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 often publishes better independent summaries.

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

March 30th, 2023 / 1:25 p.m.
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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, for all the Liberals' claims, Canadians understand that if this bill passes, the government will regulate what can be seen or posted online and control which videos they will see more or less often on their feeds.

After eight years, the government has lost the trust of Canadians. Transparency and accountability are not its strong suit. It avoids both at every opportunity, whether it is by providing inaccurate testimony in committees, refusing to allow witnesses to appear before a committee to shed light on very serious issues or refusing to answer questions in this place like who stayed in a $6,000-per-night hotel room during the trip to the U.K. for the Queen's funeral.

We can all understand why Canadians are dubious about the Liberals' intentions in introducing this bill. They see it for what it is, which is an unacceptable attempt by the government to target the freedoms of individual Internet users in Canada. This is clearly not a government that will be accountable to Canadians, and it cannot be trusted with the power of regulating user-generated content.

Lastly, Conservatives understand that government censorship of the Internet is something that happens in totalitarian societies, not free ones. That is why we have fought so hard, both in this place and in the other place, to amend Bill C-11 in order to narrow its scope and fully exempt the content Canadians post on social media. However, the Liberal-NDP coalition rejected those amendments.

After eight years, it is time for a government that protects free speech, protects consumer choice and encourages Canadian creators instead of getting in their way. A Conservative government would repeal Bill C-11 and pass legislation requiring large streaming services to invest more of their revenue into producing Canadian content, while protecting the individual rights and freedoms of Canadians.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:10 p.m.
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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, you stole my thunder.

I am pleased to have this opportunity to rise and speak to Bill C-11, the online streaming act, which, as we know, amends the Broadcasting Act and makes consequential amendments to other acts. I want to start by recognizing my colleague, the member for Lethbridge, who has done incredible work to bring to light the facts about the impacts this bill would have not only on the rights of Canadians but also on content creators here in Canada.

I will be splitting my time with member for Calgary Nose Hill.

This is an immense bill, as it would affect not only online streaming but also user-generated content online, including on social media. Let us review. The first iteration of this bill, Bill C-10, was introduced in 2020. The government claimed that the purpose of it was to modernize the Broadcasting Act and to make large online streaming services meet Canadian content requirements and to bring them in line with TV and radio stations. We have heard that again here.

In its original version, the former bill, Bill C-10, included an exemption for programs that users uploaded onto their social media or “user-generated content”. During the committee’s study, the Liberals voted to remove this exemption from their own bill and refused to allow the Conservatives to reintroduce it. The bill died on the Order Paper when the 2021 election was called, but was reintroduced by the government in this Parliament. Here is what it did.

Bill C-11 would create a new category of web media called “online undertakings” and would give the CRTC the same power to regulate them and would require them to invest in Canadian content, even though they would not be required to apply for licences. While the government put the exemption back in this new version, it went on to also include an exemption to the exemption, which made it effectively meaningless. Unfortunately, this is another bill that the government seeks to pass that would dictate to industries what is best for them, rather than listening to the experts and stakeholders.

Numerous experts such as law professors and former CRTC commissioners believe that this bill would threaten the right to free speech. As we know, section 2(b) of the Charter of Rights and Freedoms guarantees the right to free speech, which can only be exercised effectively if one has the ability to be heard. Law Professor Michael Geist explains this:

To be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions with the presentation of the content (including algorithmic outcomes). The government has insisted that isn’t the goal of the bill. If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.

The government wants to give bureaucrats living in Ottawa the sole discretion of determining what content should be considered Canadian and what should be shown to Canadians at large.

Setting aside concerns regarding free speech for a moment, this bill would also threaten the livelihood of individual content creators, artists and influencers who earn their living through the videos they post on social media and the advertising revenues that they generate. By their testimony, many fear they will not qualify under the CRTC’s rules promoting certified content. They are also afraid of the effects of regulation on their international audiences.

Canadian creators do not need the Canadian media industry to intercede for them to succeed. Canadians are already punching above their weight, and there are many success stories. The reason we have so many Canadian success stories is that we allow the creativity of Canadian creators to flourish. We do not throttle it with excessive bureaucracy or red tape.

In the current landscape, content creators rise to the top through the merit of their content. The Internet offers infinite opportunity for new creators to reach audiences worldwide, allowing small creators to build up audiences through their own creativity and determination.

The bill would seek to stifle that freedom, only allowing those creators that the government deems worthy to be seen. Instead of one’s search bar directing one to the content one is looking for, it would direct one to the content that the government has approved and wants one to see. This would be yet another case of government gatekeepers picking winners and losers based on their own arbitrary criteria.

It is important to note that the Senate made approximately 29, mostly minor, amendments to Bill C-11. This is why it is back before the House of Commons. The most significant amendment proposed would attempt to narrow the scope for social media regulation by adding discretionary criteria that appear to encourage the CRTC to focus on regulating professional audiovisual content rather than amateur user uploads.

While this makes the bill less bad, given that the criteria are discretionary, they do not change the powers of the CRTC to regulate social media or its discoverability powers. Besides that, the heritage minister has already indicated that the Liberal government will reject this amendment.

We should make no mistake: Homegrown talent and creative content here in Canada will no longer succeed based on merit. Content will be subject to a set of criteria that bureaucrats in Ottawa will use to determine its level of Canadianness, resulting in traditional art forms being favoured over new creative content.

Over 40,000 content creators affiliated with Digital First Canada signed letters calling for the discoverability rules in Bill C-11 to be removed.

Since the bill was introduced in its first iteration as Bill C-10, I have heard from many constituents who do not want the government dictating the content that they are allowed to see. They have written to me and expressed their shock and dismay at the government's attempt to control speech and online content.

They want the ability to find their favourite creators and enjoy the content that appeals to them. They do not want to see the favourite content of an Ottawa bureaucrat.

For all the Liberals’ claims, Canadians understand that if this bill passes—

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:05 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I share the member opposite's passion and her fondness for the nostalgia of boom boxes and cassette tapes. I still have some cassette tapes at home. My kids do not know what on earth they are.

What is critical is that this is part and parcel of a broader agenda of our government and, I hope, of this Parliament in terms of what we are doing to address the presence of digital platforms in our lives. We have Bill C-11 and we have Bill C-18. We are very committed to addressing online harms and online safety. In previous Parliaments we have addressed things like electoral advertising in online spaces.

Our commitment is to ensure that digital platforms that benefit from what they do in Canada and how they promote themselves or advertise in Canada, and that reap dollars from Canadian pockets, will also contribute back to Canadian communities and to the creation of Canadian content. That is a fundamental theme that informs all pieces of our legislation, and it will continue to do so.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:05 p.m.
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NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Mr. Speaker, I thank the member for sharing his information around the importance of us having Canadian stories at the forefront. I would be remiss if I did not quickly mention something applicable to the bill.

This April, Vancouver Island's annual film festival will be kicking off again. Last year, the then festival director Hilary Eastmure was talking to The Discourse, which is a local media outlet, about the importance of this film festival. She talked about the importance of local film being seen alongside films around the world. She talked about the importance of “smaller stories” and how they “reveal something really intimate about people's daily lives and challenges that they face.” She talked about the directors in last year's film festival, including three Iranian directors, two of whom were women.

I am wondering if the member could share a bit about why he feels the Conservatives are continuing to fundraise on misinformation around Bill C-11, instead of putting forward sound solutions that could move us forward with protecting and supporting Canadian cultural content.

Online Streaming ActGovernment Orders

March 30th, 2023 / 1:05 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I will not go back over all the reasons why we need to pass this legislation as soon as possible. I addressed this at length earlier in my speech.

It is hard for us to imagine this bill passing without the Quebec government weighing in in some way or giving its opinion. It appears that this will no longer be possible. However, the Government of Quebec has indicated its desire to weigh in on Bill C‑11.

Is my colleague aware of what the federal government plans to do to ensure that the Government of Quebec is involved in the implementation of Bill C‑11?

Online Streaming ActGovernment Orders

March 30th, 2023 / 1 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, my colleague went to some length to explain that Bill C-11 would not impact user-generated content, so my simple question would be this: Why would we not just accept the amendment proposed by the Senate to do exactly that? It would remove user-generated content from the bill. Would the bill not, thus amended, still have all the other positive effects the member is promoting?

Online Streaming ActGovernment Orders

March 30th, 2023 / 12:45 p.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of International Trade

Mr. Speaker, I am pleased to rise in the House.

As I rise today, it is a bit like Groundhog Day. I am rising to speak on Bill C-11. The reason why it is so familiar to me is because I rose to speak on virtually the same bill in the last Parliament, when it was known as Bill C-10. I am rising again today on this issue because, once again, it is before Parliament.

There are certain issues that perhaps do not transcend from one Parliament to another, perhaps they are more temporal in nature, however, this issue has only become exacerbated with the passage of time. The issue and the pressing need to address the Broadcasting Act, to modernize that legislation and bring it into the 21st century has become even more acute and more critical. Thus is the reason why it has been presented by our government and why it is being debated today, and being debated with urgency. I do believe that the passage of this type of legislation is urgent.

When we are talking about the Broadcasting Act, we are talking about fundamentally Canadian content. We just heard a very impassioned speech by my colleague from the Bloc Québécois, talking about the importance of promoting English Canadian and French Canadian cultural content. This has been a critically acute issue for Canada for literally decades. The principle reason is because of our geographic proximity to our friend and ally, a nation whose president was in this chamber literally short of a week ago, a cultural behemoth that has the potential to overshadow and really eclipse content that is being produced in other nations, including the nation that is its most proximate neighbour.

We realized this many decades ago, and that is why we put in place, as a government, as parliamentarians, protections for Canadian content, so we could have Canadian stories told, told via television, film and music. Those were important protections. Those protections were put in place in legislation that hearken back to a different era, when people received their content through things like the radio. It is not coincidental that in French, when people talk about the CBC, it is called Radio-Canada, because that was the principle medium for the transmission of communications, including entertainment at the time.

Radio and television dominated the landscape for nearly a century. However, things have changed. In the old era, what we would do and what we continue to do today is put, as a condition of a licence for a television or a radio broadcaster, that it must invest in Canadian culture and Canadian artists. That has produced significant results.

However, the status right now is very different. I will include myself as one of the Canadians who have changed. Times have changed. Canadians are not using cable very much anymore. I think I might be one of the rare households in this chamber that still has cable. I use it for watching things like the Toronto Blue Jays, and God bless them today on the opening day of the season. I hope they have great season.

Independent of sports, most people are consuming their content online, on streaming services. Streaming is everywhere. People stream on their phones, in their cars, on their televisions. Many people are enjoying this.

I was actually looking up some of the statistics, and it is quite startling. Right now, eight out of 10 Canadians, or 80% of our entire country, uses at least one streaming service. Just in 2016, one year after our government took office, that number was five out of 10. Again, I will include myself in the people on the outside looking in back in 2016. People would talk to me about streaming Netflix and I did not know what they were talking about. I am being quite honest.

Now, not only am I streaming Netflix, but we have a Disney account, and my kids want me to get Amazon Prime, which I really do not know about. There is a number of different streaming platforms that people are attracted to or are already using. Six out of 10 Canadians, or 60% of the country, subscribe to two platforms or more.

However, the basic point is that while we have, on the radio and television side, things like Bell and Rogers contributing to Canadian content, which is a good thing and it is something we want to continue, streaming platforms, such as the Amazon Prime, YouTube, Crave, Netflix and Spotify, are broadcasting to Canadians, using Canadian content to market to those Canadians, but they are contributing absolutely nothing to the flourishing and development of more Canadian content on their platforms. They do not have the same requirements applied on those platforms as are applied on standard radio and television broadcasters.

There is the problem. From a very basic perspective, what are we here for as parliamentarians, if it is not to identify problems and seek to address them for the benefit of Canadians. That is something quite fundamental, and I think all 338 of us try to do that every day, that we are privileged to hold these types of positions.

Nevertheless, the legislation has not kept pace. I found it quite fascinating that the last time the Broadcasting Act was amended was in 1991. I was in my second year of university at McGill at that time. I do not even think I had an email address at that point. I think I got one my fourth year. It was really long and basically never used, because in order to use it, I had to walk into a separate office on the west floor of the building to access something called email. At that point, the Internet was mainly the purview of the U.S. military that had invented it years before.

There was no such thing as smart phones. There was certainly no such thing as apps. We were living in a completely different world and that was merely, on my account, about 32 or 33 years ago.

Back then, given that landscape in 1991, the Broadcasting Act was perfectly useful and suitable to the landscape as it was then. It dealt with radio and television broadcasters, because that was where people found their content, and we ensured that those radio and television broadcasters were promoting Canadian content.

It is now 2023 and the landscape has changed dramatically in the last decade, but certainly in the last few years. What we are seeking to do with this legislative amendment to the Broadcasting Act is to ensure that we promote, and continue to promote, great Canadian stories dans la langue de Molière, mais aussi en Anglais wherever those stories are found.

This bill would give the CRTC the ability to require that online streaming companies that profit from playing Canadian content, including Canadian music, film and TV shows, make financial contributions to support Canadian creators. This is a critically important objective.

What I am equally pleased about with the bill is that if we are to reopen a piece of legislation, we may as well improve upon it. We are modernizing it to deal with this new online landscape. We are also doing something that is quite targeted and deserves some attention. We are promoting the diversity of Canadian creators. What do I mean by that? We are promoting indigenous creators.

I spent a lot of time in our first Parliament working on indigenous language protection when I was the parliamentary secretary to the then minister of heritage. What we heard, in all the consultations we did and in all the work that turned into what is now the Indigenous Languages Act, which thankfully got support from everyone in this chamber, every party, as it should have, was that in order to promote indigenous language, the restoration and revitalization of those languages, we needed to ensure that we were also supporting indigenous creators. This bill would do that. It is an important aspect.

It also addresses persons with disabilities. We talk a lot about changes to things like the accessibility act. We talk about the Canada disability benefit act that we are rolling out. At the same time, we need to ensure that people's sense of inclusion and understanding of persons with disabilities is enhanced by ensuring that persons with disabilities are seen and included in the Canadian content we all absorb.

The same can be said for people of diverse sexual orientation. The LGBTQ2 community is specifically mentioned in this legislation as a group of creators whose content we want to promote.

I will finish on this idea of other diverse creators, which is Black and persons of colour. As a racialized member of this chamber, this has been a weak spot for our country, quite frankly. Our Canadian content creators need to have an applied focus that directs them to enhance and empower the voices so Black persons and persons of colour can see themselves reflected on what they are consuming on television, in film and on musical platforms when they are streaming. It is important for all Canadians to be able to see themselves in the content.

I need to address an issue that was raised repeatedly in the last Parliament and it has been raised repeatedly during this Parliament about this bogeyman of restricting freedom of expression. I have two broad responses to what I feel is an improper and incorrect attack on this legislation.

It is logically flawed to posit that this is a challenge to freedom of expression. It is also inaccurate in terms of the substance of the bill. It is a logical flaw.

On the logic of this kind of argument, the fact that we have been promoting, for decades now, through financial contribution requirements, things such as radio and television broadcasters, those promotion efforts would have restricted or diluted the creation of Canadian content as opposed to enhanced it.

We know for a fact that the enhancement has occurred by ensuring that broadcasters, in that physical and traditional context, are required to apply money and funds from their profits toward the creation of Canadian content. We have had, on the musical side, the Arkells and The Tragically Hip. We have had Rush and Drake from my city.

On the television side, we have had everything from the Beachcombers to Kim's Convenience and everything in between.

We do not get those great Canadian success stories without that applied directive to ensure there is financial enhancement in the industry by broadcasters to support creators. Therefore, with that simple logic, if this model were flawed, it would have diminished the amount of Canadian content as opposed to enhancing it, and the same reasoning applies here.

The same would apply for ensuring that online streaming companies are classified as broadcasters. What we will see, far from diminishing Canadian expression, is enhanced Canadian expression. What do I mean by that? It is going to compel the Amazon Primes, Netflix and the Spotifys of the world to ensure that they are making Canadian content discoverable and are contributing monetarily from their very healthy bottom lines, balance sheets and profits to the creation of more Canadian content. That is a good onto itself.

However, the argument on the challenge of freedom of expression is flawed even in terms of the bill itself. If there is one thing that changed between the last Parliament and this Parliament is that, although the framework of the bill is the same, and we heard this argument so many times in the 43rd Parliament, we went to great lengths to ensure that there would be multiple provisions, not just one, that stipulate that this bill was not about restricting freedom of expression.

The bill would not dictate what Canadians can see and do on social media. The bill explicitly excludes all user-creator content on social media platforms and streaming services. Those exclusions mean that the experience for users creating, posting and interacting with other user-generated content will not be impacted whatsoever. Multiple clauses in the legislation explicitly state that the regulations the CRTC imposes on platforms through the Broadcasting Act cannot infringe on Canadians' freedom of expression on social media. Provisions indicate that the act would not apply to uploaded content.

All regulatory requirements and obligations in the bill would only affect the broadcaster or the platform and never the user or the creator. For the individual Jane and John Doe in their basement seeking to upload something, create a music video or put something online about how they are playing the guitar, how their guitar level is increasing or singing a song and uploading it online, this does not speak to them. It speaks to the Amazons and Spotifys of the world, and that is an important delineation that has been emphasized by the text of the legislation.

Why is it important to support these creative industries? It is critical. Not only is it about the value, which I indicated at the outset of my comments, it is about the importance of telling Canadian stories particularly when we are threatened by a sea of non-Canadian stories from our neighbour south of the border. It is also important when we think about what Canadian creators, many of whom I am very privileged to represent in Parkdale—High Park, do for us as a nation.

During the pandemic, we heard extensively about the contributions of Canadian creators to Canadian society. When people were going through difficult times, when there were higher levels of anxiety and depression through lack of physical contact with one another, it was our Canadian creators who were there to support all of us, to tell stories and support us in some of our most troubling times as nation, literally since probably World War II.

Those creators are also economic contributors to Canada. It is not just the people who actually make the film, direct, act and produce the screenplay, it is not just the people picking up the instruments or microphone, it is a whole host of supplementary supports for the industry that contribute to the economic uplifting of Canadian society. For no other reason than the economic benefit, I would hope His Majesty's loyal opposition would support the bill for the economic productivity that stands to be gained by this type of legislation.

It is really important to look at the host of cultural creators who have lined up in support of this bill: The Canadian Association of Broadcasters, ACTRA, SOCAN. I will read what Alex Levine, the president of the Writers Guild of Canada, has to say. He says:

Private, English-language Canadian broadcasters have reduced their spending on Canadian television production every year for nearly a decade, while foreign streaming services have taken over more and more of the Canadian market. This threatens our whole industry, and the tens of thousands of jobs it supports. Canadian broadcasters have long been required to contribute to the culture and economy of this country. It’s time for global streamers profiting in Canada to be held to the same standards.

Mr. Levine is talking about levelling the playing field. It is a very simple concept. If something benefits from Canadian content and access to the Canadian market, it needs to contribute to the Canadian content it is benefiting from. It is as simple as that. By pursuing a level playing field and modernizing this legislation, we could bring the Broadcasting Act into the 21st century. For that reason, I hope every party in this chamber will support this legislation.

Online Streaming ActGovernment Orders

March 30th, 2023 / 12:30 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I have the honour of rising to speak to Bill C-11 for the second time. I gave a speech about it about one year ago.

We have been talking about this for a long time. My hon. colleague from Trois-Rivières is not here today, but I often have conversations with him. He always gives very brilliant speeches, choosing his words carefully and speaking with intention. He told me about a word that aptly describes what is being done with Bill C‑11: “lantiponner”. I do not know how the interpreters are going to translate it, but it means to fool around, to hedge, to delay, to procrastinate, to quibble needlessly when the issue at hand is urgent.

I think that this word is fitting because we have been back and forth on this issue for two or three years. People have been waiting 30 years for a bill that addresses the challenges of our time in order to support our artists.

One year ago, I gave a speech in which I spoke at length about culture and also about the fact that this bill is important because it helps minority cultures, the world's small cultures, stand up to the platforms that threaten to steamroll over them. That is very important when we fight for a small culture. With respect to language, Pierre Bourgault once said that when we fight for the French language in Quebec, we fight for all the minority languages in the world.

This is the type of challenge we are facing when working on Bill C‑11. I talked about culture in that speech, but today I feel like taking a more personal approach and talking about my artist friends. Thirty years ago, before becoming a member of Parliament, I attended the National Theatre School. Artists are my friends. I love them. In fact, I do not just love them; I adore them. They are my brothers, and they have very difficult living conditions. The situation of artists is very precarious. We need to do everything we can to support them because artists are the heart of who we are. They add spice to our lives. I do not know whether my Conservative colleagues have ever tried to do the test. At one time, there was a campaign to raise awareness of the importance of culture in our lives. The test was to try to see if you could get through an entire day without listening to the radio or music or watching TV or a movie.

Let us try to see what life would be like without music, movies and television series, without all of these things that reflect our stories, our ways of living, our traditions, our values, our interests, the things that basically show who we are. Let us try that just for a day so that we can understand the value of artists and what they bring into our lives, this very special way of seeing things. These artists need our help. They need our support.

I will now talk about an artist who is famous in Quebec, Sylvie Drapeau. She is a friend of mine. She may be the greatest stage actor of all time in Quebec, and perhaps even in Canada. She is absolutely sensational, extraordinary. When you see Sylvie Drapeau on stage, you remember her. She did a solo performance at Théâtre du Nouveau Monde, or TNM, a few years ago, and it was a rather personal and remarkable tour de force. There was a time Sylvie Drapeau was in five plays in Montreal a year. She performed at all the major theatres and played all the major roles. She would perform Shakespeare at TNM in the evening and rehearse Chekhov at the Théâtre du Rideau Vert during the day. She would then perform Chekhov in the evening and, the next day, rehearse Marivaux or Molière at TNM—and she always had the lead role. In the middle of all that, she would fit in a play by Racine and do a bit of television, if she had the time. Playing a lead role on stage for two or three hours and rehearsing another play every day takes a lot of energy.

We are talking about a remarkable actress. We are talking the Wayne Gretzky of theatre. We could also say Maurice Richard, as one of my colleagues mentioned.

We have heard our Conservative friends talk about culture as if it started and ended with Tom Cruise, the red carpet and the Oscars, but that is not the case. There is a whole world out there. I know some of the people in it, they are my friends. They are creating art. They are producing remarkable works that need to be seen and appreciated. With Bill C-11, we can fight for the artistic ecosystem. All of these actors, creators and writers are part of artistic life in Quebec, across Canada and around the world.

Even when she was playing the five roles I mentioned, as well as all the starring roles in the repertoire, Sylvie Drapeau was earning $35,000 a year. It is important to point that out, because there are a lot of people like that, whether we know their names or not.

The Conservatives have a rather narrow vision of the arts. I would just like to remind them that, in Quebec, 80% of the members of the Union des artistes earn less than $20,000 a year. Only 1% of those members make more than $100,000. When someone tells me that an artist’s life is all cocktails and glamourous premieres, I say no, that is not true.

I know a thing or two about it myself. When I graduated from the National Theatre School of Canada in 1987, I wanted to change the world through theatre, and I know plenty of people who had the same goal. They dreamt of changing the world through films and plays. I am talking about actors, but there are also dancers, singers, and other artists who want to put on productions that move people, that speak, that touch the heart and soul. At the very least, we need to help these people pay the rent.

When I left the National Theatre School of Canada, I wanted to change the world. I started a theatre company called Béton Blues. I worked for two years with two or three colleagues to start a company and apply for grants to keep it afloat. I had never done that in my life. After filling out grant applications, we needed to get to work to try to get money from major private donors.

That was something. I remember the first time I called Hydro‑Québec. We had prepared a highly researched document to tell its representatives that they should give us money because we were young creators of the future and what we were doing was very important and that our plays would really move people. It had to be sent to the person in charge of arts and donations at major corporations. Then, we had to call to ask them if they were going to give us the money. I was not prepared. I did not know what to say to these people. I remember calling a gentleman at Hydro‑Québec. I was on the phone with the person in charge who could give us $2,000 for our performances. I just asked whether he had any money or something like that. We had no idea how to do it but we did it.

Essentially, what I am saying is that this was important work to me. I worked for two years. Ultimately, we put on a show. We adapted As You Like It, a play by Shakespeare, in the Old Port of Montreal's hangar number 9, now home to an IMAX theatre.

It was a kind of like a big warehouse spread out over 300 feet. It was an absolutely stunning sight. We had nothing. Four sets were used in the show. People arrived and the show began with 20 minutes in one spot. Then, the back of the stage would open up to reveal 300 feet of space and three more sets. The audience would move around, following us.

I will talk about this show in another speech because I think it was remarkable. We really made headlines with that show in the spring of 1988. All that to say, I worked on that show for two years. Can any of my colleagues guess how much money I made? I made $1,200 for two years of work.

In that case, it was my decision. However, all my friends, all the actors, writers, directors, set designers and decorators, all these people who are planning shows in Montreal, Toronto, Vancouver, all these artists who are struggling to make ends meet—we have to support them.

That support begins by voting for Bill C‑11 so that it can pass as soon as possible.

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March 30th, 2023 / 12:30 p.m.
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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I have a lot of questions about what we have been hearing from the Liberal side today.

Let us forget about Bill C‑11 for a second, because I think our colleague has set the record straight. He reminded us that it was actually the Bloc Québécois that proposed fast-tracking it two years ago because of a likely election, meaning the session would end.

There has been talk equating being in favour of proposed legislation with being in favour of using a gag order to get it done. I am very concerned about that. We are talking about rights and freedom of speech. I am also concerned about the rights of parliamentarians. We represent the people.

The fact that some are equating the two is concerning to me. Should gag orders be the norm? I believe that is what is being suggested.

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March 30th, 2023 / 12:15 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I did not think that we would make it to this point. Sometimes when we are expecting a quiet day, we realize that there can be a lot of excitement in the House.

I want to begin by saying that I will be sharing my time with my very entertaining colleague from Longueuil—Saint-Hubert, which means things will be relatively calm and composed for the first ten minutes and then they should get a bit more exciting once he takes the floor.

To begin, I would like to say that I am not exactly disappointed we are approaching the end of our study of Bill C-11. We are considering the amendments proposed by the Senate. I suggest that members mark the date on their calendar because, as a Bloc Québécois member, I commend the thoroughness of the work done by certain senators. I know that some of them really took to heart their task of proposing amendments and improving a bill that, I admit, could still use some tweaking. I would like to acknowledge the dedication of those who took the work seriously and tried to change things by returning a document that they believe is better. There is a reason why the government accepted a great many of the proposed amendments in its response. The amendments passed the test and will appear in the final version the House returns to the Senate. I commend this work.

I also want to acknowledge the work of all the members of Parliament who worked on Bill C-11, formerly Bill C-10. I would remind members that the bill was introduced in November 2020. That was quite a while ago. When the bill was introduced, the cultural industry and the Quebec and Canadian broadcasting system had already been awaiting it for decades. The Broadcasting Act had not been updated since the early 1990s.

I already mentioned I was working in radio back then. At the time, we had cassettes that we inserted in cassette players. We played CDs, and some stations still played vinyl records. Young people can do an online search to see what a vinyl record looks like. All this to say that, today, we no longer know what the equipment looked like, given how much the industry has changed. The technology, recording methods and ways of producing and consuming culture have changed in surprising and unexpected ways over the past three decades. There is no reason to believe things will be any different in the next three decades. That is why we need to implement a flexible broadcasting law that can handle the technological changes we will see in the years to come.

Today there is a lot of talk about artificial intelligence, and we are already questioning that technology because we are concerned about where it will lead. We do not know what broadcasting will look like in the coming years. That is why we need to implement a flexible broadcasting law that can adjust to change.

One of the Bloc Québécois's proposals was retained by the Standing Committee on Canadian Heritage and found its way into the version of Bill C‑11 we are currently studying. It was the proposal that we should not have to wait another 30 years to revise the new act. It is a sunset clause. Every five years, we will be required to reopen the act and see whether it is still sufficiently up to date. I think that it is a responsible and intelligent provision that will make us do our job properly.

Every time I have spoken about Bill C-11, the underlying concern has always been Canadian culture. Francophone Quebec culture is what really matters to the Bloc Québécois, but we did not limit ourselves to proposing amendments and improvements to Bill C‑11 just for the benefit of Quebec culture. Of course, that is what is most important to us, since it is in our nature, but our proposals to promote Quebec culture will have an impact on all French-speaking Canadians.

We stood up for francophones across Canada, and everyone will benefit. The Bloc Québécois made substantial improvements to Bill C‑11. Thanks to these improvements, consumers will be able to find content produced by Quebec creators, artists, singers and songwriters on digital broadcasting platforms, just like they hear it on the radio. They will also see our talented creators' work on video streaming platforms such as Netflix and Disney+.

That is huge, because right now, we are under-represented on those platforms.

There is a lot of disinformation circulating around the concept of discoverability. The Conservatives came up with this idea that web giants would be required to tinker with their algorithms in order to force Quebeckers and Canadians to watch one type of content rather than another, or to stop them from watching one type of content rather than another. I do not understand how Quebeckers and Canadians could swallow such claptrap.

That is not at all what these regulations will do. What they will do is showcase our culture, our industry that generates billions of dollars annually. This will enable it to keep thriving in this new realm, which will also continue to evolve. We need to make room for our culture.

Discoverability is not a matter of imposing content on people, but of making content available. Take the playlist of someone who listens to Bryan Adams. I may be showing my age with that example. Perhaps I should have said Justin Bieber. Why not show that person some francophone artists? They are only suggestions. This is just about suggesting that culture. That is all.

Right now, the cultural industry is losing millions of dollars a month because there are no regulations requiring web giants to contribute the same way broadcasters and cable companies have contributed in the past. In addition to the tens of millions of dollars in lost advertising revenue, there are also tens of millions of dollars in royalties that artists are not receiving.

That is what Bill C-11 will fix. It will force web giants to follow the same rules as traditional broadcasters. I do not see how anyone can be against making billion-dollar companies like Netflix, Apple TV+, Disney+, Amazon Prime Video, Spotify, YouTube and Apple Music contribute to the industry they are making their money off of.

This industry is not just made up of CEOs and big-shot producers. There are also people like self-employed cultural workers, film crew and recording studio producers. Many of them left the industry because they knew that it would take time for things to get back to the way they used to be, especially because of the pandemic. If, on top of that, we do not enact regulations to promote investment in the sector, they will never return, and we will lose an incredible valuable resource.

Remember, I am talking about hundreds of thousands of jobs in Quebec and Canada. Culture and broadcasting represent billions of dollars in revenue. To me, it is a no-brainer that those who benefit should also contribute.

We are finally approaching the end of our study. We will be sending our response to the Senate. I hope that the senators will waste no time doing what we expect them to do, that is, ratify what is coming so that the web giants have to contribute and that our cultural industry can prosper and continue to show the world what it means to be a Quebecker or a Canadian.

Our culture is not American, Chinese or European. We have our very own culture, and it is up to us to protect and showcase it. That is what this bill is all about.

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.

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March 30th, 2023 / 12:10 p.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I listened to the speech of the member for Winnipeg North maybe a little more intently today than I have in the past. He claims in his comments that this will not limit individual content created.

On Twitter, a couple of days ago, Mr. Michael Geist said, in response to a previous intervention from this member, that the member “is just plainly wrong. Independent Senators, former CRTC chair, and many experts all agreed: Bill C-11 gives the CRTC the power to establish certain regulations involving user content. The Senate tried to fix. [The minister] rejected it.”

Cody from my riding is an indigenous entrepreneur from Flying Dust First Nation, and he shared with me that his very successful business is going to be unfairly impacted by Bill C-11, unless this is changed. That is because of the way the online marketing and social media algorithms to grow his business across Canada and the United States would be affected.

Why would Cody believe this member, who has a very partisan interest, instead of the former head of the CRTC, who has nothing to gain from this?

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March 30th, 2023 / 12:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member raised a couple of important points.

One is the issue of Canadian content, and let there be absolutely no doubt that Canadian content would be dramatically and positively impacted as a result of Bill C-11 and its passage.

The other point is about the member's reference to his own constituency and the $18 million. I think people underestimate the size of the industry, which, for all intents and purposes, is being developed and growing virtually in all regions of our country. We are talking about an industry that has so much potential, and that is one of the reasons why it is so very important that we pass this legislation.

In a minority situation, the government needs to have at least a partner to pass legislation, and I am grateful that the NDP has chosen to support this legislation.

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March 30th, 2023 / 12:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, if my memory is correct, I understand that the Quebec legislature has actually passed unanimous motions in support of Bill C-11. I believe that to be the case; I could be wrong. At the end of the day, there is no doubt that within Quebec there is widespread support for the legislation. The minister, no doubt, will continue to work with the province very closely, as he has in the past.

At the beginning of my comments today, I made reference to my surprise that the Bloc did not support closure. Thankfully, the NDP did; otherwise, there is a very good chance that this legislation would never pass the House of Commons, because the Conservatives' intent is not to allow the legislation to pass. They have made that amply clear to us.

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March 30th, 2023 / 12:05 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I must say that I listened with great interest to the beginning of my colleague's speech. I soon lost interest, because it was redundant. It was just another empty speech that meant nothing and went nowhere. All it did was lay blame and point fingers.

This is from a member who spends all his time wearing out his seat here in the House of Commons and very little time doing something, anything, to help advance bills in committee. I found it a bit rich to be accused of delaying or obstructing the progress of Bill C-11. The Bloc Québécois is the party that has probably done the most to advance and improve this bill to ensure it reflects the reality of francophones in this country. The member for Winnipeg North has some nerve, to say that the Bloc is stalling the bill. That is nothing short of insulting.

Quebec made some requests under very exigent circumstances. I will, however, ask my colleague a polite question, because we try to remain as civilized as possible in the House. Quebec asked to be consulted as soon as any regulations affecting Quebec broadcasting or francophone cultural content are developed. There has not yet been any response from the government. We are preparing to vote on Bill C-11 this evening under a closure motion. The Bloc will vote in favour of the bill, but there is still some work to be done.

What will the government do to respond to Quebec's legitimate requests?