Online News Act

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

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 22, 2023 Passed Motion respecting Senate amendments to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
June 21, 2023 Failed Motion respecting Senate amendments to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada (reasoned amendment)
June 20, 2023 Passed Time allocation for Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
Dec. 14, 2022 Passed 3rd reading and adoption of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
May 31, 2022 Passed 2nd reading of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
May 31, 2022 Failed Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada (amendment)

Canadian HeritageOral Questions

June 21st, 2022 / 3 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalMinister of Canadian Heritage

Mr. Speaker, that is a great question and was far better than any of the questions from the opposition. I congratulate my colleague on the excellent, or even extraordinary, work he is doing. I am happy to hear that the opposition appreciates him.

Our G7 allies are very interested in what Canada is doing in matters of culture and democracy, especially with respect to Bill C‑18, which would require that the web giants compensate Canadian journalists. Countries around the world are experiencing the same problem. The web giants use our journalists' content and often do not compensate them. This needs to change and we will make these changes with our allies.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:10 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I want to start my speech with an aside once again. I am definitely making a habit of starting my speeches with an aside. I want to do this and I think everyone will be fine with it, because last Friday was graduates' day. In Quebec, we celebrated students graduating from high school, CEGEP, vocational school and other schools. We applauded their efforts and their determination at an important step in their studies. I therefore wanted to take a few moments to commend graduates in the riding of Drummond. I am thinking in particular of Elsa Darveau and Ève Turgeon, two young ladies that I adore. Back home, I want to applaud my stepson Christophe and his girlfriend Sophia who are also headed to CEGEP. I want to commend and congratulate everyone graduating in Quebec and Canada, and all those taking this big step in their studies.

I hope that this will be the last time we rise to speak to Bill C‑11. I am optimistic that it will be. We worked on Bill C‑10, we worked on Bill C‑11. It is time to pass this bill that our cultural and broadcasting industries have awaited for such a long time.

I must say that we put a lot of hours into Bill C‑10 after it was introduced in 2020. The spotlight was on us, as members of Parliament, and we were being congratulated and patted on the back by our colleagues and others, but there is a whole team working behind the scenes. I want to acknowledge my support team, which did extraordinary work during our study of Bill C‑10 last year and during our study of Bill C‑11 now before us.

I especially want to thank my assistant Mélissa, who did an amazing job planning more than 60 meetings with stakeholders from all across the industry and who worked non-stop to prepare for the committees. She did an amazing job. I thank my friend Éric, who contributed his thoughts and experience, our research friends, Michael and Vincent, and the whip's team, Paul, Marie-Christine and Charles.

I want to say a special thank you to my colleague from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, who is here in the House today. Last year, she held meetings on Bill C-10, and she put in a lot of effort. It was a bill that she cared a lot about. I imagine she is pleased today to see that Bill C-11 will be passed. She was a singer in a former life. Actually, that is not true. She will always be a singer. In fact, the Standing Committee on Fisheries and Oceans has the opportunity to benefit from her talents at just about every meeting. I think this bill was particularly close to her heart because she has made a living from singing and she knows how important the Broadcasting Act is to the entire cultural industry. I therefore thank my colleague for her wonderful help.

I feel like I am giving a thank-you speech at an awards ceremony, but I think it is important. I hope others will follow suit.

I also want to say a big thank you to the interpreters, the committee staff, and the clerks' office staff, who do an absolutely incredible job, always behind the scenes. Without them, I do not think we would be able to get anything done. I want to sincerely thank them as well.

With that, I want to focus on a number of very important things that were added to Bill C‑10, which I spoke about earlier. My pet analogy is that Bill C‑10, as introduced on November 3, 2020, was like a blank paint-by-number. The numbers were there, but they were in need of paint to fill in the structure and content of a bill that was lacking on both fronts.

Earlier, the parliamentary secretary talked about Bill C‑10 and Bill C‑11 as though they were essentially one and the same. He is not completely wrong about that, but he should have said that it was actually the final version of Bill C‑10 as amended and the version of Bill C‑11 as introduced that were virtually the same. That is an important distinction because a lot of work was done on Bill C‑10. Specifically, a lot of work was done to take out significant sections of the Broadcasting Act, for example, paragraph 3(1)(a) on the Canadian ownership and control of broadcasting entities. Last year, the Bloc Québécois proposed an amendment to Bill C‑10 to replace it with the following: “the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and foreign broadcasting undertakings may also provide programming to Canadians”.

The wording has changed a bit in Bill C‑11. Without getting into it too much, we would have preferred the wording from Bill C‑10, but this is still an important amendment.

We often say that the Bloc Québécois put the protection of French back into the broadcasting bill. That is true, and it is in Bill C‑11 because we managed to add it to Bill C‑10. Here is what the new subparagraph 3(1)(i.1) says: “reflect and support Canada's linguistic duality by placing significant importance on the creation, production and broadcasting of original French language programs, including those from French linguistic minority communities”.

There is an important nuance here that I think is worth bearing in mind and repeating. The bill talks about “original French language programs”, not programs in French. If we had stuck with “programs in French”, as the bill seemed to suggest before we amended this clause, then content dubbed in French would have been given equal weight regardless of the original language. What we were calling for, and it was entirely legitimate for us to do so, was original French content, meaning broadcasting companies would be required to produce original content in the language of Molière, Vigneault, Leclerc, Lévesque and myself.

I am talking a lot about Bill C-10 because we added a few things to it, some of which also made their way into Bill C-11, so they have been discussed again.

One of them was the issue of discoverability, which really got people talking. It has become quite hackneyed and used to spread appalling misinformation. I talked about discoverability in the House last week, and I think it is pretty straightforward as a concept. It aims to ensure that local content is promoted, easy to find and available on any broadcasting platform.

I cannot imagine anyone thinking to themselves that, yes, we produce great content but that we need to make sure that no one can find it, so as not to completely confuse the algorithms of the big foreign companies, which will stop liking us.

I was elected by Quebec voters, who want me to protect their interests. I was not elected by multinational corporations that are based abroad and who report virtually no revenue, pay virtually no taxes and contribute virtually nothing to our broadcasting system and our cultural industry in Canada.

I therefore have no problem imposing discoverability requirements on these businesses, because I find that it makes sense. I find it contemptible that this requirement has caused so much outrage and been used as justification by those who claim that this broadcasting bill essentially amounts to censorship.

Another very interesting addition made to last year's bill is the sunset clause. This emerged from the realization that the Broadcasting Act has not been updated, revised or amended for more than 30 years, and that if nothing were done, it would more than likely be quite some time before a new act were adopted or amendments made to the new Broadcasting Act.

Why would we not require a re-evaluation at specified times to make the necessary amendments and adjustments? That is one of the fine additions included in Bill C-10, and then in Bill C‑11, and it will require the House to review the Broadcasting Act every five years. If some things are not being done properly today, we will not have to wait 30 years to correct them.

Bill C‑11 has had quite a strange trajectory. We can agree that the process was a little messed up. In other words, it was short-circuited or neglected. I apologize; perhaps I could have used a better term.

It did not help that the Conservatives decided they were going to oppose the bill in any way they could, by filibustering during some very important meetings, even though the study process had already been planned out when the committee received the bill. In response, the government opted for a closure motion, which made it tough to talk about amendments and advocate for amendments.

This meant that the committee was not able to have the types of discussions it would normally have when amendments to bills are proposed. I think that the discussion can open members' minds. I wanted to hear my colleagues make arguments, even the ones I find far-fetched. In committee, we are meant to discuss, listen to what others say and keep an open mind. This is how we can amend Bill C‑11 as effectively as possible.

A few Bloc Québécois amendments were rejected. I think the main reason they were rejected is that we did not have the opportunity to explain them. There was no room for debate, particularly on the control we want to have over online companies, or rather the control we refuse to have over them.

It is unbelievable. When we tried to force American, Chinese and international companies, foreign companies, to hire Canadian and Quebec human resources, creative resources and talent as much as possible, I was told that it is impossible because the companies are already investing a lot of money. I was told that we cannot force them to hire locals because that would be too upsetting. That is what I was told. These companies and the web giants say that they are already contributing a lot and that it would be inconvenient if they were forced to use Canadian resources as much as possible. To that I say, they are always nibbling away at the advertising pie and taking the revenues for themselves.

I really want members to understand this. People in this flourishing industry are on the verge of switching careers. They no longer have an income, and media outlets are closing up shop, yet web giants tell us they do not want us to impose those kinds of constraints. Our doormat of a Canadian government lies down and has no problem letting them walk all over it.

I sincerely hope the government will take a somewhat firmer stance, especially when it comes to orders the CRTC can give. The CRTC does actually require good faith negotiations between the companies that create programs and those that distribute or broadcast them, and obviously that includes online platforms in our current system. That means the CRTC would need the tools to impose fair negotiation rules should good faith negotiations not happen. That idea was turned down too.

I was told it would not work, that the government could not give the CRTC tools to respond should negotiations not take place in good faith. That means big corporations will be able to walk all over our little-guy production companies and carry on exploiting our Quebec and Canadian content creators for profit.

Who might need these negotiations to be protected? Small programming businesses might need that, although many of them have grown. Consider APTN, for example. APTN's wonderful model is being emulated around the world. New Zealanders were inspired by what APTN has done in Canada and created a similar channel. CPAC is another example. I think everyone here is quite familiar with CPAC. We can also think of The Weather Network. These are all businesses that need this protection, but they are not getting it because we think that if we are too strict with online businesses, they will be angry. Do we really think they will go away because they are angry? They make billions of dollars.

Here is another thing that really frustrated me. We hear about balancing the market, making the market fair to ensure that our traditional broadcasting companies are not penalized in relation to online companies. In that regard, I am quite happy that the part II fees, which imposed significant and onerous financial conditions on licensed broadcasters, have been dropped. I think dropping these fees should really help them, or at least give them a little breathing room. However, the CRTC still cannot issue orders.

Let us talk about one of the amendments that I thought did not make much sense:

The [CRTC] may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting...any change in the ownership or control of a broadcasting undertaking that is required to be carried on under a licence.

I said that the idea of a licence should be removed because we want that to apply to online undertakings. However, that was rejected. People did not want that to apply to online undertakings. It is as though they were still scared of the big online company monster. It is as though they were afraid of stepping on the toes of the giant.

We are afraid to step on the toes of the giant, but that giant is crushing us and we are saying nothing about it. We think it is amusing because we can watch our movies and our shows. We do not even realize that our creators are starving.

Bill C‑11 will pass. The result of the vote will be close, but it will pass. I hope that the fears of those who have profusely expressed them will be allayed when they eventually realize that the “censorship” and “control” of what they envisioned are fabrications. These arguments are pure fearmongering and really have no merit. All the rambling that took place over the past few months and the Conservatives' systematic filibustering when Bill C‑11 was being studied in committee has only resulted in the postponement of important studies, such as that of bill C‑18.

More than 450 news businesses have closed their doors. This is a crisis. Because so much time has been wasted for unfounded ideological reasons, a slew of media outlets, including small regional media, are on the brink of closure, and I find that outrageous. I think that these people should show their frustration by pounding a table and making sure their MPs hear them. It is absurd that Bill C‑18 cannot be studied sooner and that we must wait until the fall to discuss this urgent matter.

Motions in AmendmentOnline Streaming ActGovernment Orders

June 17th, 2022 / 10:30 a.m.


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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I rise today to speak to Bill C‑11 at report stage. Let me start by saying that this bill matters a lot to the Bloc Québécois and has since the last Parliament.

I spoke in favour of this bill in a speech last month. However, I would be remiss if I did not acknowledge the hard work of my colleague from Drummond, who has devoted himself, body and soul, to this bill ever since its previous incarnation as Bill C‑10. He deserves every bit of the applause I am hearing right now.

I will begin my speech today with a reminder about how important Bill C‑11 is to the discoverability of francophone culture. I will move on to a reminder about the importance of local media, and I will wrap up with an expression of hope regarding the importance of fighting misinformation, which has had such an impact on this parliamentary session.

As I was drafting my speech, I came across the Coalition for the Diversity of Cultural Expressions. The CDCE states that Bill C‑11, which updates the Broadcasting Act, is one of Canada's important and long-awaited cultural policies. On its website, the CDCE has what I think is a very good summary of the importance of Bill C‑11.

It ensures that Canadian creations and productions have a prominent place on our airwaves and on our screens, and that the companies generating revenues from access to culture in the music and audiovisual sectors contribute to their creation, development and distribution.

Canadians are increasingly accessing culture through online platforms. Much of the broadcasting ecosystem is transitioning to digital content. This has a number of benefits for the public and for creators: increased access to a variety of stories, music and ideas, increased opportunities for creators to launch their work, and renewed ability to reach audiences in Canada and around the world...

Many large corporations take advantage of this digital age without any obligation to contribute. Artists, creators, producers, publishers and other professionals of the music and audiovisual industries, as well as for Canadian society, do not reap the potential benefits of investment in the Canadian cultural ecosystem. C-11 was introduced to correct this unfairness.

Unfairness is indeed a problem.

The purpose of the new bill essentially remains the same as the previous one, namely to apply the Broadcasting Act to the web giants by forcing them to contribute financially to the creation and discovery of Canadian cultural content.

The Canadian Radio-television and Telecommunications Commission, or CRTC, will receive new powers that will allow it to determine which online services will have to be regulated and what quotas will need to be respected. Bill C‑11 will help better regulate video streamers such as Netflix, Apple and TV Plus, Disney+, Prime Video, but also companies that specialize in streaming music online such as Spotify, YouTube and Apple Music. The bill will require them to contribute to Canadian content when commercial items such as albums are downloaded and distributed on platforms.

However, the exclusion clause, namely clause 4.1, addressed earlier, has been revised. Now creators, users and social media influencers are exempt from the legislation. The money a creator earns from their content is immaterial in the eyes of the new legislation. So‑called amateur content on social media would be exempt. The legislation focuses specifically on commercial products.

The level of monetization of the use of content in full or in part by a broadcasting undertaking regulated by the CRTC will, among other things, be taken into consideration. The CRTC will also have the option to impose conditions associated with discoverability and the development of Canadian content.

The bill will not touch the algorithms that can influence the recommendations made to users, and that is very important. The Department of Canadian Heritage says it wants to focus on discoverability outcomes and not intervene directly with respect to web giants' algorithms. There are still questions to be asked, for example, on whether the two are not already intertwined and whether greater discoverability of Canadian and francophone content is necessarily dependent on algorithms.

In our case, it is the outcome that counts. Quebec, francophone and Canadian content must be much more accessible on platforms. Ottawa is trying to give the CRTC the power to hold discussions with each of the digital companies to determine how much they should contribute to Canadian content based on their business model. The CRTC will be able to impose administrative and monetary penalties on those digital broadcasters that refuse to comply with the Broadcasting Act.

Finally, the Minister of Canadian Heritage is proposing other legislative changes in his bill that will apply to all broadcasters, traditional or otherwise. The law should also strengthen programs produced by Canadians that cover news and current events—from the local and regional to the national and international—and that reflect the viewpoints of Canadians, including the viewpoints of indigenous persons and of Canadians from racialized communities and diverse ethnocultural backgrounds.

After everything we just talked about with regard to this legislation, I also want to mention the gains that the Bloc Québécois was able to secure with Bill C-11.

The Bloc Québécois did a lot to improve the previous version of the bill, namely Bill C-10, by ensuring the protection and promotion of original French-language programs; the discoverability of Canadian programming services and original Canadian content, including French-language original content, in an equitable proportion; the promotion of original Canadian content in both official languages and in indigenous languages; a mandatory contribution to Canada's broadcasting system if a company is unable to make use of Canadian resources as part of its programming; the requirement for first-run French-language content, in order to ensure there are new French-language shows on Netflix, for example, and not old ones; and a sunset clause that would provide for a comprehensive review of the act every five years.

This is very important, because we will thoroughly review C‑11 and meet with the various industry stakeholders and experts to get a sense of what is happening in the industry. We will have to keep evolving this law. We will not hesitate to try to improve it, if necessary, and we will surely propose again many of the hundreds of amendments that were rejected in the spring. Some of our proposals would have made improvements for local, community and independent players, for example.

We have to keep in mind we want a piece of legislation that will not be obsolete as soon as it is passed. Technology is developing very quickly, and we need a long-term vision to ensure that the act does not become outdated after just a few years. Flexible legislation is important, especially since Quebec's and Canada's cultural sectors have been waiting for decades for this act to be updated.

The cultural sector made a simple demand just a few days after Bill C‑11 was introduced. We need to ensure that this bill is passed quickly. The sector has waited long enough.

In May 2021, on Tout le monde en parle, even the former minister of Canadian Heritage said that every month that goes by without us enacting Bill C-10, now Bill C-11, represents more than $70 million that does not go to our artists in Quebec and Canada.

Second, do not forget that, like Bill C-18, which specifically focuses on assistance to print media and is based on the Australian model, Bill C-11 also fits into the context of this media crisis.

Since their inception, Facebook, Twitter and Google have been appropriating news articles and reports without giving any compensation to the authors or the media outlets concerned. For too many years, the digital giants have therefore been instrumental in dismantling our traditional media. This phenomenon began with national advertisers deserting traditional media for Facebook and Google, later followed by local advertisers, who also stopped buying advertising in local weeklies in favour of the giants.

Advertising on digital platforms is now the property of Google and Facebook, which alone are pocketing 80% of online ad revenue. Moreover, digital giants pay nothing for journalistic content that ends up on their platform, and they disregard the copyright of journalists whose work others share on social media.

Third, I really want to talk about misinformation, especially since there has been so much of it in connection with Bill C‑11: cat videos that will not be allowed to circulate, freedom of expression denied and information controlled, like in Russia. I have heard so many shocking things during the debates on this issue.

Just this week, the Chief Justice of the Supreme Court of Canada expressed concerns about the impact of misinformation on the health of our democratic institutions. He pointed to the demonstration in downtown Ottawa that paralyzed the city for three weeks, but he emphasized the importance of our shared responsibility to fight ignorance and hatred, which lead to misinformation. He expressed one wish for people in positions of authority, such as ourselves, namely that we pay more attention to the statements we make and their veracity.

I also replaced a colleague at the Standing Committee on Public Safety and National Security during its deliberations on radicalization and online hate. We cannot continue to ignore our role as elected representatives in the deterioration of public discourse on topics like Bill C-11 and in the divisiveness that exists. I hope to see this place debating a bill to address online hate sooner rather than later.

As a final point, I do not know whether this will be my last speech of the session, so I want to remind everyone listening of my unwavering commitment to the people of Shefford. I always keep in mind that I am accountable to my constituents, first and foremost, and, in this case, I am thinking of our local media in particular. I want nothing but the very best for the people of my region who have a right to access francophone cultural products, and for our artists, who have such an important and vibrant presence in our communities. They have been hit particularly hard by the pandemic, so they need some good news. Let us do something for them and pass Bill C-11.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 7:10 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, it is a big challenge to give a brief answer. I will try nonetheless.

I thank my colleague from New Westminster—Burnaby for his comments and his question.

I cannot answer the question about the Conservatives' motives. I believe that it may be ideological obstruction. However, it must be said that these delays in the work on Bill C‑11 have consequences for more than just Bill C‑11. These stalling tactics are causing delays for important bills, such as Bill C‑18, which must soon be referred to the Standing Committee on Canadian Heritage. There are also consequences on other very important studies that we decided to put forward.

Unfortunately, I do not have an answer, but I would say that it has consequences for more than just Bill C‑11.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 4:35 p.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, I am trying to get a better grasp of the question. It seems to relate to Bill C-18 on news content, the bill that will force web giants and traditional media to negotiate together and ensure that compensation is provided for the content used and paid for by traditional media.

I saw somewhere in Bill C‑11 that schools, for example, do not have to worry because they are exempt. I believe, although I am not certain, that this does not really have to do with community media.

Another clause in the bill states that it will not apply to a service that is too small. The CRTC will not have time to regulate the thousands of websites belonging to creators. Let us face it, the CRTC does not have the capacity to regulate all of that.

Kevin Waugh Conservative Saskatoon—Grasswood, SK

I'd like to jump on that, but because I'm seeing so much paper come in in the last two days, it tells me, around this table, we haven't done a very good job on Bill C-11 and that disturbs me.

I still haven't heard from APTN and diverse voices. We've heard from how many groups on diverse voices on Bill C-11 that will be affected? We've heard from two. We haven't heard from the national carrier for the indigenous. They haven't submitted anything. You've had it on your witness list. I think we even had it on our witness list.

I think we need to hear from the diverse voices around Bill C-11. That would give us some time to look through the 20 submissions in the last two days and see if we have any others because of commercial content, because of the billion dollars. Then we can come back next week and we can submit our amendments to Bill C-11. How's that?

We need time because here are 20...and I've had commercial content, which is not in the bill. People are wondering what that's all about and I can't answer them on that. The minister couldn't really answer it. He talked about commercial content. We've asked him about it, but the minister couldn't identify what commercial content is when it doesn't even show up in the bill.

If we're going to do both of these.... I think we have two weeks left, Madam Chair, until the 23rd, and we can get it in. We can have Hockey Canada Monday and Wednesday and have our submissions after that. We can put it in on Wednesday or Thursday next week, and we can move ahead and do Bill C-11 properly. We've been here for four or five months now dealing with it. I think the government would agree we should not proceed with Bill C-18 at this point because we've not even done Bill C-11 right now. I say Bill C-18 because I thought the minister in his testimony on Monday got both bills confused. I just felt that we needed to buckle down.

Thank you, Mr. Julian, for all your support on Hockey Canada. I think it's much needed in this country for everybody who wants to play for Team Canada, men and women. I think we need to go ahead with that.

I agree one hundred per cent but at the same time, because we're dealing with Bill C-11 and so many submissions, I would like to have a little more time to get the submissions from people who have reached out to my office, in particular about commercial content. I can't answer them on that and I'm not sure you can answer them, Madam Chair, or anyone around here, because commercial content does not appear in Bill C-11.

How do I answer that when the minister couldn't answer that on Monday? That's why I'm a little reluctant to move on with Bill C-11, when I heard some stories coming out of Monday's meeting from the Minister of Canadian Heritage and his official Mr. Ripley.... In moving from $830 million to $1 billion, where does that come from? He mentioned YouTube once, so I'd like to know where the extra $170 million is coming from. Bill C-10 had $830 million and we've gone to $1 billion.

When I asked that question on Monday it was like, where did that number come from? I'm not sure we got the answer for that. I am hearing from stakeholders who want to know a little more information on the commercial content and I'm hearing about the $1 billion, about how the government is going to get a billion dollars out of Bill C-11 and what they are going to do with that. I think we need a little more time to flesh that out, if you don't mind, in the committee. I'm not filibustering here—

Instruction to the Standing Committee on Procedure and House Affairs Regarding Bill C-14Routine Proceedings

June 2nd, 2022 / 1:35 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I really wish he had just stopped after the first part of his question, because I thought it was just great. I look forward to being back in the House so we can do this in person.

To the member's question, why are the Conservatives against Bill C-18? The Conservatives will not let Bill C-18 be discussed in the House of Commons. Bill C-18 is about ensuring that news organizations are properly taken care of in this country. It is a bill that has content in it that was in the Conservative Party's platform in the election. I want to work together with the Conservatives, and I want to work with that member, but I cannot even seem to have a working relationship with them on issues that they, in the election, said they supported.

I encourage the member to find an issue we can work together on, as common as Bill C-18 appeared to be. Let us talk about how we can do that.

Instruction to the Standing Committee on Procedure and House Affairs Regarding Bill C-14Routine Proceedings

June 2nd, 2022 / 1:10 p.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, I participate in the debate today having really hoped that this would have been about the subject that was supposed to be debated. Once in a parliamentary cycle we have a unique opportunity to talk about the parliamentary procedure of the House and ways we could look at improving upon it. At least within the Liberal caucus, we have had a number of opportunities to talk about that, bringing forward ideas and discussing them among ourselves. It certainly would have been a great opportunity to have done that in the House with everyone else.

I realize that some members have been inadvertently sneaking some of that into their speeches, as the last two Conservatives did, and I get that, but it would have been better to have had the opportunity to really do this. Instead, what we have before us is a motion of instruction that has been put forward by the Bloc Québécois. Most MPs probably had not even heard of a motion of instruction until two days ago when the Conservatives did it randomly, out of nowhere, and now we have the Bloc Québécois doing it. I cannot help but wonder if perhaps it saw what the Conservatives did two days ago and thought it was another good way to interfere with the business of the House. Perhaps it does not see the importance of needing to discuss the procedural items of the House.

Nonetheless, I will start off by commenting on a couple of things that I just recently heard. The member for Battle River—Crowfoot said a couple of things that really resonated with me. One of those things was when he spoke about quorum calls. I know he has risen in the House on a couple of occasions to object to the use of a motion passed by the House to eliminate quorum calls at certain parts of the day through Motion No. 11. He seemed to suggest that there is a constitutional issue there that could rule that legislation unacceptable, inadmissible or out of order, whatever the term might be.

However, the reality of the situation is that we routinely pass motions, usually unanimous consent motions, that prevent members from making quorum calls whenever we go into the evening. Whether we do that through a unanimous consent motion or an actual motion with a recorded vote, I do not think there is any difference at all. Whether everybody agrees to it or a majority agrees to it, the precedent has been set, and the precedent is well entrenched within the House that we have the opportunity to put forward a procedural rule to prevent those quorum calls from being made. I am pretty sure the Conservatives realize that too, even though the member brought it up a couple of times.

The member for Battle River—Crowfoot also said something that I found very interesting about democracy being ineffective and was not able to fully function during the pandemic. I think he said people were hiding behind computer screens. I guess that is just in line with what we have heard from Conservatives over the last two years. They have never really taken the pandemic seriously. They have always been about three steps behind everybody else when it comes to what we should be doing. They were always the last ones to put on masks. They were the last ones to adopt the need for vaccines. They were the last ones to get vaccines. They were the last ones in every regard as it related to the pandemic, so I am not surprised about that, but I will say that democracy worked very well during the pandemic if anyone asks me, particularly in the beginning of the pandemic when members of the House of Commons came together and unanimously passed a number of measures to take care of Canadians.

We have procedures that set out how we have to do things in the House, and coming into the House of Commons in the numbers that we did, based on the arrangements that we made with the various House leaders to ensure safety or make that as safe as possible, is something that we did. We were able to put money in the bank accounts of Canadians within five weeks of the World Health Organization declaring a global pandemic. If nothing else can say that democracy worked during the pandemic, I suggest that would be it.

I realize the Conservatives will, for a very long time into the future, make the suggestion that democracy is failing because we are looking at new ways of doing things and are not stuck in the stone age. They can argue that to their hearts' content, but I think the vast majority of people would see otherwise.

Here we are with this motion of instruction from the Bloc Québécois. What I find very interesting about it is that it already had an opposition day motion on this exact issue. It clearly was not happy with the outcome because it was not in its favour, so rather than accept defeat and move on, it has decided it will jam up a day of House time and put forward this motion of instruction, which will basically rehash everything we have already attempted to do.

My understanding, and I could be wrong, from having listened to some of what I have heard come from the Conservatives today, is it appears as though they might be willing to support this to go to committee, but after that they may or may not support it. It is almost as though the Conservatives and the Bloc have got together and decided they will collectively attempt to disrupt the proceedings of the House. That is what I am seeing here today.

When we look back to just a few months ago when the member for Durham was still the Conservative leader, it was a completely different Bloc Québécois, but as soon as he left something happened. Things changed in the House of Commons. The Bloc Québécois suddenly started to become a lot more cozy with the Conservatives. It was right at that time when the member for Durham was kicked out, and it was becoming obvious that the member for Carleton was going to become the new leader. Suddenly, the posture within the House of Commons changed and the Bloc Québécois was trying to align itself with, or at least not be as aggressively against, the Conservatives, and I cannot help but wonder why. I have hypothesized on it before in the House, and I will save it from my doing that again, but I find it interesting that here we are seeing the exact same kind of thing happen with the Bloc Québécois now.

It has put forward a motion that basically states that Quebec will always have 25% of the elected seats throughout Canada. While this work is at committee, it is basically telling the committee how to do its job. The Bloc already tried to do this through an opposition day motion, but were unsuccessful, yet here we are, and it is trying to ram it through again. I think it is extremely unfortunate that it cannot accept the fact that it has lost the battle and is looking for an opportunity to rehash it.

I also find it extremely regrettablefor the reasons I stated at the beginning. Today was supposed to be a very special day to discuss the procedures of the House. Unfortunately, it now looks as though that will not happen, and we will not be able to. I can tell from what the Conservative colleagues who spoke before me said that they had things they wanted to talk very passionately about with respect to this, but they were not able to do so, or at least not in the context in which they should have had the opportunity to do that.

As it relates to what the Bloc Québécois is looking for specifically, it talks about arbitrarily ensuring that, regardless of what happens, Quebec gets 25% of the seats in the House of Commons. The reality is that we have a process in place that determines the number of seats to be distributed based on population and geography. That process exists and that is the process that is followed every 10 years when it comes to redistribution. I think it is clear the House has determined that Quebec should not ever lose any seats and, as a result, work can be done to ensure that does not happen, but what is missing from all of this is the fact that Quebeckers have not had an opportunity to speak to this yet, which is part of the process.

Quebeckers should have the right to speak to this, and they should have that opportunity now, when this is going to committee, but instead we see the Bloc members trying to come forward and circumvent the work that would have been done by the committee to get that public consultation and that feedback during committee, and trying to arbitrarily impose their own wishes. Quite frankly, that is not how our democratic process works.

This bill is extremely important, but the most important thing right now as it relates to the bill is that the people get to speak. What is important here is people and public input, not politicians. Unfortunately, what we have seen the Bloc Québécois do is make this all about the politicians. The politicians in the Bloc Québécois seemingly know better and are not interested in hearing what the people of Quebec actually want to say and allowing them to have their input into this.

As this process continues, as the redistribution process is upon us now, what always happens at this point is that every 10 years we go out and try to engage in these conversations. We have the elections office do its work in the beginning. We can give some preliminary directions, such as that Quebec does not lose any seats, but otherwise from that point forward it is important that we allow that process to occur. It appears as though we have just completely abandoned that and there is no longer an interest in allowing that to happen.

When I think about how we should be moving forward on this, the best thing to do now is to allow the committee to do its work and solicit public input, to let people have the opportunity to have their say and inform the decisions, and to allow the Bloc member on that committee to ask similar questions. Then, based on the feedback that Bloc members receive at committee, they can put forward all the recommendations to their heart's content. What they should not be doing is trying to interject at this stage and insist on something that, quite frankly, the House has already dealt with.

As I indicated earlier, we had an opposition day motion that was basically on this exact same subject matter. The Bloc members had the entire day to speak about it. They put up speaker after speaker. Nobody from the government and nobody from the opposition moved motions during the routine proceedings. We allowed the debate to happen, and at the end of the day we voted on it. Although the outcome of that vote was not what the Bloc particularly wanted it to be, the outcome was the outcome. It was over and that was it. The Bloc members should accept the democratic process. They should accept the fact that they lost that vote and, most importantly, that the rest of the House allowed the democratic process to happen that day.

However, what we are seeing today is the exact opposite. It is not really even a government bill today. The House has a regular opportunity, once in a parliamentary session, to discuss the procedural elements of the House and the procedure of the House, and the Bloc should have done the right thing and allowed democracy to occur and members to have their say on how the House functions, just as the government and the other opposition parties did on their opposition day, but the Bloc members did not do that. Instead, they said they are going to ruin the day for everybody else and insist on having a debate about something they already debated and they already lost.

I have said many times in the House that I get frustrated with the obstructionist nature of the way things seem to be unfolding in the House lately. I see it quite often. I usually see it from the Conservatives, and now we are seeing it from the Bloc, which is doing the exact same thing. I think it is extremely unnecessary.

The member for Sherwood Park—Fort Saskatchewan, in his speech, talked about the need to be able to slow down. I agree with him. The most important tool that any opposition has, especially Her Majesty's loyal opposition, is the ability to slow things down. The opposition can force marathon votes, and we have seen it force voting for up to 30 hours, non-stop. It can filibuster on various issues, which we have seen the Conservatives do in the past. Those are tools to slow things down.

However, I would suggest to my friend from Sherwood Park—Fort Saskatchewan that the Conservatives should pick their battles. They should determine what issues they are willing to die on, for lack of a better expression, and then they should use those opportunities to slow Parliament down because it means something to them. They should not do it at every single opportunity, but that is exactly what they do.

Bill C-18 is a bill that has in it an election commitment from the Conservatives, and they are slowing that down. That was not the intent of giving those rules to the opposition to slow things down. It is not what it was meant for. It was not meant for the opposition to be able, without regard for anything whatsoever, to just try to put the brakes on, full stop, without any regard for anything, but that is what the Conservatives are doing.

I agree with the member for Sherwood Park—Fort Saskatchewan that having the ability to slow things down is important, but I would suggest to him that the Conservatives should pick their battles and decide what issues are the most important to them. At least then, when they do try to put the brakes on, people would pay attention and say that if they are putting the brakes on, it must be important. Instead, the public are just rolling their eyes and saying that the Conservatives are doing it again, just for any old reason, just refusing to let anything pass through the House.

In any event, those are my thoughts on the matter. I have been speaking for almost 20 minutes now, and I have been given the two-minute warning. I will say that it is a much more enjoyable experience doing this virtually. I cannot hear a single heckle, and I have not given a speech in the House without a heckle in a long time. It could have very well been happening, but I just had no idea. Maybe I should try this more often, because at least it allows me to collect my thoughts a lot more easily.

Marla Boltman Executive Director, FRIENDS

Thank you. I'm going to switch to good evening now, Madam Chair.

Honourable members of the committee, thank you for inviting me to speak with you today.

I've had the pleasure of meeting some of you in advance of this bill's arrival at committee but for those I have not met, my name, again, is Marla Boltman, and I am the new executive director of Friends.

We have over 360,000 supporters, Canadian citizens from coast to coast to coast, who stand up proudly for Canadian culture in film, in TV, in music and in journalism, really in every space and place we can share our stories at home and abroad.

While I am new to the organization, I bring with me both a content production and entertainment law background, which for more than 20 years I have used to help advance the interests of those working in the Canadian cultural industries.

The last time my organization appeared before you to talk about Bill C-10 our name was Friends of Canadian Broadcasting. Today we are more simply called Friends. This is quite fitting because I'm not just here to talk about broadcasting. I'm also here as a friend of Canadian storytelling and Canadian cultural sovereignty, both of which will be affected by the work of this committee when this bill is adopted. I say “when” because I want to clearly and unequivocally state that, while it's not perfect, we support the adoption of Bill C-11 and believe it can be improved with some minor amendments.

One of the bill's imperfections lies in its silence when it comes to addressing the CBC's mandate. We are very disappointed by this, but a conversation about the modernization of our nation's public broadcaster clearly requires more singular attention, something that the government has committed to doing via Bill C-18, which we welcome.

In the meantime, I don't want to use these few minutes to give those who would like to see this legislation stalled any more reasons to pause, to prevaricate, to do nothing, because if we do nothing, how our stories are told, who gets to tell them and how Canadian audiences access these stories will all be decisions made by foreign tech giants, billion-dollar companies who have effectively been crashing on our cultural couch for almost a decade, paying nothing toward the structures and systems that allow Canadians to tell their own stories.

With the adoption of Bill C-11 we, as a country, will finally send a long-overdue notice to these foreign tech giants that their rent is due, but we cannot stop there. Bill C-11 must prioritize Canadian ownership and control of our broadcasting system as well as the content created to serve it. If it does not, these companies will not be paying us fair rent for the use of our home. Rather, their contributions may simply amount to a down payment on a broadcasting system that they could potentially own and control.

Our amendment to proposed paragraph 3(1)(a), jointly submitted with the Coalition for the Diversity of Cultural Expressions, is meant to address this ownership and control issue. As currently drafted, the language in proposed paragraph 3(1)(a) is a massive retreat of Canadian public policy. If we don't support our own media and preference over foreign media, then we are ultimately relegating ourselves to having no Canadian media at all.

We need only look to the decimation of the Canadian local news sector for a preview of what is to come if we do not take care of our media institutions, which is why support for Friends' amendment to proposed subsection 11.1(1), dealing with expenditure requirements, can lay the foundation for a stronger, more viable local broadcast news sector. It would help ensure that the cuts we've seen to local print outlets across Canada do not start coming to local radio and TV and that broadcasters have the resources to maintain quality local coverage.

In closing, I would like to remind this committee that the modernization of the Broadcasting Act isn't just about protecting industry and jobs. It's what Canadians want, Canadians who have sent a clear message to Ottawa that streaming platforms should contribute to Canadian storytelling and reflect our stories back to us. They think this is fair and we agree.

Thank you for your time and consideration on this incredibly important matter.

I am happy to answer any questions you have.

May 31st, 2022 / 9:05 p.m.


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President and Chief Executive Officer, Quebecor Media Inc.

Pierre Karl Péladeau

That's a very good question, Mr. Champoux.

Indeed, I raised this point because it is the one that seems most obvious to us. However, I think that we must also consider the whole ecosystem. It is important to emphasize this more and more. We must not think that Canadian broadcasters have fallen behind.

As I'm sure you know, on our side, like our Canadian competitors, we have invested in online viewing, the so‑called streaming. For over 10 years now, Club illico has been offering extremely important series in terms of investment.

There is a lot of discussion right now about Canadian content. I can assure you that all the series that are made here are made with Canadian actors, film crews and directors, in Canadian locations, and that they are broadcast by Canadian companies whose majority of shareholders are Canadian. We will continue to do the same.

We have to look at this issue as a whole. I know that you will soon be discussing Bill C-18, because it's part of a whole. Advertising revenues are important, since they are the only source of revenue for general broadcasters. If they disappear, all those resources will no longer be available for all television production, be it series production or news programming.

Kevin Waugh Conservative Saskatoon—Grasswood, SK

I mentioned that because the old broadcasting has changed. When I look at the head of the CRTC—and it's very difficult right now with the Internet and everything going on with Bill C-11 and then Bill C-18, which I talked to you about the last time, on May 24—I don't know what that person looks like. Do you or anyone in your department make any recommendations to the minister?

This new chair of the CRTC will be visionary. It's not that you aren't, but this one—if you don't mind my saying—will have to have a little more on the plate to deal with the Internet situation and YouTube and all that we've been talking about here for the last six months. It will be a difficult position to fill.

Online News ActGovernment Orders

May 31st, 2022 / 3:45 p.m.


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Liberal

The Speaker Liberal Anthony Rota

Pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the amendment to the motion at second reading of Bill C‑18.

The question is on the amendment. May I dispense?

The House resumed from May 30 consideration of the motion that Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, be read the second time and referred to a committee, and of the amendment.

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Yes. I'm worried about Bill C‑11, but I'm more worried about Bill C‑18. As you know, because you were there, you had no business in newspapers. The CRTC will now be chosen to pick winners and losers, but that's for another battle with Facebook and Google.

What recommendations would you make, because you were on the CRTC for five years, that would give us, let's say, some confidence that it is capable to deal with Bill C‑11? Is there anything you can point out so that it would listen, as we are today, and take heed of an experienced person like yourself? Perhaps we can look forward to a couple of suggestions that would provide us with at least a bit of confidence in the CRTC.

The House resumed consideration of the motion that Bill C‑18, An Act respecting online communications platforms that make news content available to persons in Canada, be read the second time and referred to a committee, and of the amendment.