Online Streaming Act

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

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

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

Votes

March 30, 2023 Passed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
March 30, 2023 Failed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (reasoned amendment)
June 21, 2022 Passed 3rd reading and adoption of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (hoist amendment)
June 20, 2022 Passed Concurrence at report stage of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 20, 2022 Passed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
June 20, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
May 12, 2022 Passed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (amendment)
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (subamendment)
May 11, 2022 Passed Time allocation for Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Online Streaming ActGovernment Orders

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


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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

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

Online Streaming ActGovernment Orders

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


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The Assistant Deputy Speaker Carol Hughes

That is more a point of debate. However, I would ask parliamentarians who participate in debate to be mindful of how they categorize individuals. Generally, for parties, it is a bit different, but we still want to make sure we do not walk that fine line.

The hon. parliamentary secretary to the government House leader.

Online Streaming ActGovernment Orders

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


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, to be a bit more sensitive to the member opposite, we have this hard reform element within the Conservative Party. Many of them are Reformers, and that is pretty far to the right. We saw that today. If we listen to and read some of the things the member for Banff—Airdrie put on the record today, it is almost as if the Conservatives get a gold star in the back room if they mention the word “freedom”. If they say the word “freedom”, it is a good thing.

It is interesting that just before question period got—

Online Streaming ActGovernment Orders

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


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Some hon. members

Oh, oh!

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

There have been a lot of individuals thinking out loud or wanting to participate while the hon. parliamentary secretary has the floor. I want to remind those members that there will be a 10-minute question and comment period, so if they could hold off until then, that would be greatly appreciated.

The hon. parliamentary secretary.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the point is that we are getting a mentality that is overcoming the Conservative element of the party today, something which—

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

We have a point of order from the hon. member for Prince George—Peace River—Northern Rockies.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Madam Speaker, my point of order is about using phraseology in this place that is parliamentary. Only a Liberal would find the word “freedom” offensive. It is unreal.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

Again, that is a point of debate. I would ask members to make sure their points of order are actual points of order, because this takes away time from the hon. member for Fort McMurray—Cold Lake and other speakers.

The hon. parliamentary secretary has 14 minutes. Then there will be 10 minutes of questions and comments.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I believe I should get a bonus two minutes because of the number of interruptions I have had.

The member made reference to the word “freedom”. At the end of the day, the Liberal Party of Canada does not need any lesson from the Conservatives with regard to individual rights and freedoms. After all, we are the party that brought in the Charter of Rights. We are a party of the charter. We understand what freedoms are all about.

As for the Conservatives, on the other hand, I would again remind them to look at some of the things their colleagues put on the record today with regard to Bill C-11, as if it is some sort of an assault on the freedoms of Canadians. The parliamentary secretary, in introducing it and speaking to it earlier today as the first speaker from the Liberal side, emphasized a couple of points about what the bill is not. It does not regulate the Internet. The bill—

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

We have another point of order from the member for Fort McMurray—Cold Lake.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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Conservative

Laila Goodridge Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, I would like you to check online again, as I believe we continue to have an issue when it comes to quorum, and also confirm whether someone having their camera on but not being visible in the shot actually constitutes quorum. I believe that has already been ruled on.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

I thank the member. It is an issue for all parliamentarians. It is something they do on a regular basis. They may turn their camera off for a bit and then turn it back on. When I am looking at the screen here, I just see that they are on. I would have to double-check to make sure if their cameras are on or off.

And the count having been taken:

Right now we have quorum just in the House.

The hon. member for Elmwood—Transcona is rising on a point of order.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, I am wondering if the Conservative members are looking beyond their own benches when they call quorum or if they are looking at the House as a whole.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

When we call quorum, we look at the House as a whole.

The hon. parliamentary secretary to the government House leader.