Online News Act

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is now 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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-18s:

C-18 (2020) Law Canada—United Kingdom Trade Continuity Agreement Implementation Act
C-18 (2020) Law Appropriation Act No. 2, 2020-21
C-18 (2016) Law An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act
C-18 (2013) Law Agricultural Growth Act

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)

Online Streaming ActGovernment Orders

March 27th, 2023 / 11:20 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, I will be splitting my time with the member for Selkirk—Interlake—Eastman.

I am always proud to rise to speak on behalf of the residents of Kelowna—Lake Country on legislation we have before us. Bill C-11 is before us tonight at this very late hour. It would amend the Broadcasting Act.

Our constituency office has received hundreds and hundreds of emails, letters, phone calls and messages on this bill. Every time I am out in the community, people come up to me, letting me know how they do not want Bill C-11 to pass, as well as the former Bill C-10.

I think it is amazing that along with soaring gas and grocery bills and rising rent and mortgage payments, residents in my riding are letting me know that in addition to these very important topics, they are also concerned about this bill, which would affect their use of the Internet. I think it is because all of these topics affect their lives every day.

That level of attention is warranted because of what the government is proposing for this legislation to pass. It would cause unprecedented changes in how Canadians go about their daily lives online. Local residents in my community, Mitch and Lori, wrote to me to say that Bill C-11 represented the tipping point of government overreach.

Benji wrote to me to say that Bill C-11 would represent a major step back for our country.

Were Bill C-11 to pass, which it looks like it will with the Liberal-NDP coalition, those members in this House would be gifting the Liberals the power to play censor on what Canadians can see, if it does not match what they determine to be classified as Canadian content. The beneficiaries are the oldest legacy companies whose viewership has decreased. This bill would allow the government to have a policy directive implemented through actions like criteria. The government would give authority over online licensing and other matters. The only thing is that we have no idea what these would all be.

Bill C-11's twin bill, Bill C-18, would help failing legacy media companies looking for government cheques. They have found a perfect partner in the Liberals' desire for greater control of everyday Canadians' lives. A free and democratic country like Canada should never seek to empower the government with censorship powers to protect failing companies.

Canadians are rising up against the bill and against the Liberals for not listening. Bill C-11 is the government's proposed updating of the Broadcasting Act to provide the Canadian Radio-television and Telecommunications Commission, the CRTC, the power and authority to regulate online content platforms.

The stated reasoning behind Bill C-11 is to bring the CRTC into the 21st century, while supporting Canadian artists and promoting the spread of Canadian content over that of international competition. While that may seem like a noble goal, there are reasons Canadian artists, legal experts and digital content providers are speaking out against this bill. In fact, this legislation is going to suck content creator innovation into an antiquated Broadcasting Act black hole.

There are profound questions about using the CRTC bureaucrats as online regulators, as would be granted by Bill C-11. Here I am again in this House standing against bureaucracy and government overreach. This bureaucracy, the CRTC, took over a year to implement a three-digit number for mental health emergencies, despite that action being called for unanimously by all members of this House. This organization has proven to lack accountability. It regulates the telecoms and we know that Canadians pay some of the highest rates on the planet.

The questioning we did at the industry committee last summer of the CRTC, that I was part of at the time, on the Rogers' outage was like we were questioning a telecom executive and not an executive of the regulator.

The CRTC's expertise is primarily regulating radio waves, television feeds and advertising. If this bill passes, it would also be tasked with regulating user-content generating websites, like YouTube, where users upload hundreds of thousands of hours of video content every minute but even assuming they could do it, the federal government should not be policing what will be defined as Canadian content when using social or digital media platforms.

Canadians are right to question an organization having the power to censor or impose what content will be prioritized for Canadians to see online.

Here is the most concerning part: The criteria will come later and we have no idea what the criteria will be. We are just to trust the Liberals.

A free and open Internet is the gold standard of open, democratic nations around the world. The bottom line is that what we will search for and see online will be different after the CRTC puts in place its regulations, which will change online algorithms.

The former vice-chair of the CRTC, Peter Menzies, has come out strong, all along the way of this legislation. Of this legislation from the past Parliament, to which there really are few changes in the new legislation, he said, “Overall, it ensures that going forward all Canadians communicating over the internet will do so under the guise of the state.”

Then, in November 2022, Mr. Menzies stated, “If Bill C-11 passes and Internet regulation falls into political hands, Canadians will regret it for the rest of their lives.”

Many of the very people the Liberals say Bill C-11 would help do not even want it. There was extensive testimony, at both House of Commons and Senate committees, by content creators, digital experts and professors. Without Bill C-11, Canadian artists are succeeding in making their full-time livings producing content on digital platforms with the support of fellow Canadians and viewers from around the world, receiving billions of views.

Canadian social media stars bringing their concerns to the federal government about their content being hidden because of Bill C-11's regulations found themselves ignored. Over 40,000 content creators affiliated with Digital First Canada called for the discoverability rules in Bill C-11 to be removed. The government is not listening to all of these voices.

What is discoverability? It really is about, when one searches online, what comes to the top based on what one is asking about and what one's interests are. This legislation would change discoverability, because the CRTC would come up with criteria that would rise to the top.

The Liberals have refused every offer of good faith regarding Bill C-11, not just from regular Canadians but also from the government's appointed senators. Most of the senators are independent who sent an unusually high number of amendments, after months of study, back to the House of Commons.

The minister responsible made it clear he was rejecting all amendments that attempted to restrict the powers he sought for himself and the CRTC.

Once again, this has never been about good legislation, better regulation or updating our laws. It is about control for the Liberal government.

Some Canadians have already gotten a sneak preview of what life with Bill C-11 might be like. Recently, Google announced that, because of another overreaching online law, Bill C-18, it started a test run to temporarily limit access to news content, including Canadian news content, for some Canadian users of Google.

This was not an outright ban. However, people were searching and not seeing what they did before, and that is my point here. Censorship by big government or big tech has the same results.

When I debated the government's original version of this bill in the previous Parliament, I said that Canadians did not want this deeply flawed legislation that would limit speech and online viewing.

The number has changed from Bill C-10 to Bill C-11. Sadly, everything else has stayed the same, with some minor amendments from the Senate. The most important Senate amendments have been rejected by the government.

Canadians still do not want it, but the Liberals and their coalition partners insist on passing it. It is time for a government that protects consumer choice and encourages Canadian creators instead of getting in their way.

Online Streaming ActGovernment Orders

March 27th, 2023 / 10:20 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I will be splitting my time with the member for Calgary Rocky Ridge.

It is a pleasure to speak on Bill C-11, a bill that the citizens of Oshawa have been very clear about. Oshawa wants us to kill this bill.

Canadians are not ignorant or dumb but the Prime Minister and the Liberal government clearly believe that Canadians are simply not smart enough to decide for ourselves what we want to see and hear.

There is a quote I have on my front door. It is from John F. Kennedy, a man that I admire. It states, “the rights of every man are diminished when the rights of one man are threatened.”

This quote helps frame the debate about the bill. Does this bill expand the rights of every Canadian or does it diminish their rights and freedoms? Does this bill threaten Canadians' ability to communicate, make a living or be heard?

Some very prominent Canadians have weighed in on this unprecedented bill and how it threatens freedom of speech.

Section 2(b) of the Charter of Rights and Freedoms guarantees the right to free speech, which can only be effectively exercised if one has the ability to be heard.

As Professor Michael Geist explains, “to be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions with the presentation of the content (including algorithmic outcomes). The government has insisted that isn’t the goal of the bill. If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.“

Canadian author Margaret Atwood has a gift of boiling down rhetoric to a very specific phrase. She sees this bill as “creeping totalitarianism“ and I agree with her. Conservatives believe in freedom of speech, thought and belief. Traditionally and historically, these rights and freedoms were not considered a left- or right-wing thing. They were based on a fundamental understanding that in free societies, we have fundamental rights.

Let us review the fundamental question that this bill is forcing us to ask. This legislation is about one thing: trust. Do Canadians trust this government to respect our rights and freedoms if Liberals are given these new, unprecedented powers?

Trust is unfortunately a challenging concept for the government. Trust is a characteristic, a quality that needs to be earned. It is a belief in reliability, truth or ability of someone or something. Trust can be predicted from past behaviour and past actions. Given this government's past, we see a record of distrust and concern. Let us examine that statement. Let us take a look at the Prime Minister and his government's history and what has been said about their approach to governing and what premises and ideologies drive their behaviour, in regard to Canadians' rights and freedoms.

We could talk about Bill C-18. We could talk about the Emergencies Act, the freezing of bank accounts of Canadians who disagree with the government, or Canadians who should not be tolerated and instead punished due to their unacceptable views or we could talk about David Pugliese's exposé in the Ottawa Citizen about the Canadian military who “saw the pandemic as [a] unique opportunity to test propaganda techniques on Canadians” or Swikar Oli, who wrote in the National Post. We could talk about privacy advocates raising concerns, about the Public Health Agency tracking Canadians without their permission or Susan Delacourt writing about “nudging” techniques to manipulate Canadians' behaviour. Were these government behaviours warranted? Maybe, maybe not, but it begs to the question: what else is going on that we do not know about? What direction is the government racing toward? More freedom and choice or more government control?

Our democracy is fragile and “creeping totalitarianism” can be insidious and appear to be harmless or based on noble lies or intentions.

There are so many examples but let us focus on the bill in front of us and what it means and could mean. Let us review.

Bill C-11 is an online censorship bill designed to control search engines and algorithms so that the government can control what Canadians see and hear.

What is censorship? Censorship is defined as “the suppression of speech, public communication or other information”.

As Canadians know, whoever controls the narrative controls the world.

Canadians are storytelling creatures. We tell each other what is going on by talking, singing, dancing, creating and showing others about ourselves, our ideas and our feelings. Historically, we have been able to do this freely.

With the advent of the Internet, Canadians embraced a new way of telling these stories. We could now send birthday videos around the world, sing a new song and post it for all to see. If people liked it, they shared it. New innovations allow Canadian creators and storytellers to earn a living online, communicate, educate, debate, explore. We could choose what we wanted to see and enjoy where it sent us, but this ability is being challenged.

Bill C-11 would prevent Canadians from seeing and watching the content that they choose for themselves. The Liberals and their big government, big corporate friends would decide who is heard and who is silent.

Have colleagues ever heard the term “inverted totalitarianism”? It is a term coined by Dr. Sheldon Wolin to describe a system where big corporations corrupt or subvert democracy. Elitist politicians with their ability to control and regulate are influenced by the big players, the big corporations that have the money to lobby government officials and regulators such as the CRTC to get the rules that benefit their monopolies and their bottom lines.

Is this where the Liberal government has taken Canada? Such arrogance. Perhaps Canadians should not really be surprised. The New York Times reported that our Prime Minister once said that Canadians have no core identity and that he wanted us to become the first post-national state.

Does that sound like someone who wants to protect our unique Canadian culture, our unique Canadian values? After all, we did elect the Prime Minister who said he admires the basic dictatorship of China so much because it gets things done. Perhaps this explains why the Liberal-NDP coalition has been so focused and intent on ramming this bill through the House.

Sadly, this legislation models practices directly from the Communist Government of China. The CCP has created the great fire wall, a heavily censored Internet that directs users to approved content under the guise of protecting the public and keeping people safe. It blocks unacceptable views and connections that the CCP considers harmful to the Chinese public. The goal of its Internet is to reshape online behaviour and use it to disseminate new party theories and promote socialist agendas. It is about shaping the Communist government's values.

Could that happen in Canada? One of my constituents, Rhonda, who lived and taught in China for two years in the early 2000s recounts, “When I lived in China for two years, we always had to verify the news and Internet content with friends and families back home or in free countries, as we knew we were not receiving unaltered information. It was highly regulated by the Communist government in China. I fear we are heading in this direction in Canada and I am having a hard time understanding how this is possible when it's supposed to be a free and democratic society.”

I agree with Rhonda. This idea of creeping totalitarianism seems to be alive and well in Canada. If Canadians give governments these new powers, I believe it is just a matter of time before these powers are abused. Bill C-11 would give the current Liberal government and future governments the authority to pick and choose what individual Canadians are allowed to watch, essentially placing the government as a content regulator.

Homegrown Canadian talent and creators would no longer succeed based on merit. Bureaucrats in Ottawa would determine content based on its level of “Canadian-ness”, but the culture of minorities would be cut out. By the way, how does one define “Canadian-ness”? This bill certainly does not do it. The CRTC would have control, big government would be lobbied by big corporations to wedge the little guys out. Corporate government would grow. Entrepreneurs, creators and artists would be squashed.

Sadly, we saw Canadian content creators come to Ottawa to have their voices heard but, as expected, they were shut down. The government wholly rejected any amendments brought forward that would narrow the bill's scope and fully exempt content that Canadians post on social media. Canadians are asking the questions, asking what the government is afraid of. Is it freedom? We have had different journalists and commentators around saying that this could change the independent Youtubers' way in which they make their money. Their viewership and revenues would take a hit. That is something that I think is quite worrying.

To finish, why does the government want to cause more uncertainty, loss of income and pain to make Canadians depend on the government? Why the attack on Canadian innovators in a way that no other country does, except maybe under the Communist Government of China? Why does the government not trust Canadians to be their own directors of their own destinies? We trust Canadians. A Conservative government would repeal this horrible bill.

Online Streaming ActGovernment Orders

March 27th, 2023 / 7:50 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I think it is very important to separate the different parts of this bill because it is clear that everyone thinks that the government has a right to have people pay their fair share, for example, and to make sure that we have Amazon and Netflix helping out our performers and artists.

Full disclosure, I did make a CD. I did write a book. I could be considered an artist, although I will let those who consume the product be the judge of that.

Do our Canadian artists need that help? We have Shania Twain, Alanis Morissette, Terri Clark, Céline Dion, Jason McCoy, Keanu Reeves and Ryan Reynolds. Do we really need that help? I think Canadian artists are able to succeed in a streaming environment on their own. I think everybody can pay their fair share.

Let us look at one of the models from Bill C-18, which we are talking about at committee right now, where Taiwan has gone ahead and made a deal with big tech companies to donate $250 million to fund things in their country. We are already getting $5 billion. Where is the government on that negotiation?

Online Streaming ActGovernment Orders

March 27th, 2023 / 1:30 p.m.


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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, first, I would like to say I will be sharing my time with my very distinguished and dynamic colleague from Shefford.

Let me make a few things clear. Bill C-11 deals with culture, not censorship. Bill C-11 deals with national identity and pride. Culture is the essence of who we are. This bill does not promote censorship, it promotes and showcases our culture. I would even say that it seeks to showcase our cultures: Canadian culture, Quebec culture and indigenous cultures.

The bill seeks to give more visibility to culture. This is not about telling people they can no longer listen to certain content. Since the beginning of the debate today, we have been hearing all sorts of things. In fact, we have been hearing these things for two years, since Bill C-11 is the former Bill C-10. We hear things about cat videos, for example. Let us be serious.

The threat does not come from censorship because of Bill C-11. The threat comes from the platforms that have changed the world of telecommunications. That is the threat.

We are working on Bill C-11 to review an act that was amended for the last time in 1991. Must I remind you that, in 1991, we did not all have cellphones in our pockets? It was a completely different world, which is why we need to review the act.

The cultural community is asking for this, as is everyone else. We are not just being asked to pass the bill quickly. Quebec’s cultural community is asking us to hurry because it needs this legislation. They are losing $70 billion a week. On reflection, that may be a bit high. I will have to check the figures later in my notes. Let us say that, every week we delay the passage of this bill, they are losing a lot of money. Let us protect our people.

What does Bill C-11 do? It ensures the protection and promotion of original content. For us, that means French-language content, which is what concerns us. Of course, it also ensures the protection and promotion of original Canadian productions in English and indigenous languages and productions created by certain visible minorities. If we want to protect Canadian content and boost visibility, we need to bring in incentives. We are not talking about banning people from posting on Facebook and saying what they want. This is not about imposing choices, it is about raising their visibility. It is about ensuring discoverability.

Let us consider how small the percentage of French-language production in North America is. If we rely only on the number of times videos are viewed by users, French-language content will not be suggested very often. That is the problem. It is not about playing with algorithms. It is about giving the CRTC the power to talk to these companies and see what they can do to give local culture more visibility. It is a matter of promoting and showcasing our culture.

Let me draw a parallel here. When we look at platforms, we see that there is very little French-language content and that needs to be fixed. When we look at the boards of directors of Canadian and Quebec companies, we see that women are under-represented. In both cases, we need to take action to fix the situation. Obviously, we do not want to prevent anyone from applying, but we want to make sure that the positions are accessible to women and that women receive those kinds of job offers. The same thing applies to culture.

With Bill C-11, we want to improve the visibility, and therefore the profitability, of our local French-language productions and put in place a mandatory contribution to the Canadian and Quebec broadcasting system.

A mandatory contribution is more than just running old television shows. We want the platforms to participate in the creation of real local content. An American movie filmed in Vancouver is not local content. We certainly benefit when American filmmakers shoot in Vancouver. We support that. However, local content is something local produced by local artists who represent us. That is what culture is.

When racialized people say that they watch television and do not see themselves, that is a problem. These people should be able to see themselves and identify with the characters. That is why we are trying to increase representativeness. It is the same thing.

We simply want to expand the coverage of the Canadian Radio-television and Telecommunications Commission, or CRTC, to all media we interact with. We need first-run French-language content.

With this bill, we are telling the major American platforms that stream content in Canada and invade our markets that we are relatively happy because that is a good way to disseminate information, it gives more people greater access to information. Furthermore, streaming does not restrict access to cat videos; then again, it invades our market. That is where we have the right to say, as a state, that we have a culture to protect.

I often talk about the agricultural exemption in the House. This morning, I talked about the agricultural exemption. We cannot act without protecting our culture. It is important. We have the right to tell the people who come and make money in Canada that we are happy to welcome them and that it is a good thing, just as we have the right to tell them that we would like to recognize ourselves in our media. We are not asking them to ban certain content, but to showcase local productions that represent our people. That is the idea.

There is another very positive element in Bill C-11. It makes no sense that, in 2023, we are revising a broadcasting act from 1991. That is a major oversight.

The bill includes the obligation to review the act at least every five years. To those who have concerns, I would say that we are capable of being intelligent and implementing a reasonable policy. After the law is in effect for a few years, we will review it all to see how things went and what the impacts were. That is the important part.

I want to spend the last few minutes of my speech emphasizing that the Quebec and Canadian cultural community wholeheartedly supports Bill C‑11.

I just found the figure that I mentioned earlier. I should have said “millions” rather than “billions”. I thought that seemed like a lot. According to the former Canadian heritage minister, we would lose $70 million every month. I do not know whether those numbers were validated, but I am assuming that they were.

This important bill is one of three related and highly anticipated bills in this Parliament. As parliamentarians, I would like us to quickly pass them. There was Bill C‑11 to promote our local content. There is also Bill C‑18, which will complement it. Communications platforms will pay something to use news content in order to encourage our journalistic community. That is important. Finally, there is a third bill on online hate, which we need to regulate.

Once again, this is not about censorship, but about living together, being reasonable and creating a world where the Internet is a bit more representative of who we are. We need to see ourselves on television every once in a while, see ourselves reflected in the programming so that we do not forget who we are. I said television, but it is the same thing for the things we watch on a computer screen.

Let us stop wasting time and pass this essential bill.

Online Streaming ActGovernment Orders

March 27th, 2023 / 12:35 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am personally a dog person. Between cats and dogs, I like dogs. However, whether it is cat or dog videos being uploaded on Facebook with their owners, it is great to see and is encouraging. In no way, as I have pointed out and tried to make as clear as possible, is this bill going to put any sort of limitations on individuals.

At the end of the day, Bill C-18 deals with a good part of what the member was referring to. That is the online news act, which would ensure that big companies, such as the Googles and the Facebooks, pay their fair share. All we are asking for, whether it is in this legislation or Bill C-18, is to ensure that we are levelling the playing field and that everyone is contributing a fair share. In this case, it is about Canadian content.

Online Streaming ActGovernment Orders

March 9th, 2023 / 10:35 a.m.


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Bloc

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.

Online Streaming ActGovernment Orders

March 8th, 2023 / 5:15 p.m.


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St. Catharines Ontario

Liberal

Chris Bittle LiberalParliamentary 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, 2022Government Orders

March 7th, 2023 / 11:20 a.m.


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Conservative

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.

Digital Charter Implementation Act, 2022Government Orders

March 7th, 2023 / 11:15 a.m.


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Bloc

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.

Digital Charter Implementation Act, 2022Government Orders

March 7th, 2023 / 11:15 a.m.


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Conservative

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.

Digital Charter Implementation Act, 2022Government Orders

March 7th, 2023 / 11:05 a.m.


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Conservative

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 HeritageOral Questions

March 6th, 2023 / 2:55 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalMinister 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 ActPrivate Members' Business

January 30th, 2023 / 12:05 p.m.


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Conservative

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.

Online News ActPrivate Members' Business

January 30th, 2023 / noon


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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 HeritageCommittees of the HouseRoutine Proceedings

December 9th, 2022 / 12:05 p.m.


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Liberal

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.