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Bill C-11

44th Parl. 1st Sess.
April 19, 2023
  • This bill, called the Online Streaming Act, is an amendment to the Broadcasting Act in Canada. It aims to update and improve the broadcasting policy for Canada. Some key points of the bill include: - Adding online undertakings (transmission or retransmission of programs over the internet) as a distinct class of broadcasting undertakings. - Specifying that the Act does not apply to programs uploaded to a social media service, unless they are prescribed by regulation. - Updating the broadcasting policy to serve the needs and interests of all Canadians, including marginalized communities, Indigenous persons, and persons with disabilities. - Enhancing the vitality of official language minority communities and supporting the use of both English and French in Canadian society. - Giving the Canadian Radio-television and Telecommunications Commission (CRTC) the power to regulate and supervise the Canadian broadcasting system in a way that cons
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House Committee

44th Parl. 1st Sess.
November 28, 2023
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House Committee

44th Parl. 1st Sess.
September 28, 2023
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Senate Committee

44th Parl. 1st Sess.
December 14, 2022
  • The Standing Senate Committee on Transport and Communications has the honour to present its

    THIRD REPORT

    Your committee, to which was referred Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, has, in obedience to the order of reference of October 25, 2022, examined the said bill and now reports the same with the following amendments:

    1.Clause 2, pages 2 and 4:

    (a)On page 2,

    (i)replace lines 21 to 27 with the following:

    community element includes the participation of members of the community, through volunteers and a community board selected by members, in the content production of community media in the language of their choice, as well as in the day-to-day operations and administration of not-for-profit community media entities responding to the needs of the community they serve; (élément communautaire)”, and

    (ii)replace lines 31 and 32 with the following:

    decision includes a determination made by the Commission in any form; (décision)”; and

    (b)on page 4, replace lines 5 and 6 with the following:

    “broadcasting undertakings and creators;

    (b) the right to privacy of individuals; and

    (c) the commitment of the Government of Canada to”.

    2.Clause 3, pages 5 to 9:

    (a)On page 5,

    (i)replace line 1 with the following:

    (3) Subparagraphs 3(1)(d)(iii) and (iv) of the Act are re-”,

    (ii)replace line 6 with the following:

    “Canadians from Black or other racialized communities and Cana-”,

    (iii)replace line 14 with the following:

    “ples and languages within that society,”, and

    (iv) replace line 46 with the following:

    “Black and other racialized communities and the diversity of the”;

    (b)on page 6,

    (i)replace line 3 with the following:

    “carried on by Canadians from Black or other racialized communi-”,

    (ii)replace line 6 with the following:

    “Black or other racialized communities and diverse ethnocultural”, and

    (iii) add the following after line 8:

    (iv) promote innovation and be readily adaptable to scientific and technological change,

    (v) reflect and be responsive to the preferences and interests of various audiences, and

    (vi) ensure freedom of expression and journalistic independence;”;

    (c)on page 7,

    (i)replace line 21 with the following:

    “of Canadians from Black or other racialized communities and di-”,

    (ii)add the following after line 22:

    (ii.2) reflect the importance of Indigenous language revitalization by supporting the production and broadcasting of Indigenous language programming, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and in response to the Truth and Reconciliation Commission of Canada’s Calls to Action,”, and

    (iii)delete lines 30 to 35;

    (d)on page 8,

    (i)replace line 16 with the following:

    “broadcasting system in order to serve Indigenous peoples where they live;” and

    (ii)add the following after line 46:

    (r.1) online undertakings shall implement methods such as age-verification methods to prevent children from accessing programs on the Internet that are devoted to depicting, for a sexual purpose, explicit sexual activity;”; and

    (e)on page 9, replace lines 18 and 19 with the following:

    “the democratic process and support local journalism, and”.

    3.Clause 4, page 10: Replace lines 15 to 26 with the following:

    (a) the extent to which a program contains a sound recording that has been assigned a unique identifier under an international standards system;

    (b) the fact that the program has been uploaded to an online undertaking that provides a social media service by the owner or the exclusive licensee of the copyright in the sound recording, or an agent of the owner; and

    (c) the fact that the program or a significant part of it has been broadcast by a broadcasting undertaking that

    (i) is required to be carried on under a licence, or

    (ii) is required to be registered with the Commission but does not provide a social media service.”.

    4.Clause 5, page 11:

    (a)Add the following after line 22:

    (1.1) Paragraph 5(2)(c) of the Act is replaced by the following:

    (c) promotes innovation and is readily adaptable to scientific and technological change;”; and

    (b)replace lines 36 to 38 with the following:

    “ing out “and” at the end of paragraph (f) and by adding the following after paragraph (g):

    (g.1) protects the privacy of individuals who are members of the audience for programs broadcast by broadcasting undertakings; and”.

    5.Delete clause 7, page 12.

    6.Clause 10, page 14: Delete lines 23 to 25.

    7.Clause 11, pages 18 and 19:

    (a)On page 18, replace lines 29 to 32 with the following:

    (a) whether Canadians, including independent producers, have a right or interest in relation to a program, including copyright, that allows them to control and benefit in a fair”; and

    (b)on page 19,

    (i)replace lines 4 and 5 with the following:

    “right in musical works or in sound recordings; and”, and

    (ii)add the following after line 7:

    (1.11) No factor set out in paragraphs (1.1)(a) to (e) is to be determinative of any matter provided for by a regulation made under paragraph (1)(b).”.

    8.Clause 14, pages 21 and 22:

    (a)On page 21,

    (i)replace line 30 with the following:

    “ing by broadcasting undertakings;

    (b.1) supporting broadcasting undertakings offering programming services that, in the Commission’s opinion, are of exceptional importance to the achievement of the objectives of the broadcasting policy set out in subsection 3(1);”, and

    (ii)replace line 34 with the following:

    “Act; or

    (d) supporting the development of initiatives — including tools — that, in the Commission’s opinion, are efficient and necessary for the achievement of the objectives of the broadcasting policy set out in subsection 3(1).”; and

    (b)on page 22,

    (i)replace line 2 with the following:

    “out in paragraphs (1)(a) to (d).”, and

    (ii)replace line 6 with the following:

    “cated to Canadian original French language programs in the case of”.

    9.Clause 16, page 23:

    (a)Replace line 18 with the following:

    16 (1) Paragraph 18(1)(c) of the Act is replaced by”; and

    (b)add the following after line 22:

    (2) Subsection 18(2) of the Act is replaced by the following:

    (2) The Commission shall also hold a public hearing in connection with the following matters unless it is satisfied that such a hearing is not required in the public interest:

    (a) the amendment or renewal of a licence;

    (b) the making of an order under subsection 9.1(1) or 11.1(2); and

    (c) the making of any regulation under this Act.

    (2.1) A hearing in connection with a matter referred to in paragraph (2)(b) or (c) shall be held after the proposed order or regulation in question is published.”.

    10.Clause 26, page 30: Add the following after line 13:

    (3) The Minister shall cause a copy of all reports published under subsections (1) and (2) to be tabled before each House of Parliament.”.

    11.Clause 30, page 40: Add the following after line 20:

    (1.1) Despite subsection (1), the Corporation may not enter into any contract, arrangement or agreement that results in the broadcasting or development of an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming.”.

    12.Clause 31.1, page 41: Replace lines 23 to 28 with the following:

    “31.1 Subparagraph 6(2)(a)(ii) of the Status of the Artist Act is replaced by the following:

    (ii) broadcasting undertakings, regulated under the Broadcasting Act, that are federal works, undertakings or businesses, as defined in section 2 of the Canada Labour Code, or that are corporations established to perform any function or duty on behalf of the Government of Canada;”.

    Your committee has also made certain observations, which are appended to this report.

    Respectfully submitted,

    LEO HOUSAKOS

    Chair

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House Committee

44th Parl. 1st Sess.
June 15, 2022
  • In accordance with its Order of Reference of Thursday, May 12, 2022, your committee has considered Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, and agreed on Tuesday, June 14, 2022, to report it with the following amendments:

    Clause 2

    That Bill C-11, in Clause 2, be amended by replacing lines 21 to 26 on page 2 with the following:

    “community element includes the element of the Canadian broadcasting system as part of which members of a community participate in the production of programs that are in a language used in the community including a not-for-profit broadcasting undertaking that is managed by a board of directors elected by the community;”

    That Bill C-11, in Clause 2, be amended by adding after line 29 on page 2 the following:

    decision means any measure of any kind taken by the Commission. (décision)”

    That Bill C-11, in Clause 2, be amended by adding after line 33 on page 2 the following:

    official language minority community means English-speaking communities in Quebec and French-speaking communities outside Quebec; (communauté de langue officielle en situation minoritaire)”

    That Bill C-11, in Clause 2, be amended by replacing line 35 on page 3 to line 1 on page 4 with the following:

    “enhance the vitality of official language minority communities and to support and”

    Clause 3

    That Bill C-11, in Clause 3, be amended by replacing lines 7 to 10 on page 4 with the following:

    “(a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and it is recognized that it includes foreign broadcasting undertakings that provide programming to Canadians;”

    That Bill C-11, in Clause 3, be amended by adding after line 22 on page 4 the following:

    “(2.1) Subparagraph 3(1)(d)(ii) of the Act is replaced by the following:

    (ii) encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view, and foster an environment that encourages the development and export of Canadian programs globally,”

    That Bill C-11, in Clause 3, be amended by adding after line 40 on page 4 the following:

    “(iii.11) provide opportunities to Black and other racialized persons in Canada by taking into account their specific needs and interests, namely, by supporting the production and broadcasting of original programs by and for Black and other racialized communities,”

    That Bill C-11, in Clause 3, be amended by replacing line 42 on page 4 with the following:

    “original French language programs,”

    That Bill C-11, in Clause 3, be amended by replacing lines 43 and 44 on page 4 with the following:

    “(iii.3) enhance the vitality of official language minority communities in Canada and”

    That Bill C-11, in Clause 3, be amended by replacing lines 7 to 12 on page 5 with the following:

    “served, including with respect to the languages in use within those communities and to their ethnocultural and Indigenous composition, and the high engagement and involvement in community broadcasting by members of those communities, including with respect to matters of public concern,”

    That Bill C-11, in Clause 3, be amended by adding after line 15 on page 5 the following:

    “(iii.6) support the production and broadcasting of programs in a diversity of languages that reflect racialized communities and the diversity of the ethnocultural composition of Canadian society, including through broadcasting undertakings that are carried on by Canadians from racialized communities and diverse ethnocultural backgrounds,

    (iii.7) provide opportunities to Canadians from racialized communities and diverse ethnocultural backgrounds to produce and broadcast programs by and for those communities,”

    That Bill C-11, in Clause 3, be amended by replacing lines 6 and 7 on page 6 with the following:

    “production and broadcasting of original French language programs, including those from French lin‐”

    That Bill C-11, in Clause 3, be amended by adding after line 22 on page 6 the following:

    “(5.1) Subparagraph 3(1)(i)(iv) of the Act is replaced by the following:

    (iv) provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern and to directly participate in public dialogue on those matters including through the community element; and”

    That Bill C-11, in Clause 3, be amended by adding after line 22 on page 6 the following:

    “(5.1) Subparagraph 3(1)(i)(v) of the Act is replaced by the following:

    (v) include the greatest possible contribution from the Canadian production sector, whether it is independent or affiliated with or owned by a broadcasting undertaking;”

    That Bill C-11, in Clause 3, be amended by adding after line 30 on page 6 the following:

    “(6.1) Subparagraph 3(1)(m)(iv) of the Act is replaced by the following:

    (iv) be in English and in French, reflecting the different needs and circumstances of each official language community, including the specific needs and interests of official language minority communities,”

    That Bill C-11, in Clause 3, be amended by replacing lines 37 and 38 on page 6 with the following:

    “digenous persons — within community elements, which are positioned to serve smaller and remote communities, and other elements of the Canadian broadcasting system;”

    That Bill C-11, in Clause 3, be amended by replacing line 41 on page 6 with the following:

    “Canadian broadcasting system, including through community broadcasting, as well as the opportunity for them to develop their own content and voices;”

    That Bill C-11, in Clause 3, be amended by adding after line 41 on page 6 with the following:

    “(p.1) programming that is accessible without barriers to persons with disabilities should be provided within the Canadian broadcasting system, including without limitation, closed captioning services and video services available to assist persons living with a visual impairment;”

    That Bill C-11, in Clause 3, be amended by replacing line 3 on page 7 with the following:

    “cluding original French language programs, in an”

    That Bill C-11, in Clause 3, be amended by adding after line 9 on page 7 the following:

    “(iii) ensure the delivery of programming at affordable rates;”

    That Bill C-11, in Clause 3, be amended by adding after line 14 on page 7 the following:

    “(s) the programming provided by the community element should

    (i) be innovative and complementary to the programming provided for mass audiences,

    (ii) cater to tastes and interests not adequately provided for by the programming provided for mass audiences and include programs devoted to culture, politics, history, health and public safety, local news and current events, local economy and the arts,

    (iii) reflect Canada’s communities, regions, Indigenous and multicultural nature, including through third-language programming,

    (iv) support new and emerging Canadian creative talent, as a cost-effective venue for learning new skills, taking risks and exchanging ideas,

    (v) through community participation, strenghten the democratic process and support countering disinformation, and

    (vi) be available throughout Canada so that all Canadians can engage in dialogue on matters of public concern; and”

    Clause 4

    That Bill C-11, in Clause 4, be amended by replacing line 3 on page 8 with the following:

    “in respect of which this Act applies, in a manner that is consistent with freedom of expression.”

    Clause 5

    That Bill C-11, in Clause 5, be amended by replacing lines 32 and 33 on page 8 with the following:

    “— and the specific needs and interests of official language minority communities in Canada and”

    That Bill C-11, in Clause 5, be amended by replacing line 38 on page 8 with the following:

    “ation and production industry, particularly with respect to employment in Canada and Canadian programming, their contribution to”

    That Bill C-11, in Clause 5, be amended by replacing lines 11 and 12 on page 9 with the following:

    “guages, including those created and produced by official language minority communities in”

    That Bill C-11, in Clause 5, be amended by adding after line 15 on page 9 the following:

    “(e.2) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities;”

    Clause 6

    That Bill C-11, in Clause 6, be amended

    (a) by replacing lines 30 and 31 on page 9 with the following:

    “the Commission shall enhance the vitality of official language minority communities in Canada and”

    (b) by replacing lines 33 and 34 on page 9 with the following:

    “5.2 (1) The Commission shall consult with official language minority communities in Canada when”

    That Bill C-11, in Clause 6, be amended by replacing, in the French version, lines 1 and 2 on page 10 with the following:

    “c) obtenir l’opinion des communautés de langue officielle en situation minoritaire concernant les politiques, déci-”

    Clause 8

    That Bill C-11, in Clause 8, be amended by replacing lines 25 and 26 on page 10 with the following:

    “(b) publish the representations”

    Clause 10

    That Bill C-11, in Clause 10, be amended

    (a) by replacing, in the French version, line 38 on page 11 with the following:

    “doivent être des émissions de langue originale”

    (b) by replacing, in the French version, line 4 on page 12 with the following:

    “émissions de langue originale française;”

    (c) by replacing lines 9 and 10 on page 12 with the following:

    “grams and programming services, such as original French language programs;”

    That Bill C-11, in Clause 10, be amended by replacing line 27 on page 12 with the following:

    “person carrying on an online undertaking that provides the programming services of other broadcasting undertakings in a manner that is similar to a distribution undertaking to carry pro‐”

    That Bill C-11, in Clause 10, be amended by replacing, in the French version, line 6 on page 14 with the following:

    “portion importante des émissions de langue originale française.”

    Clause 11

    That Bill C-11, in Clause 11, be amended

    (a) by replacing lines 3 to 5 on page 16 with the following:

    “(a) whether Canadian producers, including independent producers, have a right or interest in relation to a program, including copyright or any other right or interest that allows them to control and benefit in a fair and equitable manner from the exploitation of the program;”

    (b) by replacing line 10 on page 16 with the following:

    “(d) the extent to which persons carrying on online undertakings”

    (c) by replacing lines 14 and 15 on page 16 with the following:

    “their own programs, with producers associated with Canadian broadcasting undertakings or with any other person involved in the Canadian program production industry, including Canadian owners of copyright in musical works or in sound recordings made in Canada; and”

    Clause 13

    That Bill C-11, in Clause 13, be amended by replacing lines 12 and 13 on page 18 with the following:

    “to a broadcasting undertaking shall be fees that relate to the recovery”

    Clause 14

    That Bill C-11, in Clause 14, be amended by replacing line 15 on page 19 with the following:

    “cated to French language original programs in”

    Clause 17

    That Bill C-11, in Clause 17, be amended by replacing line 33 on page 20 with the following:

    “17 (1) Section 20 of the Act is amened by adding the following after subsection (1) :

    (1.1) The Chairperson of the Commission may appoint members of the Commission to a panel if it is determined that the panel would otherwise have fewer than three members.

    (1.2) Members of the Commission may participate in any panel, unless this participation would place them in a conflict of interest.

    (2) Subsection 20(4) of the Act is replaced by the”

    Clause 22

    That Bill C-11, in Clause 22, be amended by replacing line 23 on page 22 with the following:

    “25.2 Subject to section 25.3, the Commission shall proactively make”

    That Bill C-11, in Clause 22, be amended by replacing line 34 on page 23 with the following:

    “may, while protecting the privacy of Canadians,”

    That Bill C-11, in Clause 22, be amended by replacing line 3 on page 24 with the following:

    “fore it, the Commission may, while protecting the privacy of Canadians,”

    Clause 28

    That Bill C-11, in Clause 28, be amended

    (a) by adding after line 34 on page 30 the following:

    “(1.1) The Commission shall, in a timely manner, issue a decision with respect to subsection (1) confirming that the person is deemed to have committed the violation.”

    (b) by replacing line 18 on page 31 with the following:

    “made under subsection (1.1), (2) or (3) to be issued and served”

    Clause 30

    That Bill C-11, in Clause 30, be amended by replacing line 15 on page 37 with the following:

    “ternational service that includes the creation, production and presentation of programming intended for audiences outside of Canada and provided in English, French and any other language deemed appropriate, in accordance with any directions that”

    New Clause 31.1

    That Bill C-11 be amended by adding after the heading “Related Amendments” after line 9 on page 38 the following:

    “1992, c. 33

    Status of the Artist Act

    31.1 Section 6 of the Status of the Artist Act is amended by adding the following after subsection (2):

    (3) This Part does not apply in respect of an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.”

    Your committee has ordered a reprint of Bill C-11, as amended, as a working copy for the use of the House of Commons at the report stage.
    A copy of the relevant Minutes of Proceedings (Meetings Nos. 23 to 31 and 34 to 36) is tabled.
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House Committee

44th Parl. 1st Sess.
June 14, 2022
  • Tue Jun 14, 2022 06:34 - 12:17AM
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House Committee

44th Parl. 1st Sess.
June 06, 2022
  • Mon Jun 06, 2022 03:32 - 05:37PM
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House Committee

44th Parl. 1st Sess.
June 02, 2022
  • Thu Jun 02, 2022 03:48 - 06:54PM
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House Committee

44th Parl. 1st Sess.
May 31, 2022
  • Tue May 31, 2022 04:28 - 09:17PM
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House Committee

44th Parl. 1st Sess.
May 30, 2022
  • Mon May 30, 2022 11:04 - 06:07PM
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House Committee

44th Parl. 1st Sess.
May 24, 2022
  • Tue May 24, 2022 11:09 - 04:34PM
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