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.

Canadian Radio-television and Telecommunications Commission Act

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

moved that Bill C‑354, An Act to amend the Canadian Radio-television and Telecommunications Commission Act (Quebec's cultural distinctiveness and French-speaking communities), be read the second time and referred to a committee.

Madam Speaker, the Bloc Québécois's Bill C‑354 seeks to amend the Canadian Radio-television and Telecommunications Commission Act so that the CRTC must consult with the Government of Quebec about the cultural distinctiveness of Quebec and with the governments of the other provinces about their French-speaking markets before carrying out its mandate and exercising its powers with regard to aspects of the Canadian broadcasting system that relate to those things.

Essentially, Bill C‑354 seeks to protect Quebec's cultural distinctiveness and the francophone community in the enforcement of the new Canadian Radio-television and Telecommunications Commission Act. That involves organizing consultations with the Government of Quebec and the provincial governments before regulating aspects that relate to the cultural distinctiveness of Quebec.

This bill responds to an official request from the Government of Quebec during the debates surrounding Bill C‑11 for the federal government to set up a mandatory, formal consultation mechanism with the Government of Quebec. Quebec wants to have its say before the CRTC takes any action that could affect businesses providing services in Quebec or the Quebec market. The motion adopted by the Quebec National Assembly in this regard specifies that Quebec intends to use all of the tools at its disposal to protect its language, culture and identity.

Bill C‑354 also constructively responds to the federal government's disturbing decision last year to end the tradition of alternating the CRTC chairship between francophones and anglophones. The bill is also consistent with the House of Commons' recognition that Quebeckers form a nation. Quebeckers form a distinct people, a nation with a unique identity based on our history, and particularly on our culture and language. It is only natural, and even essential, for a nation to manage its culture. Access to Quebec's common public language and culture allows newcomers to participate in and enrich Quebec society, and to enjoy the same rights and obligations as every Quebecker.

The idea of being sovereign in telecommunications management is not new. In 1929, Quebec Premier Louis-Alexandre Taschereau passed the law governing broadcasting in that province. However, instead of working with Quebec, in 1932, Ottawa responded to Taschereau's idea by creating the Canadian Radio Broadcasting Commission, the forerunner of the current CRTC, under the Canadian Broadcasting Act. The idea of being sovereign in telecommunications management remained alive, despite federal interference.

In 1968, Quebec Premier Daniel Johnson said the following:

The assignment of broadcasting frequencies cannot and must not be the prerogative of the federal government. Quebec can no longer tolerate being excluded from a field where its vital interest is so obvious.

Between 1990 and 1992, the Quebec minister of communications at the time, Liberal Lawrence Cannon, prepared a draft Quebec proposal that read as follows:

Quebec must be able to establish the rules for operating radio and television systems, and control development plans for telecommunications networks, service rates and the regulation of new telecommunications services.... Quebec cannot let others control programming for electronic media within its borders.... To that end, Quebec must have full jurisdiction and be able to deal with a single regulatory body.

In 2006, that same Lawrence Cannon became a minister in the Conservative cabinet under Prime Minister Stephen Harper.

On April 9, 2008, Liberal ministers Christine Saint‑Pierre and Benoît Pelletier sent a letter to the Conservatives in Ottawa—Josée Verner and Rona Ambrose at the time—to conclude repatriation agreements in the culture, broadcasting and telecommunications sector.

This is what it said:

The purpose of this letter is to express the will of Quebec to engage, as soon as possible, in discussions on concluding a Canada-Quebec agreement on the communications sector...and a Canada-Quebec agreement on culture.

Considering the distinct culture of Quebec, the only French-speaking state in North America, we believe that concluding such an administrative agreement would make it possible to better reflect the specific characteristics of Quebec content in broadcasting and telecommunications, and would serve as recognition of the importance of protecting and promoting Quebec's specific culture.

The Bloc Québécois is convinced that telecommunications and broadcasting are of capital importance for the vitality of Quebec culture. That is clear. That is why we are of the opinion that, ultimately, these sectors need to be regulated by Quebec. This should happen under a Quebec radio-television and telecommunications commission, a QRTC. That is the only approach that would allow us to have full control, to be masters of the decisions that concern our language and culture.

Quebec must have the tools needed to promote a diversified Quebec offer in the television markets and on digital platforms, which are increasingly predatory. As the serious media crisis in the province shows, from the small regional newspapers to the restructuring of Groupe TVA, it is crucial to maintain a francophone diversity of information sources and plurality of voices, regardless of the size of the media group.

Furthermore, the Internet deployment strategy must be better aligned with Quebec’s interests, particularly to ensure the right to a stable, affordable, quality connection. Quebec’s cultural development hinges on the ability to determine its own transmission terms, namely for television, radio and new media. Should the government of Quebec deem that a decision goes against the public interest, it is the National Assembly that would call for a review.

The closure of radio station CKAC in 2005 illustrates the government of Quebec’s inability to influence decisions that directly impact its duty to develop, promote and disseminate our culture. Despite a unanimous motion from the National Assembly, adopted on March 10, 2005, calling for CKAC to stay on the air, the CRTC kept silent and allowed this historic radio station to shut down.

Furthermore, this is not even a partisan issue in Quebec. All governments since the Taschereau era have argued for Quebec's independence in managing its telecommunications. It is therefore particularly frustrating to run into refusals or downright ignorance. The many times Ottawa has stayed silent demonstrate contempt, if not federal indifference, toward Quebec’s culture and its political institutions.

That said, our right to develop our own culture will not be won through the courts. The Supreme Court of Canada has repeatedly ruled that telecommunications and broadcasting fall under federal jurisdiction. However, the members of the House of Commons have the authority to delegate this administrative power if they are willing to do so. One such agreement already exists. The Royal Canadian Mounted Police delegated its powers to the Sûreté du Québec to protect the province. The Sûreté du Québec manages interprovincial heavy transportation and issues freshwater fishing licences. All it would take is a bit of political will to sign an administrative agreement that would change the fate of Quebec culture.

If it so wished, the federal government could change the Broadcasting Act and the Telecommunications Act today to include such an administrative agreement. This is how EI pilot projects are integrated into the Employment Insurance Act.

Introducing Bill C‑354 is a modest attempt to ensure that Quebeckers enjoy a modicum of respect when it comes to their right to culture and managing their telecommunications. It is the least that can be done.

In an ideal world, the Quebec government would pass legislation to create a Quebec radio-television and telecommunications commission, a QRTC. The CRTC could then delegate the management of Quebec's licenses to the QRTC, which would regulate telecommunications and broadcasting companies that operate in Quebec. This would remedy the injustice that has persisted for a hundred years.

The decline of the French language and culture is undeniable. It is now crucial that we take the necessary steps to protect them.

We therefore invite members from all parties who care about Quebec culture and the francophone community to vote in favour of our bill.

Opposition Motion—Passage of Bill C-234 by the Senate

[Branden Leslie, Conservative, Portage—Lisgar, MB]

Madam Speaker, it is called the chamber of sober second thought, but right now that chamber seems to be drunk on power. When it finds problematic elements in bills like Bill C-11, that is one thing, but I would implore all of my colleagues to consider if this was their private member's bill. Let us say it passed through the democratically elected House of Commons, only to have, for the second time, a motion that senators decided was so important, despite having no involvement with the legislation, that they needed to amend the bill to make sure it cannot be renewed through an OIC and it has to go through a long bureaucratic process again. If that is what the senator felt so compelled to do, I feel sorry for her, because this House passed the bill and the Senate needs to pass it too.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I would like to thank my Conservative colleague for her comments today.

I admit that the members of the Bloc Québécois have mixed feelings. On the one hand, we are tempted to agree with what the Conservatives are saying about the Senate today, but on the other, we have a duty to defend the process that is under way.

I am fascinated to see that the Conservatives take a different view of the Senate's work depending on whether or not they agree with the bill it is studying. I remember when senators took the time they needed, and then some, before passing Bill C-11. We never heard anything from the Conservatives about how senators are unelected and had no business delaying a bill that way.

Today, I fail to understand the Conservatives' attempt to literally gag the Senate. We have mixed feelings about that.

I would like to hear my colleague's thoughts about this. What is the problem? Bill C-234 is at third reading in the Senate. That is how things are usually done. Now, the Conservatives are acting almost like Bloc members, denouncing these unelected members of the Senate who are making decisions that should be made by the House of Commons.

[Dr. Michael Geist]

Thanks for that question.

I think there remains deep concern among many digital creators about the implications of Bill C-11. Obviously, there's been a policy direction that has tried to assuage some of those concerns. However, even within that policy direction, there still remain references to the prospect of dealing with algorithms and the like. I think there are still some concerns. There was media coverage, particularly on the issue of indigenous and BIPOC creators. In one instance, Vanessa Brousseau, who goes by the handle Resilient Inuk, went to meet with heritage officials and walked away feeling completely intimidated and disrespected.

I have to say that I find such an incredible disconnect between what are, legitimately, a whole raft of changes in the legislation designed to support those communities and their creativity, and—at the same time—the lived experience some have had within the legislative process, where efforts to bring their concerns to the table, whether at this committee or later at the Senate, may have been sidelined. The Senate heard from far more digital creators, from all walks, than this committee took the time to hear from, when it came to Bill C-11.

I think you have to do more than just have legislation that sounds good. You have to ensure the groups that are affected have an opportunity to be heard as well.

[Rachael Thomas, Conservative, Lethbridge, AB]

Thank you, Mr. Chair.

Dr. Geist, with regard to Bill C-11, you mentioned that indigenous folks, BIPOC folks and others who function within this digital space.... We often call them “digital-first creators”. Those individuals were not adequately consulted. You used the word “sidelined” in your remarks.

Can you talk to me about the impact Bill C-11 is having on digital-first creators in Canada and will potentially have on them, going forward?

[Dr. Michael Geist]

I think one of the reasons we've seen delays on the harms bill is that, in all likelihood, it is recognized—and rightly so—as being even more controversial than Bill C-11 and Bill C-18, and I think that's true.

I also think that it never made sense to put it in heritage. I don't know why online harms is a heritage issue. Reports have suggested that it has now been shifted within the government. I think that's a good thing, because I think this is much more of a justice and public safety-related issue.

I would say that what we really need as part of this legislation—and this may sound like a naive academic speaking—is for there to be an openness, a willingness, to engage in an open iterative policy process once it gets to committee, in the sense that making changes is not a mistake and doesn't suggest that somehow someone has erred but is rather an attempt to make the bill better.

With all due respect, I've felt that too often committee is set up more as consultation theatre than as actual, real, engaged consultation and that the notion of making changes, even potentially significant changes, is somehow seen as an admission of some sort of failure. I don't think it is.

These are bills that should have been not nearly as controversial as they proved to be. I think part of the problem was that from the day they were put forward—and this has been true for a long time with successive governments, frankly, both Conservative and Liberal—the idea was that, once the legislation was put forward, any significant changes were seen as somehow saying that we had made some sort of mistake and that was a sign of weakness.

I don't think it is. Actually, I think it's the opposite. I think it's a sign of strength to develop the very best policy possible.

[Martin Shields, Conservative, Bow River, AB]

Thank you.

I'm going to pick up where I left off, in reference to what you said about Bill C-11 and Bill C-18 in your statement and how some people might have been excluded for a variety of reasons.

We've just heard that it took two years for the U.K. to do the harms bill. You suggested that we had our study backwards here on Bill C-18 and Bill C-11. What would you like us to see as the mistakes that were made with Bill C-11 and Bill C-18 so that we have legislation that might not be what it should and we excluded people from the process? My idea is that you talk to everybody and make sure everybody's heard if you want to get something right. On the harms bill, what would you suggest?

[Martin Shields, Conservative, Bow River, AB]

When you reference Bill C-11 and Bill C-18, who should set the standards there. Who should set these standards? Where do you think we should go?

[Dr. Michael Geist]

With your permission, I'd like to expand that not just to C-18 but to C-11 as well.

One of the real concerns with the legislative approach that this committee and that the legislation has taken on both the streaming act and on the news act has been to have significant negative implications for access to foreign content for diaspora communities. One of the real fears of what we're seeing play out at the CRTC is the likelihood that the increased cost of regulation and registration—but even more than registration, the actual costs of regulation—could well lead many foreign streaming services to simply block the Canadian market, because it doesn't become economical anymore. It's particularly those communities that may be most directly affected. The same is true on the news side.

Yes, this was a likely outcome. Again, I'm going to come back to my opening remarks to emphasize that, if you weren't listening to these players, if you decided all you needed to do was by and large listen to News Media Canada and a few other cheerleaders, then you'd miss that large story.

[Dr. Michael Geist, Canada Research Chair in Internet and E-Commerce Law, Faculty of Law, University of Ottawa, As an Individual]

Thank you, Mr. Chair.

Good morning. My name is Michael Geist. I'm a law professor at the University of Ottawa, where I hold the Canada research chair in Internet and e-commerce law. I'm here in a personal capacity, representing only my own views.

I've appeared before this committee many times, yet it seems necessary to expand on my standard opening by stating that I have never been compensated or otherwise received a benefit from any tech company in conjunction with any of my appearances, submissions or statements on any legislative or regulatory issue. I don't think I should have to say this, but given the tendency of some to defame critics of Bill C-11 and Bill C-18 as shills, I should be absolutely clear that my views are not for sale.

Further, I should also be clear that criticism of Bill C-11 and Bill C-18 was not opposition to tech regulation. There are real harms, and we need regulation. I recently appeared before the INDU committee, calling for the strengthening of Bill C-27 on privacy and AI regulation. I have to say that I have spent much of my time, in the aftermath of the events of October 7, focused on the alarming rise of anti-Semitism and the urgent need for action both off-line and online, which could include the much-delayed online harms bill.

Since this study is about tech efforts to influence policy, I'll focus on that.

There have been important studies and reports that chronicle tech sector efforts to influence policy. For example, the Tech Transparency Project reported on Google-supported research. It identified many papers and work by academics with links to, or financial backing from, that company. However, the investigations identified virtually no Canadian examples. In fact, a search for any articles or reports from the project, since its inception across multiple tech companies, reveals very little involving Canada.

If we consider efforts to influence Bill C-11 and Bill C-18 through lobbyist meetings—we just heard about lobbying—one organization leads the way. It isn't Meta, which had relatively few meetings on these bills—in fact, fewer than CAB, ACTRA, CDCE or CMPA. It isn't Google, which ranked second for the meetings. Rather, the organization with the most registered lobbyist meetings on these bills is News Media Canada.

It's important to state that, if this hearing is about retribution for the blocking of news links in response to Bill C-18, I think that's misguided. Companies and many experts warned repeatedly that the legislation was deeply flawed. Now that news-link blocking has gone on for months on Facebook and Instagram without any apparent interest from that company in regulatory reform, I think that's pretty clear evidence that this is a consequence of the legislation and not a tactic to influence it. It was not a bluff, as many kept insisting. Indeed, I would argue that, frankly, both companies were pretty consistent from day one in their statements about the legislation.

In many respects—we just heard about threats to remove or stop investment—it's no different from Bell's recent announcement, in which it threatened to cut capital investment by a billion dollars in response to a CRTC wholesale Internet access ruling, or Stellantis putting its investment on hold earlier this year in Canada with the announcement of the Volkswagen deal. Simply put, legislation and regulation have consequences.

If this is actually about addressing concerns around regulatory or legislative influence, however, the real issue isn't tactics. It's regulatory capture. On that front, there is cause for concern in Canada. With Bill C-11, there was ample evidence of regulatory capture, as a handful of legacy culture groups dominated meetings with officials and time with this committee. The voices of Canadian digital creators were often dismissed or sidelined, including those from indigenous and BIPOC communities, some of whom reported feeling disrespected or intimidated by department or ministry officials.

The situation was even more pronounced with Bill C-18. Members of this committee indicated they were ready to move to clause-by-clause review without even hearing from Meta. During that review, someone stated that online news organizations were not even news. This form of regulatory capture was particularly damaging. Online news outlets were sounding the alarm over the risks of the bill and took the biggest hit with news-link blocking. They too were ignored. Some have now stopped hiring or been forced to suspend operations, yet News Media Canada somehow managed, in the span of five years, to obtain a $600-million bailout, the swift enactment of Bill C-18 and now an expansion of the labour journalism tax credit, in which their demands were met down to the last penny. Now that is influence.

Cultural policy is the bedrock of this committee, but culture isn't static. It's essential this committee and the department ensure they avoid regulatory capture and provide a forum for all voices. Failure to do so makes for bad policy and raises the risk of intimidation, in which—inadvertent or not—it may be the government, or this committee, that does some of the intimidating.

Thank you for your attention. I look forward to your questions.

[Martin Shields, Conservative, Bow River, AB]

Thank you, Madam Chair.

Quickly, you're described as being independent and at arm's length. I've been on Bill C-10, Bill C-11 and Bill C-18, so we've heard ministers say that a number of times.

I have the ATIP question. You said you did not send information to the minister. You said that a few minutes ago. Be careful, because I have information here. They sent it to you, then, because I know what they sent. I know it went back and forth.

When it talks about “media lines”, I know what those are. They sent them to you, then. You didn't send it to them, you said, so they sent them to you.

[Martin Champoux, Bloc, Drummond, QC]

Maybe, in that case.

Ms. Eatrides, last summer, I was very concerned about the fact that the position of regional commissioner for Quebec at the CRTC had been vacant for so long. Recently, on November 14, Stéphanie Paquette was appointed to the position of regional commissioner for Quebec, and that was excellent news. That is perfect.

The fact remains that this position had been vacant for several months, at a time when, in my view, it was absolutely essential. The study of Bill C‑11 was beginning and regulations were being implemented that have a major impact on Quebec culture and the broadcasting sector. The fact that this position was vacant was of much concern to the sector and also to me.

I would like to know the explanation for it taking so long to find the right person and appoint her, when there were several good candidates in the running.

[Vicky Eatrides]

I would come back to the CRTC's role. What I would say is that, under Bill C-11 and under the hearings that we're holding right now, we are looking at whether, if we do go the base contribution route for online streaming services, some of that money should go to news funds.

[Scott Shortliffe]

We obviously and clearly have a role in news and broadcasting, which we take very seriously, but it's important to note the difference between Bill C-11 and Bill C-18. Bill C-11 gives us large policy questions. There are a number of policy objectives, and we have to figure out how to achieve them. With Bill C-18, we're basically being asked to administer a policy that the government is setting in regulation, and that will be in regulation by the end of the year. Our role is really to facilitate the commercial negotiations that are based on what we've been given.

For better or for worse, we're not being asked to regulate in the newspaper environment. Newspaper policy is something that very much sits with the Department of Canadian Heritage. Having said that, once we have that mandate we will take very seriously our role to help facilitate those commercial arrangements.

[Martin Champoux, Bloc, Drummond, QC]

Thank you, Madam Chair.

I also thank the three witnesses for being here.

This meeting was much anticipated. It is our pleasure to have you with us and listen to your answers. We have a lot of concerns, particularly as regards the revision of the Broadcasting Act, Bill C‑11, on which we worked very hard and for which we overcame a number of challenges.

Ms. Eatrides, in your opening statement, you said you had received 600 briefs, requests and submissions from various groups everywhere in Canada. You also said that you had heard from roughly 20 intervenors so far. That concerns me, because this is really a very daunting task.

Do you think you will be able to complete this mission in time to be able to quickly breathe life into culture, the broadcasting sector and our producers? Do you think the job is too big for the resources you have?