Bill C-18 (Historical)

Online News Act

An Act respecting online communications platforms that make news content available to persons in Canada

This enactment regulates digital news intermediaries to enhance fairness in the Canadian digital news marketplace and contribute to its sustainability. It establishes a framework through which digital news intermediary operators and news businesses may enter into agreements respecting news content that is made available by digital news intermediaries. The framework takes into account principles of freedom of expression and journalistic independence.
The enactment, among other things,
(a) applies in respect of a digital news intermediary if, having regard to specific factors, there is a significant bargaining power imbalance between its operator and news businesses;
(b) authorizes the Governor in Council to make regulations respecting those factors;
(c) specifies that the enactment does not apply in respect of “broadcasting” by digital news intermediaries that are “broadcasting undertakings” as those terms are defined in the Broadcasting Act or in respect of telecommunications service providers as defined in the Telecommunications Act ;
(d) requires the Canadian Radio-television and Telecommunications Commission (the “Commission”) to maintain a list of digital news intermediaries in respect of which the enactment applies;
(e) requires the Commission to exempt a digital news intermediary from the application of the enactment if its operator has entered into agreements with news businesses and the Commission is of the opinion that the agreements satisfy certain criteria;
(f) authorizes the Governor in Council to make regulations respecting how the Commission is to interpret those criteria and setting out additional conditions with respect to the eligibility of a digital news intermediary for an exemption;
(g) establishes a bargaining process in respect of matters related to the making available of certain news content by digital news intermediaries;
(h) establishes eligibility criteria and a designation process for news businesses that wish to participate in the bargaining process;
(i) requires the Commission to establish a code of conduct respecting bargaining in relation to news content;
(j) prohibits digital news intermediary operators from acting, in the course of making available certain news content, in ways that discriminate unjustly, that give undue or unreasonable preference or that subject certain news businesses to an undue or unreasonable disadvantage;
(k) allows certain news businesses to make complaints to the Commission in relation to that prohibition;
(l) authorizes the Commission to require the provision of information for the purpose of exercising its powers and performing its duties and functions under the enactment;
(m) requires the Canadian Broadcasting Corporation to provide the Commission with an annual report if the Corporation is a party to an agreement with an operator;
(n) establishes a framework respecting the provision of information to the responsible Minister, the Chief Statistician of Canada and the Commissioner of Competition, while permitting an individual or entity to designate certain information that they submit to the Commission as confidential;
(o) authorizes the Commission to impose, for contraventions of the enactment, administrative monetary penalties on certain individuals and entities and conditions on the participation of news businesses in the bargaining process;
(p) establishes a mechanism for the recovery, from digital news intermediary operators, of certain costs related to the administration of the enactment; and
(q) requires the Commission to have an independent auditor prepare a report annually in respect of the impact of the enactment on the Canadian digital news marketplace.
Finally, the enactment makes related amendments to other Acts.

Online Streaming Act

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, as I was just saying, when I heard the comments made by my colleague from Lethbridge suggesting that the artists would not benefit from the reform of the Broadcasting Act, I made a few phone calls. I contacted a few of my artist friends to ensure that the bill would benefit the cultural associations and businesses and not just the broadcasters. They all told me that artists and creators have been awaiting the bill just as eagerly as cultural businesses have.

In all humility, I have to say that I am not the most artistic member of the Bloc caucus. The member for Longueuil—Saint-Hubert, Caroline Desbiens, had a brilliant career in television and theatre. There is also the extraordinary artist we call “La Marsouine”, the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. She is a songwriter whose work is well known among the international Francophonie. There are people in the Bloc Québécois caucus who know what they are talking about.

We were inspired by these people and we fought for this bill on behalf of our colleagues who were themselves part of the arts scene. They can tell us how regulating the broadcasting sector benefits our artists.

Here we find ourselves at another stage of Bill C-11. This may be the last step; we hope it is. As we have seen, our Conservative colleagues are once again trying to kill this bill.

After finding some particularly creative ways to delay its study in committee, yesterday they even brought forward an amendment to completely gut the bill. All this after accusing the Bloc Québécois of failing to stand up for the demands of the Quebec National Assembly.

Let us talk about the demands of the Quebec National Assembly. I found it quite rich to hear the Conservatives say that the National Assembly opposed the passage of Bill C-11 as is when, in June 2022, the National Assembly unanimously adopted a resolution that stated the following:

Whereas the federal government is under pressure from multiple sources to ensure social media is not subject to Bill C-11, while many companies commercially stream musical and audiovisual content;

THAT the National Assembly recall that Québec’s cultural production and its uniqueness are strongly disadvantaged by the lack of regulation of online streaming platforms and social media;

THAT it affirm that it is essential that all online streaming platforms, including social media, be subject to federal and provincial laws, such as C-11, so that all digital broadcasters, whether Canadian or foreign, contribute to the creation, production, broadcasting, promotion and discoverability of Québec content;

I will spare members a reading of the full text of the resolution. It concludes as follows:

THAT, lastly, it urge the federal government to include social media governance in Bill C-11 to amend the Broadcasting Act.

Obviously, that does not align with the Conservative position.

I want to talk about Quebec's Minister of Culture and Communications, Mathieu Lacombe, who did a bunch of interviews recently, answering journalists' questions about the mandate he took on last fall. When asked, “Should streaming platforms be forced to highlight homegrown content?”, he instantly replied “Yes, this is about Quebec's distinct culture”. Speaking to various media outlets, Minister Lacombe emphasized the importance of discoverability for francophone content from Quebec, meaning how easy it should be to access homegrown content on major digital platforms like Netflix and Spotify, for example. That is what Minister Lacombe said. The National Assembly is hoping for a speedy passage of Bill C‑11.

Certainly, Quebec had demands, legitimate demands, such as being consulted on regulations that will impact broadcasting in Quebec and Quebec culture. The unanimous National Assembly motion that set tongues wagging recently reads as follows:

THAT the National Assembly acknowledge that the federal government could soon pass Bill C‑11, which aims to amend the Broadcasting Act;

THAT it underline that this bill does not recognize the application of Québec laws regarding the status of artists;

THAT it recognize that this bill, as it is currently written, grants Québec no rights of inspection on the directions that will be given to the CRTC, and that those directions will have a significant impact on Québec’s cultural community;

THAT it remind the federal government that Québec’s linguistic specificity must be respected;

THAT it highlight for the federal government that as a nation, it is up to Québec to define its cultural orientations;

THAT it demand that Québec be officially consulted on the directions that will be given to the CRTC regarding the bill and that, for this purpose, a formal mechanism be added to the bill;

THAT it affirm that Québec will continue to apply, in its areas of jurisdiction, the laws democratically passed by the National Assembly;

THAT, lastly, the National Assembly inform the federal government that Québec will use all the tools at its disposal to continue protecting its language, culture and identity.

The minister has the means and the tools needed to respond to these demands from Quebec. The real question is whether he will do the right thing through ministerial directives to the CRTC. We will see over the next few days, but I really hope he does. We in the Bloc Québécois will continue to properly and faithfully stand up for Quebec's demands to ensure the protection of its culture and broadcasting sector.

Recently, my colleagues and I have all been getting a rather impressive number of emails from people who are opposed to Bill C-11. Oddly enough, they are not well-crafted emails written by an organization representative like the ones we received in previous weeks and months. They are very short emails that are more focused on the issue of censorship and control over what Quebeckers and Canadians will be able to watch online once Bill C-11 is passed.

I have no qualms about saying that this is blatant misinformation. However, I want to talk about it a little and explain to the millions of Quebeckers and Canadians who are watching right now what these scare tactics are all about. The word “censorship” is one that has been coming up a lot. People are talking about a law that is going to censor Quebeckers and Canadians and undermine their freedom of speech.

If we stop for a second and think about this, we realize that a person would have to be totally disingenuous or a complete conspiracy theorist to believe that, here in Canada, in our current system, a government could impose censorship with impunity like they do in totalitarian states. Feeding that fear is an act of bad faith and intellectual dishonesty. I am not sure that that is very healthy. It may be politically advantageous, but that is another issue.

People wrote to us with concerns about the control the government will have over what we can see online and what it wants to ban from being seen online.

Bill C‑11 does not say that the government will be able to force people to binge Les filles de Caleb on the weekend. Bill C‑11 seeks to have content produced by creators from here, to showcase stories from here, that our culture and the talent of our creators have their place on streaming platforms. No one is saying that people have the right to watch or not watch this or that. No one is preventing any content from being streamed.

I have lost track of how many times I have heard about the manipulation of algorithms. Web giants talked about it at committee meetings. It was like we were asking those companies for the recipe to build a nuclear bomb. It was a bit excessive. I do not think that anyone at the CRTC is going to tell Spotify to open its code so they can mess with it. That is just silly.

However, we need to give the CRTC the latitude and the tools it needs to ensure that the objectives are met.

Traditional radio used what were known as logger tapes. For younger folks, such as the member for Thérèse-De Blainville, these were reels that turned at very slow speed and recorded 24‑7. It was easy because radio programming was a continuous broadcast on a single frequency. Obviously, the same mechanism cannot be used with online platforms. However, it is important that the regulator responsible for verifying that the objectives are being met actually has the means to verify that they are, in fact, being met. Algorithm manipulation should therefore not be permitted. It is essential to keep the door open to allow future verifications, if this is how verifications must be done.

Then, there is the age-old issue of infringement on freedom of expression. I do not understand how anyone could believe that we could pass laws that literally infringe on freedom of expression. For some, any attempt to address disinformation and ensure that people have access to reliable, verified information amounts to an infringement on freedom of expression. We are certainly going to hear about it at length when we debate Bill C-18, but freedom of expression will not be violated by Bill C-11. In any case, a law passed by the government that would infringe on freedom of expression obviously would not stand up in court and would be quashed very quickly.

I do not see a problem with imposing discoverability obligations, obligations to promote Quebec, Canadian, French-language and indigenous content, and to showcase the distinct nature of the Quebec nation and of Canada on the online platforms of digital giants. I came up with what I thought was a useful analogy. For those opposed to regulating GAFAM, the major online broadcasting companies, I will present the following analogy.

Imagine if, instead of offering cultural content, these businesses were serving food. Would there be any objection to these food service companies being subject to the same health regulations that traditional restaurants are? I doubt it. I doubt there would be any objection if the rules set by MAPAQ, Quebec's department of agriculture, fisheries and food, which apply to restaurants, were also applied to any business that serves food. Even though we talk about a free market on the Internet, there are limits that must be applied there as well. I thought that was an interesting analogy for illustrating the importance or relevance of regulating online businesses as well.

I do not want to spend all day debating this. We have debated it extensively, and we are at the stage where we want to come to an agreement as quickly as possible and return this bill to the Senate so that it ultimately gets approval. Then we can move on to the much-anticipated implementation stage of this bill, which is eagerly awaited by the entire cultural community and by broadcasters. However, I am going to move an amendment in closing. It is an amendment to the amendment moved yesterday by the member for Lethbridge.

My amendment to the amendment is as follows: that the amendment by the member for Lethbridge be amended by replacing all the words after the word “that”; the motion be amended by adding to the last paragraph “further calls on the government to establish a process for consultation with the Quebec government so that Quebec's specificity and the unique reality of the francophone market are adequately considered by the CRTC” and recalls that the federal Status of the Artist Act respects Quebec's jurisdiction and is consistent with Quebec legislation on the status of the artist.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, I would like to add a few comments on Hon. Marc Garneau's retirement.

I was fortunate to serve as his parliamentary secretary when he was the minister of transport. It is funny, when I was appointed someone came to me and said, “Hey, you know, there are a pile of schools in this country already named after Marc Garneau.” It is unusual in this place to meet someone with such incredible history, such incredible service, who has already had schools named after him and had already been appointed to the Order of Canada before coming to this place. He engaged in a lifetime of service through the navy, as an astronaut through the Canadian Space Agency and in this place for 14 years. As was mentioned by many speakers, his absence will be felt significantly.

However, we are here today for Bill C-11, and this bill has had a long journey. In one form or another, we have been debating this bill since the fall of 2020. We have kept working hard and we never give up, because we know how important this legislation is.

Our goal has never changed. From the start, it has always been about making sure Canadian stories and music are available to Canadians. It is as simple as that. The stories and music are the beating heart of our culture, a culture we have always supported and promoted. We are not reinventing the wheel here. We would only be updating our laws to clarify that digital services and platforms have obligations to support our cultural sector.

It is kind of amazing that we would look to Canadian companies like Bell or Rogers and say that of course they have to support Canadian culture. However, some in this place would say that foreign tech giants have no such obligations.

We had an opportunity during the committee meeting to hear from Gord Sinclair of The Tragically Hip. He talked about how the Broadcasting Act helped his band, The Tragically Hip, which comes from a small town in eastern Ontario, to become well known and respected across the country. He spoke in support of the legislation so that there could be more Tragically Hips in the future.

The Broadcasting Act has helped Canadian culture to flourish and grow for more than 50 years. I mentioned The Tragically Hip, but we can think of all the bands and musicians we love, as well as the Canadian TV shows and films that have entertained us and found audiences all over the world, thanks, in part, to the Broadcasting Act. We want to ensure that the success continues to serve Canadians well, now and into the future.

So much about how we produce, engage with and access digital content has changed with the increasing dominance of digital broadcasting. We must act to ensure that Canadian artists, storytellers and Canadian culture do not get left behind. We must act to ensure that all voices have a chance to be heard and to ensure that Canadian culture reflects the realities of our diversity.

We know how important it is to get this right. That is why, from the start, our efforts to modernize the Broadcasting Act have been a collaborative effort. We have worked with and heard from Canadians to find the right solutions. We have held public consultations; heard from key stakeholders in the industry; listened to the ideas and concerns of artists, content creators and everyday Canadians; and worked across the aisle with members of all parties to help shape this bill.

Now, as we know, only one party in Parliament has decided that it knows better than Canadian artists, creators, producers and all the workers in our cultural sector. Conservatives, unfortunately, really went out of their way to protect the interests of web giants, just like they did during the committee study of Bill C-18. When Facebook came to testify, we saw Conservatives stand and act as the PR reps for the tech giants. They did not need to hire lobbyists, since they had, for free, Conservatives standing up and supporting them. I have to tip my hat because the Conservatives were pretty good at it.

They spent hours filibustering. The Conservatives filibustered when the minister was supposed to appear at committee. They filibustered when the CRTC commissioner was supposed to appear at committee after having demanded that the CRTC commissioner appear. They filibustered during clause by clause. They even filibustered their own motions. These committees do not need lobbyists representing them. As I said, they have the Conservative Party of Canada lobbying for them.

I hear an hon. member on the other side heckling because I know he is so upset at his party for acting for companies like Meta and Google. It is the only conservative party in the world that stands with tech giant. The Republicans in the United States and conservatives in Australia or Europe do not. In those countries, political parties are united for their citizens against tech giants.

It is unfortunate that Conservatives here cannot see past partisanship and that they stand with Facebook, Google and TikTok. Shockingly enough, time after time at committee, we heard Conservative members stand and defend TikTok, defend their lobbyists, and stand with and deliver their talking points as if they were coming straight from lobbyists from TikTok. These companies do not need lobbyists; they have the Conservative Party.

I want to take a moment to acknowledge a collaborative effort by the New Democratic Party and the Bloc Québécois. I want to thank everyone who made a contribution to the long development of Bill C-11. They have helped make this bill stronger and better, and they have done a great service for Canadians. I particularly want to thank our colleagues in the other place for their careful study of Bill C-11 and the amendments they proposed for consideration.

I am pleased to say that the government is fully supporting 18 of the 26 amendments brought about in the clause-by-clause study of Bill C-11. We are also accepting another two amendments with modifications. This is another testament to the truly collaborative work that has gone on.

I think it is important to highlight many of the things we can all agree on when it comes to Bill C-11 and the many ways we have all worked together to make it a better bill. In the spirit of collaboration, we should make it easier to support this motion.

I would like to turn to addressing the proposed amendments. As I said, the government has agreed to adopt 18 of them. There are only eight amendments the government respectfully disagrees with or proposes changes to. Let me take some time to explain the government's position on each of these amendments.

To begin with, the government respectfully disagrees with the proposed amendment to the definition of a “community element”. This amendment does not refer to the broadcasting undertakings that make up the broadcasting system, and may cause interpretive issues in the application of the act.

The government also respectfully disagrees with the proposed amendments to compel online undertakings to implement methods, such as age verification, to prevent children from accessing explicit sexual material.

While we understand the importance of this issue and have forthcoming legislation on it, which I hope will address it, we oppose this amendment for the simple reason that it seeks to legislate matters in the broadcasting system that are beyond the policy intent of the bill.

To reiterate what I said from the start, our purpose with Bill C-11 is to include online services and platforms, and broadcasting systems. This amendment falls outside the scope of the bill.

Next, the government respectfully disagrees with the proposed amendment to clause 4 limiting regulation to sound recordings uploaded by music labels for artists. We disagree here because this would affect the Governor in Council's ability to publicly consult on and issue a policy direction to the CRTC to appropriately scope the regulation of social media services with respect to the distribution of commercial programs.

We need the flexibility to make sure that, whenever an online streamer acts as a broadcaster, they do their part to support Canada's cultural sector. That is really what this bill comes down to. It would also prevent the broadcasting system from adapting to technological changes over time, which ultimately is the very matter we are trying to address with the bill.

The fourth is that the government respectfully disagrees with amendment 6 because of concerns that it could limit the CRTC's ability to impose conditions respecting the proportion of programs to be broadcast that are devoted to specific genres, both for online undertakings and traditional broadcasters.

This could have the impact of reducing the diversity of programming on traditional airwaves, an outcome which goes against one of the primary policy objectives of this bill.

Regarding amendment 7, we are proposing that a change of wording be made to subsection 7(a) in order to better underscore the importance of supporting creators and to sustain and build on Canada's creative sectors.

The government also respectfully disagrees with subsection 7(b) which proposes that no factor is determinative in establishing Canadian content rules. The proposed amendment would impact the flexibility of the CRTC to determine the appropriate definition for Canadian content. Our position on this is simple; we agree with the fundamental principle that Canadian content is first and foremost made by Canadians.

Another change we are proposing is to amendment 9(b) concerning public hearings. Here the government suggests the deletion of subsection 2.1, which calls for a public hearing to be held after a proposed regulation or order is published. The CRTC consults interested parties before a regulation is developed, not afterwards. Requiring a second public hearing after decisions are taken by the CRTC during regulatory proceedings would entail unnecessary delays in the administration of the act.

Finally, the government respectfully disagrees with amendment 11, which seeks to prohibit the CBC from broadcasting an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming. Here, again, our reasons for disagreement go back to the core objectives of the bill. The issue addressed by the amendment falls outside the scope of Bill C-11 and its policy intent, including online undertakings in the broadcasting system.

I have outlined the government's position with respect to the excellent and thorough work completed by our esteemed colleagues in the other place. We have agreed to the majority of the proposed amendments, and we disagree on just eight points. Overall, I see the collaborative efforts that have brought us here, and they were of great success.

We have arrived at this point, just shy of the finish line, thanks to the contributions and hard work of parliamentarians, public servants, industry experts, content creators and Canadians. Now is not the time to abandon the commitment to collaboration. We will continue to listen.

Should this bill receive royal assent, the Governor in Council would issue a policy direction to the CRTC on how the new legislative framework should be applied. This would require a notice period of at least 30 days, during which stakeholders and other interested persons may provide comments, concerns and recommendations regarding policy direction.

The CRTC would hold its own public processes prior to implementing the new broadcasting regulatory framework. This would provide a further opportunity for all stakeholders, including radio broadcasters, online streamers, distributors, artists, producers and industry groups to provide input.

As members can see, we will now continue to move forward together. We will ensure Canadian artists and storytellers thrive and prosper well into the digital age and that the beat of Canada's diverse culture is heard loud and clear, everywhere for everyone.

Digital Charter Implementation Act, 2022

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, we have talked a lot about Bill C-18 and Bill C-11. There have been many comments from people outside of this place, like experts in the field. Lots of different things have been said, and the reality is this. The government is going to have gatekeepers in place who will tell Canadians what they can see and what they can hear on the Internet. That is what we as Conservatives are fighting against. We do not want the government to be the one to tell Canadians what they can see, what they can read and what they can post online.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I, too, found my colleague from Saskatoon West's comments on Bills C‑11 and C‑18 quite interesting. There will be an opportunity to return to Bill C‑11, likely later. I was particularly surprised by the comments on Bill C‑18, especially in a context where Google is currently blocking access to news content for nearly 2 million Canadians, which is no trivial matter. By the way, we still do not know why.

I have heard so much misinformation, it is outlandish. Bill C‑18 requires digital giants to negotiate agreements. It is not forcing them to do anything other than negotiate agreements to pay the companies that produce the news content they use and get rich off of. It seems quite logical to me.

The point I took the most issue with in my colleague's comments was when he said that Bill C‑18 will allow the government or the CRTC to decide what news people will be able to access online.

Since he seems to be an expert on the subject, I would like him to tell me specifically what clause of Bill C‑18 would allow the CRTC to do such a thing.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, I have many things to say, but where to begin?

First, Google is one option. There are many other browsers that can be used. If someone does not like one of them, they can go to another. That is the beauty of the free market and companies providing services.

The other thing is that Google's response was a direct response to the government's proposed legislation. The government refuses to admit that there are consequences to what it is proposing. There are significant consequences to the government dictating what consumers in Canada can see. This will affect everybody from consumers themselves to the companies that provide content.

It is an example of the government being completely oblivious to the real implications of what it is proposing with its legislation in Bill C-11 and Bill C-18.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, it is a privilege to rise in this House.

Another day, another debate about an NDP-Liberal piece of legislation about Internet freedom in Canada. The good folks on the west side of Saskatoon have heard me speak in this place about Bill C-11 and Bill C-18, two bills aimed at controlling what Canadians see and post on the Internet.

Today we are dealing with Bill C-27, which is aimed at protecting the online data of Canadians. This legislation is meant to put safeguards around the use of artificial intelligence and establish rules around Internet privacy. Sounds good, sounds noble and sounds like something we should support. To a certain degree I do support these initiatives.

However, I have deep reservations with this legislation as it exempts the Government of Canada from these very safeguards. Do we as Canadians need the protections in this bill from companies? Absolutely, but we also need protections from government, especially this NDP-Liberal coalition government that wants to take away some of our liberties and freedoms.

Some on the other side may accuse me of fearmongering about the NDP-Liberal suppression of civil liberties and freedoms on the Internet; I am not. Let me lay out the facts, and the people in Saskatoon West can decide for themselves.

Bill C-11 is the first piece of legislation meant to strip of us of our rights to free speech on the Internet. Conservatives such as myself and free speech advocates have been warning that the provisions put in place by the NDP-Liberals to have government-appointed gatekeepers decide what is acceptable speech or not in Canada will lead to disaster.

We have already seen that a prominent University of Toronto professor has been threatened with the revocation of his licence and livelihood for tweeting out against this legislation and the current Prime Minister. Imagine what would happen when the Prime Minister has the full weight of the law to simply muzzle this type of speech. Anyone who disagrees with him would be silenced and would be fined, lose their livelihood, and what is next, go to a re-education camp? We all know about the Prime Minister’s fondness for the basic dictatorship of the People’s Republic of China, heck, he does not even mind if the People's Republic of China funnels money to his family foundation and tilts elections towards the Liberal Party of Canada in this country.

How about the second piece of legislation meant to limit our Internet freedoms, Bill C-18? That legislation allows government-appointed gatekeepers to decide what is or is not news in Canada, and forces private companies to block content they do not like from their feeds and search engines.

If there is a story critical of the NDP-Liberal coalition and the Prime Minister, they call it fake news and ban it. If there is another fawning story by Andrew Coyne in The Globe and Mail about the Trudeau Foundation and the Chinese Communist Party, it is forced to the top of everyone’s news feed and search engine, like it or not.

When I spoke about Bill C-18 in December I warned of the consequences that this legislation would have. Specifically, I mentioned conversations I had with Google and Amazon Web Services and the impact on how they deliver services to Canadians. Google flat out told me it would simply get out of the business of delivering any and all news to Canadians as it did not want to become an instrument of the Canadian government to spread partisan messaging for the party in power. Just last month it began beta testing how it could shut down its news services for Canadians.

We need a 21st century solution to this problem, not one based on ideas from 40 years ago. Bill C-27 is supposed to protect people’s data from corporations. We need that but what we need, as well, is protection from this NDP-Liberal government when it comes to privacy.

Bill C-27 completely fails us in that area. The government has dragged its heels on Internet privacy for years, and unfortunately it has been a pattern to consistently breach our digital privacy rights. We saw it when the government waited until just last year to ban Chinese telecom giant Huawei from operating in Canada while other countries did the right thing years before us.

We saw it with the $54 million “arrive scam” app tracking Canadians border travel up until September 30, and the public bank account freezing for people who donated to the truckers last year. The list goes on and on. In the words of Alanis Morissette, “Isn’t it ironic?” when we hear the government start to talk about online privacy rights. I just hope it learns to start respecting the privacy of Canadians.

Let us take a look and see if this legislation actually protects the online privacy of the people of Saskatoon West. After all, they are rightfully distrustful of government and corporations when it comes to accessing their data

Here are some examples showing why they are distrustful: Tim Hortons tracking the movement of users after they have ordered something on their app; the RCMP using Clearview AI to access a data bank of more than three billion photos pulled from websites without user consent; and we cannot forget Telus giving the federal government access to the movements of over 33 million devices over the course of the pandemic.

When governments abuse their power, it destroys the level of faith Canadians have in their institutions. In fact, if we look at polling data, we see that the number of Canadians that have faith in their government is at an all-time low. With scandals like these, it is no wonder why.

If we want to improve the level of trust held between individuals and institutions, we must look at protecting Canadians' private data. If we dive into this legislation, it seems the intent is to create a level playing field between citizens and companies when it comes to how their data is used. However, if we look into it further, the balance between businesses using business data and the protection of our privacy is off.

The bill, as it is currently written, skews toward the interests of corporations rather than the fundamental rights of individuals. There are too many exceptions granted to businesses in this legislation. Some are so broad that it is like the legislation never existed at all.

For example, business activities are exempt if a “reasonable person” would expect a business to use their data, without including the definition of what a reasonable person is. The concept of legitimate business interests has been added as an exemption to consent. How does one determine if a business interest outweighs the privacy rights of an individual? Finally, the bill does not recognize privacy as a fundamental right. This absence tips the scales away from Canadians and could affect how their privacy interests are weighed against commercial interests in the future.

Artificial intelligence comprises a major component of this legislation. AI is becoming a key tool in today's world, much like engineering was in the last century. In the past, an engineer would sit down and design a bridge, for example. Obviously, the failure of a bridge would be a huge event with the potential for major disruptions, significant costs, potential injuries and even death. Therefore, we have professional standards for engineers who build bridges, but what about artificial intelligence?

In today's modern world, AI is used more and more to perform ever more complex tasks. In its early stages, AI was used as a shortcut for repetitive tasks, but as the technology advances, it is now being used for much more. In the future, it is not unreasonable to expect AI to play a significant role in designing a bridge, for example. Artificial intelligence also needs to have standards, which is why our universities teaching AI put a big emphasis on ethics, as there are huge implications.

I know first-hand the dangers of unregulated AI systems interfering in our day-to-day lives. On the immigration committee, we have studied this issue and looked at how Canada's immigration department is using Chinook, a so-called e-tool to help IRCC bureaucrats assess applications in bulk form. This AI program was introduced in-house by these bureaucrats, which means the software's algorithms are beholden to the beliefs of its creators.

The concerning part of all of this is that there is a known culture of racism within the department, and members do not have to take my word for it. The NDP-Liberal Minister of Immigration said this of his own department at committee: The IRCC “has zero tolerance for racism, discrimination or harassment of any kind. However, we know that these problems exist throughout the public service and in our department...[and] we must first acknowledge this reality.”

There were no outside consultations done on the use or creation of this artificial intelligence application, and rejection rates have climbed since its introduction. Although I am pleased that the government is finally looking to add a framework to address concerns surrounding AI, it needs to get its own house in order first.

I will wrap up with these final thoughts.

If we are going to address concerns surrounding our digital privacy, we must listen to Canadians, and many Canadians are worried that this legislation does not protect them. I have met with Bryan Short from OpenMedia, and he said this:

Bill C-27...only plays brief lip service to privacy being a fundamental human right in its preamble; Bill C-27 fails to do the more important task of inscribing the privacy rights of people as being more important than the business interests of companies.

The bill before us is supposed to be about protecting Canadians' privacy, yet it completely avoids inscribing privacy as a fundamental right. We all know the saying “There is no point in doing something unless you do it right”, and it is quite clear that the government needs to go back to the drawing board once again on some aspects of this legislation since there is not much evidence of it consulting Canadians on how their data was actually used.

I believe the former Ontario privacy commissioner, Ann Cavoukian, said it best in 2020 during the initial Liberal attempts to bring in privacy reform to Canada when she stated:

[With] the Liberals under [the Prime Minister], it's been extremely weak. They have not addressed repeated requests from the federal privacy commissioner to strengthen existing privacy laws.... I'm tired of that. I want a party that will walk the talk. And I'm hoping that will be the Conservatives.

Canadians can count on the Conservative Party of Canada to walk the talk when it comes to strengthening our privacy laws, and Canadians can count on the Conservative Party of Canada to respect their freedom of expression online. We will scrap the online censorship legislation put in place by this tired, worn out, costly coalition. We will allow people to choose for themselves which news they want to consume, not just what the government wants them to see. Under our new leader, we will be the voice of those left behind by the NDP-Liberal government, and we will put Canadians back in the driver's seat of their own life.

Canadian Heritage

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I do not think my colleague understands what he is talking about.

If he is talking about Bill C-11, it is simply asking streamers to support Canadian culture. If he is talking about C-18, it is simply asking the web giants to support independent journalism.

One thing remains: the Conservatives keep filibustering things that are absolutely essential for Canadians. If they do not want to help, they should stay out of the way and let us do the job.

Online News Act

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, I rise on a point of order. Thank you for making that clarification on Bill C-18.

There is a defect in the design of the House. While making your statement, there was much noise outside, quite disrespectfully, when you were trying to inform us of the corrections that are being made to this bill.

I have raised this multiple times, but since this is the first day of the return of our session, I wonder if you, Mr. Speaker, would be able to ensure that, in the future, people who are walking in the courtyard around this chamber would reduce the amount of noise they are making. I am sure that when the minister rises to make her inaugural speech on the bill she will be moving she would like silence in the chamber, and I would like it as well.

There is too much noise in this chamber that is interfering with the work of members on the floor of this House.

[The Speaker, Anthony Rota]

The Chair wishes to inform the House of an administrative error that occurred with regard to Bill C-18, an act respecting online communications platforms that make news content available to persons in Canada.

Members may recall that the Standing Committee on Canadian Heritage made a series of amendments to the bill, which were presented to the House in the committee's fourth report on December 9, 2022. The committee also ordered that the bill, as amended, be reprinted for the use of the House at report stage.

The House concurred in the bill, as amended, at report stage on December 13, 2022, and adopted the bill at third reading the following day.

Following passage at third reading, as per the usual practice, House officials prepared a parchment version of the bill, which was transmitted to the Senate. Due to an administrative error in the committee's report, which was also reflected in the version of the bill that was reprinted for the use of the House at report stage, the report and the bill both included a subamendment, adding a new clause 27(1.1) to the bill, which had been negatived by the committee and should not have appeared in the bill.

Given the tight timelines between the presentation of the report and consideration of the bill at third reading, the error went unnoticed before the bill was passed. Nonetheless, the decision taken by the committee was clear, as recorded in the minutes of the meeting. The Chair has no reason to believe that members were misinformed when they adopted the bill.

This error was nothing more than administrative in nature. The proceedings which took place in this House and the decisions made by the House with respect to Bill C‑18 remain entirely valid. The records of the House relating to this bill are complete and accurate. However, the documents relating to Bill C‑18 that were sent to the Senate included an error and were not an accurate reflection of the House's intentions.

Similar situations have been addressed by my predecessors, such as in a ruling on April 12, 2017, found at page 10486 of Debates. Guided by this precedent and others, similar steps have been taken to address the current case.

Once the error was detected, House officials immediately communicated with their counterparts in the Senate to inform them of the situation. The Chair then instructed House officials to take all the necessary steps to correct the error in both the committee's report and the bill itself, and to ensure that the other place has a corrected copy of Bill C-18. A revised version of the bill will be transmitted to the Senate as per the usual administrative process.

Furthermore, the Chair has asked that a rectified “as passed by the House of Commons” version of the bill be printed and that the fourth report of the committee be corrected accordingly.

In light of this situation, the Senate will be in a position to make its own determination as to how it will proceed with Bill C‑18.

I thank all members for their attention.

The hon. member for Calgary Shepard on a point of order.

Canadian Heritage

[Hedy Fry, Liberal, Vancouver Centre, BC]

Madam Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on Canadian Heritage in relation to Bill C‑18, an act respecting online communications platforms that make news content available to persons in Canada.

The committee has studied the bill and has decided to report the bill back to the House with amendments.

Business of the House

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

Mr. Speaker, that is a good question. We will continue our discussions about when the House will adjourn for Christmas. This afternoon, we will continue debate on the Conservative Party's opposition day motion.

After that, we will vote on the adoption of the supply for the current period. Tomorrow, we will be begin debate at report stage of third reading of Bill C-9, the judges bill.

Next week priority will be given to Bill S-8, the sanctions legislation; Bill S-4, COVID-19 justice measures legislation; and Bill C-18, the online news act.

Fall Economic Statement Implementation Act, 2022

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I thought I was going to be taken to task by the Liberals after my speech, but instead, in hockey parlance, they are giving me an assist. I thank my colleague, who is also a member of the Standing Committee on Canadian Heritage. He knows where I stand on the media, artists and the cultural industry.

There are two extremely important bills that really should be passed quickly. One is stuck in the Senate, which is outrageous. The Senate needs to stop playing games with Bill C-11. The cultural industry is depending on it. The web giants need to pay their fair share in every sector in which they are making a profit in Canada and Quebec, and that includes both the cultural industry and the broadcasting industry. This is also about protecting our news media.

We are working hard on Bill C-18, which is currently being examined in committee. Things are moving along well, and there is goodwill. I completely agree with my colleague. We need to do everything we can to ensure that the web giants contribute in sectors where they are making exponential profits.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, it is an honour to speak to the fall economic statement this afternoon.

I have to say that I am, along with many Canadians, deeply disappointed in the fall economic statement because it was an opportunity to provide real leadership to Canadians, give relief to small businesses in this country and take action to address the rising costs we are seeing coast to coast to coast.

It seems that the Deputy Prime Minister has forgotten that we are in the worst cost of living crisis we have seen in a generation. Inflation, as we have talked about for months in the House, is at a 40-year high. Gas prices are still at record levels, especially diesel. Housing is more expensive than it has ever been.

Where did this crisis start? This time, the Liberals cannot blame the person by the name of Stephen Harper. They have had seven years to correct this. They want to blame global economic conditions, and sure, maybe that has a bit to do with it. However, what is the real root of the inflationary crisis we find ourselves in today? What has made everything worse in this country? The Liberals know, but they do not want to say. They know that the crisis has been caused by years of massive out-of-control Liberal deficit spending.

I was here in 2015 when the Liberals came into power, and Conservatives left them with a balanced budget and a very good economic forecast. That was left to them by a responsible Conservative government. They, in seven years, squandered it. I get it. The Prime Minister could not help himself. His agenda was failing, so he needed to try and buy votes every way he could think of.

However, the chickens have now come home to roost. The price of chicken, by the way, has doubled since the Liberals took office in 2015. All that spending they have done in the last seven years has driven inflation to a 40-year high. Canadians coast to coast to coast are struggling mightily.

Canadians are having to choose between filling their cars with gas, putting food on the table and heating their homes. A paycheque today does not go as far as it used to. Liberal inflation, combined with Liberal tax hikes, means that Canadians need to do more with less.

What does the government propose? It proposes to make everything worse in this country. This economic statement introduces another $20 billion of inflationary spending to drive inflation up even further. It also includes hikes to EI premiums next month and to CPP contributions, taking more money off of everybody's paycheque.

Instead of stopping their tax hikes, the Liberals are pushing forward with their plan to triple the carbon tax in 2023. That is right. In the dead of winter, the Liberals will be raising the cost of fuel, home heating and groceries.

Food bank usage, as we all know, is already at an all-time high in this country, with a 35% increase in the last year. In my city of Saskatoon alone, with a population of about 250,000, about 20,000 people a month visit the food bank. The city of Saskatoon used to be the economic engine of Canada.

Executive director, Laurie O'Connor, admits the numbers she sees coming through her door every day are very concerning. The donations of food and purchasing power have significantly decreased because food is so expensive. It is going to only get worse.

Members may recall that the 13th edition of Canada’s Food Price Report came out yesterday. It says a family of four will see their food bill go up by over $1,000, reaching about $16,000 a year. According to Stuart Smyth from the University of Saskatchewan, who helped in the report that was released yesterday, a family of six will pay over $21,000 in 2023 for food.

The problem is right in front of the Liberals' faces, and they have simply ignored it.

In Saskatchewan, the temperature today hit between -30°C and -40°C, and it is early December. People of my province are trying to figure out what temperature they can afford to set their thermostat to. If we think about it, in the last week in Saskatchewan, it was -30°C to -40°C already, and we are not even at January temperatures.

I want to know what the Prime Minister would say to the families who are already struggling to put food on the table when they see the last few dollars they have being used up when they move the thermostat up. The Prime Minister and the Liberal government has failed those families. They have failed retirees and the people living with disabilities who are on a fixed income.

What should the government be doing today?

First, without question, it should cancel all planned tax hikes and stop any government-mandated increases to the cost of living, with no hikes at all to payroll taxes and no tripling of the carbon tax. Canadians simply cannot afford any more of this Liberal tax increase.

Second, it needs to stop creating new inflationary spending. We know that government spending is only going to make inflation worse. If a minister wants to spend more money, he or she should have to find the equivalent savings in their budgets. Even the Deputy Prime Minister mentioned that a bit in the fall economic report. However, while she did mention it, the Liberals gave the CBC an additional $42 million over two years. Why? It is because the CBC had a tough time during the pandemic.

This is the type of spending that has got to stop in this country. The CBC, the public broadcaster, already gets between $1.2 billion and $1.5 billion, but they will then be given an additional $42 million over two years. Plus, we found out today that it is going to be at the trough when Bill C-18 gets cleared through the House. The public broadcaster will be one of the biggest beneficiaries from Google and Facebook when that bill passes through the House.

When the Prime Minister was first elected he promised that deficits, as we all recall, were not going to exceed $10 billion and that he would balance the budget by 2019. We all know that was a farce.

The pandemic is not the only thing to blame here. Forty per cent of the government's new spending measures had nothing to do with the last two years of COVID. Since coming to power, the Prime Minister has introduced $205 billion in new inflationary spending, which had nothing to do with COVID, and I just mentioned the public broadcaster.

The cost of the interest payments on the federal government's debt has doubled. The payments are nearly as high as the cost of the health transfers to the provinces. Imagine what could be done today if that money were directed elsewhere.

Instead, due to this Liberal mismanagement, we have interest rates that are increasing faster than they have in decades. In fact, we expect another 50 basis points tomorrow by the federal Bank of Canada. Mortgage payments, as we all know, are going sky high. Therefore, anyone who bought a house a few years ago and has to renew their mortgage could pay up to $7,000 more a year. Many Canadians cannot afford that. Some, unfortunately, are losing their homes.

While the Liberals are focused on making the problem worse, Conservatives are going to propose some solutions for Canadians. Instead of printing more money, a Conservative government would create more of what money buys. We will get more homes built and make Canada the quickest place in the world to get a building permit. Young Canadians who have never been able to afford a home and start a family under the Liberals will find a more competitive and more affordable market under our Conservative government.

A Conservative government will make energy more affordable. We will repeal the anti-energy laws and axe the carbon tax. We will not punish Canadians for heating their homes or simply driving their kids to activities, if they can even afford those activities in 2023.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I thank the member for his question.

Bill C‑18 is another bill that we are working on. The principle of this bill is to help small media organizations. This is another example of the Liberals saying one thing and doing another. This bill will not really help small organizations because Bell Media, Rogers and CBC will get all the money. I would prefer that Facebook and Google put money into a fund and that the small media organizations sign an agreement to share the money.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I am very happy to speak to the fall economic statement, and I am lucky I got the chance before the government shut down debate, which it is doing today. In my usual format, I will look at the different sections of the fall economic update and tell members what I think about them.

To start off, the first section is called “Sound Economic Stewardship in Uncertain Times”. That sounds like something everybody would want. These certainly are uncertain times, so sound economic stewardship sounds like just what we need. The problem is the document has nothing to do with sound economic stewardship.

We have more inflationary spending, after economists and experts have said that more inflationary spending is just going to cause more inflation. We have the highest levels of inflation we have had in 40 years. I am not sure why, but I expected more from a Prime Minister who has spent more money in his term in office than all other prime ministers have spent put together. The earning power of Canadians is at the lowest point it has been in decades, and I am very concerned that we have not taken the appropriate actions in the fall economic statement to address sound economic stewardship.

Our debt is so large that we will pay $22 billion of interest on the debt next year. In two years, we will be paying $44 billion for interest on the debt. That is not the debt itself; we are not paying the debt down. Just the interest on the debt will be $44 billion. That is more than all of the health transfers to all of the provinces. I really think that was a missed opportunity.

Let us move on to the second part: “Making Life More Affordable”. Again, it sounds like a really good idea. I think Canadians would say they need life to be more affordable. However, this is what the Liberals always do: What they say sounds good, but what they actually do is not that good.

Fifty per cent of Canadians cannot pay their bills. Personal debt is at an all-time high. What do the Liberals do? They increase the tax that is going to drive up the price of groceries, gas and home heating. Is that going to make life more affordable for Canadians? No, it is not; it is just going to make it worse. I really think the government needs to listen to what Canadians are saying and understand the dire straits that many Canadians are facing in losing their houses and having to choose between heating and eating. Something needs to be done and the “something” is not what was in the fall economic statement.

There is a lot of wasteful spending going on, and I was shocked to find out about the $450 billion we pumped out the door during COVID. Some supports were definitely needed during the pandemic, but I heard the Parliamentary Budget Officer say that 40% of them had nothing to do with COVID. That is an incredible amount of money. We have to stop wasting it.

I agree that climate change needs to be addressed and I agree we need to reduce emissions, but we have spent $100 billion and the Liberal government has failed to meet any of its emissions targets. We are number 58 out of 60 on the list of countries that went to COP27 with Paris accord targets. We spent $100 billion, but what do we get for it? We get absolutely nothing.

We have to do better about spending taxpayer money to get results. Members today were saying that it is a real emergency; we have flooding and wildfires. They can ask themselves how high the carbon tax in Canada has to be to stop us from having floods or stop us from having wildfires here.

As a chemical engineer, I will say that Canada is less than 2% of the footprint. We could eliminate the whole thing and we are still going to have the impacts of floods and wildfires until the other more substantive contributors in the world, such as China, which has 34% of the footprint, get their act together. We can help them get their act together. If we replace with LNG all the coal that China is using and the coal plants they are building, it would mean jobs for Canadians and would cut the carbon footprint of the whole world by 10% or 15%. That would be worth doing, but it was not in the fall economic update.

I do not know if there are problems with math on the opposite side, but the Prime Minister ordered 10 vaccines for every Canadian. I do not know if he knew that two or three vaccines, or four or five maximum, were all we were going to take. Now all the rest of the vaccines have expired and have all been thrown away. What a huge waste that is. They could have gone to countries that do not have vaccines or that cannot afford to buy them. That is just one example of the wasteful spending.

The next section was called “Jobs, Growth, and an Economy That Works for Everyone”, and I think that sounds like something everybody would like. Every Canadian wants jobs, growth and an economy that works for everyone. However, in the fall economic statement we saw that we have only half the GDP growth we expected and predicted earlier this year, so we did not get the growth, and we have lost a lot of jobs and gotten a few jobs back, but it did not work for everyone.

If someone was unable to take a vaccine due to a medical issue or because they made a personal choice, they got fired, lost their job. Just to make the pain double, even though they had paid into an employment insurance program, paid the premium and should get the benefit, the government made sure that nobody who refused a vaccine could get that, so it does not work for everyone.

The last section is called “Fair and Effective Government”. Again, who could disagree with fair and effective government? I want the government to be fair. I want to live in a fair democracy, and I want the government to be effective. That would be wonderful, but today we have passports taking seven months to process, and there are 2.5 million immigrants caught in the backlog at IRCC. The average wait time for some of those types of permits is 82 months. We have the Phoenix pay system and the ArriveCAN app. Everything is broken all over the government. There is not any effective government happening. Yes, I think we should have it, but it is not in there.

With respect to a fair government, this is the Liberal government that brought in the Emergencies Act. We are waiting for the final word on it, but a lot of people have said there was no threat to national security and there was no emergency. The law enforcement people did not ask for it and the provinces did not ask for it, yet the government froze the bank accounts of Canadians without any warrants. That is not a fair democracy.

There is a freedom of speech war going on in our country. Bill C-11, Bill C-18 and all the bills the government brings forward whereby the government is going to get to control the speech of Canadians and the media, are not fair. We have evidence that CSIS talked to the Prime Minister and said Chinese money from Beijing was funnelled to 11 election candidates, with no transparency on who they were, and that there was interference in the 2021 election, again with no transparency. That is not a fair, democratic government.

I could go on about rental and dental, where the government has driven up the cost of housing. The average cost of housing rental was $1,000 in Canada, and now it is $2,000. With one hand the government is going to give a cheque for $500, but with the other hand its policies cost an increase of thousands of dollars, $12,000 a month on average in Canada. That is the way the government is working. It gives a little but takes a lot back, and that is not what we want to see, so I cannot support the bill that goes with the fall economic statement. I think we have to do better.