Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 30, 2023 Passed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
March 30, 2023 Failed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (reasoned amendment)
June 21, 2022 Passed 3rd reading and adoption of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (hoist amendment)
June 20, 2022 Passed Concurrence at report stage of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 20, 2022 Passed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
June 20, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
May 12, 2022 Passed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (amendment)
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (subamendment)
May 11, 2022 Passed Time allocation for Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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Bloc

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

Madam Speaker, I will try to be brief. I congratulate my colleague on his speech and for talking to us about people like Céline Dion and Anne Murray, who we are all very familiar with.

Some artists are represented by organizations or agencies in the business. Other creative artists, authors and composers represent themselves, as I do. I have 80 to 85 songs written and released and I have never allowed them to be distributed on social media for the simple reason that I was concerned that someone would take them and that I would not earn anything from them, because they are my property.

What does my colleague think of these creators who are not really represented but who have just as much right to the revenues from their royalties?

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I learned that the member has a beautiful voice. Maybe at some opportunity I will get to hear it. I often find that songs sung in French sound a lot sweeter than it is when sung in English. I cite Happy Birthday as a good example. I look forward to maybe hearing her songs, and I applaud her having a strong character to ensure that her work is not stolen.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I rise on a point of order. Both the Conservative Party and the Bloc have confirmed that they did not agree to—

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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The Assistant Deputy Speaker Carol Hughes

Again, we are broaching the same subject matter that has already been dealt with before the House. I would caution the Conservative members from raising a point of order on a matter that has already been raised, which means that the hon. members are actually challenging the Chair. Is that what your intent is, to challenge the Chair?

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, no.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, I just walked into the proceedings, and I wanted to ask to see whether the Bloc—

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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The Assistant Deputy Speaker Carol Hughes

I am not going to entertain those anymore.

Resuming debate, the hon. member for Fort McMurray—Cold Lake has the floor.

Online Streaming ActGovernment Orders

June 20th, 2022 / 6:50 p.m.


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Conservative

Laila Goodridge Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, I will be splitting my time with the member for Perth—Wellington.

As members have heard through our debates over the last few weeks, Bill C-11 will set the stage for the federal government to have unfettered control in regulating what Canadians see on the Internet.

This expansion of the regulatory authority of the Canadian Radio-television and Telecommunications Commission, better known as the CRTC, to all audiovisual content on the Internet is a radical and sweeping move that really raises concerns around accountability, government overreach and the protection of individual rights and freedoms in this country.

I want to be clear: Bill C-11 is a bill that would give the CRTC the power to control what Canadians find and post on the Internet. It is a fundamental change in the way we do broadcasting in Canada or what is considered broadcasting. The very idea that the government intends to introduce licencing of the Internet in the same way that radio and television are licenced in Canada ultimately means that creators must obtain speech by permission from the government.

From the very beginning, Conservatives have been opposing the ideological agenda of this inflexible and regressive legislation. We have now and always will stand up for our arts and culture sectors, and now especially it is important for us to make sure that we are standing up for our digital-first creators, who are facing a lot of uncertainty about their livelihoods.

Many of these witnesses were not able to heard from in committee because of an arbitrary timeline that was set by the government. This is not just targeting so-called digital giants such as legacy news media, Google or Facebook. In 2022, anyone with a cell phone can be a creator and have an audience on the World Wide Web.

While the heritage minister has misleadingly claimed that Bill C-11 is about creators and about making more Canadian content available, and that it would actually even the playing field, what we have discovered in committee is that this is not true. If Canadians want to watch our world-class Canadian content, there is absolutely nothing stopping them, so there is no need for specific content to be spoon fed to us. If passed, Bill C-11 would not create an even playing field for our Canadian content creators. Instead, it would allow a government body to close off certain creators for the benefit of a select few, essentially hand-picking winners and losers. That is something that, on this side of the House, we disagree with.

In its current form, Bill C-11 does not protect individual online content creators. Instead, it burdens them with an abundance of draconian rules and regulations that they are ill-equipped and underfinanced to engage with. The regulations are through the roof.

While the NDP-Liberal government claims that there is now an exemption for user-generated content, this bill gives the CRTC the power to regulate any content that generates revenue, directly or indirectly. That means that non-commercial, user-generated content, like picking up a cell phone and creating a video, could create indirect revenue, which would then fall under the purview of the CRTC.

Artists, independent content creators and experts alike have all been raising alarm bells about the impact of these changes. I think it is really important to read some of the testimony that we heard at the heritage committee, such as what we heard from Oorbee Roy. She said:

Not only does this bill not help me. It also hurts me and actively undermines my needs as an artist. There's no language in the bill to tell me otherwise.

Frankly, I don't qualify. I'm just not the right fit....

I literally have never gotten a seat at the table—except now, as a digital creator, I'm getting a seat at the table. Representation matters.... Please don't suppress my voice.

I read this into the record because I think it is very important to make sure we understand that this digital space is still fairly new, so trying to over-regulate it, which is exactly what Bill C-11 does, could have long-lasting impacts.

It is important to highlight the fact that it expands the role of the CRTC to allow it to impose new regulations on platforms such as TikTok, Facebook and YouTube, and whatever new platform has not even been created yet. These changes do not have to be passed through Parliament. These regulations will impact all Canadians who use online content, but there is no power for us, as parliamentarians, to make decisions on this. It leaves questions as to what is going on.

I think the best way to continue to showcase the amazing contributions of Canadian creators is to safeguard the protection of their freedom of expression. We have to enshrine the right of a Canadian to express their opinions, create content and speak freely so our rich Canadian culture is accessible to all. Frankly, without this in place, I have no trouble finding Canadian content on the World Wide Web, and I think that is something that is really important. We have an amazing set of artists who get out there.

One of the big pieces, after spending many hours in the heritage committee listening to amendments being debated, is that we failed to see any movement from the government on having a real conversation. We were voting on amendment after amendment, not even reading those amendments into the record. There was no idea of what we were debating most of the time, other than for those of us who had our package in front of us. Anyone who was following at home were completely out of luck. They did not even know what we were discussing. That is not the transparency that Canadians request from their parliamentarians. This is not the level of debate we should be having in the House.

I understand that members opposite will say that, “Oh, this is because the Conservatives were filibustering.” We were raising valid concerns that had been brought to our attention. There are tons of witnesses who want to present on this very important topic who have been silenced by the government, the NDP-Liberal coalition. There are people who want to make this the best possible legislation that it can be.

Quite frankly, I do not believe that we are at the best. I think that it is incumbent on each and every one of us parliamentarians to send the bill back to committee because, ultimately, we can do better, and we must do better. Just because something is difficult, just because we have an arbitrary timeline because the government really wants to get it passed by the summer, does not necessarily mean that is what we should do.

The Liberals dragged their feet on the previous iteration of the bill and let it die on the Order Paper when they called an unnecessary election last fall. The fact is that somehow this is now a priority for them, and they are trying to ram it through Parliament, rather than have a serious conversation and inviting digital-first creators to have some dialogue to make sure these changes we are making are actually going to benefit the sector and benefit Canadians. Ultimately, is it going to be something we will be proud of?

I am quite concerned that what we are doing is actually changing what Canadians will see online without any debate, completely behind closed doors, and it has been very clear from the expert testimony that the bill would allow the CRTC to regulate user-generated content. That is why, through a series of vital amendments, the Conservatives tried, we really did try to work with members opposite, to fix the bill.

I get it that the members opposite like to say, “The big bad Conservatives don't support artists, and they don't support creators.” That is not true. As someone who grew up dancing, singing and in a band, I understand that there are a lot of needs of artists. I understand very clearly that this is something that is so important, but we have to do it right. We have to do the right thing for the right reasons, otherwise it is not right, and this is not being done for the right reasons at the right time in the right space.

I would urge all members to simply take the bill back to committee to allow us to have some meaningful conversation and debate on these amendments. At a very minimum, could we read the amendments into the record, so all members and everyone who was listening at home could at least know what we are discussing prior to us doing it? Also, there were errors when it came to translation. They were fixing the fact that the translation in the original bill was incorrect. That is how rushed the bill was. Not even the translation was accurate. That is just another example as to why we need to slow this down and send the bill back to committee to ensure that we have an opportunity to provide Canadians, especially those who create user-generated content, with the best possible bill.

Online Streaming ActGovernment Orders

June 20th, 2022 / 7 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, does the member not realize that the Conservative Party, for hours and hours, whether in second reading or in committee, went out of its way to try to kill the bill? The Conservatives do not like the legislation, so they brought in a huge number of amendments to the legislation as a way to, again, prevent the legislation from passing. Then this particular member stands up and effectively said, “We just want to make a few amendments to it, and then we'll pass it. We can make it a better piece of legislation.”

It seems to me that the member is maybe not even consistent with some of the remarks from some of her colleagues today. The amendment is to kill the bill. The Conservative Party does not support this bill.

I would ask the member this: Does she support the CRTC?

Online Streaming ActGovernment Orders

June 20th, 2022 / 7:05 p.m.


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Conservative

Laila Goodridge Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, it is awfully condescending of the member opposite. Despite the fact that there are many members in this chamber on his side, he constantly asks questions. He monopolizes the floor in here on so many occasions. For whatever reason, there are a number of members in here who are not allowed to speak. They are not allowed to ask questions, and so here we are. We are debating. We are trying to have a conversation here, and the member is concerned about trivial antics and trying to point fingers. I am here to try to make sure that Canadians have the best possible legislation, and that is exactly what Conservatives are going to fight for: the best possible legislation.

Online Streaming ActGovernment Orders

June 20th, 2022 / 7:05 p.m.


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The Assistant Deputy Speaker Carol Hughes

Before I go to questions and comments, I want to remind members having conversations, especially on this side, because it is so close to the mike of the hon. member who was speaking, that it is not kind to go back and forth while someone has the floor.

Questions and comments, the hon. member for Drummond.

Online Streaming ActGovernment Orders

June 20th, 2022 / 7:05 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I thank my colleague for her speech. I agree with her on one point, and that is that we did not have enough time. We should have had more time to debate the amendments. However, when there is a gag order, there obviously comes a time when the amendments are no longer being read. That is true.

This was raised many times by my colleague during the clause-by-clause study in committee. There are many things that should have been discussed. I assume that my colleague was present during clause-by-clause consideration because she is familiar with the bill and our concerns about it.

I would like to hear her talk about the very important amendment that we proposed regarding paragraph 3(1)(f). It is one of the amendments, one of the clauses in the bill, that I think is among the most significant. I would like to ask her about the amendment that we passed with respect to paragraph 3(1)(f) specifically, and hear what impact she thinks it will have on digital companies compared to traditional broadcasting companies.

Online Streaming ActGovernment Orders

June 20th, 2022 / 7:05 p.m.


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Conservative

Laila Goodridge Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, I thank my colleague for his question. I think that 142 amendments were proposed for this bill. There may have been even more than that.

I do not remember the details of every single amendment, but I think it would have been worthwhile to debate them. However, we were simply told which amendment number would be voted on, starting at 9 p.m. That was not okay.

That is not how things should be done, and I want everyone to support the idea of sending this bill back to committee.

Online Streaming ActGovernment Orders

June 20th, 2022 / 7:05 p.m.


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NDP

Laurel Collins NDP Victoria, BC

Madam Speaker, I have in front of me quotes from the Alliance of Canadian Cinema, Television and Radio Artists; from the Canadian Independent Music Association; from the Society of Composers, Authors and Music Publishers of Canada; and from many more. They are calling for this bill to pass. I am curious about why the Conservatives are using misleading statements about freedom of expression to protect the profits of the web giants at the expense of Canadian cultural workers.

Online Streaming ActGovernment Orders

June 20th, 2022 / 7:05 p.m.


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Conservative

Laila Goodridge Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, yes, there are many stakeholders who are in favour of seeing this bill pass, but there are at least as many, if not more, who are very concerned about the speed at which this piece of legislation is going through, the secrecy and the lack of accountability.

Honestly, we were debating amendments with no content until after midnight. Not even a phrase could be said about why we were voting on things. As I said earlier, there were amendments because the translations were wrong and there were amendments because the legislation was not drafted correctly to begin with, yet there was no context given as to what these amendments were. Therefore, it is incumbent upon us to make sure we have the best legislation and to send this bill back to committee.