44th Parl. 1st Sess.
March 9, 2023 10:00AM
Madam Speaker, I will share my time with my colleague, the member for Hamilton Mountain.
Bill C‑11 is part of this government's efforts to advance Canadian interests through a forward-thinking digital policy agenda. It improves fairness in our broadcasting system. It creates stable funding for our cultural industries. It continues to support platforms where Canadian artists and creators can make their mark and enrich Canadians' lives.
Movies, TV shows and music create associations with times in the lives of young and old alike because we recognize ourselves in these works, and we are more likely to recognize ourselves in homegrown creations. That is why we have to strengthen our support for Canadian creators.
This bill would improve fairness in our broadcasting system.
This bill would address an important regulatory imbalance by requiring online audio and video broadcasting services to contribute to the achievement of important cultural policy objectives in the same way that traditional broadcasters always have.
As early as the 1990s, concerns were raised about the potential for online streaming to disrupt the broadcasting sector. Early on, a decision was made not to place requirements on online streaming services so as to avoid stifling innovation, given the relatively limited impact of those services at that time. We need to keep in mind that broadcasting regulation only applies where there is a material impact on the broadcasting sector. Today, the situation is untenable, and the rationale to exempt online broadcasters no longer stands.
Over the past decade, subscribers to online broadcasters have grown from 6% to 78% of Canadians. In the last few years alone, the revenues of online video services have seen fast and substantial growth, while over the same period of time traditional broadcasters have seen steadily shrinking revenues. The reason I bring this evidence to members' attention is to make it clear that the world of broadcasting has changed. We all know this. We regularly turn to online streaming services such as Netflix, Spotify, Crave, Club illico and others to access our music and television. Times have changed. In the past 20 years, online streaming services have become the method through which a growing majority of Canadians access their content.
There has been a drastic shift in Canada's broadcasting sector that has directly impacted the level of support for Canadian programming and talent. Jobs are threatened. Continuing to treat online and traditional broadcasters differently is not fair, and it is not sustainable. It is putting the support system for Canadian stories and music at risk. The bill would create sustainable funding for our cultural industries.
To explain how modernizing the act would create sustainable funding for our cultural industries, it is important to look back at the proven track record of innovation in our cultural sector and recall how transformative digital disruption has been for broadcasting in Canada. This support system has cultivated Canadian cultural works and has supported innovation and talent in our audiovisual, music and sound recording sectors, and it is one we intentionally developed through policies, programs and legislation.
Let me remind members how things were in the beginning for Canadian broadcasting. Radio and TV channels, as well as cable and satellite distribution companies, had to be Canadian owned and hold licences. They were allowed, and still are of course, to show foreign programs or carry American channels. In return for participating in Canada's broadcasting system and accessing our domestic market, they were required to fund, acquire and broadcast Canadian programs.
They were also required to make programs accessible to Canadians and contribute to the creation of Canadian programming, including in French. Over time, the demand for Canadian programming has increased. The system was working as intended and domestic creative industries flourished. Thousands of Canadians found careers in broadcasting as producers, actors, screenwriters, directors, singers, lighting designers, makeup artists, set designers and so much more. The Canadian cultural industry became more skilled and sophisticated and we saw investments in production clusters. We became famous for our creative and technical talent.
Broadcasting plays a key role in supporting the Canadian creative industry and developing our cultural identity. The Canadian broadcasting, film, video, music and sound recording industries are also important economic drivers. They contribute about $14 billion to Canada’s GDP and accounted for more than 160,000 jobs in 2019.
These figures point to a sector we can be proud of and not one we can take for granted. We knew the day would come when the 1991 Broadcasting Act would no longer be sufficient. Unfortunately, that day has come and is long past.
We are fighting for the recognition and support that the cultural sector needs, not only to survive, but to thrive. Time is running out.
The online streaming act is about ensuring the sustainability of the Canadian broadcasting system. It is also about ensuring our cultural sovereignty. Canada is a hotbed of continuous innovation and an incubator for emerging cultural talent. We must support our creators and our creative industries. This requires that all broadcasters in Canada compete on a level playing field.
We need to integrate online broadcasting services into regulation. Because of outdated legislation, online broadcasters are not required to support Canadian music and content, or any other important broadcasting objective. As revenues for traditional broadcasters stagnate and decline, the level of support for Canadian music and content, and the creative professionals who create it, will also decline.
The implications for the broadcasting system are serious. Canadian broadcasters have responded by cutting costs, which has had a real impact on the service they provide to Canadians, their contribution to Canadian culture, and middle-class jobs.
As Canadians, we will be the poorer for not seeing homegrown talent supported and having more diversity on screen and in song.
Previous generations enjoyed Canadian programs knowing that others across the country were sharing a similar experience. These experiences are important for our culture and our cultural industries.
What matters most and what matters now is that Canadian voices, perspectives and stories remain relevant, heard and groundbreaking.
The online streaming act is needed to achieve greater diversity in the broadcasting system and ensure the long-term viability of our broadcasting sector.
As a proud Quebecker, I know that Bill C‑11 will strengthen Quebec's cultural sector. French is a minority language in the greater North American landscape and we are taking measures to protect and promote francophone creators and artists.
These measures are part of the framework of broader commitments by the Government of Canada to ensure the vitality of French-language and minority-language communities in the country. Thanks to this bill, there will be more Quebec and francophone content on online streaming platforms. We can be proud of that.
In conclusion, this bill seeks to ensure that the creative sector continues to grow. Regardless of how Canadians access their content, they should be able to recognize themselves in the stories and music that reflect their experience and their community.
The Broadcasting Act of 1991 has brought us to this point. The online streaming act will bring us further. We cannot wait any longer. We must act now.
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Madam Speaker, this is what the bill does: it brings online streaming services under the jurisdiction of the Broadcasting Act; it requires having Canadian content; it prioritizes and supports creators from francophone, first nations, LGBTQ2+ and racialized communities and those who advance equity; it modernizes outdated legislation to bring our system into the 21st century.
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Madam Speaker, the only amendments this government did not accept were amendments that created loopholes that would have allowed streaming companies to get out of their obligations. This is all about supporting Canadian culture and Canadian artists.
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Madam Speaker, I am finding it very difficult to address this without trying to make the context larger. Let us imagine that in the digital world we thought everything was going to be more fun, so we invited Airbnbs into our neighbourhoods and we have discovered that we lose housing because Airbnbs compete with the hotels and take up residential space.
In the world of entertainment, digital is looking like we can play with it ourselves, we can put up cat videos, but then we discover that Canadian content, Canadian screenwriters, Canadian writers, Canadian producers are being disadvantaged by online streaming of the giants. Just as in the past when we needed Canadian content to bring us the shows that told us what it was to be Canadian, whether it was The Friendly Giant,The Beachcombers or whatever, we need protection for Canadian content because in the digital world it is all different. That is all this bill would do.
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Madam Speaker, some great Canadian content that has come out of the province of Quebec is an absolute favourite of my wife, and that is Celine Dion. My wife loves Celine Dion not because the government told her to but because Celine is Celine. That is the kind of content that we do not need the government to tell us we have to like. Although I am not familiar with the artists my hon. colleague has referenced, I am sure that if they bring him great enjoyment, they should be available on the streaming service. He should have the option to be able to listen to that if he likes it.
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Madam Speaker, it is great to be here this afternoon, and I hope all of my colleagues are having a productive day.
I rise today to speak in support of Bill C-11, the online streaming act. This important piece of legislation will level the playing field by requiring online streaming services to support Canadian artists and culture, just as Canadian broadcasters have been doing for decades.
As we have all heard many times, the last time the Broadcasting Act was updated was over 30 years ago, in 1991, when yours truly just finished high school, I believe. Since then, the way content is broadcast to audiences has changed dramatically, but our system is stuck in the 20th century and needs to be updated. After over a year of thorough study in both Houses of Parliament, the finish line, yes, is in sight.
Conservatives have recently started claiming that parts of this bill have not yet received the appropriate scrutiny by parliamentarians. I beg to differ.
With all due respect, I fail to understand how they can genuinely suggest that this bill has not been studied enough. At every step of the process, they have attempted to delay and distract from the issue at hand, which is bringing the Broadcasting Act into the 21st century to support Canadian artists and creators.
To show just how much this bill has been studied, let us take a trip down memory lane. On February 2, 2022, Bill C-11 was tabled in the House of Commons. Second reading debate started on February 16, 2022. Over the course of five days of debate, we heard over 15 hours of speeches from 48 members of Parliament in all recognized parties, including 29 Conservatives.
Conservatives then claimed that they did not have enough time to debate but then moved concurrence motions that blocked their own ability to speak and debate on the bill. They did this during the previous iteration of the bill in the last Parliament and on Bill C-11 in this Parliament, when they cut three hours of debate time and prevented their own members from having the opportunity to speak. I note the irony. Ultimately, these obstructionist tactics have only hurt the Canadian artists and creators that the online streaming act, Bill C-11, seeks to support.
Fortunately, Bill C-11, finally—
Mr. Ron Liepert: Because of the unnecessary election fiasco.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès): Order.
Mr. Francesco Sorbara: Madam Speaker, the committee gave our colleagues the opportunity to study the bill with much closer scrutiny. That study lasted 12 meetings, where the committee heard from 80 witnesses and received 52 written briefs, but do not worry; the Conservatives still managed to delay and distract. They filibustered during the meeting at which the minister was supposed to appear and they filibustered the committee's clause-by-clause consideration.
They can try to deny it today, but the member for Lethbridge admitted it herself. She said, and this is a direct quote, “I did filibuster at committee”.
Fortunately, our colleagues in the Bloc and the NDP have decided to join us in modernizing Canada's broadcasting system through Bill C-11, and 38 amendments passed at the heritage committee, which included amendments from all recognized parties. Despite the Conservatives' best efforts, the bill made its way to the Senate.
Very well. At this point, I think it is valuable to remind my colleagues that the Conservative Party of Canada is the only political party recognized in both the House of Commons and the Senate. Senator Leo Housakos, the proud Spartan, who is both the Conservative critic for the bill in the Senate and the chair of the committee that reviewed it, is a regular in “Kill Bill C-11” videos posted by the Leader of the Opposition on social media.
Ironically, those videos, I might add, would not be impacted whatsoever by this bill, no matter what he claims. The best word to describe the Senate committee's study of Bill C-11 is “robust”.
Starting in June 2022, the committee spent over six months reviewing the subject matter of Bill C-11, hearing from 138 witnesses over 40 meetings. The members did not mishear me. I said 40 meetings, dedicated to considering the subject of this very important bill. Senators spent nine of those meetings in clause-by-clause consideration of Bill C-11, including three-hour meetings, making it the longest clause-by-clause consideration in Senate history.
The bill emerged with amendments from all recognized parties and groups in the Senate, of which we are pleased to support close to 80%.
Here we are, over a year later, hearing the Conservatives urging us to send the bill back to committee, after over 100 hours of committee study, over 200 witnesses and dozens of written briefs, including from Telelatino in Toronto. I know that the folks at Telelatino produce great ethnocultural broadcasting, and they are in support of this wonderful bill.
This does not even include the countless hours of debate and study of the previous version of the bill that contributed to the online streaming act. As it stands, this bill has amendments from all recognized parties and groups in both houses of Parliament. It has truly been a group effort, and the future of Canada's broadcasting system is better for it.
The Conservatives are now bringing up Quebec. It is great they are finally paying attention, but they must have missed the two unanimous motions passed by the National Assembly to support the Broadcasting Act and the entire Quebec cultural industry pushing for the bill's swift passage.
The reality is throughout this process there have been endless opportunities for Conservatives to work collaboratively to defend Canadian artists and creators. Every time, they have chosen to side with foreign tech giants to maintain the status quo.
On this side of the House, we believe in doing more for Canadian culture, not less. We know in the prior Conservative administration how much less its members did for Canadian artists and culture and how they cut spending on Canadian culture, artists and content creators. We will not do that and we have not done that. We will continue to support the Canadian arts sector, culture sector and content creators.
I know this has been brought up many times throughout the debate, but there is an urgent need for this legislation. It cannot be overstated. The integrity of Canada's arts and culture system is at risk. We owe it to the tens of thousands of Canadians working in the arts and culture sector across the country. We have done the work as parliamentarians and now it is time to pass Bill C-11.
Many of us watch streaming services that provide content over what are called non-traditional methods. My wife and I really enjoy Ted Lasso, and the third season of Ted Lasso is coming out on March 15. We very much enjoy it. It is very well written. It comes across on I believe Apple TV+ and we pay a monthly fee for that. That content provider would now be subject to the Broadcasting Act, and it should be, much like Canadian broadcasters have been subject to the Broadcasting Act for decades.
Finally, to end off, the Broadcasting Act has not been revised since 1991. I wish to applaud all members of both the House and the Senate on those committees who have worked so judiciously, even when their opinions did not converge, to be unified and even when they disagreed vehemently and passionately from potentially different ideological bents on how they view the Broadcasting Act and how they view the CRTC. However, they did the work Canadians sent them here to do, and particularly in the House of Commons. They did the work their constituents elected them to do judiciously and diligently to bring forth the best possible legislation with regard to the sector we are talking to, which is broadcasting and updating the Broadcasting Act after three decades, or since 1991.
I look forward to questions and comments from my colleagues and I hope everyone is having a wonderful and productive day and week.
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Madam Speaker, I work closely with the hon. member for London—Fanshawe on the Ahmadiyya Parliamentary Friendship Group, and we share the same concerns when it comes to the beer and wine sector here in Canada and some of the challenges it faces.
Obviously, COVID accelerated a number of trends in our economy and our society, from working habits to staying home and from streaming to online shopping. We need to pay attention to the changes that have happened. Exactly as the member stated, this amends the Broadcasting Act to address an acceleration in streaming services. Therefore, for the broadcasters, much like the broadcasters that are under the Broadcasting Act today that pay their fair share for Canadian artists and content creators, the same thing would apply for those services now. It would be brought in under the Broadcasting Act.
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Madam Speaker, is the member telling us that algorithms and access to algorithms are easy things to decrypt? Is that actually what she is telling us?
Basically, as she sees it, the only way to avoid any interference in broadcasting and streaming is to abolish the CRTC.
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Madam Speaker, I would like to say from the outset that I will be splitting my time with the member for Nunavut.
I am pleased to rise in this debate, and I will try to talk about Bill C-11, instead of all the other kinds of things not related to Bill C-11 that seem to have found their way into the debate today, because it is very fundamentally important to our Canadian identity. The way we learn to understand our country and ourselves depends on the stories we tell each other, the movies we watch and the music we listen to. Therefore, it is very important that there be a space created in this cacophonous world media that is emerging for Canadian content. Otherwise, we will lose our identity as Canadians.
This bill seeks to amend and to update the Broadcasting Act. It looks at making sure there is a level playing field for the new streaming services that have taken a great deal of control over what is happening. It is a very important bill. It asks that the streaming services, which take an enormous amount of revenue out of Canada without paying taxes here, for the most part, be obliged to contribute funds so that Canadian creators can continue to create that content.
The Conservatives are focusing on people who are creating content on the Internet. However, what I am talking about is music, publishing, television and movies, and it is essential that we have that Canadian content. If we tell artists to go ahead and create Canadian content, but the money has already been sucked out of the economy that would go to finance that, then that content will not exist. It cannot exist. The money will be invested and decisions will be made by the streaming services, and they will invest those Canadian revenues around the world wherever they think they can make the most profit. This bill asks that they make an equal contribution to the revenues they are taking out of this country to make sure that Canadian content in movies, television and radio continues to exist. To me, that is the importance of this bill.
A secondary part of this bill that is very important to me is that which updates the broadcasting policy to add a requirement that when we are looking at Canadian content it includes diversity. In particular, one of the things that has never been recognized is the importance of indigenous culture and indigenous languages in this country. This bill updates the Broadcasting Act to include an obligation that the Canadian content that is being protected would be inclusive of indigenous culture and indigenous languages. I think that is a very important step forward.
It also acknowledges other forms of diversity. No one would be surprised that I belong to one of those minority communities. I think it is important that all of that diversity, whether with respect to sexual orientation, gender identity, ethnic, racial or religious backgrounds, is represented in Canadian content. This bill would update those regulations to recognize how important that diversity is to who we are as Canadians. For that reason, I am supporting this bill. I have supported it from the beginning.
Do I think the government has done the best job of communicating its messages here? Frankly, no, I do not. Do I think it has done the best job of getting this done in a timely fashion? Obviously it has not. We had an unnecessary election that caused us to start over on this bill. However, that does not make any difference to the final outcome.
We are talking about Senate amendments today. Everyone knows that I am not a great fan of that other place. Most of the time, I think the House should reject all amendments from the Senate. Very few senators even show up to vote on legislation, and they are not accountable to anyone. Therefore, I have no hesitation at all in saying that we will look carefully at amendments that come forward. However, if we in the House do not think they are good amendments, we have every right to reject them, because we are the elected members who represent Canadians in the House. I have no problem sending the amendments back to the Senate, thanking it very much, and telling it that we, the elected members, will decide on legislation.
Having said all of those positive things, I cannot avoid talking for a minute about this other world that the Conservative caucus seems to be living in. It is a world where the Internet is unregulated in a free market where quality rises to the top. I do not live in that world. It is not the real world. The web giants control the content and who rises to the top already. Through their algorithms, they determine what Canadians can see. Google decides in its search engine what will be prioritized.
I belong to the interparliamentary group working on online anti-Semitism, and we have been trying to get those web giants to acknowledge their role, in this particular case, in promoting anti-Semitism in the way that their algorithms function. We had a great deal of trouble getting the attention of parliamentarians from 12 countries to this problem, which they create through their algorithms. They say those algorithms are a business secret. They cannot share how those work. They cannot let anyone have any role in those algorithms. Those are theirs, and they make profit out of them. The bill says that, in terms of discoverability, there be a way that Canadian content created in Canada can be discovered through those search engines.
Yes, there is an intervention about content and what we see. It is not an attempt to censor. It is an attempt to create opportunities for diverse material to make its way forward through the business-controlled algorithms that determine what people see and watch now. There is no wild frontier out there where everybody competes equally on the Internet. We hear the Conservatives saying there is an attempt to censor. There is an attempt to create an opening for more diversity and an opening for Canadian content. That is not censorship.
We heard very extreme statements about Canadian content here, which would, I would say, throw the baby out with the bathwater. They are saying for all these years we have had Canadian content, which has helped Canadian filmmakers and Canadian singers establish a base that they have been able to use to go on to become stars on the world stage. They want to throw that away and say no level playing field and no resources for Canadians against the rest of the big streaming giants who are funding things elsewhere.
That is not the Canada I want to live in, and that is not the way we should approach what is absolutely a changed environment. That is what this bill tries to do. It tries to respond to that changed environment that the streaming companies have created and to make sure there is a role for our stories, our music, our movies and for us as Canadians on the world stage.
That is why I will continue to support Bill C-11. I hope the Conservatives believe what they are saying. I am not sure they do, but I hope that they are arguing from a very honest perspective. I just do not understand how creating opportunities for Canadians is censorship.
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Madam Speaker, what happens and what the Conservatives are failing to recognize is that business-dominated streaming services and Internet result in the most homogenous material going the farthest. It actually works against diversity. Those who have a smaller market, because they are appealing to serving their own local communities and their own local culture, will not advance as far in this free competition that the Conservatives see out there. What we need is a bill like this that would create that opening, that opportunity and that funding for Canadian content that will respond to the diversity of Canada.
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Uqaqtittiji, to put it simply, I very much prefer to have the CRTC determine what is reflected back in what it regulates regarding online streaming as opposed to studio executives who are outside of this country, and that is what we are talking about in the bill. There has already been content regulation for TV, there has been content regulation for radio, and that content regulation needs to happen for online streaming, because so many Canadians are online every day.
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