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 often publishes better independent summaries.

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

May 11th, 2022 / 8:45 p.m.
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Conservative

Richard Bragdon Conservative Tobique—Mactaquac, NB

Mr. Speaker, the incredible blooming and blossoming relationship between the coalition partners is quite a thing to witness. I am glad to see members complement one another in the House so incredibly well.

I can assure members that the role of Her Majesty's loyal opposition is to make sure the legitimate concerns that millions of Canadians have are brought to the floor of the House and discussed thoroughly. Many millions of Canadians have expressed their concerns about this bill's predecessor, Bill C-10, and the current bill, Bill C-11. We will continue to stand up for those Canadians.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:45 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I always enjoy hearing my colleague, though I must say he was so far removed from the actual bill we are supposed to be discussing tonight that it was unbelievable. Conservatives, for weeks and weeks, have been blocking every single piece of legislation. They have been gumming up the works for Routine Proceedings, stopping members of Parliament from presenting petitions and stopping private members' legislation. The Conservatives have basically tried to shut down the House of Commons.

We are having an evening debate. We are discussing Bill C-11, and the member talks about something crazy that has nothing to do with the bill. If Conservatives do not actually read the legislation before they speak on it, why do they not take the time to read the legislation and address it? It is legislation that I believe needs some improvements, and we are hoping it will get to committee so we can make those improvements. For goodness' sake, speakers in the House should actually address the legislation that is before the House. Why did the member not do that?

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:40 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I congratulate my Conservative colleague on his very passionate speech. He mentioned that we can have a debate. It would indeed be very interesting to have a debate, if only our Conservative colleagues would drop the ridiculous rhetoric of censorship.

Our colleague spoke earlier about the diversity of cultural expression that we have here, in Quebec and in Canada, and the importance of showcasing that and making room for that diversity. I would like to echo the comments made by my colleague opposite, who said that the purpose of this bill is precisely to create space for Quebec and Canadian creators in a world that is increasingly competitive and increasingly dominated by foreign powers.

My question is this. Do we want to make room for Canadian and Quebec creators or do we want to allow a free market where we will be completely invaded by big foreign players, such as GAFAM, and where we will see our Quebec and Canadian culture and our cultural identity disappear completely because of their arrival? Is that what we want?

What Bill C-11 seeks to do is protect the cultural environment of Quebeckers and Canadians so that we can survive, change with the times, make progress and prosper in this increasingly competitive world.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:30 p.m.
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Conservative

Richard Bragdon Conservative Tobique—Mactaquac, NB

Mr. Speaker, there is never a dull moment in this House. Even if we are close to quorum or not, it seems like things just continue to roll along in this House with the diversity of opinions. In fact, we as Conservatives value a diversity of opinions on a variety of subjects and welcome people to have different thoughts and views. In fact, we see that as a strength of our Confederation and not a weakness.

There are concerns many Canadians raise during these times and even during this debate. The concern that is elevating to the forefront is they feel there is a stifling of free expression, of free speech and even of thought, such that if they happen to think contrary to whatever the supposed latest whimsical fad of fanciful group think is, they can be labelled and therefore marginalized, called names and pushed out of the public discourse with ridicule and laughter.

However, in a healthy democracy, diverse opinions and differing points of view are welcome, and we ask them to come to the table and challenge us. An old expression says that iron sharpens iron. I think sometimes when we have differing points of view, it is a strength to the debate in this House and we can, in fact, come to better legislation. We can come to better bills that will get through and get passed and hopefully help all Canadians, as we learn to balance the differing perspectives that are in this House that reflect the viewpoints of all Canadians.

I think the content that is available to Canadians should be as diverse as Canada is. So should be the things they are allowed to view, and so should be the things they are allowed to listen to, produce or create. That is the strength of our democracy and, in fact, a hallmark of it is freedom of speech.

What I find quite contradictory is that during this time when we are talking about Canadian creativity and Canadian content, there is a distinct effort to shut down debate and bring closure. At a time when the Liberals extended the hours of sitting so we could have more transparency, more accountable government, more debate and welcome diverse points of view, they are now expediting the process on a bill that has raised concerns with many Canadians from coast to coast to coast.

This House would be a better reflection of the concerns of Canadians by allowing those concerns to be fully vetted in this the people's House. That diversity of opinions could be welcomed on the floor of this House, but not only on the floor of this House; may it continue to be allowed, or even further allowed, to be expressed across the airwaves, online and through broadcasting.

I think what is happening is that many Canadians feel as though they are not free to express their points of view. They are feeling somewhat suppressed. They feel if they have a certain viewpoint or if they have a certain opinion, they are going to be labelled, disqualified or cancelled. I think it is a slippery slope.

This House needs to think very soberly and take its time in deliberating this piece of legislation. I think Canadians are raising rightful concerns about the fact that, while the Liberals say to trust them and that they are going to make sure it is done right and properly, the government has not instilled the confidence in people to just trust it with these types of matters.

We have seen how the Prime Minister has treated those with whom he disagrees. We have seen the efforts to continually divide, demonize and stigmatize those with whom he does not agree. When they go to express it, he gets angry, petulant and frustrated and then decides to throw the full force and weight of government and the law against those with whom he disagrees, even now as we learned today that at no point did the RCMP ever request or require such drastic measures as the Emergencies Act.

I believe the people of Canada have huge concerns in trusting the government with even more power to regulate what they can post and what they can view. Some would even go so far as to call it censorship of those who would detract from the government message of the day. Whether it is censorship indirect, it could be the back door to censorship, and I think what we need to do is be very careful and cautious.

We all love Canadian content. We want Canadian producers to do well. We, as Conservatives, believe in that.

My family is a big fan of the series Heartland. I must say that my daughters love watching it. It is a beautiful show made here in Canada. I enjoy Hockey Night in Canada. I enjoy Canadian content. I think it is wonderful. We have a great Canadian story to tell and there is nothing that gets any more intense than Canadians watching hockey or watching some of the shows they have come to adore and admire. That is great. However, we do not need some government czar censoring through the back door what content Canadians can produce, put online, listen to or view: “How terrible that someone has a different point of view than the latest fad of the whimsical group think, so let us ban that.” Canadians are genuinely concerned with this rabid push for cancel culture.

What we need to do is allow Canadians the chance to weigh this bill carefully. Let us have the debate. Let us improve the bill. Let us have all viewpoints welcome at the table. Let us stop the stereotyping, stigmatizing and demonizing of Canadians who happen to not share perhaps the priorities of the government of the day.

If it was the reverse situation and this party was on the other side of the House, I guarantee the uproar would be boisterous, loud and overwhelming. The Liberals would be saying that we are stifling debate, ramming through bills, and asking how we could be so draconian. We would hear it day in and day out.

The Liberals want longer hours in the House for debate and then they shut down debate. Why do we not allow the debate to continue? Canadians are not afraid of opposing points of view. They are not afraid of diverse opinions; in fact, they welcome them. That is our strength.

I think it is a great opportunity for us to hear the concerns of our digital producers, those who are making great Canadian content that is original and are doing it well. They have raised very legitimate concerns about this bill. Let us make sure those concerns are heard and addressed. Let us make sure that Canadian content is protected, is welcome and amplified, but at the same time that great Canadian producers can compete, do well and succeed. Canadians are right to have a bit of caution when it comes to entrusting the current government with even more unabated power.

I want to conclude with a quote from a former prime minister of old who was the architect of the Canadian Bill of Rights. The Right Honourable John G. Diefenbaker so adequately expressed it this way, and I hope his words echo in this House yet once again and resonate within each of our hearts and minds as we reflect on this bill.

He stated:

I am Canadian, a free Canadian, free to speak without fear, free to worship God in my own way, free to stand for what I think right, free to oppose what I believe wrong, free to choose those who govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.

When it comes to Bill C-11, let us uphold the principles of freedom of thought, expression and belief, first and foremost, and make sure that adequate safeguards are put in place to ensure that protection and to hear the concerns of Canadians from coast to coast.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:30 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Mr. Speaker, I would like to hear a little more from my colleague on the benefits that Bill C-11 will have for our artists, musicians, and people who work in television and on our miniseries, which are of exceptional quality, not only in Quebec but also in Canada.

What positive effects or outcomes can we expect? Will our creators benefit in any way?

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:25 p.m.
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Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, in fact, when I am talking about some of the very shady things that we are seeing happen that are poisoning discourse, I am not talking about censorship. In fact, I am talking about the exact opposite. We need to have transparency on that, on who is behind these things and why they are doing the things that they are. When we have these types of groups that are leading organized campaigns of misinformation and disinformation, it is something we should all be very concerned about. That is exactly what has been happening in Bill C-11, and that is why we need to keep calling it out.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:20 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, further to that point of order, on page 186 of Joseph Maingot's second edition of Parliamentary Privilege in Canada, there is a claim that I will quote, that “the courts might be effective in ensuring the observance of procedural requirements imposed by the constitution with respect to the enactment of legislation.”

Since Bill C-11 is currently being considered without quorum and quorum is a requirement of the Constitution, I trust the courts will take note of my interjection today in the event that Bill C-11 is challenged in a court in our country at some point.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:15 p.m.
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Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, it is an honour to rise in this House to speak in favour of Bill C-11, the online streaming act.

This legislation passed through this House just last year after extensive Conservative filibustering, but it had to be reintroduced because it ended up dying in the Senate. I felt it particularly important to speak to this legislation because there has been a coordinated attack of misinformation and disinformation that has confused people as to exactly what this legislation would do. In my brief speech, I will touch on what this bill would do, what it would not do and some of the implications around the some of the misinformation.

Given that the media landscape has changed, our approach to it must also change to bring things into the 21st century. The online streaming bill does just that. Like we have always done for radio and television, now online streaming companies will be there to support and promote Canadian content. The bill does this by bringing online streaming services under the jurisdiction of the Broadcasting Act. This act has not been amended since 1991, and that was a very different time.

The bill would also do this by requiring online streaming services that serve the Canadian market to contribute to the production of Canadian content. In the same way that they benefit from accessing the Canadian market, they should be there to invest back into it. The bill would also ensure that broadcasters would showcase more Canadian content, as well as prioritizing content from Francophone, indigenous, LGBTQ+, racialized and other equity-seeking creators.

We have to ask ourselves why this is important. It is important because we consume media very differently in 2022 from how we did in 1991. If Canadians are anything like me, they do not have cable. If they have cable, they may use it just to watch sports these days. They probably do not listen to the radio much. They may access music through apps like Spotify, Apple Music and others. They may be watching television or movies through Netflix, Prime, YouTube or many of the other streaming services that have absolutely revolutionized the media landscape over the last two decades. In order to have a level playing field, these platforms need to be treated just the same as television and radio have been treated for decades.

Sometimes the question comes up about why we need Canadian content. Quite simply, it is because we are not American. We feel the impact and dominance of the America media and culture, and that is something that every Canadian is familiar with. We are inundated with American news, TV, movies, music and culture. The American media and entertainment industry is very much a juggernaut, with the ability to promote and broadcast its influence far and wide. In Canada, we see that.

The close and familiar nature of our cultures and histories, as well as the vast funding and institutional entrenchment of American media, have allowed it to flourish in our country, and there is no doubt that there is exceptional content coming from south of the border. However, our Canadian content creators are at a disadvantage without the same levels of inertia, funding and entrenchment that the American media have had for decades.

That is why we need to take action to ensure that Canadian culture and Canadian stories are still promoted and told. I think we would all agree that our own culture and history are distinct from those of the U.S. We have stories, ideas and creative expression that are uniquely Canadian, and it is the shared cultural fabric that helps define our national identity.

That, right there, is what this bill is really about. We have our own cultural fabric and our own Canadian identities, and we must work to protect our heritage from the influence of foreign media. It is unfortunate that this bill, which is aimed at protecting and strengthening our cultural heritage by requiring only web giants to pay into creating Canadian content, has been so mired in controversy and misinformation.

I want to take a moment to try to set the record straight on exactly what this bill does not do. This bill does not impose regulations on content that everyday Canadians post on social media. It does not impose regulations on Canadian digital content, creators, influencers or users. It does not censor or mandate specific algorithms or streaming services on social media platforms. It does not limit Canadians' freedom of expression in any way, shape or form, or create the conditions for Internet censorship.

This bill specifically carves out from the bill content created by users on social media platforms, except where that content is commercial content. That is defined by the regulator, which evaluates based on three elements, whether the content is monetized, whether it exists on another non-social media platform, and whether the content has a unique international standard code.

This measure is designed to standardize treatments of commercial content across all platforms. We have to ask ourselves why such an innocuous bill, which would support our Canadian cultural producers, would become so controversial. Who can argue with bringing our regulation into the 21st century? The answer is actually quite simple. It has been a coordinated campaign of misinformation and disinformation.

Members opposite and their party's communication apparatus have peddled misinformation claiming that the bill would silence Canadian online content creators, despite the fact that the bill explicitly excludes content creators. They have claimed that the bill would violate charter rights and limit free speech, despite its direct predecessor's having been through multiple reviews for charter compliance and the fact that the Department of Justice has found it fully compliant. Members claim that the bill would control what people can post on Facebook and Twitter, despite the fact that the bill has absolutely nothing to do with regulating online speech.

The scale of misinformation and disinformation around the bill has been so extreme that one would be hard pressed to believe that it came about organically. If we think that there is no way that this misinformed outrage is organic, we would be right. Rather, far-right organizations like Canada Proud have been working overtime, pushing falsehoods about the bill on Canadians. This of course is the same Canada Proud that was founded by Jeff Ballingall, also known as the digital campaign director of the former leader of the official opposition in the last election, as well as that of the likely future leader of the official opposition.

It is disappointing that the official opposition works with groups such as these, which employ tactics of misinformation and in this case, clear disinformation. In doing so, it actually undermines and compromises the fabric of legitimate political discourse in Canada, while also sowing division for political gain. In this case, it means siding with foreign web giants over the Canadian cultural sector, which is resulting in that sector's being left behind, especially in light of the serious impacts the COVID-19 pandemic has had on the sector. It is bad enough that these tactics are poisoning debate in the House and on topics at the national level, but we know this is not an isolated example.

In the last election, in fact, the Conservative candidate in my riding did a mail drop a couple of days before the election, with a nefarious-looking picture of the Prime Minister saying that we were going to remove the exemption on capital gains for principal residences. I am sure many other folks in the House could give us many other examples.

Unfortunately, I have little confidence that the official opposition is going to cease with these disingenuous tactics. It is their MO, after all, but these insidious approaches are now poisoning debate all the way down to the local level. I bring the example of Squamish Voices. Squamish Voices began as a social media Facebook page and built up a following as a faux community group by promoting themselves on Facebook and asking very innocuous questions like what someone's favourite ice cream was. Having built up a very large following, they switched into launching a very dedicated campaign of attacks and character assassination on progressive elected officials by spreading misinformation. They spent over $25,000—

Online Streaming ActGovernment Orders

May 11th, 2022 / 8:10 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, this evening I rise as an artist. People may not realize this, but in Montreal, 80% of the members of the artists' union earn less than $20,000 per year. That is kind of a big deal.

At one point in her life, a few years ago, Sylvie Drapeau, a hugely famous stage actor in Quebec, was getting cast in all the biggest roles. She played the Théâtre du Nouveau Monde, the Théâtre Jean-Duceppe, the Théâtre du Rideau Vert. She played lead roles in the evening and rehearsed during the day. Even when she was playing starring roles in all the top productions, she was earning just $35,000 per year, and she is an outstanding actor, probably one of the greatest actors Canada has ever known. Artists are starving, and the pandemic made things even harder.

What does my colleague think about the fact that we could have passed Bill C‑11 a year ago, which would have helped artists struggling to get by? I used a stage actor as an example, but the pandemic has also been very hard on television actors and musicians. What does my colleague think about the fact that, when the Liberals called an election, they delayed a bill that was needed to help our artists in Quebec and Canada earn a living?

Online Streaming ActGovernment Orders

May 11th, 2022 / 8 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is an honour to stand virtually to join members this evening to contribute to this debate. I am currently in my home riding and am honoured to recognize and acknowledge the territory of the WSANEC nation. I raise my hands to all of them and say hych'ka siem, which is in the language of the traditional people of this land. I hope that Bill C-11 will actually deliver on some of the ideas to increase the indigenous content in what we see from our broadcast media in this country. We have a lot of work to do.

I want to address the bill. I have thought a lot about it, and in some of the debate, the notion that we need to do more for Canadian content has been somewhat ridiculed because there is Canadian content in things like The Handmaid's Tale. Why would we think that needed more Canadian content?

Just for fun, I looked up some of the things that one could think of as Canadian content that never was, like Dudley Do-Right. I grew up with Dudley Do-Right, the accident-prone Canadian Mountie who of course had nothing to do with Canada. It was produced by the people who did Rocky and Bullwinkle. It was in the 1960s that I used to watch that. In 1999, there was a Hollywood film based on the cartoon, and of course none of the people involved were Canadian, and the indigenous characters, who were played in ways that were racially and culturally inappropriate and offensive, were played by actors who were not themselves indigenous. We can go way back, if we want to look for Mounties, to find Nelson Eddy and Jeanette MacDonald from the 1930s, with a score from Oscar Hammerstein, singing Indian Love Call.

It is absurd to think for one minute that a Canadian Mountie makes a show Canadian or that the inclusion of an indigenous character makes it appropriate. It is laughable. We really do have to pay attention to raising up Canadian content.

I can share with colleagues that countries with much smaller populations than Canada has, like Norway or Denmark, have really extraordinary hit programs that people watch even if they have to put up with subtitles. They watch Borgen or watch the Occupied series. Canada has amazing talent, and it is time to make sure that we are not undermined by online streaming.

I am therefore very sympathetic to many of the goals of this bill. It has amendments to the Broadcasting Act, and because the Broadcasting Act protects freedom of expression, we are not going to lose freedom of expression. However, that does not mean I do not have some concerns that I share with other members here.

I want to thank Paul Manly, by the way, the former member of Parliament for Nanaimo—Ladysmith, because he took on all the workload of Bill C-10, which involved a lot of time developing amendments and being stuck in committee, where nothing was moving, and then we had an election. I did want to get out a public thanks to Paul.

I will turn to the things that really need work. The whole piece around the community element needs work. The broadcasters within community radio and community television that take on the role of community really want the community element definition fixed. One of the key concepts that I hope the committee will take on, in listening to community broadcasting, is to make sure that community broadcasting, by its definition in Bill C-11, is understood as fully community run. It is a really important point and we want to take that forward. I will be working in committee as a non-member of committee to get some amendments made so that the act really protects community-run content.

I am also concerned, frankly, about criticisms of the overreach of the CRTC's authority. We should really look at them. I am not sure where I come down on this yet, but Michael Geist, who is a really knowledgeable expert on media, is concerned that there would be an increased and expanded CRTC authority. I did used to practise in public interest law, and I went through some really long, mind-numbing hearings on, for instance, the review of revenue requirements for Bell and the breaking up of Bell, and all the things the CRTC did. It is a very powerful administrative body, and I wanted to mention that to colleagues.

A lot of the councils and advisory bodies to government, like regulatory agencies, generally provide advice to the government. In the case of the CRTC, it has decision-making authority and can only be overturned by a cabinet-level decision, so it is really important that we are careful. This is our one opportunity to really say what the CRTC is supposed to do and what it is not supposed to do. It is what we do when we are legislating, so let us make sure we get that right.

I have to say my confidence in the CRTC was shaken when I realized that it had put Russia Today, RT, on cable networks across Canada. It is a disinformation source that has undermined this country's democracy. I do not know how anyone ever concluded that this was a good idea, but I would like to make sure that we know we have given the CRTC the right instructions by legislation to make sure it is regulating and protecting Canadian content, and ensuring the survival and flourishing of our artistic community, our indigenous community and the French language.

We need to have French broadcasting. That is essential to our multicultural country. I am not convinced that Bill C‑11 has this quite right. It is not perfect, at least not yet.

The other piece I really want to mention is what we do about online content and social media. I know that the hon. member for Fleetwood—Port Kells made reference to this, but I really want to commend the recent work of former chief justice Beverley McLachlin and the quite brilliant academic director of the Centre for Media, Technology and Democracy at McGill, Taylor Owen. They make a very important point: Regulate the system, not the speech.

I really think that our social media approach should not be to look for when there has been a transgression and then go out and punish. I do not think the government or the CRTC should be trying to figure out when speech is hate speech or when it is libellous. We need to create a system where social media enterprises have to themselves take on the responsibility to be fully transparent and accountable.

I am going to read this into the record, before I run out of time. It is from an article by former Supreme Court chief justice Beverley McLachlin and Taylor Owen:

For too long the issue of online harms has been erroneously framed as one of individual bad actors and the regulation of speech, but the problem is one of systemic risk and it must be addressed as such. Canada now has the chance to learn from and build on the policies attempted in other countries and get it right.

That is from the recent May 9 article “Regulate the System, Not the Speech”.

We can do this. Whether it is through this bill or the many others that are looking at social media, we have to fix this. I will close here and just say this. Let us get Bill C-11 to committee. Let us get it right.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:45 p.m.
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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Mr. Speaker, I rise today to speak to Bill C-11, but more importantly to address the fake outrage that continues to ensue as it relates to anything that comes from the other side of the House, such as the fake outrage from the member for Kamloops—Thompson—Cariboo just a few moments ago about time allocation. What the member for Hamilton Mountain was trying to say to him was that there have actually been more Conservative speakers speaking to this bill during second reading than every other party combined.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:40 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, the member spoke about discoverability. This is one of those things that is being left to the CRTC to implement based on a policy directive that the government would send after the bill is passed.

Has the member spoke to the Minister of Canadian Heritage? How would he direct the CRTC to implement discoverability through Bill C-11?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.
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Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Madam Speaker, it is an honour once again to rise in the House to talk about Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts. As a former journalist and broadcaster, this bill is close to my heart.

I followed the previous version of this bill as a journalist before I was elected, and I find it very fitting that I now have this new opportunity to contribute to this timely and important legislative measure.

It has been a while since I was lucky enough to give my first speech in the House as a newly elected member of Parliament, but I would like to revisit something I mentioned in my maiden speech. For more than 20 years, I worked on the ground as a journalist, covering local news and community stories. I experienced first-hand how local news impacts people and how individuals rely on updates to stay informed about their communities.

I worked as a journalist in Honduras while doing volunteer work. During journalism school, I worked at the Edmonton Journal for a summer. I was hired at The Hamilton Spectator after finishing my degree and was then lured over to the broadcast side by the astute and enterprising producers at CHCH News. I then spent another 20 years as a daily broadcast journalist. I heard regularly from viewers, and still do, who were thankful for my work in connecting them with their community and informing them of important issues in their city.

This wealth and breadth of experience gives me an unique perspective on how this legislation will directly impact Canadians and how badly this new law is needed in our country.

I am happy to rise again as this bill has made its way to second reading. I am here to remind the constituents of Hamilton Mountain that I remain a steadfast voice for the value of local news in the city of Hamilton and in communities across this country. Local news ensures that we remain connected, that we continue to engage in important conversations and that we are informed about what is happening in our own communities. Local journalism is a pillar of democracy, and local news outlets are struggling to remain open because web giants offer cheap solutions without the burden of paying for content. It is time that changed.

We have been working hard to ensure that web giants pay their fair share, to level the playing field and to protect Canadian culture, creativity and storytelling. Since I last spoke to the online streaming act back in March, I have continued to receive incredible support from my constituents about the passage of the bill. I have also held meetings with stakeholders who, like me, want to see this bill passed as soon as possible.

Although my area of expertise is in news and broadcasting, I have met with a variety of different groups, such as actors, directors, musicians, radio hosts, writers, producers, broadcasters and many more, about how the unfair advantage of foreign platforms must be addressed to ensure that our Canadian artists, creators and stories continue to not only thrive but shine.

We know where we need to begin. Our system needs to be fair and equitable. There needs to be just one set of rules for Canadian broadcasters and for streaming platforms at all times. I have said it before, and I will say it again: Anyone who profits from the system must contribute to it.

Having a fair playing field in place for all players will help ensure that online streamers contribute, help showcase and encourage the creation of Canadian culture. Our local media organizations and stakeholders will lose if this bill does not pass. It is so important that we all work together to see this come to fruition, because this act has not been updated since 1991. Let me say that again: 1991. We know it is time to get this done.

It is hard to even remember back to 1991 before the ease and availability of the Internet. I did not have a cellphone back then. I carried a pocketful of quarters if I needed to make a phone call at the phone booth. If I needed to do research, I went to the library and found the appropriate microfiche.

The landscape has obviously changed significantly since then. We have evolved in how we access music, TV and news. It has all changed. Therefore, our legislation needs to evolve along with the world around us. If foreign streamers are making money off Canadian content and local media outlets continue to lose money to them, we risk a total collapse of journalism in Canada. We need to do what we can now to protect, encourage and promote the immense talent that we have here in our country.

These measures will apply to broadcasters and platforms like YouTube, Netflix and others, not to users or creators.

Canadian stories, Canadian content, Canadian artists, Canadian creators, Canadian companies and local news are all at the heart of this legislation. We are so proud of our Canadian talent and we want to showcase it. We need to support our own industries, to tell our own stories and support our own creators. Bringing everyone into the same ecosystem and having everyone contribute to this ecosystem just makes sense, and that is what we will do with Bill C-11. By requiring online streamers to contribute to the production of Canadian content, it will ensure that more of our artists are showcased. Prioritizing our own creators, including from francophone, indigenous, gender-diverse, racialized and other equity-seeking backgrounds.

The online streaming act will allow for equitable and flexible contributions from online streamers while continuing to promote discoverability. I have heard from a number of stakeholders that it is imperative we continue to do our best to ensure that Canadians can find Canadian content on any platform. We know our productions and content are great. I do not think I need to tell my colleagues about how incredibly talented our Canadian artists are, but we also need to think a bit deeper about behind the scenes, the work that goes into every song, every movie, every TV show, every piece of content that we see, hear and experience. There are writers, producers, broadcasters and all of the magic that happens behind the curtain. We cannot risk even the thought of the collapse of any of these sectors just because streaming platforms like YouTube or Amazon Prime do not have the same requirements as Canadian companies.

I would like to come back to the broadcasters who are affected here.

Canadians rely heavily on Canadian news. It is woven deeply into the fabric of our communities. We saw with the COVID-19 pandemic how our local news stations provided updates on case counts in clinics. We see it today with flood warnings and weather updates, keeping citizens safe and informed of potentially life-saving situations.

I know that at CHCH news during the pandemic viewership increased dramatically. People needed to know what was going on. They needed to connect with their community and get important health and safety information. They tuned in to their trusted news and they have continued to turn on the TV. That said, the broadcasting landscape has changed significantly over the past few decades, as I have already mentioned, with bigger players in the game dramatically affecting our Canadian news market. We need to ensure that our broadcasters can keep up and that they are protected. The rules are outdated and in order to ensure fairness, this bill needs to pass now so we can better support our Canadian broadcasting sector.

I will once again make my pitch to the hon. members of this House to support this bill, please, which, in turn, will support our hard-working broadcasting and creative sectors. We need to make these changes now in order to protect our industries and to set the stage for all the great talent we will be lucky enough to see in the years to come.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.
See context

Bloc

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

Madam Speaker, I would like to thank my colleague for his comment. That is exactly what matters most to me, francophone content.

Had it not been for the Bloc Québécois taking part in the Standing Committee on Canadian Heritage when Bill C-10 and Bill C-11 were being studied, the discoverability of francophone content—its presence, and the obligation to promote it, to recognize it, and to showcase it—would not have been nearly as significant as it is now.

We are satisfied with discoverability now. That was a demand from the sector that we responded to and discussed. My colleague from Drummond did the same for Bill C-11. We are satisfied, and we hope that the sector is as well. I think it is, because we are making sure its voice is heard.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.
See context

Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I would like to begin by congratulating my colleague on her wonderful speech.

The Bloc Québécois supports Bill C-11. The Broadcasting Act has not been updated since 1991, and that is more than 30 years ago. Obviously, broadcasting on the various platforms has constantly evolved in that 30-plus years.

I would like my colleague to tell me about the importance of francophone content in this bill.