Bill C-11

Online Streaming Act

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

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

Online Streaming Act

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

Madam Speaker, I thank my colleague for his excellent question.

The bill has the support of several important groups, such as the Coalition for the Diversity of Cultural Expressions and the Coalition for Culture and Media in Quebec. It is also being closely watched by francophone communities outside Quebec, which are very interested.

I remember meeting with people from Acadian cultural societies in New Brunswick. I hope that the minister will be honest in his consultations, and I think that changes or guarantees could be offered to these francophone communities outside Quebec. I am thinking about the Acadians, but also, as I mentioned before, the indigenous nations.

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

Madam Speaker, I thank my colleague from Rosemont—La Petite‑Patrie for his excellent speech and comments, which line up with most of our ideas.

I would like his take on the work that was done on the former Bill C‑10. The Bloc Québécois made a lot of suggestions, additions and corrections to improve it. We are now faced with the current Bill C‑11, which I certainly think could easily be passed once it is studied.

The thing that bothers me is the $80 million a month that skips over the creators and goes straight to the broadcasting bigwigs. It makes me so mad. As a singer-songwriter myself, I know that all of my colleagues are up in arms over this.

Does my colleague also believe that we must deal with the bill urgently and efficiently?

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

Madam Speaker, I share his sense of urgency. A considerable amount of money is being stolen from artists every month and every year. I am not an artist, but I am quite familiar with their situation because my brother is part of the Quebec folk band Le Vent du Nord. Members of the band are paying close attention, and they want the government to act as quickly as possible.

I think we can do that because Bill C-11 is a good foundation on which to build. The last time, the Bloc Québécois made a lot of suggestions and improvements, and the NDP supported most of them. I think that the Bloc did the same for the amendments suggested by the NDP, so I think we will be able to work together because we both have a strong interest in these issues.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I will begin by thanking my hon. colleague, who has done absolutely tremendous work in this area. I could not agree more with him that the arts community has been gutted, particularly now that we are in a pandemic. That is one of the reasons I put forward a bill for a guaranteed livable basic income, something that would be a game-changer for artists.

My hon. colleague spoke about how the NDP has fought to ensure that the orders and conditions required by the CRTC from the web giants are transparent, public and do not contain loopholes that web giants can use to circumvent their obligations to fund Canadian cultural content and make it discoverable. Could my hon. colleague expand on that and why this is critically important?

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

Madam Speaker, I thank my colleague for her question. I know that there is a very active and vibrant artistic community in her riding that has been weakened by the laissez-faire approach of successive federal governments and by the current crisis, which is still ongoing.

I think she made an excellent point. As a progressive opposition party, we must be very vigilant about the powers given to the CRTC.

I spoke a bit about that earlier. We need to be very serious and firm about information, data transparency, negotiations with web giants and the obligations that will be imposed. In my past life, I often saw the CRTC being somewhat lax, weak and complacent with large corporations.

If the directives and guidelines are unclear, we cannot automatically assume that the CRTC will do the right thing.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I thank my colleague for his speech. He seems very knowledgeable about this issue; good for him.

He said the act has not been updated since 1991 and commented that he did not know if it was a good thing or a bad thing that he remembers those days. Unfortunately, I was not yet born, so I do not remember it. I am so sorry, but that joke really made me laugh.

I heard him mention algorithms, which is something that really interests me. At the end of his speech, he pointed out that the act does not really say much about CBC/Radio-Canada.

In the regions, we have issues with coverage. We have just one or two reporters covering Rimouski, Matane, Gaspé, Chaleur Bay, the Gaspé coast and the Îles‑de‑la‑Madeleine. I think that deserves our attention. Perhaps my colleague agrees.

How could that have been built into this bill?

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

Madam Speaker, I thank my colleague from Avignon—La Mitis—Matane—Matapédia for her excellent intervention.

This reform of the Broadcasting Act could indeed have been a good opportunity to do that. The Canadian Broadcasting Corporation has beautiful, modern facilities in Montreal, but unfortunately, the corporation itself could use a little updating in terms of its mandate, its role and its resources.

I am also very sympathetic to what my colleague said about regional coverage. I would perhaps even go a little further than she did. There are also problems with coverage outside Quebec. Many francophone communities outside Quebec do not get much news coverage from Radio-Canada, so they get very little out of the public broadcaster. A lot of work needs to be done to improve that, particularly by having a more independent board of directors, who can then make their own choices.

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I will be sharing my time with the hon. member for Lac-Saint-Louis.

It is an absolute privilege for me to stand in the House today, on behalf of the residents of my riding of Davenport, to speak in support of Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts. I am truly grateful for the leadership of the Minister of Canadian Heritage and the work that he, his department and his team have done with respect to the bill.

As I have mentioned many times in this chamber, my riding of Davenport, in Toronto's west end, is home to more artists, creators and those in the cultural industry than probably most ridings across this country. Anything that impacts artists and cultural sector is of great interest to me and to the residents of my riding.

Before I go any further, I would like to acknowledge that I am delivering this speech from the unceded traditional territory of the Algonquin nation.

Our federal government is committed to advancing the interests of Canada and Canadians through a forward-thinking digital policy agenda. This will include steps to make the Internet fairer and safer for all Canadians, while ensuring that it remains an engine for innovation.

For decades, our system has guaranteed the creation of Canadian movies, TV shows and music. Today, streaming platforms benefit from access to the Canadian market, but have zero responsibility toward Canadian artists and creators. With Bill C-11, our online streaming bill, we are asking online streamers to showcase and contribute to the creation of Canadian culture. The online streaming act would also improve fairness in the broadcasting system and ensure the sustainability of our cultural industry and the livelihoods of Canadian artists and creators.

A key and important element of the online streaming act is its application to online streamers. This issue has seen a lot of debate in the past, but our approach moving forward is quite simple. Canadians will continue to be able to use social media as they always do and will not be subject to this legislation. User-uploaded programs on social media, including those of digital-first creators, are excluded.

The online streaming act is about broadcasting and ensuring that online streaming services that provide access to commercial programs are required to contribute in an equitable manner. During the last parliamentary session, this bill's predecessor was the subject of a lively debate about the treatment of social media services and their role in supporting our creators and culture.

We know that parliamentarians, broadcasters, cultural creators and all Canadians rightfully value freedom of expression. We are also passionate about supporting our unique, vibrant culture and ensuring that there is a prominent place on our airwaves, our TV screens and the Internet for Canadian music and stories.

Let us be clear. The online streaming act would not force a choice between these important objectives. Our federal government listened to the concerns of many different stakeholders, built on the work of my colleagues from the last parliamentary session and, as a result, changed the approach to appropriately recognize the role of social media platforms. Under this approach, users of social media, including online streamers, are not impacted. The bill would not impact their choice of freedom of expression.

Social media services play a role both as communication tools and as broadcasters. The online streaming act recognizes this dual function. When social media services are used as communication tools to share personal content, they are not covered by the bill. In fact, the vast majority of activity on social media services is not covered by the act.

At the same time, the CRTC can impose obligations of social media services in situations where their activities are the same as those of other online broadcasters. The approach is simple.

First, the users of social media services are not considered broadcasters. They will never face obligations under the act. This means that no matter how active we are on social media, what we post, read or comment on will always fall outside the scope of the Broadcasting Act. The online streaming act is not about our activities on social media.

Second, social media services like YouTube can only have obligations in relation to the commercial programs they carry on their services. Content that does not generate revenue, the content of digital-first creators that is only distributed on social media and amateur content are excluded.

Finally, when social media services are used to distribute commercial music, they can be required to contribute in the same way as other online streaming services. It is only fair. After all, two-thirds of Canadians listen to music on YouTube. We owe it to our talented creators and our Canadian broadcasters to ensure fair treatment of programs consumed on different platforms, regardless of how they are distributed.

I will outline this approach in greater detail. The online streaming act is not about regulating the Internet. It would not affect Canadians' ability to use the Internet. Canadians would be able to connect with friends and family, and stream their favourite movies and TV shows, just as they always have done. The act would set clear limits as to where the CRTC may impose obligations. Content uploaded by Canadians on social media platforms, such as Facebook or YouTube, would not face obligations, except in clearly defined circumstances as provided in section 4.2 of the act.

Let me provide a few examples. Ottawa's Jade Taylor-Ryan uploads a video of her dancing cat, Ed, that reaches over 10 million likes on TikTok. Jade Taylor-Ryan is a user of social media and would never be covered by the act. TikTok would also not face any obligations in relation to Jade's video. Gurdeep Pandher, Yukon's famous bhangra dancer, uploads his YouTube videos that have danced their way into many hearts. Gurdeep Pandher is a user of social media, and would never be covered by the act. YouTube would also, in this case, not face any obligations in relation to Gurdeep's videos. YouTube and other social media services cannot face obligations in relation to these user-uploaded videos, because they are not the kinds of videos offered on other streaming or traditional broadcasting services, such as TV and radio stations, or Spotify and Netflix.

Again, if a Canadian uploads a video of their child's birthday party, that would also fall outside the scope of the act. Even when a Canadian captures their pet's hilarious moment and uploads it to social media, where it goes viral with millions of views, both the user and the content would always fall outside of the scope. Again, the act would not apply to content generated by everyday Canadians or to social media services for their distribution of that content.

This brings us to the question of digital-first creators. Social media platforms have helped turn many Canadians into household names. We have seen the rise of such talents as Gigi Gorgeous and Asian-Canadian pop singer, Alex Porat, on YouTube. Platforms like Bandcamp and SoundCloud have provided opportunities for artists such as Hussein Ahmed, a.k.a. Handsome Tiger. He is a producer and DJ of Anishinabe-Métis-North African descent. These individuals are among the many Canadian digital-first creators. Their content is developed first and foremost to be distributed on social media platforms. It is not distributed through other broadcasters.

The intention of this bill is not to interfere with or stifle these Canadian voices. That is why the government intends to instruct the CRTC through a policy direction to ensure that the content of digital-first creators be excluded from the act. Therefore, social media services would not face any obligations in relation to the programs of digital-first creators. We have been clear on this from the very start.

The online streaming act would only allow the CRTC to impose obligations on social media services with regard to a subset of commercial content, such as commercial music. The legislation includes three factors the CRTC would have to consider in identifying commercial programs. It would consider the amount of revenue generated by the program, whether the program was available on other traditional or online broadcasters, such as Netflix or Spotify, and whether the content had been assigned an international standards code number.

The objective here is fairness. Any service used to distribute commercial programs in our homes, cars or pockets would be required to contribute to Canadian stories and music. This approach would ensure that music like Edmonton native Ruth B.'s song, Dandelions, which is also popular, would be treated the same way when made available through YouTube as on the radio or Spotify.

In conclusion, the new approach to social media in the online streaming act would ensure that social media services contribute in an appropriate manner to the Canadian broadcasting system while respecting the rights, freedoms and choices of Canadians. With our online streaming bill, we are asking online streamers to showcase and contribute to the creation of Canadian culture. Both Canadian broadcasters and streaming platforms should play from the same set of rules. I ask all the hon. members of the House to support the online streaming act. We owe it to our creators, our culture and all Canadians.

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 second time and referred to a committee.

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, a lot has been said in the debate today about social media and about web giants. I was curious to notice that the member for Davenport has spent $18,955 on Facebook advertising in the last couple of years. With subsection 4(2), on direct or indirect revenue generated from social media content, I am curious as to whether the member thinks that the $18,955 she has spent on Facebook advertising would be captured under subsection 4(2) of the act.

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I want to thank the hon. member for his advocacy for everything to do with arts and culture in this country. As I mentioned, in my riding, we have so many artists that anything to do with this sector is very important.

The objective of this bill is to bring online streaming services under the jurisdiction of the Broadcasting Act. It is to modernize a very outdated piece of legislation and make sure that we treat our broadcasters the same as our online streaming services. That is the key objective of this legislation.

[Nathalie Sinclair-Desgagné, Bloc, Terrebonne, QC]

Madam Speaker, my colleague and I are both members of the Standing Committee on Finance, and we heard some really compelling evidence from Sophie Prégent of the Union des artistes. She said that artists have suffered enormously during this pandemic, and that never before had they withdrawn so much money from their RRSPs.

Bill C-11 could have helped many of these artists earlier. Why did it take so long for the government to introduce it?

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, that is a very important question.

In terms of this legislation, I want to point out, because it is important to raise this, this legislation would update CRTC guidelines that will increase the proportion of French-language content to be supported through the Canadian media fund and other streams.

In terms of support, we did introduce this relatively quickly. The last election happened only last September, and we came back into session in November and December, so I feel that we have made a priority of reintroducing this bill.

I will say, though, that I share her concern, and I have heard also from artists from my own riding as well, about the need for additional support. I am really proud of the support that our federal government has given to artists through the CERB and CRB to very targeted and specialized funding for the arts and culture sector. We have had the backs of our artists, and we will continue to do so moving forward.

[Laurel Collins, NDP, Victoria, BC]

Madam Speaker, levelling the playing field with online streaming web giants is critical. Just as Canadian cultural workers, artists and broadcasters have been calling for these changes to ensure Canadian content is protected and supported, Canadian publishers have been calling on the government to address concerns in their industry.

I spoke to Orca Book Publishers, an incredible Canadian children's book publisher located in my riding of Victoria. It talked about the need to ensure continued access to a diverse range of Canadian-authored books published by Canadian-owned companies. One of the ways to do that is to ensure the Canada book fund is adequately resourced. It also spoke about how COVID‑19 has exposed long-standing weaknesses in the Copyright Act. The legal framework—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I did ask for a brief question. I will allow the hon. member to respond. We do not have very much time.

The hon. member for Davenport.