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

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, it will come as no surprise if I begin my speech by saying that standing up for Quebec culture is at the heart of the Bloc Québécois's mission. It is the focus of every MP sitting with me who belongs to our party. Our culture, our history and the French language, the only official language of Quebec, make us stand out in the broader North American communications landscape.

It was therefore natural that the Bloc Québécois should work to improve Bill C‑10 in the previous Parliament. We were very disappointed that it fell by the wayside when the election was called, but I am pleased that it was re-introduced in its new iteration as Bill C-11. These provisions are important to us. Several recommendations that our party made in committee were favourably received by the government before the bill was re-introduced. We salute this spirit of co-operation.

Broadcasting legislation has not been touched since 1991, so updating this legislation now is not repressive, nor will it jeopardize any freedoms. Legislation is undoubtedly the most effective way to ensure that there is more equity when it comes to accessing and broadcasting Quebec and Canadian productions. Essentially, this is a way to spotlight Quebec, Canadian, indigenous, regional and other identities.

Quebec's and Canada's cultural communities have been waiting for decades for the government to update this legislation. The clock is ticking. The first thing the cultural sector called for was for Parliament to adopt the bill as quickly as possible. I was set to give my speech in February. The Yale report was released two years ago. Things are certainly not moving quickly.

The Bloc Québécois has what I would consider an objective view of the 21st century. I often talk about environmental issues. Our positions are based on following the science, taking bold action, implementing strong legislation and so on. Our position on cultural matters is similar, in the sense that we will listen to what sector stakeholders tell us. We need to keep up with the times. The new 21st-century platforms have changed how we interact with the cultural sector as a whole. We therefore need to take bold action and implement strong legislation.

Whichever way we look at our culture and its distinctive colour, which is sometimes loud, sometimes muted, this aspect of our existence in society needs to be viewed through the prism of its fragility. Fragility, not weakness.

Given the startling evolution of information and communication technologies, only someone who is willfully blind could deny the influences of our neighbours to the south. I said influences, but I sometimes feel like calling them imperialist effects. The questions that came up during the study of this bill would never be asked in the United States. The big U.S. conglomerates and other broadcasting platforms with global reach and territory are not so concerned about fragile cultures like ours, which we would like to be protected.

Cultural sovereignty is not an abstract concept. It should never be trivialized. Let us remember part of a speech by my fellow member for Longueuil—Saint-Hubert on the importance of this bill:

Such is the risk of a people becoming nothing more than one demographic among many. A culture, especially a minority culture like ours, is a precious and delicate garden that could be swept away and destroyed by the fierce winds of technological globalization. If that happens, the world would lose our unique and irreplaceable colour from its spectrum. That would be a tragedy for the entire world, because when a culture dies, it is a loss for all of humanity.

That would be infinitely sad.

Imagine taking a trip, hoping to explore new horizons, learn new things and get better acquainted with a culture, only to wind up hearing the same music everywhere, seeing the same values and the same social mores. That would be really horrible. That is precisely why this law is needed, so that we can continue to produce our stories, convey our realities in music or on screen, and, above all, promote them around the world. If this possibility disappears, an entire culture will suffer the consequences.

Culture is the heart of a nation. When culture is eroded, the nation is affected. Quebec is a nation, Canada is a nation, and our first nations, Métis and Inuit communities are nations.

Does anyone here really want to see all that disappear?

Content producers want to see this bill passed. The growing cultural sector in Quebec enthusiastically supports the Bloc’s requests, which seek to enhance the bill.

The Liberals, the NDP and the Bloc supported Bill C-10 and made an effort to improve it during the session, but the Conservatives were against the bill from the start.

The Conservative Party wants the government to intervene as little as possible, and it sees privacy issues everywhere. That is why there has been a major smear campaign. They tried to find all sorts of flaws in the bill, but they were often grasping at straws. The Conservatives used a whole lot of parliamentary manoeuvres to slow down the process. The same thing happened in committee, in both the House and the Senate, despite the fact that the Department of Justice did a legal analysis that stated that there was no impact on freedom of expression. I hope that people believe in the department.

The Conservatives, short on arguments, went even lower.

The hon. member for Lethbridge talked about Quebec culture as being outdated. That hurt us, heart and soul. We do not necessarily want to listen to American hip hop or Nashville's top 10 country pop hits.

Of course, Bill C-11 is garnering considerable interest because all Canadian cultural sectors will benefit from this legislative review. The objective of the new bill is substantially the same. Indeed, Bill C-11 has the same objective as Bill C-10, namely to subject web giants to the Broadcasting Act by forcing them to contribute financially to the creation and discoverability of Canadian cultural content.

Why would we stand idly by and do nothing about what is happening right now?

The major broadcasters and their web giant partners will have to respond to the Canadian government’s legislative expectations. I am thinking about Netflix, Apple TV+, Disney+, Amazon Prime Video and music streaming services like Spotify, YouTube Music and Apple Music.

Our American neighbours sometimes have a chuckle about Canadian culture. They joke about the RCMP’s uniforms, the way we say “eh?” and even poutine and Tim Hortons. They find it all a bit ridiculous. I will bet that the elected members that are fighting the bill tooth and nail do not really see a difference between Canadian and American artistic content. We do see a difference. If we asked these same elected members about Canadian content from emerging artists, they would be surprised to hear that these same artists are in favour of such a law. Once we have clarified the question of the freedom of web users, every Quebec and Canadian cultural sector will benefit.

Under the new version of the bill, creators, users and influencers are exempt from the law. Perhaps this was not clear in Bill C-10, but it is in Bill C-11. Canadian and Quebec artistic talent has merit. Just because the dominant language in the rest of Canada is English does not mean that we should bend over backwards and make concessions that go against our cultural identity.

To conclude, I will say that being mindful of the identity of peoples and their ways of expressing their culture and sense of belonging is in no way trivial or irrelevant.

This is what the Bloc Québécois wants to know: Are we going to govern our digital economy according to our own democratically established laws and regulations, or are we going to keep allowing foreign giants like Google and Facebook impose their rules, mores and standards on us?

I would like to believe that it is still possible for all the elected members of the House to listen to reason so that the bill can be unanimously referred to committee for study.

The Bloc Québécois is proud to stand strong and defend our culture.

The House resumed from March 29 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.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I understand my hon. colleague has a birthday coming up next week, so I wish him a very happy birthday between now and the next Thursday question.

On the question with respect to the ministers the member is requesting be present in the committee of the whole, I will be happy to get back to him on that.

With respect to extending sitting hours, I request that the ordinary hour of daily adjournment of the sitting on Wednesday, May 11, be 12 o'clock midnight, pursuant to an order made Monday, May 2. I am learning that this is the member's birthday, so he gets an opportunity to celebrate in this august place.

This afternoon, we will resume second reading debate on Bill C-11 on broadcasting. Tomorrow and Monday, we will be continuing second reading debate of Bill C-19, the budget implementation act. Next Tuesday and Thursday will be opposition days, and we will return to the second reading of Bill C-11 on Wednesday.

Extension of Sitting Hours and Conduct of Extended Proceedings

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

Madam Speaker, it is a pleasure for me to participate in this debate, which I have been following carefully for the past few hours.

Human memory is a curious thing. I am not a psychologist, but I have noticed that humans have a tendency to forget the most painful memories, the difficult and distressing moments of the past, and this can sometimes condemn us to repeat the same mistakes. I think others would agree with me.

At a certain point, people often decide to focus on the positive and forget the negative. When I say “the negative”, I am talking about the crisis we just went through, and are still going through, but it was worse in 2020-21. Life has been completely turned upside down since March 2020, including our personal, family and work lives, and our work in this Parliament, in the House of Commons.

If we go back a bit, we will recall that the House of Commons did not sit for weeks. At the very beginning of the pandemic, it was extremely important to practise social distancing. There were perhaps a few hours once every two weeks where a handful of MPs could come to the House of Commons to adopt measures for Canadians and businesses. Apart from that, we lost a tremendous amount of time before setting up the hybrid Parliament.

Some may say that it is true that we lost time, but they will also accuse us of calling an election and losing even more time. Those who say that are not providing the full picture of what happens in a Parliament with a minority government, which has a very specific dynamic.

If we look at the history of minority governments in Canada, they do not last much more than 18 months. After that, the opposition likes to spin a narrative that the government is not working very well, and it repeats that story out loud day after day during question period. The government then starts to drag its feet for real. The opposition points the finger at the government, claiming that it is not accomplishing anything, that it is getting nowhere and that a new government is needed. That is how it plays out; that is how it has always played out.

I have been an MP under several minority governments, more so than under majority governments. This is the dynamic that usually takes hold, especially after an opposition party elects a new leader and a minority government has been in place for 18 to 24 months. People start thinking about triggering an election.

Our government was operating in a crisis, and it had to go back to voters for a reset, if you will, and a renewed mandate. When the government was elected in 2019, there was no crisis. Later on, it had to implement health measures, and strengthening and extending those measures required a mandate from Canadians. We lost time because of the pandemic, and we were unable to move forward on certain files.

The House has spent a very long time on Bill C‑8, a major bill that is crucial to helping Canada recover from the pandemic crisis. The bill is supposed to implement the fall economic update, but we have not yet passed it, and summer is just around the corner.

Why is it important?

Bill C‑8 provides essential support to workers and businesses to fight COVID‑19 and will continue to support the provincial and territorial health care systems with supplies of vaccines and rapid tests. The more information Canadians have about their health, the easier it will be for them to make decisions that enable them to keep the most vulnerable people—such as seniors and immunocompromised people—healthy, to keep themselves healthy and to keep others safe in the face of this pandemic. Canadians need assurances that they will not get sick when they go to work and that they will not make their loved ones sick with COVID‑19.

Bill C‑8 will also protect children by ensuring that schools have adequate ventilation. We must do everything in our power to prevent outbreaks in schools. This bill would implement a number of tax measures, such as tax credits for businesses that purchase ventilation equipment and for teachers who buy school supplies to facilitate virtual learning.

The safe return to class fund originally provided $2 billion to the provinces and territories to help cover a variety of investments to protect students and staff. The addition of $100 million to the fund is intended to support projects with the primary objective of increasing outdoor air intake or increasing air cleaning to help reduce transmission of COVID‑19.

I would also like to take the time to recognize the great work being done by teachers across the country. They are doing the most important job: taking care of our next generation.

Bill C‑8 is very important for recovering from the pandemic and avoiding a setback. We do not need any setbacks at this point. Things are hard enough, and we are already facing enough challenges, so this is an important bill in that sense. However, it is also a bill that is dragging on. What the opposition does from time to time is drag its feet in an attempt to show that the government does not have the competence to achieve its objectives.

There are other very important bills to be passed as well. I am referring in particular to Bill C-13, which deals with official languages. I represent a community that is predominantly made up of a linguistic minority in Canada, and Bill C‑13 will help better support this linguistic minority. It will enshrine the court challenges program in law, in a way. This program helps official language minority groups defend themselves in court when they are faced with actions such as the Harris government's move to close the Montfort Hospital, or the Harper government's move to cancel the court challenges program. This is therefore a very important bill for the anglophone minority in Quebec, but also for the francophone minority outside Quebec, as well as for promoting the French language and francophone culture in Quebec and across the country.

Bill C-11 is just as vital to promoting Canadian culture, including Quebec culture and French-Canadian culture. Let us take a look back and think about Bill C-10 in the previous Parliament. That was another bill on which the opposition was dragging its feet and filibustering in committee and in the House. They seemed to support the bill initially, but once the Conservatives saw the winds changing, especially among certain segments of the voting public, they changed their tune. This example illustrates how the official opposition decided to drag its feet and create obstacles. Let us get rid of those obstacles and move forward.

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

Madam Speaker, it is great to be here this evening as we enter week two of the four weeks in this part of our sittings. I am thankful for the opportunity to speak today to the government's proposal to extend the proceedings in the House of Commons for the remainder of the session.

I will be splitting my time with the member for Lac-Saint-Louis.

This Parliament was elected to get things done. As we have seen over the previous months, our government has an ambitious legislative agenda and we have a lot to accomplish in the weeks ahead.

In the last election, the wonderful residents of Vaughan—Woodbridge elected me for the third time because I ran on a platform that promised to grow the economy, fight climate change, make housing more affordable and protect our country's most vulnerable. Now that we are here today, Canadians expect their parliamentarians to deliver on those promises. This means the House of Commons needs to find a way to continue its important work and drive legislation in a timely and judicious manner. That is what the proposal we are discussing today sets out to do.

Over the last few months, we have seen an ambitious legislative agenda put forward by our government, but we have also seen a concerted effort by the Conservatives to obstruct the work of other MPs in the House of Commons. The Conservatives have shown a pattern of obstruction of legislation, including on Bill C-8. They have debated it for 10 days in the House of Commons and continue to block it, denying Canadians the support they need as our economy continues to recover as we exit the COVID pandemic and as we continue to fight to create good middle-class jobs from coast to coast to coast, which we are doing. We need to get Bill C-8 across the finish line and get it done.

Bill C-8 implements critical components of the fall economic and fiscal update tabled by the Deputy Prime Minister and Minister of Finance on December 14, 2021. The bill includes critical supports for workers and businesses needed to help tackle COVID-19, and support for territorial and provincial health care systems on vaccines, ventilation in schools and rapid tests. It also implements several tax measures, including tax credits for businesses purchasing ventilation supplies and for teachers who purchase school supplies to assist with virtual learning.

Since the start of the pandemic, our government has put in place unprecedented measures to support people and businesses across the country, to support our friends, our neighbours and our family members. Since day one, our government has had the backs of Canadians.

In Bill C-8, our government has outlined our plan to procure millions of rapid tests free to provinces, territories and indigenous communities. Bill C-8 includes support for workers and businesses, with changes to CEBA and El. We have proposed to create a host of tax credits, which would benefit Canadians, including a ventilation improvement tax credit for small businesses, tax deductions for residents of northern Canada, supporting our rural communities from coast to coast to coast, and support for farmers by returning fuel charges in involuntary backstop jurisdictions. Bill C-8 also proposes to implement a national tax on the value of non-resident, non-Canadian-owned residential real estate in Canada that is considered to be vacant or underutilized.

Here is the thing: Our plan is working. We have now surpassed our target of creating a million jobs. By delivering significant fiscal support to the economy and avoiding the harmful Conservative austerity policies that followed 2008, our Liberal government has supported a rapid and resilient recovery. We know that there are challenges ahead and the future remains uncertain, but we also know that we need to reinforce the importance of passing this legislation so that we can focus our attention on the future.

As we finish the fight against COVID-19, we will turn our resolve toward fighting climate change, addressing housing affordability, advancing reconciliation with indigenous people and building an economy that is stronger, fairer, more competitive and more prosperous for all Canadians. If the Conservatives are opposed to those measures to support Canadians, that is their prerogative; that is their choice. However, one party should not get to obstruct the work of other MPs in the House of Commons.

That is not the only bill that I would like to see moved forward before the end of the session. We know that the budget implementation act will be debated soon. On April 7, 2022, the Deputy Prime Minister and Minister of Finance introduced “Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable”. It is a plan that invests in Canadians and a plan that will help build a Canada where no one is left behind. The BIA will put those priorities into action.

Budget 2022 invests in three main things: people, economic growth and a clean future for everyone. Through targeted and responsible investments, our government will help make life more affordable, create jobs and prosperity today, and build a stronger economic future for all Canadians tomorrow.

We know from the budget that we are making it easier for Canadians to buy a home. We are moving forward on dental care. We are investing to help businesses scale up and grow. In the budget, we are making wealthy corporations pay their fair share. We are investing in a clean future and helping Canada become a world leader in producing electric vehicles. I know that everyone in the House and all Canadians are very happy to see the $3.6-billion investment that was made by Stellantis, in partnership and collaboration with the federal government and the provincial government. It means, here in Ontario, thousands of direct jobs and tens of thousands of jobs indirectly. It is a great day for the auto sector, a great day for this province and a great day for hard-working middle-class Canadians.

We have all seen the recent statistics. Canada has the strongest jobs recovery in the G7, having recouped 112%, and I think up to 150%, of jobs lost since the peak of the pandemic. Our unemployment rate is down to just 5.5%, close to the 5.4% low in 2019, the lowest rate on record for five decades. Also, throughout the pandemic, we maintained a strong fiscal anchor and fiscal footprint, with the lowest net debt-to-GDP ratio relative to our G7 peers.

Now, as we emerge from the pandemic, our government is focused on the priorities that Canadians expect us to deliver on: making life more affordable, creating jobs, growing the economy and ensuring a clean future for everyone. We need a healthy environment.

We will also need to move forward with Bill C-11, on online streaming. For decades, our system has guaranteed the creation of Canadian movies, TV shows and music that make us proud to be Canadian. Today, streaming platforms benefit from access to the Canadian market but have zero responsibility toward Canadian artists and creators. With our online streaming bill, we are asking online streamers to showcase and contribute to the creation of Canadian culture. Canadian broadcasters play by one set of rules and streaming platforms play by another. There should be one set of rules for everyone. We have been clear since the beginning: Those who benefit from the system should contribute to it. That is exactly what we need to see, so we need Bill C-11 to move forward.

To come back to our discussion about the motion for a moment, the motion would allow for extended time to debate bills, which is a good thing. We have heard from members of the opposition that they want more time to debate significant legislation. This motion allows for that to happen in the evenings when the government and one other party, which represent a majority in the House, request it. We believe that it is important for MPs to have the opportunity to debate legislation, and the motion facilitates this.

Let us think of the other pieces of legislation that could benefit from the additional time for debate.

I think of, for example, Bill C-18. We all know that a free and independent press is essential to Canadian democracy, and the work of our journalists has value. That is why we introduced Bill C-18, the online news act. It would require the tech giants to fairly compensate publishers and journalists for the content shared on their platforms. We are creating a framework to ensure that Canadian publishers, big and small, can negotiate fair deals on more equal terms with the tech giants, the most powerful companies in the world. The Europeans are doing it. We are going to do it as well. We will always support quality, fact-based and local Canadian journalism in a fair digital marketplace. I think all members of the House would agree with that, and that is why we should see this bill passed.

We also have Bill C-5, which deals with mandatory minimum sentences. A justice system that jails too many indigenous people, Black people and marginalized Canadians is not effective. That does not keep us safe and it must be changed.

With Bill C-5, we are turning the page on the failed policies of the Harper Conservatives. We are removing mandatory minimum penalties that target lower-risk and first-time offenders that have been shown to increase the over-incarceration of racialized and marginalized groups. We will also provide police and prosecutors with the tools and guidance they need to treat addiction and simple drug possession as a health issue, not a criminal justice issue. My brother is a first responder in the police force so I know he appreciates this.

Bill C-5 represents an important step forward. These changes will ensure that our criminal justice system is fair and effective and will keep Canadians from all communities safe.

To finish, these extended sittings will allow us to debate these bills and will provide more time for MPs to share their thoughts with constituents back home, be their strong local voice here in Ottawa and represent their constituents' views.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, if I am saying something that is unparliamentary or inappropriate, I would expect the Speaker to call me out on that and tell me to discontinue. I did not hear that in what you said. I understood that you are personally concerned about some of the things I was saying, but I do not think I did that.

Nonetheless, I think I am only feeding back what I get. This is the Conservative Party, whose members have called the Prime Minister a trust fund baby in the House. It causes me to be critical, and if they cannot take it, I am sorry, but this is the reality of the situation. They had better learn how to do that.

I will get back to the motion. This motion is about making sure that we have the proper tools in place for legislation to get through. We are talking about the budget. We are also talking about Bill C-11, the modernizing of the Broadcasting Act; Bill C-13, an update to the Official Languages Act; Bill C-14, on electoral representatives; and Bill C-18, enhancing fairness in the Canadian online news marketplace. These are the pieces of legislation this government has deemed to be the priority moving forward. What we are seeing from the other side are Conservatives not wanting to let the legislation go through.

I am sorry if my saying that is offensive to anybody, but the reality is that on Bill C-8 alone, there have been 12 days of debate since report stage was introduced. Two Green Party members have spoken to it. Two NDP members have spoken to it. Three Liberals have spoken to it, and five Bloc members have spoken to it. Does anyone know how many Conservatives have spoken to it?

It is more than four or five. Do members think it is ten? No, it is more. Do members think it is twenty, thirty, or forty? No, it is more. Fifty-one Conservatives have spoken to Bill C-8 since the report stage of that bill was introduced. They cannot tell me that this is not a political game for the Conservatives to be obstructionist. That is exactly what they are doing, and they do it day in and day out.

The NDP has finally seen beyond it. New Democrats do not want anything to do with it, and they want to actually work on behalf of Canadians. Then they get criticized for not following along with the games the Conservatives are playing. That is literally what happens.

When the member for Selkirk—Interlake—Eastman was talking about closure being put on this motion, he said something very interesting, and I would like to read it from the blues. He said, “We [already] just voted on the closure motion to ensure that there is a vote on Motion No. 11. Motion No. 11 is going to be coming into force whether we like it or not. The government, with [their] unholy alliance with the NDP, will get its Motion No. 11 through and we do not feel like it is necessary to sit there and debate this...long, drawn-out process.” Then why are they going to put us through this? They will make every single second of debate go on. They will not let this collapse.

The member for Selkirk—Interlake—Eastman just said himself that he knows this is going to pass and that debating it is absolutely pointless, yet he wants it to go on. Why is that? It is because he wants to push this on as long as possible, along with the rest of the Conservatives and the Bloc, so that we cannot get legislation debated and ultimately passed. That is not our job here. Our job here is to work on behalf of Canadians. The Conservatives' job is to criticize the legislation, to try to improve the legislation, not to put up roadblock after roadblock at every single opportunity they have, which is what they are doing.

I find it interesting that the Conservatives have on a number of occasions talked about how this government does not want to work. This is not a new motion. The timing of it is slightly earlier than normal, but we always have a motion like this to extend sitting hours. I would like to read some quotes.

The member for Mégantic—L'Érable said, on May 28, 2019, to a similar motion, “We are not opposed to working late every evening. We want to work and make progress on files.” In a similar debate two years earlier, on May 30, he said, “We want to work late, and we are prepared to do that and to collaborate with the government”.

The member for Lethbridge on May 1, 2017, said, “The Liberals would like to stop sitting in the House of Commons on Fridays. They would like to move us to a four-day workweek.... The Liberals want Fridays off. They [want to have] a four-day workweek [and that] is more than enough.”

The then leader of the opposition on May 29, 2017, said, “We know they want Fridays off and we know [that this] is a big deal to them. They do not want to be working Fridays. They do not realize that Canadians work five days a week, and many times [they work] more than five days a week.”

We are asking to work more than five days a week, which is exactly what the then leader of the opposition said in May 2017. That is the interesting part about all of this. One cannot help but wonder why, if they want to speak to all of this legislation at great length, and if they want to put up 51-plus speakers on every piece of legislation, they would not be interested in sitting into the evenings to do that. We certainly are. They accused us of not wanting to do it.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Thank you very much.

My next question is for Facebook.

Thank you, Ms. Curran, for being here today.

I want to talk a bit about what happened in Australia. As you know, the Australian government brought forward legislation that would force Facebook to pay publishers of news media if Facebook hosted, or users shared, news content. As you know, Facebook retaliated and banned news links from being shared by Facebook users in Australia, and shut down Australian news pages hosted on the Facebook platform, in a protest to the Australian law that the government was looking to bring forward. Ultimately, Facebook had cut off the ability to share news publications online from users or otherwise. An agreement was reached shortly afterwards, but it did take this extraordinary step to ban the sharing of news publications.

We know that the Liberal government brought forward a similar bill to what the Australian government did. Bill C-18 has some similarities. It's called, in short, the online news act. You may be familiar with it. There's also Bill C-11, which aims to control what Canadians see when they open their social media apps such as Facebook, Twitter and the like.

Ms. Curran, is it reasonable to believe that Facebook could do the same thing in Canada as it did in Australia and prohibit the sharing of news, should the Liberal government move forward with bills such as Bill C-18 or other iterations of it?

An Act for the Substantive Equality of Canada’s Official Languages

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

Mr. Speaker, French in North America is under pressure on all sides and especially online, which is why we introduced Bill C‑11.

However, Bill C‑13 gives francophones the right to work in French.

[Rachael Thomas, Conservative, Lethbridge, AB]

Awesome. Thank you so much, Chair. I apologize to the committee.

I started out by welcoming the witnesses, and of course thanking them for the good work they're doing.

Thank you for giving us your time today. I also acknowledge the good work that artists have done, not only to keep us entertained throughout the pandemic but long, long before that, and contributing to the arts and culture within Canada.

There are a great variety of artists, and I think those voices deserve to be celebrated across this country, no matter their platform or the artistic expression of their choosing.

We've heard from a variety of artists at this committee, but I don't want to assume that either of you have listened to the different discussions that have gone on here.

Darcy Michael is a comedian and a digital first creator. He offered some really interesting comments that spurred a few questions from me.

Again, coming back to the fact that you probably haven't listened to all of the testimony that has been shared here, I would like to read a quote from his time, and then I have a question for Mr. Beaulieu.

Mr. Michael said the following:

Some of you might not be aware of this, but for some reason that no one has ever been able to explain to me, comedy is not a recognized art form in Canada. As comedy is not recognized as an art form, unlike musicians, actors, dancers and writers, comedians are not eligible for grants in Canada, which meant that the pandemic left no options to help me or my family. So I pivoted. I decided to take the concept of my sitcom to digital platforms like TikTok and Instagram, partially to entertain myself during those early dark days of the pandemic, but also because I wanted to prove the concept of the show—not in hopes of networks changing their minds, but because I'm bitter and I wanted to prove them wrong. I did. Fast-forward to today. Eighteen months after first joining TikTok, across all social media platforms, I have three million followers. Our TikTok channel alone averages 40 million to 60 million views a month. For the first time in my career, I'm reaching Canadian households that I could have only dreamed about before. Not only that, I own 100% of my content. I'm 100% in creative control, and I keep 100% of my profits. With platforms like YouTube, TikTok and Instagram, artists can be in control of their creations, their content and their businesses. Of course, networks and record labels are crying foul, because they can no longer take advantage of the starving artist. Being a content creator online has single-handedly been the best decision I've ever made. [...] Before pivoting to being a digital creator, I was making ends meet as an artist, but just barely.

He went on to say:

Not only has our success benefited us financially, but by my working directly with Canadian brands across our social media platforms, in just the last 12 months, we've helped put over $500,000 in sales back into the Canadian economy. That's from one channel on TikTok.

He further went on to say:

Bill C-11 will directly affect my ability to earn an income. [...]

I just think that we need to make an amendment to that one portion of the bill. I don't want to be included. I don't want to be paying 30% to something that I don't benefit from as a digital creator. I think it's a second tax. I think that by the end of the day I'll be paying 80% tax on my income. That isn't fair.

Mr. Beaulieu, you commented on the taxation scheme within Canada and how greater benefit might be afforded to artists. I didn't hear any specific mention of digital artists. I believe that they need to be considered, because they fit within the grand framework of Canadian artistry in this country.

We've heard from many artists who have succeeded by pivoting to these creative platforms. They already pay an income tax from their income as an individual. Now they're concerned that there's going to be an additional 30% that they'll have to pay with Bill C-11 passing, which causes them to fall under the CRTC and having to contribute to the arts fund.

My question for you is, would a 30% tax on top of the income tax that they already pay help digital first creators to better earn a living?

[Lisa Hepfner, Liberal, Hamilton Mountain, ON]

Thanks very much.

I'll pick up where my colleague Mr. Uppal left off.

First of all, Mr. Ripley, you keep talking about this survey that your department did. I'm wondering if you have some sort of summary or report that came out of that survey. Maybe you can provide it to the committee so that we can have use of it for our study.

I'd like to ask you also about digital creators. This question might be prefaced on whether or not Bill C-11 receives royal assent. I'm wondering if digital producers could be considered producers under the SAA. Could the Status of the Artist Act possibly serve as a model for collective bargaining for digital producers?

[Anthony Housefather, Liberal, Mount Royal, QC]

Thank you, Madam Chair.

I want to thank all the witnesses for coming today. All of you are inspiring in terms of the work that you do. Thank you very much.

Given that these hearings are on the Status of the Artist Act, I'm not going to deal with Bill C-11. I'm going to deal with the Status of the Artist Act.

I'm going to start by talking about the FCCF, an incredible organization that I've had the pleasure of working with on several occasions.

Ms. Morin, I know all the work your organization does for the francophonie across Canada, and I thank you for that.

In your speech, you mentioned the essential nature of arts and culture, particularly within the Canadian and Acadian francophonie. What do you mean by “essential”?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Gonez, I can appreciate the challenges you faced. You highlighted that it is certainly not a level playing field. The current government is claiming that with Bill C-11 they're going to level the playing field, but under this bill they'll be requiring people such as you, digital-first creators, to contribute to the art fund. Right now under the CRTC, that requirement is 30% of revenue right off the top. That's not 30% of profit; that's 30% of revenue.

They're saying that a measure like this will help to level the playing field, but they haven't clearly said that in the same way you pay into it, you'll be able to pull out of it. Under the current terms, there's actually no allowance for that. So they're happy to take your money, but they won't be happy to give any of it back in the form of grants.

I'm just wondering how something like this might hinder you as a digital-first creator.

[Brandon Gonez, Chief Executive Officer, Gonez Media Inc.]

Thank you so much.

As you heard, my name is Brandon Gonez. My experience is unique. I spent several years in the traditional system, working for all the major networks, including CTV and Global News here in Canada. However, I quickly learned that there were limitations on the types of stories I could tell and the growth opportunities available.

I decided to go out on my own and launch my own digital media company, called Gonez Media Inc. Part of this is The BG Show and News You Can Use, which live primarily on YouTube, Instagram, Facebook and TikTok.

After launching, I immediately saw the huge opportunity that online platforms can provide. Every day, I'm able to export Canadian stories to a worldwide audience at absolutely no cost. Our growth has been remarkable. I started just over a year ago and today, I employ 10 people and run a full studio in Toronto. As an independent creator, I also have the opportunity to tell stories that matter to me to represent local and diverse communities whose stories aren't often shared in legacy media.

This committee undertook the study of the Status of the Artist Act to consider whether there are other mechanisms the federal government should be looking at in order to support artists and creators. What stands out to me about the act is that, like many other regulatory frameworks, it doesn't apply to digital creators like me, because it became law well before the Internet existed as we know it today.

The Internet has fundamentally changed the relationship between creators and audiences—in my opinion, in a very good way. It has given me and so many others the opportunity to build our audiences and our businesses without government assistance. I encourage you to take this into consideration when it comes to your evaluation of the Status of the Artists Act and other legislation, like Bill C-11, which you will eventually be asked to study.

I am here today to advocate for the next generation of creators, who will ultimately be Canada's biggest cultural export.

Thank you for having me today. I look forward to answering any questions you may have about my path from the traditional broadcasting system to where I am today, as the CEO of my own entertainment company, leveraging the power of the open Internet to create Canada's number one online news and entertainment show.

Online Streaming Act

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I want to get my colleague's thoughts on the concerns being raised by YouTube and Michael Geist, foremost expert in Canada on the Internet and e-commerce, concerning the threat that Bill C-11 would be forcing streaming platforms to push Canadian content. It sounds great, but as a consequence it may actually downgrade that content abroad, which I think would be very concerning to our online content creators.

Can I get the member's thoughts on that?

[Corey Tochor, Conservative, Saskatoon—University, SK]

Mr. Speaker, be it across the floor or at committee, when Bill C-11 gets there, I wonder what the coalition partners are going to ask. How are they actually going to scrutinize the bill when their partner, the Liberal government, is proposing it? In the case of Bill C-10, we did see some questioning from the NDP on that government bill, and ultimately, thankfully, Bill C-10 was defeated. I have less hope for this bill.

I have less hope for the freedoms that Canadians have relied on and expect to have in their country. After the bill passes, we will have an Internet tsar that will tell us what we can and cannot post and what content we can watch. Meanwhile, I have highlighted how problematic it is that through technology we are going to be able to do an end run around that.

What would this bill actually accomplish? I believe that in the end it is going to limit people's choices, not expand them. It will not expand a creator's ability to tell Canadian stories, and that is what needs to happen first. We will see when this bill gets to committee.

I know some members have questions for me and I am going to cede my time and allow them to ask those questions and have a proper debate. I do hope that we have a proper debate at committee, because we have heard from too many Canadians that the bill is wrong.

To the Canadians who are watching, please consider contacting your Liberal or NDP-Liberal government MP at their office and explain why this censorship bill is not right for Canada.