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

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I will say that in my riding of Davenport we have the House of Anansi, which is a wonderful publishing house. It is also looking for urgent changes and an update to our Copyright Act. I agree with the member that we should make that a priority as well.

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

Madam Speaker, I am very pleased to rise this afternoon to speak to Bill C‑11. During the 43rd Parliament, I gave a speech at second reading stage of the previous bill, Bill C‑10, and I am pleased that this new version is being debated in the House.

I believe that, in a way, this bill represents a second chance. It gives the official opposition a second chance to clearly support our creators and to hold to account a massive industry that is gaining influence by the day. I am obviously speaking about the digital broadcasting industry, otherwise known as streaming services. This bill offers a second chance to hold the web giants at the heart of this industry to account.

The Conservatives say they support the little guy, but by opposing Bill C‑10 in the previous Parliament, they sided instead with the giants, the most powerful players, those dominating the public space in the digital era.

Our creators play a key role in our society and our economy. They are not just here to entertain us, to serve as a distraction from everyday living or to offer an escape from real life. They have a much more profound and important role. Creators reinforce our identity and help it grow in a world that is constantly changing and evolving. Creators hold a mirror up to our society. They show us who we are, both the good and the bad.

Creators help us learn about and understand our past. They also serve as a beacon, illuminating a future full of possibility. Creators embody the soul of a people, a nation, a country, and their work feeds that soul. If we do not take care of our artists and creators, if we do not ensure they can earn a living, if we allow them to wither and die, our collective soul will pay the price.

Artists motivate us as individuals and as a society. They motivate us to keep building. For example, when we experience an exceptional piece of art, especially one that reflects our own stories and our own reality, it imbues us with a sense of pride in who we are and what we can accomplish. This pride motivates us to keep building our community and sharing our perspective with the whole world.

I am thinking of the work of Jean-Marc Vallée, who passed away recently. We recognize ourselves as Quebeckers in his films, particularly C.R.A.Z.Y and Café de Flore. We also hear our voice in his Hollywood movies like Big Little Lies, Dallas Buyers Club and Demolition Man. His Hollywood projects generated economic spinoffs for Quebec and Canada, even in my community of West Island in Montreal. I have a friend, Gavin Fernandes, who worked with Jean-Marc Vallée for a long time doing post-production work on some of his films.

In very practical terms, arts and culture are an economic force. As for the sectors targeted by Bill C-11, let us look at broadcasting. Broadcasting contributes roughly $9.1 billion to Canada's gross domestic product. That represents 46,556 jobs.

The film and video sector contributes approximately $4.3 billion to the Canadian economy, which translates into 71,868 jobs. Finally, the music and sound recording industry injects $572 million into the Quebec economy, which translates into 8,286 jobs.

I would take it one step further. Contributions made by the creative sector transcend the industries I just mentioned. Creativity is at the heart of nearly everything in a modern economy like Canada's, where things like ideas, experiences and symbols are increasingly consumed alongside physical products.

The House resumed from February 16 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.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, it is good to be back here. I will be splitting my time today with the hon. member for South Shore—St. Margarets.

The Liberal government has no understanding of Canada, broadcasting or its history, which may be why the Liberals originally regulated broadcasting through the Department of Marine and Fisheries.

The Aird 1928 Royal Commission on Radio Broadcasting was the first to examine the state of radio broadcasting in Canada. Very few remember that commission. The nature of broadcasting has changed in the past century. However, there were conclusions that are still important to remember today. The Aird report was a model of efficiency that we would do well to take note of today. It was only 13 pages long, plus a few appendices. There was only one page devoted to programming content, which is where it was noted that, “Every avenue should be vigorously explored to give Canadian listeners the best programs available from sources at home and abroad.”

This flawed legislation, Bill C-11 does nothing to provide Canadian listeners with the best programs. If anything, it discourages creative programming.

Regulating programming made some sense in the 1930s, when the forerunner of the CRTC was created. Broadcasting then was limited to radio, and with a limited number of available frequencies, the government wanted to ensure a diversity of viewpoints and that Canadians had access to the airwaves.

What did not make sense was the intertwinement of the regulator and the government-owned broadcaster created at the same time. Though the Liberals eventually realized that mistake, they continued to fail to understand the needs of Canadians and the nature of the dissemination of information in the 21st century.

The government is picking up where it left off in the last Parliament and brings us a new bill to amend the Broadcasting Act. What it does not bring is new ideas, nor does it attempt to properly define what it means by “broadcasting”.

According to Wikipedia, “Broadcasting is the distribution of audio or video content to a dispersed audience via any electronic mass communications medium, but typically one using the electromagnetic spectrum (radio waves), in a one-to-many model.”

Britannica tells us:

Broadcasting, electronic transmission of radio and television signals that are intended for general public reception, as distinguished from private signals that are directed to specific receivers. In its most common form, broadcasting may be described as the systematic dissemination of entertainment, information, educational programming, and other features for simultaneous reception by a scattered audience with appropriate receiving apparatus.

By definition, this bill is not about broadcasting. Instead, it is about extending the reach of the government in an attempt to control the Internet and free speech. It may be cloaked in technical language, amended in this paragraph here and that paragraph there, but there is no doubt, the intent is to limit the choices of Canadians.

We all know that the Internet bears no relation to traditional broadcasting. There is no frequency limitation online. The Internet is narrowcasting not broadcasting, as content creators can reach smaller segments of the population, which have not been served by traditional broadcasters.

Canada is home to many world-class writers, actors, composers, musicians, artists and creators. They do not need government rules that would hold back their ability to be Canadian and to be global successes. Canadian content creators make most of their money, about 90%, outside Canada. Social media platforms are global, and Canadians are taking full advantage, both as creators of content and in enjoying what is available.

Canadian social media stars do not want the government telling them what to do when it comes to their work as Canadians. When the Liberals claim that there is now an exemption for user-generated content, this legislation would allow the CRTC to regulate any content that generates revenue directly or indirectly, which means that virtually all content would still be regulated, including independent content creators earning a living on social media platforms such as YouTube and Spotify.

What has upset the Liberals, and the reason they want to provide us with a new definition of broadcasting with this bill, is that they have lost control. Back in the pre-Internet days, the state controlled broadcasting. People needed a licence from the state in order to start a radio or television station and that could not be obtained unless they agreed to allow the state to control their content. With the Internet, the state has lost its ability to control. Each day, about 720,000 hours of content is uploaded in YouTube alone. The Liberals seem to find that offensive. They want to regulate it, to somehow bring the Internet under their control as broadcasting used to work.

If this is simply a matter of the Liberals wanting a slice of the revenue pie to help offset their record deficits, there are easier methods than attacking all content creators. Instead of attempting to regulate the entire Internet, they could concentrate on large streaming services, perhaps those with half a million subscribers or more. Extracting money from streaming services to support Canadian content does not require the overreach the government is establishing.

Even with this, the government might want to think twice. Forcing streamers from outside Canada to contribute to the various Canadian talent development funds, for example, is full of risks. Fairness would say that if the government forces these entities to contribute to the fund, then it must also allow them to access the money that the fund is generating. Rather than creating a level playing field, such a move would harm Canada's traditional broadcasters, especially those whose Canadian content is primarily public affairs or sports programming. How would the limited amount they spend on drama compare with the amount spent by streaming services that specialize in dramatic programming? In that contest, would anyone still be watching CBC?

Certainly, what this bill is not addressing is why we are regulating this. The Liberals, disturbing the free market, have never come across anything that they did not want to control, but just because they can introduce such legislation does not mean it is good legislation or that it should be passed.

For 20 years, there have been calls for the government to redefine the Internet and broadcasting. Wise people resisted the argument, realizing that the Internet, in many ways, is a true example of the democratization of communications. Groups with limited or no access to traditional broadcasting, such as indigenous Canadians, now have unlimited access and the ability to tell their stories without government interference. The Liberals want that to end.

There are perhaps 100,000 Canadians deriving all their income from their online activities. The government is not content with the income it is receiving from their taxes. It also wants to tell them what to create. It does not care if they have a relationship with their audience already.

Our cultural industry is flourishing without government. Bill C-11 should not pass.

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

Madam Speaker, I listened to the comments that the member made and I want to thank him for his intervention. I am very relieved when I hear members trying to make suggestions as to how things could be improved in a bill. I noticed he did that while talking about the number of subscribers and how it could perhaps be tied to receiving money, not for government purposes, as this member said, but to invest back into Canadian culture. That suggestion assumes that people who are uploading content are going to be subjected to the conditions within this bill. This bill specifically states that those who upload content, so influencers or people putting their own material out there, will not be subject to the provisions within the bill.

I am curious why the Conservatives are going down the same path that we saw them go with the previous version of the bill last year.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, speaking of the last bill, Bill C-10, the amount of opposition we received, especially from the younger population, from university students, was unbelievable. It was one of the times I received calls from students at the university level and from average Canadians complaining about the control that the government wants to have over broadcasting in general and specifically YouTube and Spotify. That is why this bill is no different from Bill C-10. That is why we need to vote it down and it should not be passed.

[René Villemure, Bloc, Trois-Rivières, QC]

Madam Speaker, I would like to ask my esteemed colleague how much control would be appropriate if he does not think that the government should have full control over broadcasting and online media.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I think the government needs to have less interference in this whole process and less control. I think less control is needed and less interference. That will make any bill regarding broadcasting and the Internet a better bill.

[Lori Idlout, NDP, Nunavut, NU]

Qujannamiik, Uqaqtittiji.

For many years our broadcasters and cultural workers have been losing revenue and suffering from unfair competition from web giants. That is why the NDP sees this bill as a good first step to levelling the playing field and making the web giants pay their fair share.

Does the MP intend to put an end to this injustice or, rather, protect the profits of the web giants?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I appreciate the question from the hon. member from the NDP. I think it is the opposite because, with that control that the government is seeking through this bill, it is going to also take away from the small guys or the small players. That is not good for anyone. That is why I encourage the NDP to vote against it.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is interesting. The member in his comments talked about this fear factor, as if the government is trying to control the Internet. I do find that unfortunate. It just amplifies the whole right-wing thinking that is coming from the Conservative Party.

I wonder if he feels that there is a bit of exaggeration that is taking place with the Conservative spin doctors to try to give that sort of an impression.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, the spin specialists from the Liberals are masters when it comes to spinning. The politicization of every single thing is leading Canada to be divided, which is what the government intended to happen, unfortunately. There is no right wing, no left wing and no extremists. This is a bill of control by the government over broadcasting. I think it affects freedom of speech and expression. It must be voted down.

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Madam Speaker, I am pleased to rise today on behalf of South Shore—St. Margarets to speak on Bill C-11, an act to amend the Broadcasting Act.

I was executive assistant to Canada's foreign minister when the Broadcasting Act was last amended in 1991. Email was a new thing. Foreign Affairs communicated with embassies through telex. There was no social media, Facebook, YouTube, Twitter or TikTok. Therefore, the revision to the Broadcasting Act under Bill C-11 is long overdue.

I will try to summarize what I believe to be the good, the bad and the ugly of this proposed legislation, and I will start with the good.

There are several important provisions in this legislation that I support, including the requirements to support the increased production of Canadian content by online service providers such as Netflix. The greater support of indigenous programming is also a good start. Coming from Nova Scotia, I also appreciate the increased support and focus on independent production of broadcasting material. It is a step forward that this bill protects the intellectual property of Internet service provider algorithms.

Now let me turn to the bad. We are hopeful that, when this bill reaches committee, the government will be open to amending it to deal with our primary area of concern, the regulation of speech on the Internet. It is true that in proposed subsection 2(2.1) and proposed subsection 4.1(1) the government has excluded individual users of social media from CRTC regulation. A similar commitment was made in Bill C-10 in the last Parliament but removed by the government at committee stage.

However, we were asked in Bill C-10 in the last Parliament, now Bill C-11, to trust the government in its commitment not to regulate individual freedom of speech. This is asking too much of Canadians who no longer trust the government. We should all be concerned when governments flaunt the law with the SNC-Lavalin scandal, abuse the public purse for family benefit in the WE scandal, ignore the views of those it disagrees with and legislate against free speech with the Emergencies Act.

Where are the “just trust me” elements of this bill? They come in proposed sections 4.1 and 4.2. This is the ugly part of the bill. Proposed section 4.1 exempts individual users of social media from the content control of the CRTC. While this is true to some extent, the government presents a legal pretzel in proposed section 4.2. Let me explain this confusing Liberal legal pretzel. The addition to this bill of proposed section 4.1, which says that censorship by the CRTC will not apply to individuals uploading content to an Internet service provider, sounds good, but what the government giveth, the government takes away in proposed section 4.2, where the government can regulate an individual’s Internet content if it generates any sort of revenue. Without knowing or seeing these regulations, this is a broad power to censor the individual.

The government is telling Canadians not to worry and to just trust it. Canadians do not trust the government. We should be especially concerned when the government, under this bill, seeks to legislate on what Canadians can and cannot say if it generates any revenue at all. Individual content creators with fledgling businesses are now being asked to trust the government that, through policy and regulation, they will not be censored. There are no legislated guarantees in the bill to prevent them from being censored.

In his last public address on April 11, 1865, President Abraham Lincoln said that “important principles may, and must, be inflexible.” Freedom of thought and speech are principles with which the Government of Canada must be inflexible in defending, so much so that Pierre Trudeau placed these inflexible freedoms in section 2 of Canada’s Charter of Rights and Freedoms. It guarantees freedom of thought, belief, opinion and expression, the very freedoms that are core to our democracy. Our defence of them must remain inflexible, as Lincoln said.

Let me be clear that our freedoms have limits. For example, in a country like Canada, people cannot incite hate speech or other violent forms of language. Both our common law and Criminal Code have placed limits on that freedom. The distinctions in our Criminal Code are just and ensure the protection of the most vulnerable in our society. If the government wishes to seek further protections for those impacted by racism and other discrimination, I know my Conservative caucus is willing to co-operate, and the Criminal Code is the appropriate legislative vehicle for such restrictions.

Bill C-11 contains more disturbing open-ended online censorship regulatory power for the government. This legislation would allow the CRTC to regulate any content that generates revenue directly or indirectly in proposed paragraph 4.2(2)(a). That means virtually all content would still be regulated, including that of independent content creators earning a living on social media platforms like YouTube, TikTok and Spotify.

What does “indirectly” mean? The government asks for us to just trust it. Last Parliament, Conservatives were quick to point out the flaws in the nearly identical bill, Bill C-10. It was not just Conservatives sounding the alarm. Experts, lawyers, academics and many more people testified at committee and spoke publicly about the problems with the bill.

A former CRTC commissioner said that the bill would be like a hammer to intimidate freedom of expression. Today, given the continued development of technology and the conditions created by the COVID-19 pandemic, much of that dialogue takes place on places like Facebook, Twitter and other websites. This bill would infringe upon the ability Canadians have to post online and to express themselves freely, even if their post “indirectly generates revenues”. Furthermore, the bill would infringe on the rights Canadians have to access content online, which means that the right to view freely would be infringed upon if the bill passes.

To all my colleagues, I ask if they trust the government to decide what they can say, read and watch online. Bill C-11 would give new, undefined power over the Internet to the CRTC, which was built to balance the needs of competing broadcasters, not those of citizens.

The only regulator of thought a Canadian should deal with is themselves. I can assure members that constituents in my riding do not want the censorship elements of this bill rushed through the House of Commons without thoughtful debate and hearings. They want clause 4 amended, and I trust the government will listen to Canadians in this respect at committee and amend this bill.

I ask members to be guided by the words of Lincoln that important principles must be “inflexible”. Be inflexible in defending free speech and amend the section of this bill that would give the government the ability to censor individuals on the Internet.

It is my hope that courage will manifest in all MPs and we can all work toward a Broadcasting Act that upholds the freedoms of Canadians, improves Canadian and indigenous content, supports independent production and does not stifle speech online.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, in listening to the two Conservative speakers, one gets the opinion this is all about freedom of speech and the right-wing Reform concept that we do not need to have anything. We do not even need CBC. We need to recognize that the government needs to step up to the plate to ensure there is Canadian content and a lively arts industry in Canada. These are all very critical and important aspects of our society.

Does the Conservative Party, and particularly the member, not support the importance of Canadian content, our arts sector and the many contributions that makes to our society? If he does, how does he justify saying no to this bill?

[Rick Perkins, Conservative, South Shore—St. Margarets, NS]

Madam Speaker, if the hon. member had actually heard the beginning of my speech, he would have heard that I outlined and said I supported the additional Canadian content this bill would engender in its process. I did say that.

The confusion seems on to be on the other side, which thinks just because it is not them that we do not support culture. I sat on community theatre boards. I have participated and helped my community in that regard.

Perhaps the hon. member should read subclause 11(10), which says that Canadian artistic and cultural expression must be dealt with and that the proportion of programs broadcast and devoted for specific genres would be regulated. I would like to understand from the government if it is going to tell us how many comedies, dramas or documentaries we can watch, when the CRTC is being given the ability to actually pick what genres we watch?