44th Parl. 1st Sess.
June 20, 2022 11:00AM
Madam Speaker, in thinking back to Progressive Conservative governments of the past, they very much championed the idea that television corporations or radio corporations, for example, would have an obligation to support Canadian content. The world has changed very much since the last time the Broadcasting Act was updated in 1991. Streaming services play a fundamental role and are even more important than radio and television in terms of story creation.
Why not ask those streaming services to support the creation of Canadian content? That is my question to the member. That is the fundamental aim of this bill.
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Mr. Speaker, I thank the hon. member for Calgary Skyview for sharing his time with me.
I respectfully acknowledge the Anishinabe people as I join the debate from the national capital region located on the unceded traditional territory of the Algonquin nation.
It is an honour to rise in the House today to speak in support of Bill C-11, the online streaming act. This bill represents an important milestone in supporting Canadian culture, both today and into the future. Some critics of the bill have questioned the need to safeguard Canadian culture, and I would like to take the opportunity today to talk about some of the unique benefits provided by the Canadian broadcasting system.
While online broadcasters are an important element of the Canadian system in this day and age, some genres like sports remain the mainstay of traditional broadcasters. With this legislation, the sports programs that Canadians currently enjoy would remain available in the future as technologies evolve and business models change.
Canada has a rich history of athletic excellence, and Canadian broadcasters have been there to capture these moments and share them with our fellow Canadians. In the earliest days of radio, Foster Hewitt would welcome fans to hockey broadcasts on Saturday nights with his iconic sign-on: “Hello, Canada, and hockey fans in the United States and Newfoundland.”
Broadcasting helped inspire a love of one of our national sports for generations of Canadians. Broadcasters have covered innumerable Stanley Cups, the historic summit series between Canada and the U.S.S.R. at the height of the Cold War, and both our men's and women's national teams winning gold medals on home soil in the 2010 Winter Olympics, hosted by Vancouver. Moments like these bring Canadians of all backgrounds together. They are fun, entertaining and dramatic. Such experiences strengthen the cultural fabric and sense of sovereignty of our country.
It is not just hockey that broadcasters showcase for Canadians. Through the small screen, Canadians have seen numerous remarkable athletic achievements. Television and radio have chronicled the Toronto Blue Jays, first in 1992 then again in 1993, and the Toronto Raptors in 2019, becoming the first champions from outside the United States in professional baseball and basketball respectively.
We watched as Mike Weir became both the first Canadian and the first left-handed golfer to win the Masters in 2003. Similarly, Georges St-Pierre won two UFC welterweight championships, cementing his reputation as a renowned athlete and possibly the best MMA fighter ever. Traditional broadcasters, through a range of offerings like basic cable and pay-per-view television, have allowed us to follow these careers and share in these exciting moments.
We saw Donovan Bailey go down in history as the fastest man in the world when he won Olympic gold in 1996. We marvelled when Bianca Andreescu captured the first tennis singles major in Canadian history by winning the 2019 U.S. Open.
The country was captivated by one of the most inspiring athletic achievements in history when Terry Fox ran 5,300 kilometres across Canada in 143 days to raise money for cancer research during the Marathon of Hope.
Sports and athletic achievements are without a doubt an important part of Canadian culture. Canadian athletes set records and break ground. They reflect the diversity of our country, and we can celebrate their athletic accomplishments in real time, in part because these sports programs are made available through our broadcasting system.
Cross-country skier and biathlete Brian McKeever has a career total of 17 medals and is now Canada's most decorated winter Paralympic athlete, an honour previously held by the late Lana Spreeman. The Paralympic Games raise the profile of accessible sports with coverage by CBC and by other broadcasters. In the recent winter 2022 Paralympic Games, Canada ranked third as a country, bringing home 25 medals.
As a particular point of pride, Canada is a leader in women's sports and making strides toward gender equity in the field. For instance, when Christine Sinclair scored her 185th international goal, she broke the scoring record for both men's and women's international soccer. Quinn became the first transgender, non-binary athlete to earn a medal when the Canadian women's soccer team won gold at the 2020 Tokyo Olympics.
Moments like these inspire Canadians and create a shared sense of national pride and unity. Canadian broadcasters have played a key role in sharing these events with Canadians. That is why Bill C-11—
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Mr. Speaker, sports and broadcasting have a strong relation. They go together, and that is the history I am talking about. Bill C-11 is important because broadcasters are directly related with this and sports history is really important to tell to Canadians.
Just as a level playing field is vital for sports, it is equally important in broadcasting. Requiring online broadcasters to contribute to the broadcasting system in an equitable manner will help ensure that significant sports moments continue to be broadcast to all Canadians.
In conclusion, without a doubt our culture includes sports teams and leagues, big and small, that we follow as aspiring players ourselves. Whether fair-weather fans or steadfast fans , we are fans across the country.
Bill C-11 is important for many reasons. I am pleased to have the opportunity to speak today on how modernizing the legislation would level the playing field between traditional and online broadcasters so that both can compete in a fair manner that is sporting after all.
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Mr. Speaker, for years, one of the things that the NDP has been calling for is a level playing field, a new Broadcasting Act that would stop the unfair competition that our broadcasters and our arts sector have been facing for years and years. The Liberals have been in power for six years or seven years now, and I am wondering if the hon. member can estimate how many jobs have been lost because we have not been forcing Netflix and the other web giants to pay their fair share to support Canadian work in the arts and cultural sector.
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Mr. Speaker, I will be sharing my time with my esteemed colleague from Trois-Rivières.
Since we are talking about culture, all of the Quebec TV series recently ended for the season, so I want to say hello to my mother-in-law, my father-in-law, my spouse and my two grown daughters, who are almost finished their school year. In a few days, we will be returning home to our riding.
All joking aside, we have raised a lot of issues since the start of this debate. This is the first time I will be speaking about this subject, and so I will put my colleagues back on the right track.
Quebec culture is at the heart of the Bloc Québécois's mission and mine as an MP, and broadcasting is certainly one of the most effective tools for getting the message out and helping to define our national identity. It goes without saying that the Bloc Québécois supports this reform. We even supported time allocation before the last election. Indeed, we agree with this legislation. Why? It is because the Broadcasting Act has not been updated since 1991. Generations are getting shorter as technology evolves in leaps and bounds. It is about time.
In May 2021, in La Presse, Paul Journet wrote: “Our broadcasting and telecommunications laws were written in the VHS era”. My daughters associate VHS with that big box of memories I pull out so we can watch snippets of their mother's teenage years. Now that is old.
The system has become outdated and unfair. Unlike our radio and television stations, today's platforms, which are often run by foreign giants, have zero obligation to fund or broadcast Canadian cultural content. Our companies are at a disadvantage, and our artists are losing revenue. For example, in 2019, 52% of audiovisual content produced in Canada was not Quebec content. Let me say that again. In 2019, 52% of audiovisual content produced in Canada was not Quebec content. It was content made in Canada by foreign companies.
Furthermore, according to data from the Canadian Audio-Visual Certification Office, the number of Canadian productions decreased by 12% each year between January 2017 and 2020. I know several producers, and they can confirm this. It is alarming and it is high time we address it.
The 30 or so titles from Quebec on Disney+, Amazon Prime Video and Netflix make up 0.1% of their Canadian catalogue. Quebec film and television series producers and distributors, whose work I admire, are still finding it very difficult to sell their shows to these American streaming giants. Of course, there are very few shows made in Quebec. In September, there were none on Disney+. I invite my colleagues to go check; it is appalling. This has to change, because rich cultural expression is out there and people should be able to access it.
No more than five of Amazon Prime Video's 1,400 titles are from Quebec. When I tell my daughters that, they say they understand why we watch more shows in English than in their mother tongue.
Netflix is the only platform to have increased its Quebec catalogue significantly. I have to say I appreciate that. The California-based company has more than quintupled its production in Quebec over the past two years, from five titles to almost 30.
Even though minority communities account for 14% of Canada's francophone population, francophone television production in minority communities accounts for just 4% of the total.
When it comes to music, francophone music on digital platforms represents only 2.7% of the 10,000 most popular songs. Those numbers are hard to see.
The Society of Composers, Authors and Music Publishers of Canada, or SOCAN, recently reported to the Canadian Press that francophone artists in Canada receive only 2% of the digital royalties paid in the country. After recording an album, an artist would receive only a few cents, especially if it is on a platform like Spotify, so it really is a poor reflection of the consumption of Canadian content on digital platforms, never mind the impact it has on the economy.
This is where our minds are right now. We have been waiting for this bill for months, and we are making a major and constructive contribution, especially thanks to my hon. colleague from Drummond who did so much to help improve it. We hoped to pass this bill before the election, when it was called Bill C-10. Now we have Bill C-11 before us, and it must pass.
I will repeat the main points. What is this bill all about? It concerns the protection and promotion of original French content. So far, so good.
Earlier, my esteemed colleague from Drummond spoke about discoverability, or discovering Canadian programming and original Canadian content, and especially having a fair share of original French-language content. The term “fair” is very important. There is also the showcasing aspect. When the content is good, it is showcased in programming in both official languages and also in indigenous languages.
There is also the mandatory contribution to the Canadian broadcasting system in the event that a business is unable to access Canadian resources for its programming. We spoke about control earlier, and I look forward to hearing the questions I will be asked. We need to have first-run French content to ensure the presence, or discoverability, of new broadcasts on platforms such as Netflix, Amazon and Disney+. There are older programs or old films that we like to watch these days, especially when we return to our ridings.
There is a sunset clause to ensure that there is a thorough review of the legislation every year. Why? Because technology changes so quickly. We have to leave some elbow room to review, compile and correct course in order to be sure, for once, that we are in tune with the times.
The Minister of Canadian Heritage promised us that the Bloc Québécois's amendments would end up in the new version. They are indeed there. The wording of some of them is slightly different, but the important thing is the substance. Nothing can be left to chance in a bill where we want to be able to course correct in the event that changing one simple word has a major impact on the effect of the clause.
From day one, the Bloc, backed by Quebec's entire cultural sector, was the party that worked the hardest on improving Bill C‑10 and getting it passed. Unfortunately, it was dropped from the Order Paper. I have been a member since 2019, and I learned that we have to start over when that happens.
For my last minute, I would like to say that with each month lost, though whether because of our fatigue, the filibustering or some other reason, I think about the industry. That is $70 million that is not going to our artists in Quebec and Canada.
It is time to do something about this, so I urge all my colleagues to vote in favour of this bill.
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Mr. Speaker, I just want to mention that I will be sharing my time with the member for Hamilton East—Stoney Creek.
This is a great opportunity to speak on behalf of Sackville—Preston—Chezzetcook and on behalf of Bill C-11, which is, of course, modernizing the Broadcasting Act for a digital age and continuing the tradition of supporting a diverse audience.
The current Broadcasting Act was passed in a much different era, way back in 1991. We have seen, of course, HDTV, now 4K television, high-speed Internet and the growth of online audiovisual broadcasting services increase over time. These technological changes have left the Broadcasting Act well behind. Video and audio computer coding standards like MPEG4 and MP3 did not even exist when the current act was envisioned. The only way to receive content in those days, of course, was through TV and radio. The purpose behind Bill C-11 is to bring the Broadcasting Act to the 21st century.
We are living in an interactive, on-demand, multi-device digital age. Our system needs to adapt to a modern era and Bill C-11 does just that. The goal is to generate more funding for Canadian music and stories, and more employment opportunities in the creator sector. We want Canadian programs and songs to be discoverable, including an Internet-based platform that captures so many viewers and listeners today, especially a young audience.
Bill C-11 would do this not just for mainstream programming, but also for diverse and marginalized voices that have historically been under-represented in the broadcasting system and have had very limited content choices by, for and about them.
The underlining Canadian values of fairness, acceptance and respect have long been part of our broadcasting system. We know that Canadian audiences are diverse and that the broadcasting system needs to serve them all. It is the principle that has ensured, from the very beginning, that there must be broadcasting in both French and English. It is the same principle behind the extension of television broadcasting services first to underserved rural communities, then to remote communities and the north.
A place was made in the sixties for educational broadcasting. Indigenous television broadcasting began to develop by the end of that decade. Community broadcasting arrived in the seventies. Radio and television services in languages other than English and French have also been made available in the system, yet there remains a gap. Programs that reflect indigenous peoples and racialized and ethno-cultural communities remain few and far between, and creative employment opportunities are slim. Our broadcasting system must strive to continue serving audience needs and being inclusive of all Canadians.
With the growth of the web giants and their Internet streaming services offering hours of programming, we need to ensure that Canadian values of fairness, respect and inclusion remain important in the regulation of Canada's broadcasting system. This is why Bill C-11 underscores the need for diversity and inclusion. Bill C-11 makes changes to the Broadcasting Act to ensure that the broadcasting sector is more inclusive of all Canadians.
Bill C-11 strengthens an objective in the act to declare that the broadcasting system should:
serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions...and reflect their circumstances and aspirations, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of indigenous peoples within that society...
This objective will help to enable access to the system by these communities and provide programming for them that speaks to their needs and interests.
Let us look at the big picture. We were all hopeful in the early days of the Internet that it would develop on its own: It would generate new opportunities, strengthen democracy and connect us to many others around the world. Much of that has happened, yet the Internet has also changed the way we enjoy content and learn about the news, creating a fundamental shift in the business model of artists, creators, journalists and news outlets. It has also facilitated polarization, hate and fake news narratives that divide us. It has exposed people to harmful content and online experiences that would be unacceptable in the real world.
For many Canadians, COVID-19 has meant that we have dramatically shifted our personal and professional lives online. We must take action to address the problems now. It is time to make the Internet a fairer, more inclusive, safer and more competitive place in Canada.
In conclusion, until now online broadcasting services have not been obligated to contribute to the achievement of broadcasting objectives. Bill C-11 provides the CRTC with the ability and the means to better serve the needs of those who belong to official language minority communities, women, indigenous peoples, ethnocultural minorities, racialized communities, the LGBTQ2 community and people with disabilities.
In this way, Bill C-11 continues the tradition of our broadcasting system of answering diverse audience needs and it helps to ensure that values, fairness, acceptance and inclusion will continue in the digital environment. This is a very important and long overdue change to the Broadcasting Act, and I urge all members of the House to support this important bill.
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Mr. Speaker, I am pleased to rise this evening in support of Bill C-11.
For decades, Canadian broadcasters have given us incredible Canadian content on our televisions and radios. This is no accident. We choose to be different from the cultural juggernaut of the United States. We care about our cultural sovereignty. We believe our diversity should be celebrated. Our culture is who we are as Canadians. It is our past, our present and our future. It is how we tell our stories to each other.
As a condition of their licences, TV and radio broadcasters have had to invest in our culture and our artists, and that is why we have all the Canadian content we love. We can see Schitt's Creek, Kim's Convenience and Corner Gas, or hear Charlotte Cardin, Joni Mitchell, Drake, Justin Bieber, Shawn Mendes, Great Big Sea, and the list goes on, including the Arkells from my home town of Hamilton. If members are in Hamilton this Friday, they could catch the Arkells at Woodlands Park. I invite everyone in the House and anyone who is watching this evening to join us for that concert.
Here is the problem: Canadians are not using cable anymore. Now online streaming is everywhere. People can stream content through their phone, their car or their TV. We all enjoy this, but streaming platforms like Amazon Prime and YouTube broadcast to Canadians without the same requirements that helped build Canada's culture. They invest in our economy in other ways, but they do not have to produce content that reflects our Canadian stories and shared identity, until now.
That is why the government introduced Bill C-11, the online streaming act. This bill ensures that online streamers contribute in an equitable but flexible way to the creation of Canadian content. It ensures that Canadians could easily find that content on their platforms.
Based on the quality of debate we have heard from the official opposition today and over the past week, I think all members of this House could benefit from a refresher of what this bill does not do. This bill does not impose regulations on content everyday Canadians post on social media. This bill does not impose regulations on Canadian digital content creators, influencers or users. This bill does not censor content or mandate specific algorithms on streaming services or social media platforms. This bill does not limit Canadians' freedom of expression in any way, shape or form.
Bill C-11 also takes into account the reality that music is largely broadcast online, most notably on platforms like YouTube. In fact, a study conducted by Media Technology Monitor in 2020 found that about two-thirds of Canadian adults use YouTube to listen to music, which outpaces dedicated music services, such as Apple Music and Spotify. That is why this bill includes very important updates that would focus only on commercial content, such as music videos uploaded by labels on YouTube or livestreams of professional sports matches.
This bill explicitly excludes all user-generated content on social media platforms and streaming services. Proposed subsection 2(2.1) of Bill C-11 states:
A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service—and who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them—does not, by the fact of that use, carry on a broadcasting undertaking for the purposes of this Act.
In plain language, this means that users, even digital-first creators with millions of subscribers, are not broadcasters. They will never face any obligations under the bill. Any suggestions otherwise are simply untrue.
With this approach, the experience for users creating, posting and interacting with other user-generated content will not be impacted whatsoever, while still standardizing the treatment of commercial content such as TV shows and songs across all platforms.
Just to be clear, clause 12 of the online streaming act explicitly states that any regulations the CRTC imposes on platforms through the Broadcasting Act cannot infringe on Canadians' freedom of expression on social media. It states specifically:
For greater certainty, the Commission shall make orders under subsection 9.1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings.
In conclusion, now that we have been able to resolve these unfounded claims, and we have heard many of them today and many of them at committee, and I tuned in a couple of times to listen to them, let us go back to why we are here in the first place.
Just as they did with Bill C-10, the Conservatives have used every tactic in the tool box to delay and block Bill C-11. At committee, all members agreed to study the bill for 20 hours of witness testimony. However, the Conservatives did not allow the committee to get to clause-by-clause by filibustering for seven hours. They went as far as to filibuster their own study motion at one point. It is deeply disappointing we cannot move forward on our study of this important bill, especially since our arts and cultural community has been telling us how vital and urgent this legislation would be for them.
Marla Boltman, from Friends, said:
Requiring contributions from foreign tech giants that extract billions of dollars from our country will help sustain our industry while driving investment and innovation in the creation of Canadian content that continues to reflect our diversity of voices and who we are as Canadians. Foreign contributions will level the playing field between Canadian broadcasters and foreign platforms. Frankly, it sends a message to the world that Canada is open for business, but there are no more free rides. If you benefit from the system, you must contribute to it.
I could not agree more. On this side of the House, we have made our position clear. Bill C-11 is about fairness and good middle-class jobs in the cultural sector. It is about having the power to shape our culture and making sure everyone can see themselves in our culture. It is about being proud of who we are. It is about being proud of being Canadian, so let us keep moving on this important legislation.
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Mr. Speaker, it is indeed an honour to stand in the House once again to represent my constituents of Richmond Hill. As I join you from the national capital region, I respectfully acknowledge that the land on which I am located today is the traditional ancestral unceded territory of the Algonquin Anishinabe people.
The government is committed to implementing its digital and cultural policy agenda, which would serve Canadian interests not only today, but also well into the future. It would support our cultural and artistic ecosystem, including our many talented creative sector workers. This is urgently needed.
Today, I am pleased to speak to important elements of the online streaming act. First, I will have the pleasure of talking about the Canadian independent producers and the important role that they play. Second, I want to talk about the importance of ensuring that Canadians can find and access Canadian stories and music.
Delaying Bill C-11 would do harm to our production industry. It would leave the creative ecosystem in a very uncertain and difficult place without support and predictable funding for Canadian programs. Ultimately, the online streaming act aims to foster an environment where Canadian music and stories can thrive and be discovered. The time to act is now, and there is a lot at stake.
Turning an idea into a cultural product is no simple task. From coast to coast to coast, our creatives have undeniable talent and unparalleled work ethics. Canada's independent producers are an example of this.
A Canadian independent producer is a Canadian person or entity, usually a corporation, that creates an audiovisual media project that is not owned or controlled by a broadcaster or a distributor. In other words, independent producers make movies, TV shows and documentaries that are not subject to creative controls by a TV channel, network, streaming service or cable company. They are crucial to creative risk-taking, authentic storytelling and diverse representation in our audiovisual sector.
In film and television, independent productions cover a wide range of formats and genres, from art house films to popular animated kids shows and everything in between. To successfully realize a project, independent producers do many things. They invest in development, make pitches, secure financing, hire creative and technical teams, scout locations, and navigate complex trade, tax and labour arrangements to make projects happen. Not surprisingly, Canadian independent producers often work closely with Canadian musicians for scores and soundtracks.
There are over 600 independent production companies in Canada, most of them small and surviving project to project. In 2019-20, Canadian independent film and television accounted for $2.9 billion in production volume and more than 81,000 jobs. Many of these independent production companies are undercapitalized and often face difficulty obtaining project financing. In Canada, once a finished project is in hand, all the rights for its creative elements are clear. The producers can then make money, but it is risky business with a lot of upfront costs.
While we may recognize some Canadian landmarks in the background of some American productions, these companies work with Canadian talent below the line: the “best boys”, “grips” and “gaffers” listed in movie credits. They work with our visual effects, post-production and virtual production studios, who are valuable without a doubt.
However, Canadian productions, and specifically independent Canadian productions, are important for ensuring that the cultural industry investments touch down and take root in the places where our stories come from. For example, just one season of Heartland spent over $28 million on production, saw each dollar of federal tax incentive produce more than $11 in GDP, and hired more than 1,400 vendors across Alberta.
Independent Canadian productions also tell untold stories and develop diverse programming. Diversity is one of Canadians' greatest strength. Without independent producers taking risks, we would never have films such as Water in Hindi or Edge of the Knife in the endangered Haida language.
Our stories and our creative talent are at the heart of the online streaming act. The legislation lists several important factors for the CRTC to consider in its definition of Canadian programs, such as, for example, collaboration between Canadian producers, Canadian ownership and exploitation of IP by Canadians. This would give the commission the flexibility to require all types of broadcasting undertakings, including online streaming services, to financially contribute to the development of Canadian programs and talent. That is what Canada's important independent production sector needs to continue to thrive.
A strong independent production sector ensures Canadian stories are told by and for Canadians. However, it is not enough to encourage the production side alone. It is important that Canadians can find and access Canadian stories and music as well. As we see more of ourselves reflected in these popular mediums, it creates a sense of pride and a sense of unity, precisely when we need them during these difficult times.
The influx of streaming programs has meant access to endless content, but it can be difficult to find or even recognize Canadian programs. This is in part because online platforms are not required to showcase Canadian programs in the same way as the traditional broadcasters. Our independent productions, and especially Canadian music, deserve to be discovered and supported. However, in the current context, it is challenging for independent producers to remain visible in the marketplace.
Word-of-mouth marketing is no longer sufficient. Our musical tastes are increasingly dictated by algorithms. What we are asking for has proven successful in the past. Forty-one years ago, the federal government stepped in with requirements for CanCon to save our singers and musicians from being lost to the radio hits from the United States.
Without prominence, Canadian stories and songs will not be discovered, heard or remunerated. The intent behind showcasing Canadian stories and music is not to limit consumer choice, but to help raise the profile of Canadian artists. Regulation would not prevent Canadians from accessing programs from around the world. It would give us greater opportunity to discover local ones. The CRTC would work directly with platforms to determine how they can best showcase more Canadian content.
Discoverability is a tool to help audiences find Canadian works. It would ultimately be up to the commission, as the expert, independent regulator, to craft discoverability requirements that are appropriate for different types of online streaming services. The commission's scope is limited in the bill and would be further guided by the government's policy direction, as is common practice.
In closing, whether we are individual fans and consumers, career showrunners and artists, or industry players, the truth is that we are all invested in the vibrancy of Canadian stories and music. We need Canadian stories and songs to be available and accessible to Canadians. With the online streaming act, we will not just hope but plan for meaningful and sustainable change for our broadcasting and audiovisual sectors, and the production and distribution ecosystem that supports them.
This bill would provide Canadian creators and independent producers the opportunity to own, control and monetize their work, and gives Canadian stories and music a fighting chance to reach the Canadian audience that wants to hear or see them. I urge all members of the House to support the online streaming act. It is time for us to work together to ensue that our cultural sector remains strong, resilient, competitive and representative of our beautiful country.
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Mr. Speaker, quickly, I am wondering if my colleague can provide his thoughts on the importance of passing the legislation to modernize the public broadcasting act. It has been many, many years, going back to the early nineties. Back then, the Internet was a pretty slow thing.
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