Bill C-11

Online Streaming Act

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

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Online Streaming Act

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, every time someone disagrees with the government, its members call them on integrity, where integrity really is not a favourable commodity on that side, since they took office in 2015. The hon. member is really calling on the fact that the bill is so good that Canadians will never have had it better. Now, there are so many voices around Canada, some professionals and some academics, that disagree with his claim about the guarantee he is giving Canadians about how good Bill C-11 is. What would he tell these people about how much concern they have for a bill that has been going back and forth in this House for so long? That tells us a lot about how bad the bill is and how bad and dangerous it would be for Canadians.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I trust the time spent on the point of order will be deducted from my speaking time on the issue.

Bill C-11 is in fact relevant, because the Conservative Party is refusing to pass it when the government has a restricted amount of time to debate its agenda and show leadership, which is what Canadians expect of the government. Conservatives might not care about what Canadians have to say, but this is a government that does care. When we are dealing with the agenda of the House of Commons and Bill C-11, there is an expectation that they will at least recognize that, although we are in a minority situation, the official opposition has a responsibility to behave in a responsible fashion and recognize that there has been ample debate on the issue.

This is legislation that makes a difference. Specifically, it will bring online streaming services under the jurisdiction of the Broadcasting Act.

I made reference to the Broadcasting Act in a question I had posed a bit earlier. Things have changed. The last time there was any significant change made to the Broadcasting Act was in the early nineties, when Netflix, Disney+ and Crave did not exist. This legislation levels the playing field. Why should the mainstream CTVs and CBCs, whether with respect to radio or television, have to comply with CanCon, but those other platforms do not?

There is this thing called the Internet, which has changed the dynamic. If we look back at 1991, and then look 30 years later, many technological changes have taken place. I say that to emphasize to my Conservative friends that they should be living in the real world and should understand that because of those changes there is a need to modernize the legislation. That is what this bill does. It levels the playing field and modernizes the Broadcasting Act to ensure that Canadian content is available on the Internet in a very selective way. However, what it does not do is what the Conservatives are telling Canadians.

This is interesting. On Monday, I was speaking on the legislation and talking about the misinformation the Conservative Party continues to put on the record here in the House and also tells Canadians. When I commented on how the freedoms of Canadians would not be limited in any way whatsoever by Bill C-11, this is what the Conservative critic had to say.

Immediately following the comments I made, the member for Lethbridge stated:

There is nothing progressive about censorship. That is exactly what this bill is about. It is about censoring Canadians and what they can see, hear and post online. It is about censoring artists, whether they have access to an audience and to what extent that access is granted.

Let me give a clear indication of some of the comments that I made. I said, just before she spoke, talking about what is actually in the legislation, that Conservatives have to stop spreading misinformation, whether it is in the chamber or publicly.

I said that this bill would not “impose regulations on the content that everyday Canadians post on social media...impose regulations on Canadian digital content creators, influencers or users.”

Here is a big one. I said this to the member, who was listening attentively, because she was going to be speaking right after me: “It would not censor content or mandate specific algorithms on streaming services or social media platforms” or, and here is where I would like to underline it, “limit Canadians' freedom of expression in any way, shape or form.”

How much clearer can we be? Yet the member stands in her place and gives this misinformation.

One has to ask: why? What is the motivation of the Conservative Party? It is definitely not in the best interests of Canadians, I will say.

If it were in the best interests of Canadians, I suspect that Conservatives would approach Bill C-11 with, at the very least, a little bit more integrity and honesty. I suspect that one would see more sympathy toward our artists and creators and a basic understanding of the importance of modernizing the legislation. I would suggest that the Conservative Party is not doing what is in the interests of Canadians.

The Conservatives are appealing to that far right group of people from whom they are hoping to raise money. They are using this legislation as a fundraising tool. They are saying that it is about freedom, that the government is going to take away one's freedom, that it does not believe in freedom of speech and it is going to prevent people from uploading wonderful videos of their cat or dog or all of these wonderful things in their community.

They are telling Canadians that the Government of Canada is going to limit their freedoms and the only way to prevent that is to donate $5, $100 or $500 to the Conservative Party of Canada. That is their motivation. It is more about how they can use this to ratchet up the rhetoric to generate funds and to get people angry.

That is what this legislation is really about, according to the Conservative agenda. It is not about what is in the interests of the industry.

That is why I was so surprised with the behaviour of the Bloc today. In talking about the legislation, the Bloc has been fairly clear. It talks about how the industry, Canadian content, is so critically important.

If one has a love for the French language and wants to recognize Canada as a multicultural society and wants to see our heritage reflected as much as possible, through all forms of media, this is the type of legislation one should be getting behind, because it promotes French. It promotes Canadian culture and heritage. It puts in place more opportunities for Canadian artists, whether they are from my home province of Manitoba, the province of Quebec or any other jurisdiction.

We have some amazing talent in every region of our country. This legislation is going to support and enhance those opportunities for those Canadians to share that talent and to make a better living off those talents.

This bill would create opportunities for more employment in our communities. There are industries that are very much alive today as a direct result of policies like the Broadcasting Act and organizations like the CRTC that contribute to our heritage. We can follow the discussions and look at what is being said inside the chamber. The NDP; the Bloc, halfheartedly; and obviously the government have recognized the true value of the arts community in making up our identity and contributing in so many ways to our society.

I made reference just yesterday, or the day before, to Folklorama in Winnipeg. For that young artist who is provided the opportunity to perform in Folklorama in Winnipeg two weeks every summer, it is a beautiful place. Every member of the House should be visiting Folklorama, and I often talk about it inside the chamber. That young individual will be rehearsing throughout the year. It becomes a part of their identity, because they have a dream of being an artist, whether it is a singer, an actor or a combination thereof. Legislation such as this will enhance future opportunities for Canadians from coast to coast to coast.

It is about levelling the playing field. It is about ensuring Canadian content, so there is a better reflection. I sure wish the Conservative Party would stop saying this, not only inside the House but more importantly outside the House. What the bill would not do is limit Canadians' freedom of expression in any way, shape or form. This is not a bill about freedom.

This is legislation that should have passed. It does not need to be thoroughly debated any more. We realize if we did not bring in closure on the legislation, the Conservative Party would continue to debate this legislation indefinitely. We would not be able to pass it in 2023 nor in all likelihood in 2024. That is the reason we have to bring in closure on this legislation.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, I rise on a point of order. I would love to have a debate on the budget right now, but we are debating Bill C-11. It is a comprehensive bill. I hope the member will speak to it on his fifth, sixth or seventh iteration, as he speaks on it more than anyone else. I just hope he can stay on the subject a little longer before—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, a Conservative member across the way just said “hear, hear!”, supporting that it did not pass. The Bloc needs to realize that the Conservative Party of Canada does not want this bill to pass. The Conservatives believe it is about freedom. They believe it is about censorship. The Bloc, much like it has been conned in the past on issues in the budget, is being conned by the Conservatives once again on this legislation.

I have seen the Bloc vote in favour of time allocation, even for closure. Bloc members have said that if it is a priority for the Bloc or a priority for Quebec, they will vote for it, as it is a benefit to Quebec. How does the province of Quebec benefit from allowing the Conservative Party to debate this bill endlessly? The Conservatives have made it very clear that they do not want the legislation to pass.

The only members of Parliament from the province of Quebec standing up for the passage of Bill C-11 are in the Liberal caucus, with one member from the NDP. I was surprised at the manner in which the Bloc chose to vote today.

Nothing has changed from the government's perspective. From the government's perspective, this is important legislation. It has been thoroughly debated. We are talking about hours and hours of debate. The bill has seen record amounts of debate in the Senate too.

This bill has gone through first reading, debates at second reading and debates, discussions, questions, answers and amendments at the committee stage. Then it came back to the House for report stage and third reading, and again there were debates. It was then sent to the Senate. The Senate had debate, it went to committee and they came up with a number of amendments. The Minister of Health made reference to the fact that we are talking about a historic number of hours. It is one of those bills that, considering the history of the Senate, has had so much discussion.

I want to highlight the fact that the Senate took its time in going through the legislation and looking at ways to add strength to it. Most of the amendments being proposed by the Senate to make changes after the efforts it put into the legislation are in fact being adopted by the government.

The bill had thorough discussions, debates and amendments, both in the Senate and in the House of Commons. However, because changes were made in the Senate, there was a need for us to bring forward the legislation once again in the House of Commons.

Let us look at the debate that started just the other day. The Conservatives are making it very clear that they are not going to allow the bill to move forward, because they have more members who would like to speak to the legislation. They have gone out of their way to prevent this legislation from passing, even with all the debate, questions and amendments that have gone forward.

Canadians have priorities that are reflected in the types of things the government is doing. The budget was just released yesterday, and we all have things we like about it. I like the fact that we have a grocery rebate. We are providing an opportunity for Canadians to get relief from inflation by providing them support and giving them more money in their pockets so they can deal with the cost of groceries. These are the types of debates we should be having inside the chamber.

In the budget yesterday we talked about a dental plan, and ensuring it will be there. If we look Bill C-11—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the Bloc should be uncomfortable about this. Had the Bloc's will prevailed, we would not have had closure on Bill C-11.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I rise on a point of order. My colleague from Winnipeg North, who just started his speech, is speaking as if we were still debating the closure motion.

I simply want to tell the member that we just voted on the closure motion. We can now talk about Bill C-11, which is before us today. The vote is over, and there is no need to insist on the subject.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, what a pleasure it is to rise again on important legislation that in essence sets the framework of where we need to go to support our creators and artists from coast to coast to coast.

Before I get into the substance of the legislation, I want to provide a commentary on my disappointment in the Bloc. Bloc members like to talk about how they believe in culture and heritage and how they want to protect the interests of the arts community in the province of Quebec. However, the only members of Parliament from Quebec whom I saw stand up today to ensure this bill passed were the Liberal members of Parliament and one NDP member of Parliament. Whether they were Bloc or Conservative members of Parliament from the province of Quebec, they sent a message that they do not support the passage of Bill C-11.

Let us be very clear. Conservative Party members have said they do not want to pass Bill C-11. They have been crystal clear on that.

The House resumed from March 27 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.

Motion that debate be not further adjourned

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Madam Speaker, a little earlier my colleague opposite spoke about the arts community in his riding of Quebec City. Those artists support the bill. I can attest to that because I recently attended a meeting of the Union des artistes in Montreal. The artists are currently renegotiating agreements with producers on different platforms and in the film industry. I spoke at a meeting of the Union des artistes, where I said that Bill C-11 would soon pass and that there would likely be more money for artists. Obviously, Quebec artists support this bill. Not only do they all support it, they cannot wait for it pass.

Could my colleague talk a little more about the importance of passing this bill as quickly as possible?

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I want to comment on the amount of conspiracy theories on the other side of the floor that keep being presented, along with misinformation and disinformation on Bill C-11.

The responses on this side of the floor have come in reaction to witnesses who have come to the House, to us, to other individuals and to the committee. The truth of the matter is this. I believe the concern on the other side of the floor, and the reason the Liberals want to shut down debate, is because, just like on other issues where we have been attacked as having conspiracy theories, the world is definitely finding out the truth on all of these issues. That would apply to this one as well, because those very methods of getting information, outside of what the government would like to see as the source, are revealing a great deal of truth about these issues. Yes, the CRTC needs to be improved, and I totally agree with that, but it needs to stay out of this realm.

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Madam Speaker, before I begin, I just wanted to acknowledge the fact that when we are calling on people to ask questions, we look at the proportionate representation that we have in the House for those who are standing and asking questions on the opposition side.

First of all, I want to comment that this is shutting down debate on Bill C-11.

Yes, there were comments that this has spent a lot of time in both the House and the Senate. However, that is because the bill was so poorly planned and poorly written. That is why there has been so much debate and so many amendments on the bill: It is just so awful.

What has happened now, just to make it really clear, is that the amendments have come to the House, but the government has turned down those amendments going to committee. Therefore, there is no opportunity for the public to comment on any of the amendments.

It is also very interesting that the minister who is here answering questions today on Bill C-11, a Broadcasting Act and Internet-related bill, is the health minister.

Rather than listening to all the people who had testified on this, all the digital content creators, the experts or the academics, he commented that his response was solely about how this would help organizations in his riding. That was very interesting.

My question is: Why are you shutting down debate and not allowing this to go to committee so that you can hear from Canadians?

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

Madam Speaker, I cannot tell the hon. minister how distressed I am to see the hon. Minister of Health defending closure on debate on a bill that has nothing to do with his portfolio. Everything about closure offends basic democracy within Parliament.

I have said this before, and I will say it again. When I was first elected in 2011, I watched the then Conservative majority start the process of using closure on almost every bill. Sitting over there, my colleagues in the Liberal Party and I bemoaned and railed against this horrible abuse of our democratic process in Parliament. They did so only to turn around and use closure as often and then more often than the previous government did.

I do not particularly enjoy the debate on Bill C-11. It is not a battle of wits but a disinformation campaign versus facts. However, the reality is that every MP in this place has a right to debate, and closure is wrong.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, there is no doubt that Bill C-11 is needed. We have seen a hemorrhaging of our artistic and cultural sectors. We have seen the loss of thousands of jobs. What Bill C-11 would do, in effect, is allow for more support for our cultural sector and more ability for Canadians to find Canadian content, to actually see Canadian artists and hear messages from other parts of Canada. This is absolutely essential.

That being said, two parties have approached this differently. The NDP approach Bill C-11 with the idea of improving the bill. We brought in important amendments to uphold the freedom of speech, to ensure indigenous peoples and racialized Canadians would be a bigger part of broadcasting and their content would be more available online.

Conservatives have been throwing wacky conspiracy theories onto the floor of the House of Commons, hour after hour, comparing Bill C-11 to what goes on in North Korea. There is nothing about mass starvation, prison camps or systemic torture in Bill C-11.

I want to ask my colleague across the way this question: Is the fact that the Conservatives wasted all of this debating time by throwing in wacky conspiracy theories part of the importance of actually getting this bill through to help Canadian artists in the cultural sector?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, what we just heard from the government is that it has moved closure on Bill C-11 and our discussion with regard to the amendments that came back from the Senate.

Closure means that the government is shutting down debate. I find this rather interesting because, really, Bill C-11 is a censorship bill, so we have a government that has moved a censorship bill and now is moving censorship on that censorship bill. Let us talk about a government very committed to censorship; it not only wants to censor what Canadians can see, hear and post online through Bill C-11, but the government also wants to censor us as opposition members in our ability to speak to the bill.

It should be further noted that the Quebec government, under Premier Legault, issued an open letter asking to be heard with regard to this legislation, because it has significant concerns. It asked that the bill be referred to committee, but it was not.

Therefore, not only was referral to committee not permitted, but now thorough debate is not permitted. Let us talk about a government committed to shutting down voices, not only the voices of the individuals in the House but also the individuals online who have something to say within that space. Why is this government so hell-bent on shutting down freedom?

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

Mr. Speaker, in relation to consideration of Motion No. 2 respecting Senate amendments to Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts, I move:

That debate be not further adjourned.