Bill C-11 (Historical)

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

[Dean Allison, Conservative, Niagara West, ON]

Mr. Speaker, I will be sharing my time with my colleague for Prince George—Peace River—Northern Rockies.

I rise today to speak on behalf of my constituents of Niagara West who have expressed deep concern with the Liberal government's online censorship bill, Bill C-11. My office has received hundreds of phone calls, emails and regular mail regarding the bill. I can confidently say that we have not received a single communication from any constituent in favour of Bill C-11, and that says a lot.

Bill C-11 would censor the Internet, but the Liberals do not seem to care. There seems to be this focus, almost an obsession actually, for the Liberals to attempt to gain more control over Canadians in every aspect of their lives.

Canadians want to live their lives without constant government intrusion. I do not understand why the Liberals cannot leave folks alone. Let folks live their lives freely. Let Canadians make their own decisions. Bill C-11 is just another attempt to gain more control, this time by censorship, and it needs to stop. We have seen what happened over the last three years with an incredibly intrusive government, and Canadians are fed up with it. My colleagues on this side of the House would likely agree. In fact, I think there are many Liberal and NDP MPs who have also heard from constituents expressing deep concern over the type of censorship that Bill C-11 would implement.

So what would Bill C-11 actually do? It is not what the Liberals would have people believe it would do. What would it actually do if it were to become law? It is simple: If the bill passed, it would take aim at Canadians' online feeds. One such affected feed could be a person's home page on YouTube where content could be prioritized based on goals set out by the CRTC, a federal bureaucracy. In other words, bureaucrats in Ottawa would determine what a person's YouTube home page would look like. Bureaucrats in Ottawa will decide what qualifies as a Canadian film, television program or song.

There is also uncertainty over how Bill C-11 would be interpreted. The uncertainty about how the bill would be implemented has been a concern from the first day that Bill C-10, the predecessor to Bill C-11, was introduced. There is also unease with the role of government officials in determining what counts as Canadian. Of course, there is the deep worry about the secrecy associated with the CRTC.

The CRTC will, of course, have an incredibly powerful role in approving and rejecting online content as to what is “Canadian”. If that is not an example of an intrusive and overreaching government, I am not sure what is. Other social media feeds may also be affected, not just YouTube. The government-approved and pushed-for content is what we will likely see most. It is almost unbelievable what the Liberals are doing with the bill, but they are actually doing it.

I have served my constituents in this place since 2004. I can honestly say that I am deeply concerned about the direction in which this government has already taken our country. I have said it before and I will say it again: The Liberals have implemented a ballooning, intrusive and overreaching government. I am deeply concerned that they are not satisfied yet and will keep going.

On this side of the House, Conservatives, such as myself, believe in people. We believe in Canadians. We believe that individual Canadians are best positioned to make their own decisions for themselves and for their families. Our philosophy is that decisions should be made by the people, the commons, a bottom-up approach where the bosses are the people and we as politicians are their servants. It is not the politicians or the bureaucrats in Ottawa. The bosses are the people.

The Liberals do not see it that way. In fact, their approach is the exact opposite. Their philosophy is a top-down approach, a top-down decision-making approach, where Liberal politicians and bureaucrats tell people what to do and, in the case of Bill C-11, what to see or not to see on the Internet. Liberals think that politicians know best. They think that bureaucrats know best. That is the Liberal government and the Prime Minister's approach.

We have seen this style of governing for eight very long years now, which have divided our country more than ever. The divide-and-conquer approach has been the hallmark of the Prime Minister. Not many would debate that. Even their pals at CBC would agree with me on that one. With Bill C-11, things are continuing in the same direction.

At the end of my speech, the Liberals and the NDP collaborators may engage in veiled insults and some name-calling because of the stance I am taking: a small, limited government, which is part and parcel of Conservative philosophy.

However, let us set aside politicians' comments on Bill C-11 for just a minute and let us focus on what experts are saying about the bill. The reason I am saying this is that, as many of my colleagues have done and will continue to do, I want to introduce into the record the comments made by experts who deal with this issue day in and day out.

For example, Michael Geist, who I know has been mentioned in the House, is a law professor at the University of Ottawa, a Canada research chair in Internet and e-commerce law, and a graduate of Columbia Law School. He has received dozens of awards and recognition for his work. He has taught in some of the top schools in the world. Let us see what he has to say about Bill C-11. He has been a vocal opponent to the bill and has suggested various ways it can be improved, yet the Liberal government has ignored his suggestions.

In Professor Geist's words, “The government consistently rejected attempts to provide greater clarity with the bill and insisted that its forthcoming policy direction be kept secret until after the bill receives royal assent. If there is criticism to bear about Bill C-11’s uncertainty, it should be directed in the direction of [the] Heritage Minister”.

A recent article said, “professor Michael Geist said [in regard to Bill C-11] trust is waning in the CRTC because it acts like an arm of the government instead of acting like an independent regulator.” The CRTC acting “like an arm of the government” is a strong statement by an expert who deals with this type of content every single day. If Professor Geist is saying that, then why are the Liberals not paying attention?

Furthermore, regarding the Minister of Canadian Heritage's rejection of some common-sense amendments, Mr. Geist said, “It is exceptionally discouraging to the thousands of Canadian creators who spoke out”. Many digital creators are extremely concerned with the negative impact the bill would have on their work and have repeatedly voiced this in their committee testimony.

Here is an example of another expert. Scott Benzie, who is the director of Digital First Canada, which represents digital creators, stated, “It's shocking that the Senate's sober second thought was dismissed, and that the government continues to act as though digital creators are not legitimate artists and entrepreneurs.” These are more strong words aimed at the government's seemingly disregarding attitude toward anyone who is providing testimony that is critical of Bill C-11.

Let us talk about Margaret Atwood and what she had to say. I know we have had a lot of conversation about her from our last speaker. Let us first mention that she is a renowned Canadian author, winner of the Booker Prize and the Giller Prize, and perhaps one of the best-known authors in Canadian history.

In regard to Bill C-11, she said, “bureaucrats should not be telling creators what to write.” She also said that bureaucrats should not decide what is Canadian. Most importantly, and I really hope the Liberals are paying attention, she said, “All you have to do is read some biographies of writers writing in the Soviet Union and the degrees of censorship they had to go through—government bureaucrats. So it is creeping totalitarianism if governments are telling creators what to create.” We have heard that statement quite a few times today, “creeping totalitarianism”. Once again, these are pointed words.

The member of the Green Party from across the way quoted Ms. Atwood as saying the bill was “imprecise”, so it sounds like Margaret Atwood would like to see some amendments as well.

Are the Liberals taking heed? No, they just ignored this and came back with poorly written talking points, delivered in a fiery manner to stifle and end the debate on their incredibly faulty legislation.

Through Bill C-11, the Liberal government is censoring the Internet and forcing content on Canadians. It is plain and simple. We know it. Their NDP collaborators know it and the Bloc definitely knows it. In fact, the Bloc members recently admitted that they do not care if this bill is stifling freedom of expression. I have an inkling that the NDP and the Liberals agree with the Bloc on this.

In conclusion, I would like to say something I have said numerous times in this House over the last three years, and I would like to direct it at the NDP-Liberal coalition: They should let folks live their lives and leave them alone, stop interfering and stop intruding. They should let Canadians live their lives freely without this egregious overreach that has been happening, especially since the pandemic began. That includes incredibly flawed legislation such as Bill C-11, the online censorship act.

I have observed over the last couple of days some very disturbing and worrying behaviour from individuals who have made some very personal comments. I have not seen much of it today. The debate has actually been much better today. However, I think we have to watch what our discourse of debate is in this House and really work hard not to make it personal.

I look forward to answering questions. Let us hope that this time we can keep things civil, unlike what members have been doing in the House.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

Mr. Speaker, the member across the way referred to this earlier when a member of the Liberal Party was talking about Bill C-11. She said that she still had a problem that user-generated content perhaps was not exempted as promised and that was the problem she had with the bill. Her Green Party colleague also said that he was concerned about this, that user-generated content was perhaps caught up in Bill C-11, and yet they said they are still going to support the bill despite their concerns.

It is not just Conservatives who are voicing their concerns about this issue. There are many issues going back to Bill C-10, when this was brought up by the current environment minister almost four years ago. This is an issue that Canadians are rightfully worried about. It would give possible control to the government to decide what CRTC can show or what it can prevent people from seeing on the Internet. Until that is laid to rest, we need to oppose the bill.

What would the member do with the concerns I have brought up?

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

Mr. Speaker, I agree that the hon. member for Prince George—Peace River—Northern Rockies must assume that I am about to give a rant about women's rights.

When Margaret Atwood's name is invoked so often with a novel that is entirely about women losing their rights in a dystopian future, where unbelievable things have happened like the U.S. Supreme Court overturning Roe v. Wade and women having to fight again for rights that were assured. That is not my theme. That just happens to be a deep irony in hearing The Handmaid's Tale invoked over and over again.

Let us get to Bill C-11. I have been talking via email with Margaret Atwood, who I am honoured to know. She does not wish to be associated with the idea that Bill C-11 is “creeping totalitarianism”. If shadowy figures were to be determining what we got to watch, that would be creeping totalitarianism.

I am just going to read what Margaret Atwood would like entered into this discussion. It is found on something called margaretatwood.substack.com. If someone wants to look for the article on a search engine, it is about featuring Canadian content without the benefit of algorithms.

It is called “Can CanCon or Can't It, Eh?” It was posted about Bill C-11 by Margaret Atwood. As she has pointed out to me a few times by email, there is no reference to “creeping totalitarianism” in this article. There are elements of what she wishes were clearer about Bill C-11. It is about the question of what is “content”, what is “creator” and what is “platform”.

To back up a bit, it is important to recognize that regulating Canadian content, whether it be The Littlest Hobo, The Beachcombers or whatever, was an important part of fending off the behemoth of U.S. Hollywood productions.

It is even more important for the culture of the incredible Québécois nation, which is so different from the anglophone Canadian culture. Quebec has a smaller audience which means that it faces an even greater threat from American culture and Hollywood.

We have had the benefit of Canadian content rules for many years. This takes them into protecting our creators from online streaming. I am going to quote Margaret Atwood because she has asked me to. She said the following:

Maybe the language used in the Bill is imprecise. “Content” is what goes inside the cheeseburger. “Creator” is who makes the cheeseburger. “Platform” is how the contents of the cheeseburger wend their way from the creator to consumer of the cheeseburger. Did the framers of Bill C-11 mean Creator or Platform, rather than Content?

And whose interests are to be served? Is all this in aid of “We need to hear our own stories?” That would be Content. But this doesn’t seem to be exactly what is meant.

I think...that the idea is to enlarge the space available to the creative folk in Canada by helping them profit fairly from their endeavours, insofar as that is possible, and to encourage the availability of platforms via which they may serve up their cheeseburgers. Is that it?

If so, the Bill C-11 writers might think of changing the wording. Substitute “creators” and possibly “platform” for “content.” For instance: in music terms—requiring a percentage of CanCon from radio broadcasters jump-started the careers of a whole generation of Canadian musicians. But they didn’t necessarily sing about Mounties and beavers. They sang about all sorts of things. CanCon in that context didn’t mean subject matter. It meant who was doing the singing. Listeners were allowed to hear the music, and then could make up their own minds about whether they liked it or not.

That is what we are talking about here with Bill C-11. There is no world in which people who manipulate algorithms are censors. They promote content, but they do not exclude other content.

People can find the content they want, and the Internet, as many Conservative colleagues have called for, will forever be a magical space of unending opportunities. However, within that large amount of noise, in order to level the playing field, Canadians will be given a bit of a hint to find Canadian content and Canadian productions.

What is that playing field, and why does it need to be levelled? It is because Canadian writers, screenwriters, artists, actors and directors need to be able to make a living. In this debate, the economics of the cultural industry have been somewhat muddied. Yes, it is true that the industry is great for a local economy, and I have experienced this in Saanich—Gulf Islands in my hometown of Sidney.

My husband came home one day and said, “Honey, the town has lost its mind. It's only October, and they're putting up Christmas ornaments.” The next day there was fake snow. We realized there was a Hallmark Christmas film being produced on Beacon Avenue in Sidney. I was able to tell my husband that the mayor and council had not lost their minds but had struck a good business deal; that was a good thing.

That Hallmark film was using Canadian areas and space to produce something. It was good for the economy. However, my husband's daughter tells me all the time that with the U.S. productions made in Canada, the starring roles and the big money go to the U.S. actors; the Canadian actors work at what is called “at scale”. My husband's daughter is a brilliant actor named Janet Kidder, by the way, and she is in a lot of productions.

To promote Canadian artists, we need to be able to say to the big giants, whether Amazon, Disney or Hallmark, that when they come to Canada to make a film, they would find it advantageous to actually use Canadian stars. We have brilliant actors who have chosen to stay in Canada and not move to Hollywood, and they should be paid properly.

We also know that the screenwriters of Canada have had a rather catastrophic drop in the amount of work available to them as the online streaming giants have taken off. If one is a Canadian writer, one's chances of being a screenwriter have been reduced quite dramatically over the last number of years.

This data is kept by an organization to which I belong called the Writers' Union of Canada. In this place, in debate, I heard colleagues refer to the Writers' Union of Canada as if it were a trade union, so let us clear that up. There are no trade unions representing writers. Writers have two organizations: the Writers Guild of Canada and the Writers' Union of Canada. It is a voluntary association of published writers working together in kind of a little society. It could have been called a “society” or a “club”.

It is not a union. There are no arts union bosses. Those are words I heard in this place, as if the arts union bosses are going to make money. No, they are not. There are writers in this country, and many of them are not the famous writers. They are not the Farley Mowats or Margaret Atwoods, and they struggle to make ends meet. Getting a book published or writing a screenplay in Canada is not a ticket to success. If one is lucky, it is a ticket to employment insurance at some point because one managed to put together enough to get some help between jobs.

Writers in this country struggle to make ends meet. They are not represented by union bosses. There are no arts union bosses. We need Bill C-11 to be passed for those creators.

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

Mr. Speaker, I thank my colleague for his question on the importance of collaboration with all the provinces in our country. It is very important to collaborate with the province of Quebec and to collaborate further when it comes to the application of Bill C‑11.

I do not understand the Conservatives' opposition.

Like many people, I am befuddled by it. There is a lot of language being used that I am not really sure is accurate. Maybe a full briefing for members would help them to understand the importance of the bill.

This is an extremely important bill for our cultural sector.

It is very important to move forward with this bill.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Mr. Speaker, I am trying to understand the Conservatives.

They oppose Bill C‑11, saying that it would undermine freedom of expression. However, they claim to be defending Quebec, because Quebec wrote a letter in which it asked for Bill C‑11 to be passed and stated that it must be consulted when the bill will apply in the Quebec context. In other words, Quebec would be opposed, in that context, to freedom of expression but would be defended by the Conservatives. It sounds like the equivalent of a dog chasing its own tail.

Can my colleague tell me whether I have this right or not?

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

Mr. Speaker, it is nice to see my hon. colleagues continue debate on a very important bill, Bill C-11. I will be sharing my time with the hon. member and my esteemed colleague for Saanich—Gulf Islands, beautiful Vancouver Island, a wonderful place on the Sunshine Coast area where I have many friends and where I was raised.

We are debating a very important bill that would modernize the Broadcasting Act, which has not been touched since 1991. It has generated a lot of debate and passion, but it is really important to stick to the facts of the bill at hand and not get lost in the rancour, hyperbole and, frankly, the misinformation, if I could be so direct.

I am pleased to rise today in support of the online streaming act, Bill C-11. The online streaming act seeks to update the Broadcasting Act to reflect the reality of Canada's broadcasting climate today and prepare for the future. For decades, broadcasters in Canada have shown us incredible Canadian content on our televisions and radios. That did not happen by accident. After all, we live right next door to the world's largest exporter of culture and entertainment. I can say first-hand, having lived in the United States for over seven years at one point in my life, it does export a lot of culture and entertainment, not only here in Canada but throughout the world. There is quite a dynamism in its entertainment business, which we also have here in Canada, a very vibrant film industry and music industry.

We made a conscious decision to support our fellow Canadians, to help them share their talents and their stories with the rest of world, much like every other country does. As a condition of their licences, TV and radio broadcasters have had to invest in our culture and our artists. It is why we have all the Canadian content we love. Whenever we see Schitt's Creek, Orphan Black and Corner Gas or hear Lisa LeBlanc, Coeur de pirate, Joni Mitchell, Céline Dion, Jessie Reyez, Mother Mother, Classified and the Arkells, it makes us proud to be Canadian. Our culture is who we are. It is our past, our present, and most definitely and definitively our future.

The last major reform, as I stated at the outset of my comments, of the Broadcasting Act was in 1991, a year after I finished high school, which is a long time ago, and before dial-up Internet was widely available in Canada. Online streaming services like Crave, Netflix, TOU.TV, Apple TV+ and Spotify have dramatically changed how we watch television and movies and listen to music.

Today, believe it or not, most Canadians are using YouTube as their primary music streaming service. I see this with my children, who are 10 and 11 years old, two of the three, who watch much on YouTube in terms of sports and entertainment. However, those online streaming platforms are not subject to the same rules as traditional broadcasting services like over-the-air television, cable and radio. This bill would ensure that everyone who benefits from the Canadian market is paying their fair share to support Canadian culture, in both official languages, as well as indigenous languages. With a population of almost 39.6 million people, our market is continuing to grow and it is a sought-after market for content producers and platforms from all over the world.

The world has changed a lot since 1991. In the last 30 years, Canadian society has evolved, and so have our values. Diversity and inclusion are important to Canadians, so they must be key elements of our cultural policy. Improving the fairness of our broadcasting system means being more inclusive, supporting the livelihoods of Canadian artists and creators and enriching the lives of Canadians who want to see more of themselves on screen and in song. Indigenous peoples, Black and other racialized Canadians, women, LGBTQ2+ persons and persons with disabilities deserve to have the space in order to tell their stories to other Canadians and to the world. Frankly, Canadian stories are unique stories. They need to be told, we need to encourage that, and that is exactly what this bill would do.

These values are clearly reflected in the online streaming act. The bill presents us with an opportunity to ensure that the broadcasting sector is truly inclusive of all Canadians, including anglophones, francophones, Canadians from Black and racialized communities, Canadians of diverse ethnocultural backgrounds and socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and Canadians of all ages. It would ensure that the circumstances and aspirations of all Canadians are reflected in the broadcasting system, many for the first time in Canadian history.

I would like to share some of the important perspectives that were heard throughout the House and Senate study of the online streaming act to show just how transformative these changes could be for our country. We all know of the intense debate and scrutiny Bill C-11 has gone through in both Houses.

Culture can play a role in the process of truth-telling and reconciliation with indigenous peoples and healing. As part of our commitment to reconciliation, Bill C-11 proposes important updates to Canada's broadcasting system. The online streaming act would remove the language “as resources becomes available” about supporting indigenous culture from Canada's broadcasting policy goals. This is as it should be.

I will quote Jean La Rose, President of Dadan Sivunivut, “We have a unique place, and this language would better reflect Parliament's wish to recognize in legislation the principles of the United Nations Declaration on the Rights of Indigenous Peoples”. Amendments passed in both the House and the Senate strengthened this commitment in the bill. Ultimately, this bill would create more funding and more opportunities for indigenous creators to tell their stories in the language of their choice.

Currently, programs that reflect indigenous peoples and racialized and ethnocultural communities remain few and, unfortunately, far between, and creative employment opportunities are slim. Who tells the story is as important as the story itself. Our government is committed to building a better future where Black and racialized creative voices, talent and work are celebrated, sought after and supported.

Joan Jenkinson, executive director of the Black Screen Office, told the heritage committee, “Canadians of all backgrounds have not had access to programming within the Canadian broadcasting system that authentically reflects the diversity of this country. The proposed amendments in Bill C-11 will prioritize greater equity and inclusion.” This is something we should all be proud of and something we should all support.

In fact, amendments were adopted by both Houses to recognize the unique experiences of Black and racialized Canadians and incorporate their unique stories into the goals of the Broadcasting Act. Bill C-11 would also provide more opportunities for persons with disabilities to fully participate in the broadcasting system. It would update the broadcasting policy goals of Canada to ensure that our system should, through its programming and the employment opportunities arising out of its operations, serve the needs and interests of all Canadians first, specifically including persons with disabilities for the first time in Canadian history.

It would also update the act to remove language that specifies that programming that is accessible without barriers to persons with disabilities must only be provided within the Canadian broadcasting system when the resources are available to do so.

When David Errington, president of Accessible Media Inc., appeared before the Senate committee, he told parliamentarians that “By removing that qualifying language, the government is signalling that it expects that Canadians with disabilities will be treated like all other citizens for the purposes of broadcasting policy.” Again, this is how it should be.

As members can see, this legislation would provide real opportunities for Canadians, including community media, local news, French-language productions, Black and racialized communities, third language programming, and so much more. Importantly, this legislation would also takes steps to ensure there is space within our broadcasting system for indigenous storytelling and indigenous languages.

Canada has changed greatly since 1991. It is time that our broadcasting system reflected that. It is imperative. I hope all of my colleagues, and I understand the NDP and the Bloc are in support, will join me and our caucus in supporting Bill C-11. It is time to bring our broadcasting system into the 21st century.

I look forward to questions and comments.

The House resumed consideration of Motion No. 2 in relation to the amendments made by the Senate to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, and of the amendment.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I am going to read a section of Bill C-11. It reads:

(3) This Act shall be construed and applied in a manner that is consistent with

(a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings

I wonder if the member can explain why the Conservatives keep talking about freedoms being taken away when the bill explicitly states that freedom of expression would be complied with.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I will point out to that member, whom I respect very much, that the Government of Quebec has spoken about this and expressed profound concern over Bill C-11. That government has actually sent a letter to the Liberal government expressing this concern and calling for further consultations before this bill goes forward. I know what those concerns are. One is that user-generated content would no longer be free. In other words, user-generated content would be regulated by the CRTC's government bureaucrats. That is something no Canadian should be supportive of.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I have heard from many constituents who are really concerned about Bill C-11, the online streaming act, and the corrosive impact it would have on their freedom to use social media, to hear and view online information and to post user-generated content. Like so many of the intrusive actions undertaken by the government, my constituents simply do not understand why the Liberal government continues to try to fix problems that do not exist.

At the end of the day, it comes down to this: Who do we trust? Who do Canadians trust? Is it our Liberal Prime Minister, who has become so notorious for making hundreds of promises that he has no intention of keeping? Do Canadians trust a Liberal government that claims this bill is all about the Broadcasting Act, or do they trust the many experts who assert that this bill is an attack on our freedom to use the Internet and social media?

The purported premise of this bill was to ensure online streaming giants, such as Netflix, Amazon and Disney+, meet Canadian content requirements similar to those that Canadian broadcasters have to comply with. However, this bill would do much more than that. It would create a new category of media power to regulate them and to require them to invest in Canadian content, just like the big broadcasters, and that is the rub.

What the government refuses to admit, but what has been confirmed time and time again by experts and stakeholders, is that the Liberal government is for the first time ever inserting itself into the Internet space by giving the CRTC, which we know is a group of bureaucrats appointed by the Liberal government, the power to prescribe what Canadians can and cannot see, hear or post to social media. The CRTC would also have the power to regulate the algorithms that determine what information will appear in a search bar.

The bottom line is this. This legislation would prevent Canadians from seeing and watching content of their own choosing. Instead, Ottawa bureaucrats would control what Canadians can see or watch through streaming services. They would also dictate what we can or cannot post to social media. Even worse, Bill C-11 would harm Canadian digital content creators in their ability to reach international audiences and achieve global success.

Our Liberal friends across the way would have us believe that I am exaggerating, that we Conservatives are exaggerating and that there is nothing to see here, as it is just a benign piece of legislation that would make sure streaming platforms contribute to Canadian content. However, many experts, like law professors Michael Geist and Emily Laidlaw, former CRTC commissioners Timothy Denton and Peter Menzies, and even Canadian author and icon Margaret Atwood, are sounding the alarm and suggesting that what is at stake is Canadians' right to be heard. In fact, Margaret Atwood said this bill amounted to “creeping totalitarianism”. Think of that term and what it connotes.

Make no mistake: This is a new form of censorship that the Liberal government is engaging in, and our ability to hear, watch and post what we want on social media is clearly at risk. Again I ask, who do Canadians trust?

The Internet and the different social media platforms have opened up a remarkable opportunity for Canadians to expose their created content to the global marketplace. Right now, they do not have to go through the established artistic gatekeepers, the big broadcasters, like Bell Media, Rogers, the CBC and Corus Entertainment, that in the past had made it impossible for many Canadian artists and creators to promote their content within the global marketplace. The Internet and evolution of social media platforms carved out space for every Canadian to create and promote the product of their imagination without any gatekeepers getting in the way. Each Canadian now has a voice, which cannot be silenced by vested interests and corporate gatekeepers.

Consumers certainly do not want this bill, nor do digital creators. In fact, those creators do not want this bill because it has never been easier for producers of online of Canadian content, including those from linguistic and cultural backgrounds, to reach a global audience with the content they wish to showcase, until now.

With Bill C-11, the Liberal government is wrestling control away from consumers and giving its bureaucrats the power to tell us, the consumer, what we can and cannot watch, hear or post. The Liberal government wants to stifle our freedom. Let us not kid ourselves. This is a fight over the freedom to create, to speak, to perform, to imagine and to expose our gifts and creativity to the world. It is about the freedom to be heard and seen around the world.

Bill C-11 would take even greater control of our search bars. Instead of directing people to the things they want to view, it would direct them to things the government and its bureaucrats want them to view. Meanwhile, homegrown talent and content creators right here in Canada will stagnate and lose the opportunity to be judged based on merit within the global marketplace. Content would be subject to a set of criteria that bureaucrats in Ottawa would use to determine its level of Canadianness.

The government, of course, has protested that user-generated content would not be compromised. I ask again, do people trust the Liberals? This is the same government that promised balanced budgets, electoral reform and greater transparency yet failed to deliver. In fact, Université Laval did a study after the 2019 election, and how many of the Liberal promises were actually fulfilled? It was only 52%, which means almost half of their promises were broken. That is from Université Laval. It is the same government that has been embroiled in countless scandals and ethical failures. Again I ask, do we trust the Liberals when they tell us there is nothing to see here, not to worry and be happy?

When the Senate inserted a provision in this bill that would assure Canadians that user-generated content would not be captured, what did the Liberals do? They nixed it. They nixed that amendment. Again I ask, do people trust the Liberal government? The Liberals say one thing in public, and then when given an opportunity to stand behind it, they do the exact opposite.

Make no mistake: This bill would regulate what can be seen, heard and posted online. If the CRTC does not do it, people can bet their boots that the Liberals will require YouTube and Facebook to do the job for them. This bill hurts consumers and creators, and it has even drawn ire and concern from the provinces. In fact, Quebec has written a letter to the government expressing its concern and asking for more consultations before the bill moves forward.

For all of these reasons and more, we Conservatives, in this House and in the Senate, are the only ones to stand in the breach and oppose Bill C-11 in its current form. The Liberal-NDP coalition has rejected all attempts to improve the bill, including clarifying the issue of user-generated content. I want to assure Canadians that a future Conservative government would repeal Bill C-11, the censorship bill.

Let me close by saying this. After eight years of division and conflict, the government has again profoundly failed Canadians by attacking our fundamental right to free speech and by shackling Canadian creators, who simply want to expose their ingenuity and creativity to the world, proving again that the Liberal government cannot be trusted. Canadians deserve better.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I would love to hear my colleague comment on Margaret Atwood's comments about Bill C-11. She referred to this bill as representing “creeping totalitarianism”. That is a term that is very difficult to misconstrue or take out of context. It is stark.

I welcome the member's comments on that.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Mr. Speaker, I thank my colleague for his speech.

For a while now, the Conservatives have been saying that they are standing up for Quebec by opposing Bill C‑11 and that their love for Canadian and Quebec culture knows no bounds.

I will do my colleague a favour. I would like to give him the opportunity to name his three favourite francophone artists from Quebec, other than Celine Dion.

[Jenica Atwin, Liberal, Fredericton, NB]

Mr. Speaker, I would like to put on the record that I loved The Littlest Hobo. I grew up watching that show, but the insulting way that the member has characterized Canadian content only serves to support why Bill C-11 is so important.

I do want to ask a question about his opening statement as part of his discourse today. He mentioned the pursuit of wokeness for our side. I would love for the member to define “wokeness” and why he is seemingly against it.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Mr. Speaker, I will be splitting my time with the member for Abbotsford.

Today I am speaking, along with many others, about an issue fundamental to the future of our country.

Do we as Canadians live in a country that believes in the principles of our Charter of Rights and Freedoms and supports free speech on the Internet, or do we deviate and support the principles of censorship and the pursuit of wokeness and conformity? What do we value as Canadians?

The fact is that the Conservative Party is the only political party in Canada that stands for freedom of speech and the rights of Canadians to express themselves freely on the Internet. Margaret Atwood called Bill C-11 “creeping totalitarianism”.

We have, and we will, fight this legislation to the bitter end. Is it a losing fight? Probably. We have heard many times, when the Prime Minister asked the leader of the NDP to jump, that the only question he gets in response is “How high?” That does not mean that Conservatives would not fight. However, it does mean that, when Conservatives form the next government under our new leader, we would repeal this horrible attack on free speech.

Much has been said about the obvious move toward censorship and government control over what we see and post. However, I want to come at this from a different angle, which is that of The Littlest Hobo. I grew up in the 1970s in rural Saskatchewan. We had colour TV, I am not that old, but our house only had two channels: CBC and CTV. It was the golden age of government censorship of what we could watch on TV.

Back then, the CRTC was not as concerned about political censorship as we would see with the result of Bill C-11, but it was very concerned that we watch Canadian programming, instead of that evil, awful American programming. Every day, after school, I had to endure a half-hour of The Littlest Hobo, because it was literally the only thing I could watch on TV. Now some may have enjoyed the show. I did not.

This was the result of the government dictating to Canadians what it felt we needed to watch on TV. Thankfully, we eventually got U.S. TV channels in our house, and we were able to finally watch what we chose to watch and not what the CRTC told us we could watch.

Everyone who has grown up in the Internet generation has always had full control to watch whatever they want to watch on the Internet. The government has so far been unable to censor them and force them to watch the content it deems important.

With Bill C-11, the government would be throttling the Internet and forcing Canadians to watch things it deems important: The Littlest Hobo of this decade. Do not get me wrong. I am not against Canadian content in any way. I just want good content, wherever it comes from.

Canada produces some amazingly good content. For example, The Handmaid's Tale by Margaret Atwood was written by a Canadian author and is being filmed on Canadian soil. It stars Canadian actors and it employs Canadian producers, but it fails to make the cut. It is not considered Canadian by the CRTC.

This just demonstrates the silliness of the government trying to dictate and control our creative industries. The last thing our creative industries in Canada need is more government control.

Canada has amazing content producers, from big-name actors, producers and artists down to small content creators on YouTube, Instagram and other platforms. We must keep them free to compete in a global world, rather have the government pick who are the winners and who are the losers.

How does Bill C-11 work? How does the legislation actually strangle the freedom of individual Canadians on the Internet?

At the heritage committee, one witness, J.J. McCullough, used a metaphor that I believe captures this law in a nutshell. He said, “It's like promising not to regulate books while [simultaneously] regulating...bookstores.”

The approach of the NDP-Liberal coalition is to regulate everyday social media platforms that Canadians use: Facebook, Twitter, TikTok, YouTube and others.

This would directly affect every Canadian, as the platforms would be told by the government which of the content created is allowed or not. It is as if someone walked into a bookstore but would only be allowed to see the books on certain racks. They would not be allowed to see the books on other racks in the rest of the store.

The government agency overseeing this is called the Canadian Radio and Television Commission, CRTC. These are the same people who forced me to watch The Littlest Hobo as a kid. The CRTC has been around for a long time, and, in theory, it is responsible for ensuring Canadian content on radio and TV. They are the reason cable is so expensive and why many of us are cord-cutting.

Basically, the CRTC is a bunch of Toronto, Montreal and Ottawa elites, appointed by the Prime Minister, whose jobs would be to decide what we consume and what we post.

This law would effectively give the CRTC the authority to set out conditions, requirements and exemptions for what is to be restricted or to be allowed. For example, the law would give the commission the authority to make orders imposing conditions affecting such things as “the proportion of programs to be broadcast” being “devoted to specific genres” and “the presentation of programs and programming”.

Despite its vague language, it is clear that the government plans to give the friends of the Prime Minister the power to decide what the people see, quite literally policing content.

They do this under the guise of promoting Canadian content, but that is just an excuse to grab more power and to limit the freedoms we enjoy. That is exactly what Bill C-11 does.

It gives the CRTC the authority over platforms like YouTube. These platforms would be forced to comply with regulations that prioritize content to be displayed to individuals over others, depending on what the CRTC deems to be the priority. That is exactly the problem.

This law would “encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity”.

Who will decide what content is reflective of Canadian opinions, ideas and values and exactly what those are? Of course it is the friends of the Prime Minister.

This one phrase would reprogram the algorithms of your platforms to show you what the government wants you to see, rather than having your preferences deciding what appears in your feed.

The NDP-Liberals do this under the banner of diversity and inclusivity. The truth is that, right now, open platforms allow for, and facilitate the exchange of, diverse and inclusive content better than a government with a political agenda ever could.

The party that prides itself on multiculturalism is now putting a rubber stamp on what is Canadian and what is not. Canadian culture and interests are always expanding and are being influenced by many different artists, genres, languages and the trends of the day. The government is the last organization I would want creating Canadian culture.

Ultimately this is the difference between the Conservative approach on this issue and the approach of the NDP-Liberals. They are concerned about government control and how to have power over Canadians. Conservatives are devoted to freedom. We want Canadians to be able to live their everyday normal lives on the internet. It is simple as that.

Let us talk about how this legislation would affect Canadians. As Neal Mohan, the Chief Product Officer for YouTube, has explained in countless interviews, Bill C-11 would harm Canadian content creators.

Some may argue that YouTube is a massive corporation simply looking after its own interests. Of course, on one level that is true, but YouTube contributes over a billion dollars to the Canadian economy and creates roughly 35,000 jobs in this country, so it does have a stake beyond the confines of Silicon Valley.

Bill C-11 would essentially decide who the winners and losers of this market are, based on the qualities and conditions set out by the CRTC. Rather than helping the little guy, this government plans on putting barriers that impede them from success.

By creating more red tape, we would not just harm the economy but, more importantly, we would harm each Canadian who depends upon the internet to generate income. Nowadays, that is a lot of people from all age groups and all walks of life. This law would cover any content individually generated that touches a user trying to make even the smallest dollar.

The Liberals will say that this bill would not touch personal content like cat videos but that is simply not true. Even the current Liberal-appointed chair of the CRTC told the truth by mistake and admitted that Bill C-11 would regulate content generated by individual users.

According to YouTube and others in this field, forcing content to be displayed in one’s feed may have a negative impact on content creators within Canada and would harm the very people the government claims that it wants to protect.

We all know what happens when the government tries to force-feed us content that we don’t want, like The Littlest Hobo.

We do not want to watch it, yet the government shoves it down our throats anyway. At least CBC TV shows are voluntary right now. Just wait until the algorithms are required by law to put these in our YouTube searches, then in our Facebook videos and then in our Insta stories.

There will be no escaping the government-approved content, so we will shut it off. One does not see what one wants, and the so-called Canadian content shoved down one’s throat will go unwatched. It is a lose-lose situation, like most things that this current NDP-Liberal government does.

Bill C-11 is a threat to our fundamental rights and is setting up the foundation for censorship. Whether one is a YouTube content creator, a social media influencer or even just a viewer, Bill C-11 would limit Canadians from seeing and watching the content they choose.

People in Saskatoon West are worried about what is to come if this legislation passes, and that is why we must kill Bill C-11.

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

Mr. Speaker, as the member knows, I intend to vote for Bill C-11, but I would vote for it with more enthusiasm if the government had accepted the amendment from the Senate that excluded user-developed content. I wonder if the member could explain, because so far I have not had any explanation that makes sense to me, why the government has rejected that amendment from the Senate.