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

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 4 p.m.


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Bloc

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

Madam Speaker, I cannot believe that it is mid‑June and we are still debating the long-awaited bill to reform the Broadcasting Act. We have been waiting for 30 years.

My colleague, the member for Drummond, and his colleagues at the Standing Committee on Canadian Heritage almost managed to pass Bill C‑10, the first version of the current Bill C‑11, in the last Parliament. Our democracy and our work are dependent on royal assent, which was refused. We had to start over.

I applaud the very useful work done during the 43rd Parliament on the former Bill C‑10, which resulted in the current bill, Bill C-11, being more substantive. It has already been well-received by the creative industry. We therefore saved time.

However, today, I am getting the unpleasant impression that this is the same movie over again. All that does is fuel cynicism among Canadians. I wonder if those who are dragging this out by filibustering really care at all about culture itself, its creators, its broadcasters and its audience. The audience is worried there will be no new content. They are worried about losing their content creators, who are stretched thin. That would mean losing the thing that has been giving life to modern societies, all the way back into antiquity: culture.

For those watching our debates, I want to talk about the crucial steps involved in creating a finished work, or rather one that has been allowed to leave the nest. Indeed, a work is never really finished. It is a bit like raising children: We pour our love, values, time, energy and emotions into them, but there comes a time when we simply have to let them fly on their own, taking the best we have given them. A work of art is the same thing.

I could talk about creating a painting, a dance, a circus show or a sculpture, or writing a novel or a play, but my world is music. Music is what I know.

I know that all artistic endeavours go through essentially the same stages: research, development and creation of the idea through to final composition, preproduction, production, deciding where to release the work and how to promote it, marketing, and public performance. No matter the art or expression, there are many stages, all of them demanding.

It is important to remember that, for many singers and musicians, the creative process does not end with recording their music and songs.

Artists have to work on their instrument. Singers have to develop and refine their vocal technique. They have to pay a voice coach to help them manage their energy and polish their raw talent, just like professional athletes train to master their technique. It is hard work, and the best trainers are expensive.

Singers also have to develop their musical ability. Many accompany themselves on an instrument or two. Those musical instruments are pretty much essential tools for setting lyrics to music. The next step is a comprehensive creative process that unites words and music.

Some participate in workshops. Others are more self-taught. Still others call on the musical talents of veteran musicians. Eventually inspiration strikes. As if by magic, lyrics find their musical match, words weave their way in and out of chord progressions. That is the joy of creation.

Once the song is written, or rather, the songs are written, because it takes more than one to market an artist, some fine-tuning is needed. Artists have to surround themselves with good musicians and find a producer to finance the recording of the songs, since the basic vehicle for the art of songwriting is people hearing the songs. Some will invest the money and produce it themselves. Others, a very small percentage, might be able to access a few government incentives. Most—and I emphasize that word—are their own producers and will invest their own money, or worse, go into debt to try to break into a market that has become increasingly opaque.

Let us talk about the production stage. I will talk about my own experience, because it is mine, and it is the one I know best. I recorded one of my albums at my family's home in Isle-aux-Coudres. I wanted my collaborators and the musicians to be captivated by that majestic river, which I wanted to celebrate in song. I was hoping the setting would enrich their musical performance and therefore further enhance my songs.

My father, who had always been a bit skeptical about this whole singing business, and who thought, like many people, that it was easy, fun and simple to make music if you had a bit of talent, was genuinely amazed at the science behind the recording process and the amount of time it requires. When he saw that it took half a day just to balance the drum and bass levels, he could hardly believe it.

For a good week we worked on guitar, violin, the accordion, keyboards and vocals. We started the preproduction; we played all the songs to become familiar with them, to find the sounds and harmonies, to find the right instruments for each song. Then we were finally ready to record.

Each song has its own universe. We start by recording a guiding vocal track. It is not the final vocal track; it is just the one that will guide the musicians. Then we record one by one and we record the final vocals and the vocal harmonies that support and enhance the whole work. We do all that for the 10 or 12 songs that will be part of the album that we hope will be the best one of our lives.

Is that it? No, far from it. Then each song needs to be mixed, because all these sounds need to have a pleasant balance and appropriate audio to make it pleasing to the ear, which will drive the rest.

After the mixing, is it done? No, not at all; then comes the mastering, what we call matriçage in French. We need a master in the art to ensure that every volume is appropriate for the different broadcasting forms, either the radio, headphones or outdoor broadcasts, at low decibel levels or high decibel levels. It is an art and it is expensive.

Is it done? No, not yet. The next step is to find a graphic artist who will be able to showcase the entire work and create an attractive presentation for a CD booklet, the cover for a vinyl record, which is my favourite medium, or the visual accompaniment for the music on streaming platforms.

Now is it done? No, not yet. The artist still has to get their music out there by hiring a manager or an agent, as the case may be, to promote the album to various broadcasters and promoters. It is of course imperative to create a show in order to bring the work to life. Then the process starts all over again: looking for a venue, a sound technician, a lighting technician and a stage manager, finding some available musicians and putting on a show. If, and only if, the work is a success with the public will the artist earn a little income from the process.

I have to emphasize that regardless of the artist's popularity, it is only if streaming platforms have copyright and reproduction rights obligations that all these efforts and the financial risk taking will be compensated with a small amount of royalties.

That is what creating involves. Creators are resilient, patient and firmly convinced that their works play an important, not to say fundamental, role in the social universe of the community.

The last time that I rose in the House to speak to Bill C‑11 was 34 days ago.

According to the former minister of Canadian heritage and current Minister of the Environment and Climate Change, for every month that goes by without passing this bill, creators lose roughly $70 million. Using cross-multiplication, we can calculate that the creative industry has lost a little over $78 million since my last speech. Since the beginning of this Parliament, our culture and its content creators have been deprived of $1.33 billion.

We cannot wait any longer to pass Bill C‑11. The survival of our artists, the very essence of our cultural past and future, has been hijacked by these political squabbles. We need to stop treating creators like drones that create art to entertain us. Yes, they do entertain us, but that is their job. It is a demanding job that requires a lot of discipline and courage. It is also, above all, how they earn their living.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:45 p.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, first of all, I am going to share my time with one of my Bloc Québécois colleagues.

It is a pleasure to speak to Government Business No. 16, which is for Bill C‑11. Unfortunately, it is not exactly a great pleasure because it feels like Groundhog Day. We went through essentially the same thing with Bill C‑10, which was introduced in the previous Parliament and was kind of hit or miss as far as the wording went. A lot of work was done. A year on, I feel like we are still bogged down for various reasons that are not necessarily the fault of a single person. All parties contributed to the delays in modernizing the Broadcasting Act. The problem is that, in the meantime, artists and small radio stations and media outlets are suffering and struggling to survive in this high-tech world.

I would like to begin my speech with a look at the current situation. A year has passed and, not surprisingly, the situation is no less urgent. In an article in La Presse just this morning, Alexandre Sirois wrote about the “digital barbarians” that have to be reined in. Here is what he said:

A bill like this to rein in the “digital barbarians” is long overdue. Alain Saulnier uses that colourful expression as the title of a very relevant essay in which he explains the massive devastation caused by companies like Netflix, Amazon, Apple and Google.

The journalist explains that the fate of local culture on the web giants' platforms is quite similar to that of the soft drinks that are relegated to the bottom shelves in grocery stores because the big brands monopolize the best spots.

“That is why access to our content, its discoverability, is the most important issue for the future of all non-U.S. cultures.”

Discoverability is at the heart of this matter. It reminds me of a little anecdote. I was fortunate enough to be part of a delegation abroad recently, along with some of my colleagues from English Canada. Something really struck me. When we were talking about culture and what we watch on TV and listen to on the radio, I noticed that there were almost no common references between Quebec culture and English Canadian culture. Our common references are to American culture. This illustrates how global U.S. culture has become and what a strong impact it has on other cultures, to the detriment of our local culture.

We need to urgently legislate the broadcasting situation because of the repercussions it is having on small players in a context of globalization and the Internet, which is an ever-growing presence in our lives.

Some reports published in 2020, including one by the Canadian Association of Broadcasters, or CAB, projected losses for radio and television broadcasters to the tune of $1.6 billion between 2020 and 2022. That is major. CAB also mentioned that, in the six months following the 2020 report, there could potentially be 50 radio stations at risk of closing and no fewer than 150 more in the next 18 months. That represents a potential loss of 2,000 jobs, or the equivalent of roughly 24% of the jobs that existed in 2019.

Revenues are down across the board. Roughly 40% of private stations have posted a negative net income over the past few years. It is a disaster. This is a huge loss of $336 million between 2010 and 2020 for general television networks. Things are not going very well at all. We also know that this erosion is having an impact on local content in traditional media to the benefit of everything that is on the Internet. Roughly 52% of audiovisual content produced in Canada is not Canadian content. We import a tremendous amount of products because our products are less discoverable.

In this context, production by francophone minority communities is only 4%. Meanwhile, the digital platforms are thriving, but our local content is not on those platforms because of the discoverability issue. Only 2.7% of the 10,000 most popular songs on digital platforms are French songs, so there is also a linguistic aspect that is worrisome here.

I am not saying that Bill C-11 is perfect. Some parts could be improved, or have been improved compared to Bill C-10. One of the issues that the Conservatives were particularly concerned about was algorithms, and that has been addressed. With the first version of Bill C‑10, the CRTC would have been able to intervene and require businesses to change their algorithms to improve discoverability. That was taken out of Bill C‑11. I would say that may be a good thing because, at this time, we may have a tendency of being more preoccupied with the letter of the bill than the spirit. The bill now better reflects the spirit. We want local content to be more discoverable, but we will let the companies determine how to achieve that through advertising, suggestions or other means.

People have mentioned and are still mentioning that there are concerns about the platforms that could be included. The bill does not set out which platforms are included and which are not. Things are being left open so that more platforms could be added in the future. I tend to think that might be a good thing because the bill needs to be adaptable, given how quickly things change in the online realm.

Finally, some definitions may not be clear. The bill is perhaps not perfect, which is why it would be a good idea to give members more time to work on amendments in committee. However, I understand that the Conservatives have been filibustering and putting up roadblocks. I would have liked to talk more about this, but I do not have much time left.

I do want to say, however, that what the Conservatives are unfortunately doing to interfere in this file is a tremendous act of bad faith. The Bloc Québécois recently moved a motion on what happened at Hockey Canada, and the Standing Committee on Canadian Heritage must be the one to look into these allegations of assault. The committee members proposed adding hours so that we could deal with both issues at the same time, but the Conservatives refused. This shows that they are more interested in wasting time than anything else.

There was also a motion to allow the Standing Committee on Canadian Heritage to travel. At the same time, the Conservatives denied approval for the foreign affairs committee to travel, showing once again that this is a tactic to waste the House's time. Conservative members claim that there is not enough time to hear from witnesses, but when asked how many witnesses would be enough, they are unable to provide a number. This, even after the committee already heard from a number of witnesses, including some YouTubers who came to testify in committee not once, but twice.

That said, the Liberals are not beyond reproach either. The time that was allocated to debating Bill C‑11 in committee could have taken place between June 2021 and February 2022. Last June, we knew that we were on the verge of an election, which is why the Bloc Québécois supported a closure motion that was much more restrictive than this one. The super-closure motion we are debating today makes the seven other motions recently voted on in this place look like mere technicalities.

If the House had not shut down for an election, we probably would have been able to get Bill C‑11 through third reading, get it through the Senate and get it passed. All of the time we lost from June to February is much longer than the time that the Conservatives have wasted here in the House.

No one is without blame here. One side is unfortunately systematically obstructing our work. I can understand, to a certain extent, the use of some form of closure on this matter. This is why the Bloc Québécois voted in favour of closure on Bill C‑10 the last time, in a completely different context, because we knew that we were headed into an election.

That does not justify this closure motion, which is much broader and less appropriate given the urgency. In fact, we know that even if we vote in favour of closure now, the bill will not make it through the Senate in time, since there will only be a few days left for the Senate to sit after the motion has been passed in the House, most likely around June 20, 21 or 22, depending on how things are going, and if there is another filibuster.

Unfortunately, no one is without blame here. As I said at the outset, the two main parties in the House keep this going like Groundhog Day. Sadly, the ones who are paying the price are our small traditional media.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:40 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I am so tired of hearing the Conservatives spout lies about Canada's arts industry. I cannot take it any more. I have spent so many nights here working on Bill C-11 until midnight and listening to the same speeches about censorship and freedom of expression, speeches about things that have never been proven, that do not exist. The only place those things exist is in the Conservatives' parallel universe.

This nonsense needs to stop. We need to help Canada's arts community. Everyone agrees.

If we accept the Conservatives' premise and do not pass Bill C‑11, what is the Conservatives' solution? What will they do?

We are not saying that it is perfect. However, if we do not go ahead with Bill C‑11, what will the Conservatives do to help our artists in Quebec and Canada?

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:40 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, that is the question: why? Why would the government not just be open and transparent and release the policy directive?

Bill C-11 would provide the CRTC with a significant of regulatory authority, but without the direction from the government, we do not know how the CRTC will interpret that regulatory authority, and we will not know until after we have already been forced to vote on this bill. That is the issue.

If the government wanted to be open and transparent, it would table that document today, as it did with Bill C-10. The question is, what is the government trying to hide?

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:20 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, there is a dull rumble in the room because everyone is so outraged about this motion that they cannot constrain themselves, given the concern they have.

Folks at home might have read the newspaper over the weekend and wondered why there is a rush with this programming motion. The Minister of Canadian Heritage himself said that he was not going to force it through the Senate and that it is not going to become law before the summer, so why the rush to force it through the House? In fact, in The Globe and Mail this week, an article by Bill Curry and Michelle Carbert said this:

The Liberal government says it will not press the Senate to rush the Online Streaming Act into law before the summer recess, even though it moved Friday to shut down debate on the bill in the House of Commons.

In a statement to The Globe and Mail, Canadian Heritage Minister Pablo Rodriguez said the government does not expect the Senate to rubber stamp the bill after it receives final approval in the Commons.

He does not expect a rubber stamp in the Senate, but here in the elected House of Commons, where each of the 338 of us was elected by 100,000-plus constituents to represent 100,000-plus constituents, we are expected to rubber-stamp this piece of legislation. We are expected to rubber-stamp the largest change to the Broadcasting Act in over three decades.

The government wants to say that the bill has had plenty of debate, that it has had tons of time for debate. Do members know when the bill first came before the heritage committee? The first day of meetings on Bill C-11 at the heritage committee was May 24, less than three weeks ago. We have had less than three weeks to hear from parliamentarians and hear from witnesses across the country.

After that, we were still receiving requests to appear before committee, requests from concerned stakeholders across the country who were not able to testify before the committee. These are Canadians and owners of small businesses who will be personally and directly affected by this piece of legislation, but Parliament and its committee could not hear from them. That is what has brought us to this programming motion to force the bill through the House without meaningful debate.

We as parliamentarians have a duty. We as opposition parliamentarians have an exceptional duty and a role to play. I would like to draw the House's attention to one of the great former leaders of Her Majesty's loyal opposition, the right hon. Bob Stanfield. In a memo to his caucus, he said this: “Not only is it unnecessary for political parties to disagree about everything, but some acceptance of common ground among the major parties is essential to an effective and stable democracy. For example, it is important to stability that all major parties agree on such matters as parliamentary responsible government and major aspects of our Constitution.”

Like the great Bob Stanfield before us, we agree on the importance of parliamentary responsible government, whereby Her Majesty's loyal opposition holds the government to account. When certain parties decide that this is no longer necessary and we are derelict in our duties as opposition parliamentarians, we get a motion like this.

I always like to use a thought exercise. What would members of the House, members of the Liberal government and members of the New Democrats say if Stephen Harper had brought forward a motion as draconian as this one? They would be up in arms. They would be up in question period. They would be up in the House complaining about the draconian measures. However, members of the Liberal government, who for years ridiculed and raised the alarm on closure and time allocation, are the worst perpetrators.

As I mentioned, the bill did not come before the heritage committee until May 24, yet here we are. This is not the first time, either. We will recall that this is the same playbook the Liberals used for Bill C-10, the predecessor to this piece of legislation. They used Motion No. 10 to force Bill C-10 out of committee and into the House.

The government wants to say that we need to get this bill through immediately, but what happened with Bill C-10? The government called a summer election and killed its own legislation. It is awfully rich today to hear the Liberals say that we need to act with great haste to pass this piece of legislation when it is just going to sit in the Senate all summer long.

Many of my colleagues have not yet had a chance to speak to this bill, and will not have a chance to speak to it because of the government using time allocation. This is a piece of legislation that will not only impact the entire broadcasting industry, but also every Canadian who listens to music or watches videos online. This motion is being rushed through to meet an arbitrary deadline.

Last week, on Tuesday, the clerk of the Standing Committee on Canadian Heritage sent to members 20 different submissions. Among them were submissions from the Broadcasting Accessibility Fund, the Canadian Association of Film Distributors and Exporters, the Canadian Ethnocultural Media Coalition, Blue Ant Media and Spotify, all of which have been denied a chance to appear before the committee by the government. Now, the government House leader has decided they do not deserve an opportunity to speak before the committee.

There are, in fact, many witnesses who have yet to be heard despite the fact that Bill C-11 would have detrimental impacts on their businesses. These include Anthem Sports and Entertainment, the Consumer Technology Association, the Ontario Association of Broadcasters, which represents radio stations, Blue Ant Media, which I mentioned earlier, the Canadian Communication Systems Alliance, the Canadian National Institute for the Blind and Ethnic Channels Group.

The government could have taken a different approach to how to modernize the Broadcasting Act that meets both the needs and technological realities of today, but does so without impacting digital-first creators and new technologies moving forward. Unfortunately, instead of modernization, it is forcing a 30-year-old regulatory system onto Canadians using new technology that old rules are not compatible with. Perhaps most disappointingly, the government ignored those in the digital media sector and went so far as to accuse them of spreading misinformation.

The tactics the Liberal government has used have been an attempt to discredit anyone who has raised legitimate concerns about the implications of this bill. It has been shameful, and it is not up to the standards of decency Canadians expect from their government.

There are obviously several crucial flaws with this bill that need to be fixed. First and foremost is section 4.2. It is a legislative pretzel: an exception to an exception, and a clause in the bill that leaves open to regulation content that indirectly or directly generates revenue. It seems the government does not even understand how the Internet works or how indirectly gaining revenue works.

I draw the House's attention to an expert, Morghan Fortier, who runs the largest YouTube channel in our country and has found great success globally by using new technology. She says the following when referring to the bill:

It's been written by those who don't understand the industry they're attempting to regulate, and because of that, they've made it incredibly broad. It mistakes platforms like YouTube, TikTok and Facebook for broadcasters like the CBC, Netflix and Amazon Prime. It doesn't understand how those platforms operate, and it ignores the fundamental importance of global discoverability. Worst of all, proposed section 4.2 hands sweeping power to the CRTC to regulate...small businesses like mine that are not even associated with broadcasters.

This is from the person who has Canada's most successful YouTube channel. She has found success globally, yet this piece of legislation would constrain and restrain that success globally.

They have said time and again that the CRTC will not regulate user-generated content, but the bill, in black and white, gives it the power. Worse yet, despite repeated requests, the government has refused to release its policy directive to the CRTC that would provide the interpretation of how this bill would be implemented. This “just trust us” approach that the Liberals are following does not inspire confidence.

In fact, just last week, the Minister of Canadian Heritage appeared before committee and told us outright that he would not provide the policy directive until after the bill had received royal assent. After the legislation has been passed, after parliamentarians have passed the legislation, only then will the government tell us how it will be interpreted and how the CRTC will do so.

What is more is that during the minister's appearance at committee, he refused to offer a definition of discoverability. In fact, discoverability is mentioned in the piece of legislation. It is mentioned in Bill C-11, but it is never defined. Until we see the policy directive, we do not know how the CRTC will be directed to implement discoverability.

It comes back to what the Liberals said they would never do. In their 2015 election platform, the Liberals said, “We will also change the rules so that Ministers and Parliamentary Secretaries no longer have a vote on committees.” That did not last very long, because now parliamentary secretaries not only sit on committees, but they also have votes and are directing the work of committees.

In fact, last week in the House of Commons, the government House leader said, “let us talk about some of the things we do not do. What we do not do is use parliamentary secretaries in committee to control committees and not allow members to ask questions.”

A little more than one hour after the government House leader said this, it was none other than the Parliamentary Secretary to the Minister of Canadian Heritage who, at the beginning of questioning witnesses, filibustered witness testimony to try to move a motion without debate and to move to clause-by-clause. This not only prevented members from questioning witnesses, including the Minister of Canadian Heritage himself, but it also would have had the effect of preventing dozens of other witnesses who wished to testify from testifying.

On Monday and Wednesday of last week, it was again the Parliamentary Secretary to the Minister of Canadian Heritage who introduced motions to end study and proceed to clause-by-clause, while dozens of witnesses who wished to appear had been prevented from appearing.

Perhaps what is most concerning is that last week, the Liberal chair of a committee accidentally let it slip that the Liberals had been instructed by their party leadership to have the bill sent back to the House quickly. The member for Vancouver Centre said, “we do not have a lot of time to stretch anything out, because this bill is supposed to be reported back to the House before June 23”. It is supposed to be by who? It is by the Liberals.

The Liberals are directing the chair of a committee to report a bill back. It is shameful. In fact, this closure motion, Motion No. 16, I would dare say is a vote of non-confidence in the Liberal chair of the committee: the member for Vancouver Centre.

I also want to share the words of a digital-first creator, Oorbee Roy, one of the very few digital-first creators who had the opportunity to appear before our committee. She said, “I literally have never gotten a seat at the table—except now, as a digital creator, I'm getting a seat at the table. Representation matters.... Please don't suppress my voice.” Again, that is from Oorbee Roy who found success online as a digital-first creator. As a skateboarding mother, she found success in that market globally. Under this bill, the Liberals are trying to prevent that success.

We in Her Majesty's loyal opposition want to see Canadian creators succeed here in Canada and around the world. We want to see them be able to access and use the tools available to them through the Internet to find that success globally so that Canadian stories, Canadian voices, Canadian music, Canadian television and Canadian film can be enjoyed around the world. Is that not what it is about? It is about sharing the talents of Canadians globally.

I have been very clear that we support making sure that the major streamers, the international foreign streamers, contribute to Canadian productions. We want to see that happen more, and we applaud those companies that are already doing it. We applaud the billions of dollars that Netflix and Disney are investing in Canada and in Canadian-made productions. We want to see more of that. We want to encourage more of that. What we do not want to see happen is Canadian creators being hampered by their ability to export.

We have made some clear commitments about what we want to see changed with Bill C-11. We want to see the removal of section 4.2 to ensure that user-generated content is not subject to CRTC regulation. We want to see a clear definition of discoverability, so we can ensure that one Canadian performer is not lower down to another. We want to see an equality on the Internet to ensure that Canadian arts and Canadian programming are able to excel. We want to see a threshold so that small, independent creators are not captured in a large, cumbersome bureaucratic process.

We want to see updates to the Canadian content definition so that Canadian stories are being told by Canadians. The current definition often sees Canadian stories not being considered Canadian. A perfect example is The Handmaid's Tale. It was written by the great Margaret Atwood and filmed in Ontario, but is not Canadian.

Before we move forward with Bill C-11, we have to get the definition of Canadian content right. Finally, we need to see the policy directive. We need to see the government's instructions to the CRTC of how it will interpret Bill C-11. In the former Bill C-10, the government did that. It released its draft directive before debate in the House of Commons. This time, it refuses to do that.

Bearing in mind these important things and the lack of witnesses we have yet to hear from, I move, second by the hon. member for Chatham-Kent—Leamington:

That the motion be amended:

(a) in paragraph (a),

(i) by substituting subparagraph (i) with the following:

“(i) the committee be instructed to continue hearing from witnesses, including especially Canadian content creators, this month and through the summer adjournment,”,

(ii) by substituting, subparagraph (ii), all the words after the words “11:59 p.m.” with the following: “on Monday, September 19, 2022”,

(iii) by substituting, in subparagraph (iii), all the words after the words “no later than” with the following: “Tuesday, September 27, 2022, provided that the committee has reported back to the House in relation to its order of reference of Thursday, June 2, 2022, in relation to Hockey Canada”,

(iv) by deleting subparagraph (iv) and (v); and

(b) by deleting paragraphs (b) and (c).

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:25 p.m.


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Madam Speaker, I think we have to go back to the numbers. There have been 15 hours of debate at second reading, 21 hours of debate at committee, with seven hours of filibustering, including the Conservatives filibustering their own motion.

To the hon. member's question, what is at stake here and what is important is that the whole thrust of Bill C-11 is to showcase Canadian creators and to make sure that Canadians can discover more of the great stories that Canada has to offer. We will always, as Canadians, have the choice to watch and listen to whatever we want. Bill C-11 just asks platforms to showcase more Canadian stories. What could be nefarious about that? Absolutely nothing about that is nefarious.

This will make it easier for Canadians to discover up-and-coming homegrown talent. Quite frankly, I grew up and discovered The Tragically Hip. I fell in love with Corner Gas, Kim's Convenience and Schitt's Creek. I can go through the list.

I also discovered Mensonges and Tout le monde en parle. Everything we have in Canada is worth broadcasting around the world.

That is what this is about.

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:15 p.m.


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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Madam Speaker, I am very pleased to hear from the Minister of Tourism and Associate Minister of Finance and to see how passionate he is about Bill C‑11. I completely agree. Canadian content has not been promoted like this in years, and our neighbour to the south is a threat.

I would like to ask the minister if Bill C‑11 will help creators, especially francophones in Quebec. We know there is a lot of talent there and that they need to be encouraged. Will the bill help our creative industry in Quebec?

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:15 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, this afternoon the minister is trying to defend the indefensible from coast to coast. Bill C-11 is a disaster, as was Bill C-10, and it is being shut down once again. We had 20 written submissions handed to us last Wednesday at committee from people who wanted to come to committee. The member talks about LGBTQ and indigenous issues. We have not heard from APTN, which was one of the guests the NDP wanted to bring to the committee. It has yet to come to talk to us.

This is a disaster waiting to happen. Why do the Liberals want to shut the bill down in the House of Commons, do nothing over the summer and hand it over to the Senate? We have time to bring other issues forward. Proposed subsection 4.1(2) has always been an issue. It was an issue a year ago when we debated Bill C-10 in the House, which they rammed through and then called the unnecessary election. This is the same situation we are seeing today with Bill C-11.

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:15 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, fact: We have had Conservatives in this House who obviously have not even read the bill, as they are comparing it to things like the government following people on cellphones. The disinformation has been unbelievable.

Fact: We had witnesses before the committee, including the chair of the CRTC, who were filibustered by Conservatives so they could not come to testify.

Fact: The majority of witnesses overwhelmingly want to see Bill C-11 pass, but want to see improvements. They want the committee to do its work.

Fact: As we found out last Friday, even the Conservatives have submitted amendments, and the NDP, Liberals and Bloc Québécois submitted their amendments a week and a half ago. The committee should be getting to work.

What I do not understand is that we have two block parties in this House: the Bloc Québécois and the block-everything party. The Conservatives are blocking everything that comes forward.

Why are they doing that when the vast majority of witnesses want to see this bill improved?

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:10 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I must have been naive and idealistic, to be honest, when I was first elected to Parliament. I thought we were here to make laws. I thought we were here to move Quebec and Canadian society forward. In the nine months since this new Parliament began, progress on legislation has been minimal. Between the Liberal government's closure motions and the Conservative government's filibusters, no progress has been made.

I heard a journalist on CBC radio this morning who was talking about how poor the Liberals' legislative record is. Even with an alliance with the NDP, they are not making any progress. They cannot move these bills forward.

The Bloc Québécois worked very hard on Bill C-11. The hon. member for Drummond and our party have been working on it for the past year. We were prepared to vote in favour of the bill to modernize the Broadcasting Act last year, before the election. We even tried to speed up the process, but the government called an election. Now it has cooked up a motion that is meant to get Bill C‑11 passed. The motion before us today is really embarrassing.

Is my hon. colleague not a little embarrassed by his government's limited legislative results since the election?

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:10 p.m.


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Madam Speaker, I thank the hon. member for Charlottetown for his intervention and for sticking up for the creators in his constituency and his province, who have been unduly hit by the pandemic.

As we are coming out of the pandemic and as we are trying to modernize the act and as we are making sure that creators can be part of the 21st century, we are going to make sure that islanders have access to these platforms. We are going to make sure that LGBT, indigenous, people of colour and disabled creators on P.E.I. are going to be able to get paid what they are worth and make sure that the broadcasters making money off of these great creators in P.E.I. and across Canada are paying into the system so that we can experience more Canadian content.

We have shifted away from cable. We are now onto streaming. This bill, Bill C-11, helps us to make sure that the CRTC has the tools to make sure that Canadian content continues to thrive. It is a good thing for islanders. It is a good thing for Canadians. That is why we are here today.

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:10 p.m.


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Madam Speaker, the member opposite knows that there has been hours and hours of debate at committee. He also knows that their side continues to filibuster. The conspiracy theories and nonsensical ideas of censorship are just beyond the pale.

Quite frankly, this is one in a list of examples of the Conservatives going past opposition to obstruction, whether it is Bill C-8, the budget implementation bill or Bill C-11, the Conservatives do not want to debate; they want to obstruct the work of this Parliament.

Canadians elected us to do good work, and they know that the CRTC is independent. They know there is nothing here that is going to affect Canadians' uploading material to the Internet. This is about making sure that the platforms contribute into the Canada Media Fund, that they develop more content here in Canada, and that we open up the platforms to racialized people, LGBTQ people, indigenous people and disabled people who are creating content for Canadians. This is about moving into the Internet age, not the past, where the Conservatives are stuck.

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:05 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, none of what the minister just said is accurate.

The Senate is not going to pass this bill before the end of June. We just heard that the committee has been considering this bill since the middle of May. I have been to that committee. What the cabinet is calling filibustering is what I call debate and raising the issues our constituents are raising.

Thousands of Canadians emailed us and said they did not want to see what was called Bill C-10. The government brought it back as Bill C-11. The bill has not been fixed. They have not fixed section 4.2, which does generate the ability of the government, through the CRTC, to moderate and censor the content uploaded by users.

This motion is truly a lack of confidence in the chair of the Canadian heritage committee. This is entirely of the government's making and entirely the government's fault. This legislation has not been reviewed or debated in 31 years. There is no reason to rush it through in the next few weeks. The government is being completely inaccurate in the way it is presenting it. It is a darn shame that we will not be able to review this bill as it deserves to be reviewed, because Canadians are interested to know if they will still be able to use the Internet, their YouTube channels, their Facebook and their TikTok in the ways that they have always been able to without the censorship of government and the CRTC.

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:05 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, I would ask the minister why his government is blocking the release of the policy directive that they will issue to the CRTC.

We are waiting to hearing how the Liberal government will force the CRTC to implement the measures contained in Bill C-11. I note that on Friday the minister said he would not rush this through the Senate in order to allow the Senate lots of time to debate it. The bill only came to the heritage committee on May 17. Now the government is rushing it through both the committee and the House.

Now that the government is not going to rush it through the Senate, would the minister at least commit to tabling, for all Canadians to see, the policy directive that it would issue to the CRTC?

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / noon


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Madam Speaker, the Conservatives have had dozens of hours to debate this bill, and so have other members. Conservatives have been filibustering and have been blocking, and they do not want to see this bill move forward.

Just one of the benefits of Bill C-11 is that we would be updating the mandate of the CRTC to include specific focus on supporting francophone, racialized, indigenous, LGBTQ+ and disabled creators in Canada, and this means a portion of the contributions from broadcasting and streaming platforms would be directly supporting the development of these creative platforms and of people in the ecosystem who have been shut out.

As such, it is up to the Conservatives to tell Canadians why they are blocking legislation that would help creators who have been disadvantaged since the Broadcasting Act was first in place in 1991. Why are they not doing their job and making the bill better, instead of blocking it at committee?