The House proceeded to the consideration of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, as reported (with amendments) from the committee.
Pablo Rodriguez Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.
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.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:
The House proceeded to the consideration of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, as reported (with amendments) from the committee.
Speaker's RulingOnline Streaming ActGovernment Orders
The Assistant Deputy Speaker Carol Hughes
There are three motions in amendment standing on the Notice Paper for the report stage of Bill C-11. Motions Nos. 1 to 3 will be grouped for debate and voted upon according to the voting pattern available at the table.
I will now put Motions Nos. 1 to 3 to the House.
Kamal Khera Liberal Brampton West, ON
moved:
That Bill C-11, in Clause 3, be amended by replacing lines 25 and 26 on page 8 with the following:
“limitation, closed captioning services and described video services available to assist persons living with a visual or auditory im-”
Rachael Thomas Conservative Lethbridge, AB
moved:
That Bill C-11 be amended by deleting Clause 4.
Madam Speaker, considering the current trend of the current government, I certainly do not take it for granted that I am able to stand in this place and freely deliver a speech in the House of Commons, particularly when I am critiquing government legislation.
Bill C-11 would put the CRTC in charge of regulating the Internet. That is what we are discussing today. Former CRTC commissioners and other qualified critics have spoken to this legislation and have made it clear that it is an overreach and a violation of Canadians’ right to freedom of expression.
From the beginning, I have been a vocal opponent of this bill and I have laid out my case for that. However, today I will remind Canadians and this House of the concerns I hold, shared by colleagues on this side of the House. Because of my outspoken nature on this bill, I have been ridiculed, criticized and even called names by those across the way. That has been hurtful and it has been harmful, but I have proceeded. The reason for this is that I am not elected to serve the government. I am not elected to make sure its legislation gets through. I was put here by Canadians for Canadians, and it is with them in mind that I stand in this place. It is with them in mind that I also fight against this incredibly draconian and regressive piece of legislation that attacks their charter rights as Canadians.
There are two things I wish to address today: one, the process that was followed with this legislation, and two, the content.
Let us start with the process. I would be remiss if I did not mention the travesty that took place this past Tuesday. While most Canadians were sleeping, the members of the Standing Committee on Canadian Heritage met and were forced to vote on amendments without them being read into the public record, which simply means that numbers were given and members were asked to vote. The public was unsure of what we were voting on and what it meant for them. There was zero transparency. There was no debate, no discussion and no questions. “Just shut up and vote” was the message given. The process was cloaked in secrecy and was an inexcusable assault on democracy. Having been forced through the committee, the bill is now before the House and will soon be forced on to the Senate.
Let me dive into the content of this bill. The heritage minister has been extremely misleading. He has told Canadians that more government control over Internet content will somehow promote Canadian culture and help artists. This could not be further from the truth.
My Conservative colleagues and I have met with industry experts and with digital-first creators, those who produce content for TikTok, YouTube, etc., and they have dispelled these myths. I would like to use their voices here today in order to defend their cause.
Oorbee Roy, known as Aunty Skates on TikTok, is a 47-year-old South Asian woman from Toronto. She made it clear that her success is based on freedom and not control. She said:
That I'm not the right fit is a story I've been told my whole life. I'm too brown. I'm a nerd. I'm too old. I'm female. I'm not feminine enough. I'm not the right demographic, but I've never been the right demographic. My voice has been suppressed far too many times. That's not an easy thing to do, because I have a pretty loud voice.
Somehow along the way, I discovered a platform that allows me to tell my story as I see fit in my own voice. Other people are indeed interested in my story. Somehow this tall, brown, old and somewhat-out-of-shape mom who skateboards resonates with people all over the globe. Authentic, inspiring, genuine content—that's Canadian content.
Canadian YouTuber Lilly Singh explained it best when she said, “For Canadian creators who don't fit the mainstream mould, the openness of YouTube provides the opportunity to find their niche among billions of people.” Again, freedom is what leads to success.
Morghan Fortier, co-owner and CEO of Skyship Entertainment, said, “We've seen first-hand that, when barriers are removed and Canadians are given equal, free access to an open platform and a global audience, they can take on the world. For Canadian creators, YouTube is a level playing field on a world stage. It doesn't matter who you know or what you look like. Any Canadian with an idea and a smart phone can be a creator and find an audience on YouTube.” She went on to say, “If this bill passes as written, the CRTC could determine what content should be promoted in Canada through discoverability obligations.... This approach puts the regulator between viewers and creators, handing the CRTC the power to decide who wins and who loses.”
If Bill C-11 passes through the Senate, it will not create a level playing field. Instead, many digital-first creators will be harmed as the government, through the CRTC, picks winners and losers. Not only that, but, in the name of protection, the CRTC will build a wall around digital-first creators, and this wall will actually prevent them from being able to reach a global audience, which is what they depend on for their success. We should know that our Canadian digital-first creators are amazing and they are achieving tremendous success around the world. Their success, however, will be severely thwarted by the bill.
Scott Benzie, from Digital First Canada, explained:
The bill has the intent of promoting Canadian content to Canadians. While that's admirable, most Canadian creators do not care solely about the Canadian market. The platforms are built for global discovery.... [L]ocal discovery...is a recipe for failure and jeopardizes successes like the indigenous creator renaissance on TikTok, Canadian musicians seeing global recognition and the world-class gaming industry.
Let us talk further. Let us talk about freedom and choice, values that all Canadians hold dear. Right now, virtual codes, known as algorithms, are set up on the Internet to show Canadians more content that they love. Personal choice is honoured in this process. Bill C-11 would change that. Instead of using algorithms to give individuals more of what they want, the government will insist that YouTube and TikTok and Google use algorithms to give more of what the government wants Canadians to see. It is incredibly dictatorial. It is dangerous.
Jeanette Patell, from YouTube, explained:
Bill C-11 could deeply hurt Canadian creators and viewers [in other words, all Canadians]. For viewers who rely on us to serve them content that is relevant to their interests, artificially forcing an open platform like YouTube to recommend content based on government priorities would backfire.
Matthew Hatfield, from OpenMedia, gave a great analogy:
We would never consider a situation where the Canadian government would go to Canadian bookstores and say, “We've thought about what Canadians need, and these are the types of titles we want you to put in your front window.” However, through the discoverability requirements we have in this legislation, that seems to be what we're doing.... It's inappropriate. It's an overreach. If we're supporting Canadian content, it needs to be in ways that are respectful of and responsive to what people in Canada want.
Let us be very clear. The bill is not about protecting culture. It is about giving the government more control over public discourse, the things that we can see, post and hear online. To have a government agency regulate the dissemination of information online puts Canada in step with places like North Korea, China, Iran, and Russia.
The current chair of the CRTC, Mr. Ian Scott, has confirmed that this is the case. He has said that user-generated content, in other words our content, my content, anybody’s content, will be wrapped up in the bill, but then he goes on to say not to worry, because even though he is given those wide-sweeping powers, he will not use them and we should just trust him. If he is asking us to trust him, why not just take those provisions out of the bill?
That is exactly what these amendments would do. We are asking that those powerful provisions that allow for an abuse of power be taken out of this bill and that Canadians be respected.
The best way to promote Canadian culture is through the protection of free speech. Giving Canadians the freedom to create, express their views, and speak freely is what supports the proliferation of our rich Canadian culture. Our culture is held within the Canadian people, all of them. However, the government has grown far too comfortable with taking control.
As I come to my conclusion here, I wish to thank all of the digital-first creators who weighed in and expressed their views. I also wish to thank the industry experts and the freedom advocates who worked tirelessly to expose the danger of this legislation. I want to thank the thousands upon thousands of Canadians who have had their voices heard. It is for them that I contend today.
Christine Normandin Bloc Saint-Jean, QC
Madam Speaker, I want to thank my colleague from Lethbridge for her speech, although it was a bit much for my ears at times. I want to go back to one of the complaints that the Conservatives made in committee. They complained that there was not enough time to hear from a number of witnesses. One of those witnesses was Scott Benzie from Digital First Canada, an organization that has no members but is financially supported by YouTube. Many YouTube and TikTok users came to testify. There are 160,000 YouTubers in Canada.
How many more do the Conservatives need to hear from?
Rachael Thomas Conservative Lethbridge, AB
Madam Speaker, as we went through this process at committee, there were only five meetings held in total where we heard from witnesses.
This is a piece of legislation that takes the Broadcasting Act, which is normally only applied to radio and television, and applies it to the Internet. It is a massive change to the way we do broadcasting in this country, or what is termed broadcasting.
For the committee to only have five opportunities to hear from witnesses when there were more than 100 who asked to be heard is inexcusable. There still remains more than half of our witness list who never got an opportunity to have a seat at the table and have their voices heard.
If someone were to ask how much is too much, and imply that to give more voice on this would somehow be hindering the process, I would say no to that, as this is a democracy. We want to hear from people.
Motions in AmendmentOnline Streaming ActGovernment Orders
Kingston and the Islands Ontario
Liberal
Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)
Madam Speaker, we certainly know that this member had a lot of opportunity to speak at the committee. As a matter of fact, when the minister came to speak to the committee, this member filibustered the committee so that the minister could not even answer questions that were being asked by committee members.
I think it is quite rich for this member to get up and talk about the democratic process and how it was not able to unfold at committee, when this member used tools that she had to specifically disrupt the operations of the committee. The other committee members could actually do their work.
Motions in AmendmentOnline Streaming ActGovernment Orders
The Assistant Deputy Speaker Carol Hughes
I just want to remind the hon. member for South Shore—St. Margarets that if he has questions or comments, he should wait until I recognize him.
The hon. member for Lethbridge.
Rachael Thomas Conservative Lethbridge, AB
Madam Speaker, the speaker opposite is being incredibly disingenuous right now. I did filibuster at committee. I filibustered because the members opposite, the Liberal members at the table, brought forward a motion that was shutting down debate. I did not want debate to be shut down because I believe Canadians deserve to be heard.
Unfortunately, the Liberals planned it very strategically to have the minister sitting at the table at the same time, so it appeared as if I did not want to hear from the minister. Of course, Canadians who were watching know that is not true, and it is incredibly disingenuous of the member to suggest that.
Motions in AmendmentOnline Streaming ActGovernment Orders
The Assistant Deputy Speaker Carol Hughes
The hon. parliamentary secretary had an opportunity to ask a question. If he is thinking out loud or wants to have a discussion, he should take that outside.
Questions and comments, the hon. member for New Westminster—Burnaby.
Peter Julian NDP New Westminster—Burnaby, BC
Madam Speaker, I am saddened by the member's speech. We have seen how disinformation has undermined, in the United States from the Republican Party, the basic principles of democracy. Her comments today are so far from the truth that I find them very disturbing.
For weeks and weeks, the Conservatives filibustered the committee and blocked witnesses from appearing. Even though all the other parties had submitted amendments, the Conservatives refused to move to have amendments discussed to improve the bill. The NDP got almost a dozen amendments through because we believed in working hard to improve the bill.
At the same time, it is important to note that we have a better bill because of the process, but not thanks to the member and not thanks to Conservatives who impeded, at every step, the due consideration of the bill that was so important. We had five weeks of witnesses—
Motions in AmendmentOnline Streaming ActGovernment Orders
Rachael Thomas Conservative Lethbridge, AB
Madam Speaker, I would like to correct the record. We did not have five weeks of witnesses. That is incredibly misleading, and I would give the hon. member the opportunity to apologize to the House for misleading. We had five days.
Peter Julian NDP New Westminster—Burnaby, BC
Madam Speaker, I rise on a point of order. I will not apologize. We had the equivalent of five weeks of hearings. The member knows that. She should apologize for misleading the House.