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

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

Madam Speaker, the notion of “fair share”, of paying one's fair share of taxes and contributing one's fair share of Canadian content, can be found throughout Bill C‑11.

How will the government ensure, with Bill C‑11, that the web giants will not be the ones deciding what is considered a fair share?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, I like the question asked by the member for Trois-Rivières. I learned a great deal of French in that city 30 years ago.

I want to point out that this is not just about regulating web giants, but also about spelling out the type or number of regulations that will govern them and the amounts they will have to pay.

Our strategy is not to have a laissez-faire system or a context where the companies decide. We are the ones who are going to decide how to regulate the companies and how much they are going to pay. The same approach will be used for taxation.

As for the next steps, we will continue the fight against hate and fear, which are also a major issue in the digital world.

[Lori Idlout, NDP, Nunavut, NU]

Qujannamiik, Uqaqtittiji. The Nunavut Film Development Corporation noted an array of challenges to Nunavut's competitiveness in the industry, such as an absence of tax credits, bandwidth challenges, limited program budgets and expensive production in the north.

Can the member speak to how the amendments in Bill C-11 can redress such challenges to better support Inuit, first nations and Métis cultural creators?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, I think that is a critical question. When we carve out the promotion of indigenous culture and particularly indigenous languages in the legislation, which has explicitly been done, we create an opening to address the exact problem the member has highlighted.

We know that we need more indigenous voices and indigenous content online. We also know that supporting this sometimes costs more money. However, having the legislation crafted as it is right now, with that specific exception and specific prioritization, allows us the opportunity to dedicate some of the funds coming in from the Amazon Prime's of the world specifically to the promotion of Inuktitut and about 90 other indigenous languages in this country.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I will keep it brief. The hon. parliamentary secretary touched on this. We have become increasingly alarmed by disinformation sites and, of course, as we are horrified by Russia's aggression against Ukraine, we realize that Russian disinformation was authorized by the CRTC. I think we were outraged to find that Russia Today was being broadcast to millions of Canadians.

To my hon. colleague, this is not within Bill C-11, but can we be sure that this sort of disinformation will never be licensed again?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, believe me, I share the member's concerns about Russia Today and Sputnik. I will be very candid with her in saying that we have an issue and have raised it with the CRTC. It is ultimately the independent regulator, but I am very confident and pleased by the fact that Bell, Rogers and Telus have all committed to removing Russia Today from access in Canada.

[Jake Stewart, Conservative, Miramichi—Grand Lake, NB]

Madam Speaker, I am very excited to speak to the bill today.

In the last couple of minutes, I heard the words “misinformation” and “disinformation”. In our own society, it seems like information put out there by the woke society is good information, but if somebody has a difference of opinion, it is horrible information.

I want to give an example from my own province of New Brunswick, where this is prevalent. When I was an MLA from 2010 to just last summer, there were two major projects in New Brunswick. One was the Energy East pipeline and the other was a natural gas project. At the time, natural gas did not get widespread support and it ended badly: We never developed the industry. With the Energy East pipeline, we could not get support from the Province of Quebec at the time, for whatever reason, and that project did not happen either.

If we look at what is happening around the world today, it would be misinformation to tell Canadians, particularly New Brunswickers, that those two projects were not worthy. We can see what is happening in the world today, and if we look at the energy sector around the world, New Brunswick is very well positioned in its gas industry to have a pipeline sent from Alberta to both New Brunswick and Montreal. These would have been very good projects. However, we are not going to hear that from the Liberal Party of Canada. We are also not going to hear it from the Green Party of Canada. We cannot have it both ways.

What do we see here today? The Charter of Rights and Freedoms is at stake. I am not a lawyer, so I will speak about this in general terms that are understandable. Subsection 2(b) of our Charter of Rights and Freedoms says:

freedom of thought, belief, opinion and expression...freedom of the press and other media of communication

This subsection guarantees us all the liberty to express ourselves without reserve or coercion from the state. That is a core principle of our constitutional heritage in this country. Although it was embedded in the charter in 1982 by the Prime Minister's own father, it goes back hundreds of years through the English liberty this parliamentary system transmitted from one generation to the next. As Sir Winston Churchill said, “Everyone is in favour of free speech. Hardly a day passes without its being extolled, but some people's idea of it is that they are free to say what they like, but if anyone says anything back, that is an outrage.”

We see that in this country. I understand the precedent of a war and how that is the biggest issue of our time, but in this country, all too often the woke community can go out and spew what it likes, drive it down everybody's throat and then try to compare us to American politicians, which could not be any further from the truth. That is an example of misinformation and disinformation.

This bill seeks to take away that right and those freedoms. Do not take my word for it. I can quote directly from one of at least two former commissioners of the regulatory body that would be empowered under this bill to control Internet content. Peter Menzies described the bill as an assault on freedom of expression. Another former CRTC member explained that it would allow political appointees to determine what we see and what we say on the Internet. Senator and great writer David Adams Richards, from my home community of Miramichi, said something along the lines of it being like a knife through the heart of the freedom of expression we enjoy in this country. These are quality names and very well known individuals who have some very strong points on this topic.

I forgot to mention that I am splitting my time with the member of Parliament for Haldimand—Norfolk.

There is a lot we do not know about this bill because numerous of its amendments were voted on before they were even made public to the committee. The Liberals want a series of bureaucrats, unnamed, unelected and unknown, to decide what Canadian content is heard and not heard.

I will give the example of mainstream media. Mainstream Canadian media often runs American political content without Canadian content. It gives a strangely outward and seriously biased opinion on the content and feeds it to the Canadian public without any local content, and it includes its opinion each and every time. However, we pay for this as Canadian taxpayers. Long gone are the days when media put out the facts and let the public decide what was right, what was wrong, what was Liberal, what was Conservative. The public used to determine these things of their own accord. As a country, we got along better then, and we need to somehow get back to that.

Another example is a community association in a Canadian neighbourhood telling us about local food drives. It is in a Canadian neighbourhood, it has a Canadian author, it has a Canadian story, it is a Canadian initiative in a Canadian city and it is read almost exclusively by Canadian readers, yet it would not be considered, presumably, Canadian content and therefore would be demoted.

That is just the daily pedestrian content we get online. What about the more conscientious stuff? The government is going to decide what kinds of political views are Canadian. Of course, endorsing the Prime Minister's left-wing agenda and his ideology will be a prerequisite of Canadiana. We can be sure of that. Liberal Party members have effectively been saying for generations that they and only they represent Canadian values and, therefore, that only the values they espouse would be considered Canadian for the purpose of this act alone.

Not only can the Liberals not tell us what content would be acceptable and what would not, but they cannot tell us who would be subjected to the bill. Originally, they had an explicit exemption for users, the everyday Joe and Jane who post stuff online. It is called user-generated content. The justice department said not to worry, that the bill would not affect any of them because there is a very specific exemption that excludes them. However, the Liberals showed up at committee and, all of a sudden and just like that, here we go again. It is another example of a government that cannot be trusted.

What is the issue here? The Liberal government has introduced Bill C-11, formerly Bill C-10. Last year, the Liberals passed Bill C-10 in the House of Commons without allowing a full debate at the heritage committee to address many outstanding concerns from experts and parliamentarians on how that legislation would affect Canadian rights and freedoms on the Internet. Canada's Conservatives support creating a level playing field between large foreign streaming services and Canadian broadcasters while protecting the individual rights and freedoms of all Canadians. Canada is home to many world-class writers, actors, composers, musicians, artists and creators. Creators need rules that do not hold back their ability to be Canadian and have global successes. Earlier I gave an example of Senator David Adams Richards, a well-renowned writer from Miramichi.

This bill is a near copy of the Liberals' deeply flawed Bill C-10, and it fails to address the serious concerns raised by experts and Canadians. While the government claims there is now an exemption for user-generated content, the legislation would allow the CRTC to regulate any content that generates revenue directly. People need to be free to see anything that is available so they can make their own decisions for themselves, a liberty we have in this country, on what is important, what is right, what is wrong, what is just and unjust and what the facts are.

Now more than ever, Canadians need to know that their freedom is their own, that it does not belong to politicians, bureaucrats and judges, that it belongs to each of us and that on this founding principle, people can feel free. Freedom is paramount. It is the one liberty we all want and need, and each of us is prepared to fight for it, especially those in the Conservative Party of Canada.

[Yvan Baker, Liberal, Etobicoke Centre, ON]

Madam Speaker, in his remarks, the member alluded to a discussion that was being had around RT, Russia Today, and misinformation. I heard the member suggest that the Liberal government considers misinformation to be only things it does not agree with or does not like. I am wondering if the member could clarify for me if that is indeed what he said and if he does agree that Russia Today is full of misinformation about the war in Ukraine.

[Jake Stewart, Conservative, Miramichi—Grand Lake, NB]

Madam Speaker, everybody knows the propaganda system that comes out of Russia. That was not part of my speech. I do not disagree that it is full of propaganda.

My point is that every time the Liberal government brings a bill forward, every single time, it borders on a Communist-type policy. It borders on it every single time. The Liberals are trying to take away what we can see online, what we can read online, where we can shop and who can advertise to sell us something online. It is clear that the government does not want the people of Canada to think for themselves about their own content.

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

Madam Speaker, I thank my colleague from Miramichi—Grand Lake for his speech.

I am a little concerned about my colleague's perception of freedom of expression. I do not believe that freedom of expression is restricted on traditional radio or television. However, I would like my colleague to put himself in the shoes of a creator who has spent the last year or year and a half creating, composing music, putting together shows and paying a director and musicians. This creator puts on a great show after the pandemic. There are people in the room who film the show with their phones and then upload it to social networks and YouTube. The creator invested their own time, paid musicians, paid all kinds of people, but everyone is going to watch the show for free.

How could the member tolerate that? It would be like opening the creator's wallet and taking out their money. I would like the member to understand the significance of this issue. It would be tantamount to stealing money from the creator's pocket.

[Jake Stewart, Conservative, Miramichi—Grand Lake, NB]

Madam Speaker, I understand that issue very well. I was in smoke-filled bars from the age of 17 until 30 years old. I was a singer in a band, and I travelled all over the place. I remember writing an album and having to worry about that very thing. We would go to a bar when cellphones were just starting to be a thing, and somebody would make a recording that was not asked for. Then maybe that song, which had not been released yet, would end up on Facebook. I understand the issue very well. I do sympathize. That is an issue that happens very often in our society.

However, I think the issue here today is that, with each new bill brought into the House of Commons by the Liberal government, there is a freedom that is being taken from us, every single time.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, I need some clarification. We know that, in digital media, royalties paid to Canadian creators are three times lower than those to traditional media producers. I look at this bill and it seems that it would make the discoverability of Canadian content producers so much higher, which would really provide opportunities.

Does the member have a solution, if he thinks that this would not work?

[Jake Stewart, Conservative, Miramichi—Grand Lake, NB]

Madam Speaker, that is a very good question. Part of the thing for an artist and a creator is to take control of their work. They have to have the copyright for their work before they put it out. There is always a danger when they are performing live. Especially with music, there is a great danger. I appreciate the question. I do not think this bill is solving that issue. I think it is infringing on our freedoms.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

Madam Speaker, social media platforms and Internet search engines are the main source of news and information for the majority of Canadians. Canadians rely on online sources, not just for information but to share their unfiltered stories and their creative expressions.

The Internet is a powerful resource. It has made presidents, prime ministers and even celebrities. The immense power of the Internet can be used as a shield or as a sword. As a shield, it is an opportunity for the average person to participate in the media and to be able to showcase their talents without going through big broadcasting networks. As a sword, it can be used as a form of control and a limitation on free speech.

Woe onto us if the Internet falls under the control and the force of a government that will use it to divide, demonize and control. We have seen that authoritarian governments have gone so far as to systemically censor and limit thought, free speech and freedom of the press by using the Internet. While we want to trust our governments, unfortunately we have seen that the Liberal government has a not-so-subtle agenda of controlling and overreaching.

As lawmakers, we must resist the desire to distrust and unduly control Canadians in a free and democratic society. We must also resist any government initiatives to try to mould Canadians' opinions and preferences by limiting their online options and opportunities. Neither the Liberals nor any government regardless of their political stripe can be trusted to be neutral referees of what is preferred speech and preferred content.

The Prime Minister's response to one of the biggest protests of our time is evidence of this. We saw that our Prime Minister refused to listen to the legitimate concerns of fellow Canadians, even when those who trucked from clear across the country came to just have a conversation, choosing instead to label them as racist, misogynist, anti-science people with unacceptable views. This was done in order to silence and cancel their voices.

A Prime Minister who can hardly tolerate differences of opinion within his own cabinet and party cannot be trusted to respect the different opinions and preferences of Canadians. Freedom and the opportunity to share information and content must be protected and primarily it must be protected from government and from governmental interference.

Bill C-11, the online streaming act, would open the doors to government control of Canadians through their Internet activity and speech. We have heard the concerns about the government in the last iteration of the bill. Unfortunately, the same concerns remain with the current bill. The hon. minister has stated that the intent is to level the playing field for Canadian creators and producers. It is argued that Bill C-11 would make it easier for Canadians to access Canadian content. While this objective is noble, unfortunately this legislation continues to be fundamentally flawed just as the previous bill was.

Primarily it gives the Canadian Radio-television and Telecommunications Commission the power to control what Canadians can and cannot access and view. As a result, the government inevitably can begin to drift into the authoritarian territory, tempted to block, hide and promote certain content. Under the new bill, as we scroll through the latest videos on YouTube or do Google searches, the government's algorithms will decide what pops up in our search. This is an attempt to control and censor any content the government finds inconvenient or un-Canadian.

In effect, the government would control what we see when we search for a video on YouTube or conduct a search on Google. By so doing, the government would be picking winners and losers by predetermining which content creators are worthy of viewing and hiding content the government thinks Canadians should not see.

More nefariously, this legislation could be used to control and limit speech and opinions that differ from those in power. I believe the far-reaching impact of this bill is potentially more dangerous than we can ever imagine. When it comes down to it, the problem with this legislation is that it leaves the impression that Canadians cannot be trusted with their online choices. The Liberals do not think that Canadian creators can thrive without their meddling.

The reality is that Canada has produced a tremendous amount of art and talent to share with the world. They do extremely well when compared with their global counterparts on platforms such as YouTube. This means that before the Liberals started meddling with regulating the Internet, many Canadians had already had successful media careers online without government oversight.

Also, what is very problematic with this bill is the lack of clarity around the definition of what constitutes Canadian content. In addition, because of the stringent Canadian content requirements, many new emerging artists would not be considered Canadian enough to be protected and promoted under Bill C-11. These requirements would also adversely impact minority communities in Canada who rely on cultural content from their home country. Canadians may be blocked from accessing ethnic streaming service providers who chose to opt out of Canadian markets rather than pay the high costs and enter into the red tape.

As parliamentarians, we need to know exactly how this bill will be applied before it is enacted. The regulatory decisions should not be left up to the CRTC.

I want to raise another point that is related to this topic and one that many Canadians are greatly disturbed by. Last year, MPs of all parties were horrified to learn of the abuse being facilitated by MindGeek, which has a corporate presence right here in Canada. We were encouraged to see members of Parliament from all parties, including many of our colleagues across the aisle, question why a company should make billions off of broadcasting the abuse of others. However, here we are now, talking about making the Internet safer and more friendly for Canadians and better for children and our focus is on whether someone is generating revenue from TikTok and how the CRTC can make them pay into the system.

Is this bill all about money, controlling what Canadians think and manufacturing groupthink? Where is the decisive action to address the broadcasting of sexual violence? Where is the urgency to protect vulnerable girls, women, boys and men in society? If we are talking about making the Internet safer for our kids, maybe worry a little less about what Netflix is airing and more about why a giant company has been profiting from broadcasting sex-trafficked girls. What is the priority of this bill? Should we not be more worried about our children's access to sexual violence instead of worrying about whether the content is made in Canada?

In closing, in many ways this bill is an attack on free speech. It is an attempt to control what Canadians say and watch online, and it shows that the government has its priorities all wrong.

I would call upon my colleagues to rethink this bill and to work together to truly make Canada a safer and freer country.

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

Madam Speaker, my question to the member is with respect to the importance of Canadian culture and why it is that the Conservative Party has made the determination that it is not worthwhile for us to protect, encourage, promote and provide additional support for our arts community from coast to coast, which is, from my perspective and, I believe, the vast majority of Canadians' perspective, a positive thing. It is not only important to recognize it but there is also a need to protect it.

Does the member or the Conservative Party not recognize the need to protect our culture and heritage and arts industries?