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.

[Annick Charette]

I obviously cannot answer that in 15 seconds. However, I can tell you that we really want Bill C‑11 to be passed as quickly as possible and that we will support the government in this regard.

[Eleanor Noble, National President, Alliance of Canadian Cinema, Television and Radio Artists]

Thank you, Madam Chair, vice-chairs, committee members and staff.

I am Eleanor Noble. I live in Tiohtià:ke, Montreal. I'm a Canadian performer and the national president of ACTRA, the Alliance of Canadian Cinema, Television and Radio Artists.

On behalf of ACTRA's 28,000-plus members working in English-language screen productions across Canada, I am pleased to appear today before the Standing Committee on Canadian Heritage to share the artists' perspective as part of the committee study of the arts, culture, heritage and sports sectors' recovery from the impact of COVID-19.

When looking back to the early days of the pandemic and the loss of employment experienced by millions of Canadians, it was Canadian artists and other self-employed workers who were left overnight with no income or social safety net to fall back on. Because many of us self-employed workers are not eligible for employment insurance, this made an already vulnerable group of Canada's labour market even more vulnerable.

ACTRA was grateful that the federal government acknowledged gig workers in the rules for the Canada emergency response benefit and subsequent Canada recovery benefit, as well as the more recent Canada performing arts workers resilience fund. These benefits were a lifeline for Canadians working in the arts or entertainment industries who were temporarily or permanently laid off due to the pandemic and who would have faced even further financial hardship. The Canada emergency wage subsidy was also instrumental in keeping our union operational when our revenue vanished.

Thank you for having the foresight to step in and introduce these programs. While these federal support measures have proven effective in the short term, they demonstrate the need for long-term solutions to fill the gaps exposed by the pandemic.

The changing needs of Canadian workers, as well as the ongoing pandemic, have resulted in a fundamental shift in the use of and need for a modernized employment insurance program that reflects and is inclusive of all Canadian workers. An expanded EI program that addresses the needs of a modern economy would allow self-employed workers to contribute to and collect EI, despite not having a traditional employee-employer relationship as defined under the current system.

We are also awaiting relief for Canadian seniors who have had their guaranteed income supplement withheld. Although financial help was announced in the fall economic statement, affected seniors are still waiting.

During the pandemic, many of our eligible senior members applied for and received emergency benefits. Unbeknownst to them, the unintended consequence of receiving these benefits was the effect it had on their GIS. Despite having paid taxes on the emergency relief payments they received, many seniors have either been cut off from the GIS or had the amount severely reduced as a result. The government must follow through on its commitment to alleviate the financial hardship that low-income seniors are facing. Their GIS must be retroactively reinstated immediately.

After the initial nationwide shutdown in March 2020 due to the pandemic, work on film, television and digital media programs gradually resumed in the second half of the year in various capacities across the country. Our ACTRA branches have continued to work closely with government, industry partners and stakeholders to adjust health and safety protocols to keep our industry safe and open. ACTRA members have also played their part by remaining vigilant in following these guidelines.

It's paid off. Our industry is cautiously optimistic about its current state, and across our union, our branches have reported good levels of production allowing our members to return to work.

However, to keep up the momentum, our industry must be provided with the necessary tools to ensure its long-term success.

In addition to following strong health and safety protocols, a significant contribution to our industry's recovery is the federal government's $149-million short-term compensation fund. The fund addresses the lack of insurance coverage we required to restart our industry by compensating independent production companies for interruptions or shutdowns due to the pandemic. With the fund set to expire at the end of March 2022, ACTRA hopes to see it further extended for as long as necessary to keep our industry open, or until a permanent alternative solution is implemented.

Another action the federal government can take to ensure the long-term viability of our industry is the swift passage of Bill C-11, the online streaming act. This legislation will go a long way in securing the success of our domestic production industry. With the tabling of this bill last week, I was pleased to see the federal government recognize the importance of investing in and promoting Canadian content, but action must be taken to pass this legislation as soon as possible to support Canadian programming.

ACTRA has been calling for modernizing the Broadcasting Act for over a decade.

Thank you.

Canadian Heritage

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, I think that the Liberals are also supporting Facebook, spending $4.2 million in advertising on Facebook alone in the last two years.

It was like Groundhog Day on the day this bill was introduced, because the challenges that were in Bill C-10 are there again in Bill C-11.

In the old Bill C-10, there was an exclusion for user-generated content, but then the Liberals excluded that exclusion in committee. This time, the exclusion for user-generated content is excluded by another exclusion.

Why can the government not simply exclude user-generated content that is on social media, and protect Canadians in that way?

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, the government is trying to use 20th-century rules to address the digital world of 2022. Through Bill C-11, the government is once again delegating more power to the CRTC for some future solution at some future time.

However, the government can act now and give support to Canadian broadcasters by simply abolishing CRTC part II licence fees. Will it?

Broadcasting Act

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

moved for leave to introduce Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

(Motions deemed adopted, bill read the first time and printed)