44th Parl. 1st Sess.
June 20, 2022 11:00AM
Madam Speaker, I appreciate many of the comments that my colleague has brought forward. One of the things that is really important for us to recognize is that over the years we have seen significant change. In the early 1990s, when the Internet really started to take off, we started to see more streaming really beginning. It was not really until the late 1990s. The Broadcasting Act has not been amended in any significant way since then. I wonder if the member could provide her thoughts on why it is so critically important, just recognizing technological changes, for this act to be modernized.
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Madam Speaker, it is interesting to be interrupted with a quorum call. Many people working throughout the day often go to the MP lobby to get something to eat. I suspect we will find that on all sides of the House. It does not mean there is a lack of interest in what is taking place. The lobby is just through the door.
I want to pick up on the point that things have changed. Back in the nineties, the Internet started to speed up in a very significant way. There was nothing called Netflix when I was first elected. When we look at the speed that is required to have the type of streaming we have today, it was not even being imagined by most people back then. That was the time we last saw the modernization of Canada's Broadcasting Act.
Most Canadians understand and appreciate why it is important to have the CRTC, for example. Based on some of the arguments put forward by the Conservatives today, I am beginning to think they would get rid of the CRTC if they were put in government. That is just based on some of the comments they have put on the record. However, if we reflect on the important role that the CRTC has played in Canadian society, it is really—
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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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Madam Speaker, I will be sharing my time with the member for Brampton Centre.
I am pleased to rise today to share my support for Bill C-11, the online streaming act. The overarching goal of the act is to ensure that online streamers contribute in an equitable but flexible way to the creation of Canadian content, just as our broadcasting system has done for decades. I want to talk about why this bill is fundamentally important when it comes to our music sector.
Online streaming services such as Spotify and Apple Music have dramatically changed how we listen to music. Today, most Canadians use YouTube as their primary music streaming service; however, these online streamers are not subject to the same rules as traditional broadcasting services such as over-the-air television, cable and radio. Right now, our system is not supporting Canadian musicians and creators the way it should.
The music sector is important to Canadian society. It includes a wide array of artists, including songwriters, composers, performers and arrangers. Agents, producers, record labels and many others also support their work. The music production and sound recording industry accounts for over $625 million to Canada's GDP and almost 10,000 jobs. Through their music and lyrics, Canada's musicians help create relationships and memories, initiate important social discussions and forge a collective national identity and values. Music allows us to share our country, our culture and our ideas throughout the world.
For decades, Canadian broadcasters have given us incredible Canadian content on our televisions and radios. This is by 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, radio broadcasters have had to invest in our culture and our artists. It is why we have all the great Canadian content we love. Whenever we hear Charlotte Cardin, Coeur de Pirate, Joni Mitchell, Drake, Justin Bieber, Shawn Mendes, Great Big Sea, the Arkells and The PropheC from Calgary Skyview, it makes us proud to be Canadian.
Since the early 2000s, the music industry has navigated a landscape that has been proudly changed by new distribution models offered by online platforms. We have also seen the music industry evolve from selling music on physical media to digital sales and downloads and, most recently, the increasing popularity of online streaming. Online streaming has had positive impacts for Canadian consumers and certain artists.
Online broadcasters make music readily accessible to Canadians wherever they have an Internet connection available. They can access a variety of music and playlists tailored to their pace and interests. Streaming has also allowed a number of artists to be discovered and has bolstered their careers in other countries. Ruth B. is just one notable example of a Canadian artist who has achieved great international success after being discovered online.
However, the upheaval caused by digital platforms has also had significant consequences for our broadcasters and musical artists. Currently, online platforms have no regulatory requirements to support Canadian music. As more and more Canadians listen to online platforms and the revenues of traditional broadcasters drop, so too does the funding and support for Canadian musical artists. We need to fix this now.
We have heard, loud and clear, from Canadian music producers that passing Bill C-11 is critical to the industry. I want to share a quote from SOCAN, the Society of Composers, Authors and Music Publishers of Canada:
Canadian creators need support to continue to develop Canadian music in the world of streaming, and Canada must be a place for emerging music creators, where songwriters and composers can create, grow and thrive.
It continues:
The tabling of the Online Streaming Act on February 2, 2022, is an important first step to make it easier for Canadian audiences to find and engage with Canadian creators, giving our music a place in the world of streaming.
The chair of the board of the Canadian Independent Music Association told us that:
The most tangible way to get our artists heard in Canada and around the world is to ensure that we have awesome Canadian artists, supported by strong Canadian owned independent music companies that can compete in the global music market.... I welcome all initiatives that help make our companies stronger and our artists thrive.
That is why we are here. On this side of the House, we want to see our artists thrive. Bill C-11 seeks to update our broadcasting framework so that online platforms would be required to support Canadian music and artists, just as traditional broadcasters currently do. Bill C-11 would ensure that our musical artists would continue to contribute to Canadian culture and be able to make a living from their music. This bill is a part of our wider commitment to supporting artists in Canada and strengthening our arts and culture sector.
In conclusion, this bill realizes the importance of investing in Canadian music. Bill C-11 creates a competitive and sustainable broadcasting system while supporting music. The modernized and fair regulatory framework that it proposes would support Canadian artists and broadcasters.
I ask the hon. members of the House to support this bill. We owe it to the next generation of Canadian music talent.
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Mr. Speaker, absolutely, yes, I would.
This bill explicitly excludes all user-created content on social media platforms and streaming services. These exclusions mean that the experience for users creating, hosting and interacting with other user-generated content will not be impacted whatsoever, while the treatment of commercial content such as TV shows and all songs across all platforms will still be standardized.
This bill tells the CRTC to work with platforms to ensure a certain amount of Canadian content is showcased on platforms in both official languages as well as indigenous languages. Clause 12 of the online streaming act explicitly states that any regulation that CRTC imposes on platforms through the Broadcasting Act cannot infringe on Canadians' freedom of expression on social media.
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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 delighted to have the opportunity to ask my colleague a simple question, because we had another point raised by the Conservatives that was not accurate, when it comes to the LGBTQ2S community.
We heard testimony at the Canadian heritage committee that OutTV was basically removed from, or not allowed to be on, a number of online streaming distributors. OutTV came to committee and said that with the way it works currently, it does not have access and is excluded. In Bill C-11, as the member has pointed out, there are no exclusions.
Does the member not feel this is appropriate? Given how these big web giants act and how they can exclude with impunity, does it not make sense to have a level playing field, so that there is access for all Canadians of all communities to these online streaming platforms and streaming distributors?
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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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