funding ecosystem for Canadian artistic and cultural content. They believe it addresses a broken and unbalanced system that penalizes creators while allowing web giants to profit without contributing.
  • Level playing field: The NDP aims to level the playing field by requiring online broadcasters, like Netflix and YouTube, to contribute financially to Canadian content creation, similar to traditional cable companies. This measure is intended to restore balance, inject money into the industry, and support creators more effectively.
  • Successful amendments: The NDP successfully introduced amendments to improve Bill C-11, including clarifying the mandate of Radio-Canada International, increasing support for Indigenous productions, and strengthening measures for marginalized groups like racialized people and people with disabilities. They also advocated for enhanced support for community television and radio, as well as greater protection for local jobs and intellectual property.
  • Conservative obstruction: The NDP criticized the Conservative Party's handling of the bill, accusing them of filibustering in committee, blocking witnesses, and obstructing improvements to the legislation. They contrasted this with the NDP's approach of working to improve the bill and secure positive outcomes for Canadians.

Bloc

  • Supports bill C-11: The Bloc Québécois supports Bill C-11 because it is time to pass this bill that our cultural and broadcasting industries have awaited for such a long time, since the Broadcasting Act has not been updated since 1991.
  • Importance of original French content: The Bloc Québécois emphasizes the importance of protecting original French language programs and ensuring that broadcasting companies produce original content in French, as opposed to simply dubbing content into French.
  • Discoverability of Canadian content: The Bloc supports the discoverability of local content on broadcasting platforms to ensure that it is promoted, easy to find, and available, because they were elected to protect the interests of Quebec voters, not multinational corporations.
  • Sunset clause: The Bloc supports the inclusion of a sunset clause that requires a review of the Broadcasting Act every five years, allowing for necessary amendments and adjustments to be made in a timely manner.
  • Web giants contribution: The Bloc feels that foreign companies should hire Canadian and Quebec human resources, creative resources and talent as much as possible, and that the Canadian government is letting them walk all over it.

Green

  • Bill is needed, but flawed: The Green Party acknowledges the need to modernize the Broadcasting Act, but believes that Bill C-11 contains vague language and contradictions. They are also concerned about provisions that could allow for the regulation of user-generated content.
  • Supports bill despite concerns: One Green Party member will vote in favor of the bill. Acknowledging the issues they will support it to address the economic imbalance faced by Canadian artists due to the rise of digital broadcasters.
  • Economic disparity for artists: The party highlights the reduced economic status of Canadian musicians and creators compared to those in the U.S. due to the rise of digital broadcasting. The need for the Broadcasting Act to promote Canadian creators within Canada and overseas is emphasized.
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Online Streaming ActGovernment Orders

June 20th, 2022 / 6:10 p.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, the reality is that what people see online is already being regulated. It is being regulated by multinational corporations that are not paying their fair share. They decide what people get to see. They already do that, and they do not contribute. To say that there is somehow going to be some strange oversight that is going to go too far is really misleading, and is really disappointing to hear.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:10 p.m.

Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I want to congratulate my colleague from Edmonton Strathcona for her speech. As she mentioned earlier, I had the pleasure and privilege of working with her on Bill C‑10 last year.

I almost rose earlier on a point of order. I believe there is a standing order that states that we cannot lie and we cannot spread misinformation. I believe I heard my colleague say that she was 50 years old. Enough is enough. We are being taken for fools. This colleague is not 50. If she is 50, then I am 85.

That said, I recall that we worked very hard to advance Bill C‑10 last year despite the obstacles we faced. I would like to know whether my colleague has had the chance to take a look at what is in Bill C‑11, and if she found that there were things missing that we had added to Bill C‑10.

Are there amendments that she would have wanted to make to Bill C‑11 this year, even with the good work done on Bill C‑10?

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:15 p.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I would just say that it was very kind of my colleague to comment on my age and me not looking that age. Perhaps I will take this opportunity to wish my father a very happy Father's Day and to thank him for his genes.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:15 p.m.

The Assistant Deputy Speaker Carol Hughes

Resuming debate, the hon. parliamentary secretary to the government House leader.

I cannot imagine that he can beat that comment.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:15 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, you are quite right. It is quite the comment to follow.

I look at Bill C-11 from a totally different perspective from the official opposition: from how they see the bill and interpret the legislation. Understanding that things change through time is really important here. It seems to be something the Conservative Party has not necessarily realized yet.

I raise this in the form of a question. When we talk about how things change over time and the need to modernize the legislation, I figured it would have been fairly easy to argue why Bill C-11 was so important to Canada. We need this legislation. I want to talk about why it is so important that we have this legislation shortly.

Suffice to say, when I was first elected in the eighties at the Manitoba legislature, we did not have very much when it came to Internet services. In fact, those were the days when we actually had to use the telephone line: We would hear the dial up, the long buzz and then one would know they were on the Internet by a certain sound that came through the computer speakers. It took a while to see that take place.

A few years later, as we started to get into the nineties, things became a whole lot more advanced with the Internet—

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:15 p.m.

The Assistant Deputy Speaker Carol Hughes

There is a point of order by the hon. member for Fort McMurray—Cold Lake.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:15 p.m.

Conservative

Laila Goodridge Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, I want to bring to the attention of the chamber the lack of quorum in this place. I understand a motion was passed on this, but it is really sad that we are discussing such an important piece of legislation and there is no quorum.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:15 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member is aware that there are members participating virtually as well, but I will take a minute to double-check quorum and will get back to the hon. member.

And the count having been taken:

Between members in the House and those virtually, there is quorum.

Resuming debate, the hon. parliamentary secretary to the government House leader.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, it is interesting to be interrupted with a quorum call. Many people working throughout the day often go to the MP lobby to get something to eat. I suspect we will find that on all sides of the House. It does not mean there is a lack of interest in what is taking place. The lobby is just through the door.

I want to pick up on the point that things have changed. Back in the nineties, the Internet started to speed up in a very significant way. There was nothing called Netflix when I was first elected. When we look at the speed that is required to have the type of streaming we have today, it was not even being imagined by most people back then. That was the time we last saw the modernization of Canada's Broadcasting Act.

Most Canadians understand and appreciate why it is important to have the CRTC, for example. Based on some of the arguments put forward by the Conservatives today, I am beginning to think they would get rid of the CRTC if they were put in government. That is just based on some of the comments they have put on the record. However, if we reflect on the important role that the CRTC has played in Canadian society, it is really—

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:20 p.m.

The Assistant Deputy Speaker Carol Hughes

There is another point of order by the hon. member for Fort McMurray—Cold Lake.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:20 p.m.

Conservative

Laila Goodridge Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, I call quorum.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:20 p.m.

The Assistant Deputy Speaker Carol Hughes

I will check on quorum one more time.

And the count having been taken:

There are more than enough members for quorum at the moment.

I will return to the hon. parliamentary secretary to the government House leader.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:20 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the games continue to be played. At the end of the day, I can assure everyone that there is a keen interest in this, at least on behalf of three political entities in the chamber. Members of the Liberal Party, the Bloc, the NDP and the Green Party recognize the true value of the passage of Bill C-11. It is only members of the Conservative Party of Canada who seem to want to bury their heads in the sand, not realizing that as time passes, technology changes. The advancement of the Internet has dictated the need for us to bring forward legislation of this nature.

We are bringing forward this legislation to ensure there is a level playing field. Unlike the Conservative Party of Canada, we care about an industry that provides billions of dollars to our economy and provides opportunities to creators, actors and so many other people from coast to coast to coast. It is only the Conservative Party of Canada that does not realize the true value of Bill C-11. Instead, what we get a sense of with the new Conservative Party is a hard right turn.

If we look at the member for Carleton and some of the things he has been talking about—

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:20 p.m.

The Assistant Deputy Speaker Carol Hughes

We have a point of order by the hon. member for Mission—Matsqui—Fraser Canyon.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:20 p.m.

Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I have risen on this point of order on more than one occasion already in response to the member for Winnipeg North. Categorizing the Conservative Party as a hard-right political party is not parliamentary language and insinuates that my party is hateful. I kindly ask that the member take back that comment and continue his debate in good faith.