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

[Lisa Hepfner, Liberal, Hamilton Mountain, ON]

Madam Speaker, thank you for that reminder.

The hon. Minister of Canadian Heritage said, “once this bill has gone through the parliamentary process and received royal assent, we will make it even more clear to the regulator, through a policy directive, that this legislation does not touch users, only online streaming platforms. Platforms are in; users are out.”

I am a member of the heritage committee, so I have the privilege of speaking one on one to a lot of the stakeholders for Bill C-11. What I am hearing from members opposite is a lot of the YouTube talking points, so I am wondering why the Conservatives are so intent on supporting the web giants and not Canadian arts and culture.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, today I am so pleased to speak to Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

This bill is big, and this bill it really big news. When a lot of Canadians where I come from think of what the government does well and does not do well, it often relates to what we might watch on TV or what we might stream on the Internet, so in terms of consequences in our day-to-day lives, what we are talking about today really does matter.

It was in 1932 that the Canadian Radio Broadcasting Act was passed, which recognized the importance of radio broadcasting concerning educational, social and cultural development on a national level. Throughout the years, this act was revised and modernized, with the last update occurring in 1991. The world has changed over the last 30 years, especially with the rise of social media and the Internet.

Today, our current government says it is updating the act for today’s digital world to ensure that Canadian content is reflected in online programming. While there is a need to promote Canadian content and support Canadian creators, is the government truly respecting user choice, or is it trying to control what we see and hear online?

The heavy tone of all the regulations in this bill, in my opinion, is more of government oversight rather than cultural and language promotion. Why is the government telling the subject matter experts how to use their language and what stories they should be telling?

For example, under section 9.1, subsection (1)(d), the CRTC regulates:

the proportion of programs to be broadcast that shall be devoted to specific genres, in order to ensure the diversity of programming;

Is the government trying to tell us how many comedy, drama or horror programs that broadcasters under this act, in the age of social media and the Internet, would have to offer?

Last year, I did a survey on the previous iteration of this bill, Bill C-10. I heard from one elderly gentleman in my riding who was angry because he did not have any say over which channels he could get in a basic TV package. These are covered by the current Broadcasting Act and CRTC regulations, which would be amended by the legislation we are debating today.

In the modern era of broadcasting in Canada, more government oversight has meant fewer options for viewers. People do not want to be told what programs they have to include and pay for in their cable packages. This has led to a domination of traditional media by a few legacy giants, whose viewership continues to decline year over year as many are choosing the Internet and its vastly more diverse range of content and options.

This legislation risks causing the same reality we witnessed with cable TV, but applied to the Internet, including fewer choices, and fewer independent actors and creators. At the end of the day, is this just another attempt by the government to prop up failing legacy media?

Bill C-11 was the government’s opportunity to move into modern day concepts of broadcasting programs. The government claims it wants to modernize the Broadcasting Act of 1991, yet Bill C-11 is basically using the exact same definition of broadcasting, meaning the starting point for regulation in Canada is that all audiovisual content would be cast as programs. Had the government perhaps distinguished between conventional and on-demand broadcasters versus video sharing platforms, like was done in the European Union, there would be no need for exceptions, exemptions and exclusions, which are riddled throughout this legislation.

It is not me saying that. It is Michael Geist, the Canada research chair in Internet and e-commerce law. He explained that, when we start with legislation that includes everything and we try to narrow it down, we simply cannot. We end up with loopholes, undefined services, and plain and simple confusion.

Rather than clearly define what needs to be regulated as broadcasting, this bill would leave much of those decision-making powers up to the CRTC. This limitless reach of the CRTC was even identified in an internal government memo during the committee process of Bill C-10, the last iteration of this legislation. The memo stated that social media services such as YouTube and Facebook greatly expand the number of individuals and other entities than can be said to be transmitting programs over the Internet. It also highlighted the importance of limiting the power of the CRTC to regulate user-generated content.

Despite this, the government removed the exemption for user-generated content in Bill C-10. Now in Bill C-11, the government claims the exemption is back with proposed section 4.1. The government now says it listened and fixed the concerns around social media. However, when we look at proposed subsection 4.1(2), we see there is an exception to the exception, and indeed the government does allow for regulation of content uploaded to social media. How are users and content creators to know if they are the exception or the exception to the exception?

Proposed subsection 4.1(2) states:

(2) Despite subsection (1), this Act applies in respect of a program that is uploaded as described in that subsection if the program

(a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them

Subsection 2(1) would define “affiliate” as follows:

in relation to any person, means any other person who controls that first person, or who is controlled by that first person or by a third person who also controls the first person

My tongue is already twisted; this is really complicated stuff. It seems to apply to YouTube creators and other creators, but with the vague definition and really challenging legislation to read and understand, we do not know. It is almost like the government tried to make it as complicated as possible so people would not understand the complexity of what it is trying to achieve, which we still do not know either.

Podcasts, one of the richest spaces for user online expression, would fall within CRTC power to regulate content as a program. This bill is trying to categorize, in very convoluted language, any and all Canadian content on the Internet as broadcasting. It simply is not. Foreign services that carry modest Canadian presence or services might not take so kindly to CRTC oversight. Their first response may very well be to block the Canadian market entirely, leaving many Canadians with less program choice, more expensive services, particularly with respect to access to multicultural programming, and algorithms that do not meet their needs online or respect their choices.

One of the key questions I get from constituents regarding this legislation is “Will I now be subject to CRTC regulations for what I watch and do on the Internet?” Recently, Darcy Michael, a comedian from B.C. with a large following on TikTok, expressed his concern with how the bill will affect artists in the digital space and those consuming culture online. Mr. Michael cautioned that CRTC oversight would limit creativity of independent artists and that the current system of “user-generated content exists because it works”. Algorithms right now, as I understand, reward content that is popular and it is shown to people who are likely to be interested. That is how Mr. Michael has made a lot of money and has done it as an artist. By showing Canadian content to viewers who are less likely to interact with it, we hurt its ability to reach foreign viewers and the creator's ability to make a living in the digital marketplace beyond the limited Canadian media landscape. Therefore, one of the most disconcerting issues is the financial impact this bill will have on Canadian creators, many of whom have large foreign audiences and are the real reason people know about Canadian culture in the first place.

In conclusion, there is so much to cover, but this is not the 1930s, the 1950s or the 1990s, when we would turn to the radio or television to hear the news or watch a local hockey game. This is 2022, and we are constantly facing new media platforms. We need to eliminate the uncertainty this bill creates. We need to avoid the problems this bill will create. We need to define key provisions, decide on what actually constitutes a Canadian creator, fully exclude user-generated content and limit the scope of the bill to a manageable size. It is unrealistic in the 21st century to think the government can regulate the Internet, and the consequences of doing what we are doing here today will be felt for a long time in ways that we do not understand.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, I am very proud, as always, to rise in the House to speak for the incredible people of Timmins—James Bay.

We are here to talk about Bill C-11. We have to step back into the last Parliament where we had Bill C-10, which this is the update of, and what was then Bill C-11, which was supposed to be about addressing the long outstanding need to bring Canada's laws up to standard in dealing with the tech giants.

This Bill C-11 was the old Bill C-10, which should have been pretty straightforward. Who does not want Facebook to finally start paying tax? This is a company that made $117 billion in profit last year, up $31 billion in a single year, and it is not paying tax. That is what Bill C-10 was supposed to do, but then it was our modern Minister of Environment who was then the minister of heritage who turned it into a total political dumpster fire. It was so bad the Liberals had to call an election, just to get that thing off the table.

Now the Liberals have brought it back. At the time, then Bill C-11 was supposed to be the privacy bill, a pretty straightforward thing. However, that was another dumpster fire, because the Privacy Commissioner had to come out and say that the Liberal plan to update privacy rights would actually undermine basic Canadian privacy in the realm of digital technology. Particularly, the Privacy Commissioner found this American company, Clearview AI, broke Canadian law for their illegal use of images in facial recognition technology. In response, the Liberals were going to rewrite the rules so it would be easier for Clearview AI to break the law, rather than for the Privacy Commissioner to protect Canadians.

The Liberals had to call an election to erase all of that. Now the Liberals have been given, as they have so many times in the past, one more chance. The deus ex machina comes down and gives them a chance to do things all over again.

Now we are looking at this Bill C-11. I can say one thing about this Bill C-11 is that it fixed a lot of the problems with the previous dumpster fire, maybe by moving the minister, although God help the planet now that he is looking after the environment. That is just my own personal thoughts from having read his ridiculous environment plan today. What he was going to do for culture, he is now doing to our environment.

Having said that, I would say that there is a couple of key issues we need to be looking at. We need to be looking at the need for Canada's legislation to actually address the right of artists to get paid in the digital realm. For too long in Canada we sort of pat our artists on the head. We all talked about the favourite TV shows we had growing up. One of the Liberals was talking about the Polkaroo.

Arts policy should not be that we just pat our artists on the head. This is an industry. It is one of our greatest exports. We are not promoting arts as an export or promoting our artists to do the work they need to do. We saw from COVID the devastating impacts on Canada's arts industry, on theatre, on musicians and on the tech people, the highly skilled tech people who went over two years without working. We really need to address this. One of the areas where they have been so undermined is online.

Let us talk about Spotify. It is basically a criminal network in terms of robbing artists blind. The number of sales one needs to have on Spotify to pay a single bill is so ridiculous that no Canadian artist could meet it.

We have streaming services that are making record fortunes. Therefore, it is a reasonable proposition to say that they are making an enormous amount of profit and they have a market where they do not have any real competition, so some of that money, and this was always the Canadian compromise, needs to go back into the development of the arts so that we can continue to build the industry.

The one thing I have also come to realize is that what the digital realm gives us and what streaming services give us is the ability to compete with our arts internationally on a scale that we never had before, if we are actually investing. Let us not look at it in a parochial manner, like what was done with the old broadcasters, where it was one hour on prime time a week they had to have a Canadian show on. Let us actually invest so that we can do the foreign deals. Why is it I can watch an incredible detective show from Iceland on Netflix, yet people in Iceland are not seeing an incredible detective show from Canada?

This is what we need to be doing. This is a reasonable position to take. With the profits that Facebook and Google are making, they can pay into the system. That is simple. They have unprecedented market share.

I will go to the second point, which is dealing with the tech giants. It is something I worked on in 2018. Our all-party parliamentary committee came up with numerous recommendations. I have to speak as a recovering digital utopian because there was a time when I believed that when we let all these platforms come, if we stood back and did not put any regulations on them, they would create some kind of new market promised land, but what we saw was that those dudes from Silicon Valley who were making YouTube in their parents' garage morphed into an industrial power that is bigger than anything we have ever seen.

There is a term, “kill zone of innovation”, where these companies have become so rich, so powerful and have such unprecedented corporate strength that it dwarfs anything we have ever seen in the history of capitalism, companies like Facebook. When Facebook gets a $5-billion fine, it does not even blink. It does not bother it. When the Rohingya are launching 150-billion U.K. pound lawsuit for the mass murder caused because of the exploitation of Facebook's platform, we realize we are dealing with companies that are so much beyond that they do not believe that domestic law applies to them. There has to be some level of obligation. I have worked with international parliamentarians in London, and there were meetings in Washington, trying to see how we can address the unprecedented power.

There is one thing that changed fundamentally when we saw the growth of this power. There used to be a principle that the telecoms would always tell parliamentarians, which was that we should not be blamed for what is in the content because, as they say, the pipes are dumb. We just send out the content and people choose, but people do not choose the content on Facebook and YouTube because of the algorithms. It is the algorithms that make them culpable and responsible.

I refer everyone to Congresswoman Carolyn Maloney, who demanded Facebook explain how many of these stolen bot pages were driving misinformation during the convoy crisis here in Ottawa. Congresswoman Maloney wrote, “Facebook’s history of amplifying toxic content, extremism, and disinformation, including from Russia and other foreign actors” is well known. It is no wonder that some members on the Conservative backbench are so defensive about this bill. My God, this is their main source of news. What are they going to do if we start dealing with bot pages that they think is something that came down from the promised land?

As parliamentarians, we have an obligation to address bot accounts. We have an obligation to hold these companies to account. What does that mean? Number one, it is about algorithm accountability. I do not care what someone watches on Facebook or YouTube, that is their business, but if the algorithm is tweaked to show people what they would not otherwise see, Facebook is making decisions for them.

I would refer my colleagues to Tristan Harris, the great thinker on digital technology. He spoke to the committee in 2018 and said, “Technology is overwriting the limits of the human animal. We have a limited ability to hold a certain amount of information in our head at the same time. We have a limited ability to discern the truth. We rely on shortcuts” like thinking what that person says is true and what that person says is false. However, what he says about the algorithm is that the algorithm has seen two billion other people do the same thing, and it anticipates what they are going to do so it starts to show people content. What they have learned from the business model of Facebook and YouTube is that extremist content causes people to spend more time online. They are not watching cat videos. They are watching more and more extremist content. There is actually an effect on social interaction and on democracy. That is not part of this bill.

What the all-party committee recommended was that we needed to address the issue of algorithmic accountability and we needed to address the issue of the privacy rights of citizens to use online networks without being tracked by surveillance capitalism. With this bill, we need to ensure that these tech giants, which are making unprecedented amounts of money, actually put some money back into the system so that we can create an arts sector that can compete worldwide.

[Louise Chabot, Bloc, Thérèse-De Blainville, QC]

Madam Speaker, I sincerely hope that Bill C‑11 will be passed as soon as possible.

I applaud the work that our colleague from Drummond did in committee. I am very happy that Bill C‑10, now Bill C‑11, is before the House today.

I do not understand why anyone would oppose this bill. The Canadian Radio-television and Telecommunications Commission Act is archaic and toothless.

Francophone cultural content is in decline, and all our broadcasters are losing momentum. I believe we must act to resist the web giants of the world. Personally, I find this very important.

My question for the member who spoke is this: If this bill passes, it will go to committee. How much time will it take for the CRTC to implement the changes?

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Madam Speaker, I know this hon. member has been quite passionate and quite involved in commenting on Bill C-11 from the onset and even in the prior session of Parliament before the last election. I applaud the hon. member for Lethbridge for their due diligence and work on this issue, because they have been there commenting from the beginning and asking tough questions to our government.

From looking at the research I have done on the bill and from the work that I have done, I know the bill explicitly excludes all user-created content on social media platforms and streaming services, and—

The House resumed consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Madam Speaker, if the hon. members wish to do a point of order on relevance, I would encourage them to do so. I will always speak to our government's record and how it is benefiting Canadians.

When I look at Bill C-11, I see the last time changes were made to the Broadcasting Act was in 1991, and I think about where I was as an individual in 1991 and what environment we operated in. I was beginning my first year of undergrad in university at Simon Fraser University. At that time, we did not even have email accounts. We were just given email accounts of some sort and were figuring out what was going on with this new technology. I think print was still pretty big as well. Fast-forward from then, and obviously we see there have been a number of changes in media and in what the Internet has created and we see the obvious metamorphosis that has happened in society. It is great to have been a witness to that and a participant in it.

I see today how that is impacting the lives of Canadian families, including my two older daughters, who are nine and almost 11. They receive their content and watch TV through Disney+, Prime, Netflix and YouTube, and all of their friends and cohorts receive and watch their content through online streaming. If I asked them if they knew the traditional media channels of ABC, CBS or NBC on the U.S. side, or CTV, Global and CBC on the Canadian side, I think my daughters would know the channels of Disney+, Crave and so forth much better because they receive so much content on them.

That is why it is so important that we as a government not only focus on Bill C-11, but, again, focus on achievements like a national early learning and day care plan and reducing greenhouse gas emissions, and focus on what I would say is a Broadcasting Act that brings us into the modern age. We know that legislation is always a work in progress and it has to be adaptable, but we also know that in the world we live in, the government tends to be sort of reactive in the sense that technology and changes in the world will move in a much faster fashion than sometimes government can respond to. That is a natural thing. It is a natural thing that we need to now respond to what is happening online.

I want to read one quote about the support this bill has received, because I think it is exciting, it is relevant and it does bring certain aspects of the Broadcasting Act into modernity. It is from eOne Canada:

“We're excited about the Online Streaming Act, which we see as an opportunity to increase investment in Canadian content and in turn help grow Canada's creative sector and domestic talent pool even further. The strength of Canada's film and TV sector today is a direct result of both public supports and private-public partnerships formalized over many decades, and a modernized act is the logical next step. We encourage all parties to collaborate to pass Bill C-11 as soon as possible.”

When we talk about Bill C-11, we are talking about modernization. I have always been a proponent of modernizing, whether it is in our tax structure or our regulatory burdens. I actually called for that in an op-ed a few weeks ago, and this is part of that mantra. This is part of that tangent where we look at whether the acts we utilize are impacting various industries, and the Broadcasting Act is one of them.

I want to take this time to recognize the powerful impact that Canadian cultural policies have had and continue to have on creative content production in Canada and what I would call our cultural sovereignty. We know that Europeans, if I can use them as an example, protect their cultural content. We know how much they revere their cultural content and how proud they are. Bill C-11, which would amend the Broadcasting Act, takes us down that path. It ensures that we put in value, that we march with our heads up and are very proud of what our Canadian creators from coast to coast do and that they receive the support they need.

The digital age has continued to transform Canada and how Canadians share their stories and consume content in an open and dynamic global marketplace, in addition to traditional television and radio. Most Canadians access their favourite songs, films and television shows through online streaming services like Netflix, Spotify, Crave, Disney+ and many others. It is time that these services are required to contribute to Canadian stories in the same way that Canadian broadcasters always have.

Our government is advancing an important digital policy agenda aiming to help create a fairer, safer and more competitive Internet for all Canadians. The online streaming act builds upon the economic and social benefits of the Broadcasting Act. It ensures the sustainability of the Canadian broadcasting system. It continues to support an ecosystem where public, private and community elements work together to contribute to the creation and exhibition of Canadian programming, and it ushers in a new era of broadcasting.

The online streaming act follows on our promise to safeguard our cultural sovereignty and support our creators and creative industries. We want to continue supporting Canadian creators and showcasing their stories on screen and in song. We want to continue supporting their livelihoods and inspiring future Canadians of all backgrounds in this beautiful, diverse and inclusive country we get to call home by allowing them to see themselves reflected on all platforms, including online. Those are some of our objectives with the online streaming act.

We have listened to stakeholders, experts, professionals, parliamentarians and many Canadians and taken note of their needs, interests and preoccupations. Following royal assent of the online streaming act, our government will issue a policy direction to the Canadian Radio-television and Telecommunications Commission, the CRTC, to indicate our priorities when it comes to putting in place the new regulatory regime. The policy direction has two primary goals. First, it will focus on the importance of consultation and special consideration of the needs of equity-seeking groups. Second, the direction will make clear areas where regulation is needed, as well as areas where flexibility should be exercised. That is very important, as we move forward with Bill C-11, for the primary goals and the focus areas.

We will continue to consult, as the government has done since day one in 2015 when we formed a majority government, and work with all Canadians and all stakeholders. We will also, of course, ensure the regulation is flexible, while meeting the goals of the amendments to the Broadcasting Act that are brought through Bill C-11.

It is my pleasure to speak in more detail about our government’s plan for a policy direction and the steps after the royal assent of the online streaming act.

If Bill C-11 is adopted, the Minister of Canadian Heritage intends to ask the Governor in Council to issue a policy direction to the CRTC to guide its implementation of the online streaming act. A policy direction is an opportunity to clarify the government's policy intent on certain issues regarding social media platforms and digital first creators. It will also provide a level of flexibility that ensures any necessary changes can be made quickly in the future when needed.

It is so important to have legislation and acts in place that react to the changes of the day so that we can look at and make the changes we need to understand the technology and how it is changing, not only in the workplace but in this situation with online media platforms and how they are changing a sector. We can point to how changes have come forth to many industries we operate in. I remember that when I first started working on Wall Street in New York city, we had a thing called a PalmPilot. We had it by our desk and we used to tap it for our schedule. Within a year or so, that became totally irrelevant. Then we would be contacted using a thing called a BlackBerry pager. Again, the technology changed so quickly. Therefore, we, as a government in this realm, are amending this section of the Broadcasting Act of 1991 to bring it up to speed.

It will also provide a level of flexibility that ensures any necessary changes can be made quickly in the future when needed. For instance, a policy direction to the CRTC will make it clear that the content of digital first creators who create content only for social media platforms should be excluded. Of course, individual users of social media will never be treated as broadcasters under the online streaming act, and only some commercial content carried on social media platforms could trigger obligations on that platform. A policy direction will clarify that the content of digital first creators will not be part of the commercial content that can trigger obligations for platforms.

This means that the content of digital first creators will not be included in the calculation of the social media platform's revenues for the purposes of financial contributions. Content from digital first creators will not face any obligations related to showcasing and discoverability. Canada's digital first creators have told us that they do not want to be part of this new regime, and we have listened.

The policy direction will also specify the government's intent when it comes to video games, and gaming is a very big industry in Canada, whether it is in Vancouver, Montreal or here in Ontario. I will repeat again that video games are not to be regulated.

The policy direction will also allow our government to signal important priorities to the CRTC, including with respect to such topics as advancing reconciliation with first nations, Inuit and Métis people; combatting racism; fostering diversity and inclusion; accessibility; official languages; adaptation to our new digital realities; and more.

When I think about diversity and inclusion in my area of York Region, I think about how we have Telelatino, which has been a long-time ethnic broadcaster in Ontario and throughout the country. When I talk to the principals at that entity, which is a mix of Spanish and Italian broadcasting, they are obviously here and doing things in Canada and participating with the government and agencies. I want to give a shout-out to Aldo and the entire team at Telelatino, TLN, for the great work they do in promoting not only Canadian content but content from various parts of the world and bringing it to our homes on a daily basis.

The draft policy direction will be prepared in the months to come and published upon royal assent of the online streaming act. It will reflect relevant legislative amendments adopted during the parliamentary review of Bill C-11 and the important feedback the government continues to receive. In the last session of Parliament, I sat on three committees and I know how important the role of committees is in allowing members the opportunity to provide feedback to strengthen legislation from the government of the day to make it better, more flexible, more efficient and more reflective of industry and stakeholders. “Better is always possible” is what we say at committee. I know all my hon. colleagues do a wonderful job in providing feedback and bringing their views to the legislation that is a brought forth, and that will include Bill C-11.

Once the direction is published, all stakeholders, including members of the public, will have an opportunity to provide additional feedback. A summary of their feedback will be published prior to the issuance of the final direction.

I listened intently to some of my hon. colleagues from the official opposition prior to my opportunity to rise and speak. I listened intently to some conspiracy theories, if I can use that term, being bandied about by some of the official opposition members, and I encourage them to submit this feedback into this feedback loop. A summary of their feedback could be taken in and published. If they would like to say that, it would be great, because I am still scratching my head about where with some of the stuff that is spouted forth comes from. I will try to understand it even better, but I am just not sure if I can.

The policy direction will provide the CRTC with the guidance to move forward quickly on the implementation of the new legislation and may even provide direction on the timelines for implementation of key elements of the regime.

I really need to speak to this point, because inherent in this act is obviously a policy direction or directive that would guide the CRTC in moving forward. The feedback mechanism would be in place to ensure that the online streaming act and the amendments to the Broadcasting Act really hit the nail perfectly and get that right. We are getting this right. We are moving in the right way.

We have listened to concerns of Canadians, we have listened to concerns of stakeholders, and we have listened to the feedback from stakeholders. That is what the right thing to do is as a government. It is to listen, to sit down and to talk to all viewpoints within industry, whether it is directed by ourselves or by the consumers, and we know that changes have to be made. I go back to 1991, the last time changes were brought forward, and I think of how the world has changed since 1991 for all of us, and hopefully in a positive manner.

In my humble conclusion, I want to repeat that the online streaming act would work to ensure that no matter how Canadians access their content, they should be able to see themselves in stories and songs that reflect their experience and their communities. When I think about that, I ask what it is to be Canadian today, as we all come from various backgrounds and various parts of this country. With the cultural content we consume, we need to obviously take a step back and always think about what Canadian content is and how we provide for it and finance it and assist it. We know other countries around the world assist their cultural industries, and the tourism side as well, to a great degree.

Whether it is Spotify, Crave, Disney+, Amazon Prime or Netflix, I think we pay for all of them in my household. We know there has to be a contribution here for the benefit of Canadian content. We know how valuable Canadian content is and we need Canadian content creators to have the opportunity to make sure the stories and histories that everyday Canadians see and hear are told. That is so important.

Before I finish up, I will say that members can rest assured of our commitment to carry out consistent and thorough consultations with everyone who has a stake in the implementation of this bill, including members of the official opposition, whom I have been reading some very interesting things about these days. This commitment will extend to the implementation and the subsequent policy direction to the CRTC.

I wish to thank members for their ears today and for hearing my thoughts on Bill C-11. I would like to say that this is part of our government's record of moving forward on a number of initiatives. That is what governments are elected to do, and it was great to see the national early learning and day care plan come to fruition yesterday. Today it is the emissions reductions plan, which is substantive, and today we are also debating Bill C-11, the modernization of our Broadcasting Act, and bringing over-the-top or online platforms into the modern age here in Canada.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Madam Speaker, before I begin talking about Bill C-11, I note that it is a great day today because we learned the date the Deputy Prime Minister and Minister of Finance will be be delivering the budget to the House, which is April 7. I look forward to the next steps in moving our country forward. Not only have we recovered all the jobs we lost and created more than we had prepandemic, but our economy is actually larger than it was prepandemic. We will continue doing what is right for Canadians, not only those lovely Canadians who live in my riding of Vaughan—Woodbridge, but Canadians from coast to coast to coast.

It is always great to rise in the House, and it is a privilege and honour to serve the residents of Vaughan—Woodbridge. It is also great to see a government that is delivering for Canadians, not only here in Bill C-11, the online streaming act, but also with the environment minister, jointly with the Prime Minister, unveiling the emissions reductions plan, in beautiful Vancouver on the west coast, for how we will meet our targets to reduce greenhouse gas emissions and how we will get to net zero by 2050. I encourage all parties to look at that because it has something to do with the agenda, much like Bill C-11, the online streaming act, is a part of that agenda.

It is also much like yesterday when, joined by the Progressive Conservative Party of Ontario, our government brought forward a national day care and early learning child care plan. I think that is something to be celebrated. I know that when we enrol my youngest daughter, Leia, in day care in October, we will benefit from it personally. That is real change. That is what we call a promise made, a promise kept.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, I am proud to rise on behalf of the constituents of the beautiful riding of Renfrew—Nipissing—Pembroke who value freedom and diversity of thought.

Recently, there has been an outbreak of diversity of thought among my Liberal colleagues. I know that can be scary for some of them. To reassure them, I will heed the call to unity and try to lower the temperature on this very important debate about Bill C-11, which is the online streaming act.

This may disappoint my biggest fan, the member for Winnipeg North, but he will be delighted to learn that I have saved a special section just for him. When a similar bill was first introduced last Parliament, I went on my Facebook Live show, The GNN, and described it as a serious threat to freedom of expression. I stood in the House and described it as a serious threat to freedom of expression.

The media, to be fair, and much of the public shrugged off these concerns. As outlined in my first speech, this bill would have little effect on popular mainstream expression, other than to make it more expensive. The threat to freedom of expression with this bill comes from the impact it would have on smaller, less popular minority expressions. It was only when the government members of the committee, in a coalition with the NDP and the Bloc, removed the legislated safeguards on user-generated content that everyone online became aware of the threat this legislation posed.

Fundamentally, Canadians understand that if the government has the power to regulate, promote or demote their online expression, then that expression is no longer free.

My Liberal colleagues will raise a hue and cry, and claim the Prime Minister does not want to censor Canadians' cat videos. That is true. The Prime Minister does not want to censor cat videos; he wants to tax them. The Prime Minister wants to tax Canadian and foreign artists not covered by the current Broadcasting Act. He wants to tax them and give that money to the powerful media and cultural lobbies. Of course, arts groups that profit off this bill support it. It is the artists who do not have a powerful lobby organization who pay this new CanCon levy.

This legislation proposes to take money from digital artists and redistribute it to the government's preferred analog artists. This is just as the government takes income tax dollars from new media journalists and gives them back to the horse-and-buggy media.

The government really wants to tax Netflix, but does not say it wants to tax Netflix. In order to pull off this tax without saying “tax policy”, the government is changing the very meaning of broadcasting. This takes us to the heart of the problem. The Broadcasting Act, by its very nature, places restrictions on Canadians' right to freedom of expression.

I want to repeat this in order to be absolutely clear. The Broadcasting Act is designed to limit and regulate freedom of expression. The reason it has not been struck down for violating the charter is because those limits are reasonable.

My constituents know I will defend their freedom no matter what, but they understand there can be reasonable limits. The Broadcasting Act is an example of this. It places limits on Canadians' freedom to broadcast their expression. The reason for this is the technology. If all Canadians with electricity and an antenna were able to broadcast their individual expression on whichever electromagnetic frequency they chose, everyone would cancel one another out and no one would be heard.

By the nature of the technology, the freedom of one person to use a particular frequency impacts the freedom of everybody else to use that frequency. Broadcasting technology, by its nature, requires broadcasting regulation. Without broadcasting technology using limited public air waves, the federal government has no legal right to regulate the content that carries expression from Canadians or to Canadians.

Our predecessors knew that having control of Canadians' expression over public airwaves was something best kept at arm's length from cabinet, so they set up the CRTC. The Broadcasting Act regulates expression. It is baked into the legislation. It is what the CRTC does. Streaming is not broadcasting. The freedom of one Canadian to stream content does not limit the freedom of any other Canadian to stream other content.

As we much appreciate Canadian authors and Canadian painters, we do not legislate the content of book stores or art galleries to promote their expression over foreign expression. It is not because a foreign author or painter has freedom of expression, but it is because Canadians do.

We cannot pass legislation that limits or restricts Canadians' access to artistic expression. We cannot pass legislation to regulate any expression that does not infringe on the rights of other Canadians' expression. If the House proceeds with this fundamentally flawed legislation, it will be infringing on the rights of Canadians. Most Canadians will not notice the infringement beyond paying higher streaming bills. Netflix and Disney can afford to hire Canadian lawyers and lobbyists and have lunch with the chair of the CRTC. They will be fine.

Majority expression in a democracy is rarely threatened. It is the minority expression that suffers. For example, what about the foreign-language streaming services? Take the streaming service TFC, which is based in the Philippines. It streams thousands of movies and televisions show in Tagalog, and TFC accepts Canadian credit cards. The riding of Winnipeg North has 20,000 people who speak Tagalog at home. The member for Winnipeg North may want to be absolutely certain this legislation will not cause the TFC to block the Canadian Internet from accessing its service. TFC may have no choice.

Under this legislation, TFC would need to either produce Tagalog-language movies and shows in Canada or pay into a fund to support English, French or indigenous movies and shows. Netflix is already producing movies and shows here. Netflix can afford to spread its CanCon levy across five million subscribers. Can TFC afford to spread its CanCon levy across 20,000 constituents in Winnipeg North or, more importantly, can the Tagalog community in Winnipeg North afford the CanCon levy?

That CanCon levy has to come from somewhere. It can come out of the pockets of hard-working immigrants in Liberal ridings, or it can come at the expense of writers, actors, musicians, costumers and set designers in the Philippines. How does this possibly sit well with my colleagues across the aisle? It just cannot be the cultural special interest groups, who do a lot more than just sip champagne at galas in order to keep the Liberals in power at election time, so it must be about the money. It always is.

The fact is that the bill would exempt user-generated content unless it makes money. It strongly suggests that it is just a tax grab, with a side order of censorship, but in the interest of promoting listening among parties, I want to acknowledge that for some of my colleagues, in particular those from Quebec, this bill is about protecting Canadian and Québécois culture. Quebec is an island of French in a sea of North American English. In the age of broadcasting, Canadians mostly tolerated CanCon rules as the bargain for protecting Canadian culture. In the age of the Internet, we do not live next door to the United States. We live next door to everyone online. We have to turn our cultural policy inside out. We have to stop protecting our culture from the world and start promoting it to the world.

My colleagues have not noticed that the world wants more Canada, and I am not just talking about the maple leaf flying in the streets of capitals across the world as a symbol of freedom. While Canadians have been binge-watching Lupin and Squid Game, people from Albania to Zimbabwe have been streaming Kim's Convenience and Schitt's Creek. Canadians are expressing themselves. This legislation threatens that expression. That threat falls primarily on minority expression, and it is what the Broadcasting Act does.

This legislation is regressive protectionism. It looks backward and inward. The members opposite still cannot see the risk this bill poses to their constituents before they vote, so they should go out and speak to them; not to the lobbyists or the special interest groups. They should ask their constituents how much they spend each month and what they would be forced to give up if the price went up by 10% or 20%.

I plan to vote against Bill C-11, because I have listened to what my constituents are saying. I hope my Liberal colleagues will listen to the minority-language voices in their ridings, because they have just as much right to expression in their language as they do.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Madam Speaker, I would like to know whether my colleague feels the same way she did when we were studying the previous version of this bill, which she said was designed to help artists that are stuck in the early 1990s because they have not managed to be competitive on new platforms.

I have already mentioned this here, but two days ago, Patrice Vermette, a Quebecker from my riding, won an Oscar for production design for his work on Dune. Denis Villeneuve directed the film, which won six Oscars. There is also Xavier Dolan, a Quebecker who is at Cannes almost every year. The Cirque du Soleil is from Quebec.

There are thousands of artists who represent Canada and Quebec and captivate audiences all over the world. These are the people that Bill C‑11 is designed to protect.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, I will be splitting my time with the member for Renfrew—Nipissing—Pembroke.

History seems to be repeating itself. Canadians will recall, but here we are again. Having debated Bill C-10 last spring, we are now debating its replacement, Bill C-11. The new heritage minister will try to tell Canadians that he has fixed the problems that existed in the former legislation. However, this is an extremely misleading statement.

My time is short, so I am going to cut to the chase. The government claims that the bill is about support for Canadian culture and levelling the playing field. I would like to see Canadian culture promoted and celebrated, so let us explore that for a moment.

I have two questions. First, is the bill about meeting Canadians where they are at in the 21st century and celebrating the amazing work being done by digital first creators to produce Canadian content and enhance culture in their very own unique way, or is the bill about the government imposing its definition of Canadian content in order to fulfill a government-driven agenda? Second, will the bill truly level the playing field, or will it be used as a cash grab in which those who have worked hard to expand their viewership and generate revenue are forced to subsidize the traditional media industry, which is producing content for which there is little to no demand? I realize that these questions make the government uncomfortable, but they must be asked in order to understand this legislation.

My grandparents were not required to subsidize horse and buggies when cars became an alternative. Society moved forward in an innovative way, because it just made sense.

In effect, Bill C-11 would put in place an Internet czar, the CRTC, which will govern how easily creators, those who post, are able to make their content accessible online to those of us who view it. In other words, it would impact what Canadians can and cannot access. It would be an act of censorship.

The Internet is a vast, infinite and magical space where all Canadians, no matter their background, are able to post and engage. In the new public square where we engage with one another, we do it through writing, audio and visual arts. For many Canadians, socializing online is the new norm. If passed, Bill C-11 will thwart our freedom in this new space.

Again, the minister will try to tell us that all the problems have been fixed. He will point to convoluted parts of the bill in order to try to prove his point, but here is the thing: If the minister is telling the truth and has nothing to hide, why is the bill not crystal clear? Why is the Liberal government choosing to use muddy language by placing exceptions within exceptions in order to confuse people?

There are many flaws in Bill C-11, but I will focus on three of them today: the first is the overabundance of power that it would place in the hands of the CRTC, otherwise known as the “Internet czar”; the second is its negative impact on creators; and the third is how it negatively impacts viewers.

If passed, the bill will give the Internet czar, the CRTC, almost unlimited power in order to regulate the Internet. Talk about an attack on freedom. The CRTC could have been given very specific, very narrow guidelines, but the government chose to give it free rein to amend, to exempt, to include. The Liberals claim that bringing more government intervention, and this is an interesting one, will boost Canadian culture, but that is not true. I mean, tell me a time in history where more red tape and regulation has increased innovation, incentivized artistic creation and brought about prosperity? Members cannot, because it does not, ever.

Let us talk about creators. One of the biggest complaints that we heard from digital first creators last time was that the bill would regulate their content online. Members can think of TikTok, Snapchat, Twitch, podcasts, YouTube and, yes, even cat videos. Now, the minister will claim once again that he fixed it by adding section 4.1(1) back into the bill, but the problem is that section 4.1(1) is immediately followed by subsection 4.1(2), which creates exceptions that nullify 4.1(1). It is pretzel logic. It is confusing and purposefully muddy.

Michael Geist is a law professor at the University of Ottawa where he holds the Canada research chair in Internet and e-commerce law. He seems qualified. He has pointed out that, under the act, digital first creators can be described as broadcasters and therefore forced to comply with the CRTC regulations.

In other words, essentially any audiovisual material could be brought under the scope of this bill, not just large streaming platforms, but even individuals who use music. The member opposite actually even clarified this earlier in her own speech.

This means that TikTok videos, which essentially always use music, and YouTube videos, which mostly use music, will in fact be captured under this legislation. This means creators, right off the top of their revenue, will have to pay 30% into an art fund. They have to pay in, but they do not get to pull out.

It also means that the content of digital first creators will be assessed based on how Canadian it is. The CRTC, the Internet czar, will of course make the conclusion. That material will then be promoted or demoted accordingly. The minister will try to tell Canadians that what I am saying is not true, that only big companies, such as Netflix and Disney, will be caught by this legislation, but if that is the case, I would again ask the government to clarify that and to say it outright. It does not. The bill does not. It is purposefully muddy.

Let me talk about the negative impact that the bill will have on viewers, members, me and Canadians. Imagine going on YouTube to look for videos on Black voices but being shown instead a bunch of videos on hockey in Canada, having never searched for hockey before, and all of a sudden those are the videos that are being fed to you. That would be extremely frustrating.

What we are talking about here is discoverability. It is the use of algorithms to make some content accessible and other content not. It bumps it up or down. Sometimes it can be found on page 1. Sometimes it is found on page 53. Currently YouTube carries material based on a person's individual preference. It bumps it to the top of the page if a person likes it, if maybe they have watched similar videos in the past.

This legislation would force content, so-called Canadian content, in front of the eyeballs of Canadians at the expense of showing them the content they actually really want. It totally disrespects and disregards Canadians' freedom, choice and desire to watch certain things over others, all because the government has an agenda.

Canadians know what they like. They know what they want to watch. That desire, that free will, should be respected. I have not even addressed the problem with the definition of CanCon, which is absolutely ludicrous. Let us talk about that for a moment. CanCon, or Canadian content, is that content that the government would actually be putting at the top of the page.

A bilingual Canadian sitting in his Montreal condo producing YouTube videos about maple syrup and hockey, all while using the Canadian national anthem in the background of his video, would still not get counted as Canadian content. Can members imagine that? In fact, based on the definition of CanCon, the only ones who will receive the government's stamp of approval are members of the traditional media.

The CRTC will define who is in and who is out, who gets noticed and who does not, who gets to be on page one and who has to get bumped to page 53. An individual's preferences are inconsequential, and the government would now decide.

In Canada, we are punching above our weight in what creators are able to produce. It is absolutely jaw-dropping. They literally share their talent with the world. It is incredible. Lilly Singh, a famous YouTuber, has pointed out, “creators who have built their careers on the Internet need to be consulted on these decisions.” She went on to say, “In trying to do what seems like a good thing - highlighting great Canadian-made content - you can unintentionally destroy a thriving creative ecosystem.”

Morghan Fortier of Skyship Entertainment is so eloquent when he put it this way, “In Canada, digital content creators have built a successful thriving industry on platforms such as YouTube, TikTok and others that export a huge amount of Canadian content to the rest of the world.... They've done this through their entrepreneurial spirit, their hard work and largely without government interference or assistance.

“This achievement should be supported, celebrated and encouraged.”

Bill C-11 is presented as a means to support the future of the broadcast industry, but it completely ignores the global reach of Canada's digital success stories in favour of an antiquated regionalized broadcast model.

Bill C-11 is a direct attack on digital first creators. It is a direct attack on our choice as viewers. It is actually a direct attack on the advancement of arts and culture in Canada in the 21st century. The bill needs to die 1,000 deaths.

The House resumed consideration of the motion that Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I appreciated the speech from my colleague, with whom I serve on the Standing Committee on Canadian Heritage.

Bill C‑11 corrects a concern that was raised during the study of Bill C‑10, the predecessor of Bill C‑11, which was dropped in the previous Parliament.

Bill C‑11 clearly states that the CRTC will not be able to use algorithms to verify whether digital platforms are meeting the objectives set out in the Broadcasting Act.

I have a question for my colleague. If it turns out that algorithms are the only way to verify whether the objectives are being met, what might the solution be? How will we ensure that the platforms are meeting discoverability and other objectives?

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, the individual across the way made mention in her speech that through Bill C-11, money will be taken from broadcasters and put into an art fund, and artists will then be able to pull from that art fund in order to generate more “Canadian content”.

She said this is an investment in broadcasting of Canadian material. When I look at YouTube, TikTok, Twitch or Snapchat, I see some incredible up-and-coming Canadian artists. We call them digital-first creators, and they will be captured under this piece of legislation. There is good potential that 30% of their revenue will have to be contributed to this art fund.

Can the hon. member help me and those digital creators understand whether they would have the opportunity to also pull from that fund by applying for grants from it, in the same way that they are paying into it?

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I can see that some of my colleagues on the other side of the House still have some things to say.

I thank and commend my colleague from the Standing Committee on Canadian Heritage for his speech.

I completely agree with him. Quebec and Canada have had some massive success stories precisely because our broadcasting system promotes content created by Quebeckers and Canadians. Many artists have enjoyed successful careers in Quebec, in Canada and abroad because of the CRTC's broadcasting rules.

There are a lot of benefits, but there are also some pitfalls. One such pitfall that we hear about quite a bit is regulation of social media, and I think this aspect has been adequately addressed in Bill C‑11. The Minister of Canadian Heritage clearly stated that he did not want to regulate content generated by users, by the private individuals who use platforms like YouTube, TikTok and so on. These creators have, however, expressed some concerns about the wording of this bill in its current form.

Does my colleague think that we could review the wording of Bill C‑11 to satisfy and reassure these creators, who are becoming more and more of a presence in our broadcasting system?