Liberals' online streaming Bill C-11 passes Parliament
After years of political pushback and considerable parliamentary scrutiny, the federal Liberal government's Online Streaming Act known as Bill C-11 passed the Senate and has become law.
Thursday evening, Bill C-11 cleared its final legislative hurdle in the Senate, seeing senators agree to bill sponsor Canadian Heritage Minister Pablo Rodriguez's take-some-and-leave-some approach to amendments made by the upper chamber.
This clears the path for the contentious bill, focused on substantively reforming the Broadcasting Act for the first time since 1991 to take into consideration online content, to come into effect.
Senators voting 52 to 16 on a motion informing the House of Commons that the Senate agreed with the version of Bill C-11 the majority of MPs passed last month, made passing the bill possible. The House was then informed of the Senate's decision, and royal assent was granted by 6:55 p.m. ET.
Bill C-11 is aimed at ensuring increasingly popular and profitable social media platforms and streaming services such as Netflix, Crave, Spotify, Amazon Prime Video, Disney+ and YouTube are subjected to Canadian content requirements and regulations comparable to traditional broadcasters. The policy change comes with a requirement for these platforms to spend millions investing in Canadian content and creators.
While the NDP and Bloc Quebecois, as well as many in the "CanCon" music, film, and television industries, have backed Bill C-11, alarms have been sounded by critics that the Liberal proposal could have knock-on effects for content creators and what everyday users see online, due to provisions that would require platforms to promote Canadian content.
In their efforts to lobby against this bill, some of the tech companies have gone to great lengths, such as YouTube, which ran an online campaign warning users who earn money from making videos about how the legislation could impact their livelihoods. The Conservatives, arguing that the legislation will have the impact of censoring what Canadians see online, led the charge against Bill C-11 inside Parliament.
As a result of this divide, this piece of legislation has been under the parliamentary microscope in both the House and Senate for more than a year, following a failed attempt prior to the last election.
Between the more than 100 amendments contemplated by the House of Commons, and the longest study ever conducted by a Senate committee, the minister responsible for Bill C-11 has repeatedly emphasized the important contributions of parliamentarians to the final wording of the legislation, while asserting that the time had come to "move on."
"Today, we are standing up for our stories, our artists, our producers and our creators. We're standing up so that Canadians have even more opportunities to see themselves in what they watch and listen to," said Rodriguez, reacting to the bill's passage in a statement.
"With this legislation, we are ensuring that Canada's incredible talent has a bigger and brighter stage online. They tell our stories, they make our voices heard, they contribute to our economy, and they make our culture what it is: strong, diverse and unique," the minister said.
Over the last two weeks, the Senate has been mired in a largely procedural battle over whether to assert itself and insist on the substantive amendments made by the upper chamber that were rejected by the majority of MPs.
Attempts to have the Senate stand its ground on certain amendments were unsuccessful, seeing the majority of senators vote against related motions on Wednesday evening. Though, the passed motion was amended to note the Liberals gave a "public assurance" that Bill C-11 "will not apply to user-generated digital content."
A key sticking point raised in the numerous hours of debate recently held was the Senate's attempt to instill further protections for individual content creators in Bill C-11.
The government asserted that the existing safeguards in the bill were sufficient and rejected this amendment on the basis that it would impact the government's ability to "publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services."
While the Conservatives have pledged to repeal Bill C-11 should they form government, for now, seeing the Online Streaming Act become law is a long-awaited political victory for the Liberals.
Complicating the back and forth between those who think Bill C-11's critics were doing the bidding of big tech, and those who fear the legislation's free speech implications, is that a lot is being left to the Canadian Radio-television and Telecommunications Commission (CRTC) as the regulatory body to determine how the new rules will be enforced.
Now that Bill C-11 has passed, that regulatory work can begin.
The next step will be for the CRTC to get to work on drafting the policy framework for how the broadcasting and communications regulator will implement the new powers Bill C-11 grants, informed by a federal policy directive as well as public consultations.
The draft federal policy direction will be published in the Canada Gazette, for the public, artists, digital creators, and businesses to read and provide feedback on. The draft will then be updated and re-published, taking into consideration what the government hears. The CRTC will also give notice about its consultation plans, regarding how it intends to enforce Bill C-11. This will include multiple public proceedings.
It is expected that the consultations will be where stakeholders with outstanding concerns about the bill turn next. Marking Bill C-11's passage, internet advocacy organization OpenMedia accused the Senate of backing down and letting a version of the bill become law that is "largely unchanged" from the initial version tabled in Parliament in February 2022.
"Make no mistake: the fight isn’t over yet. While legal protection of our content was the best option, Heritage Minister Rodriguez can still issue a clear policy direction to the CRTC that tells them our user content should not be regulated in practice, and our choices must be respected. That's where the fight will go next," said OpenMedia campaigns director Matt Hatfield.
In an email to Â鶹´«Ã½, TikTok spokesperson Danielle Morgan said that they plan to keep fighting for the interests of Canadian digital-first creators to be able to "create content for global audiences without being subject to gatekeepers or encumbered by regulatory red tape."
Remarking on the passage of Bill C-11, pro-Canadian broadcasting organization FRIENDS called it "one of the most epic Canadian stories ever told."
"While we wholeheartedly applaud the House and the Senate for the leading roles they have played in this suspense-filled drama, there is still work to be done before the credits roll on Bill C-11," said FRIENDS executive director Marla Boltman in a statement, indicating plans to push the CRTC to make sure the standards are equal for Canadian broadcasters and streaming giants' Canadian content requirements, or decades of "carefully crafted cultural policy" meant to protect Canadian talent could be undermined.
Also flagging concerns about the legislation as drafted leading to a two-tier system, the Canadian Media Producers Association said that it still welcomes the bill and expressed gratitude for Rodriguez' "heroic efforts" in securing its passage.
"We are on the precipice of a pivotal moment in Canadian broadcasting history. It took 30 years before the Broadcasting Act was updated. Since we don’t know when this opportunity will present itself again, it’s important that we get it right,†said the CMPA’s president and CEO Reynolds Mastin in a statement.
It remains to be seen what the timeline will be for Bill C-11's policy changes to come into effect.
IN DEPTH
Jagmeet Singh pulls NDP out of deal with Trudeau Liberals, takes aim at Poilievre Conservatives
NDP Leader Jagmeet Singh has pulled his party out of the supply-and-confidence agreement that had been helping keep Prime Minister Justin Trudeau's minority Liberals in power.
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
What Justin Trudeau told Stephen Colbert in the PM's late-night TV debut
Prime Minister Justin Trudeau said many Canadians are taking their cost-of-living frustrations 'out on me for understandable reasons,' during his U.S. late-night television debut on 'The Late Show' with Stephen Colbert Monday night.
Israel and Hezbollah renew fire after the deadliest day in Lebanon since 2006
Israel and Hezbollah traded fire again on Tuesday -- including a new Israeli airstrike on Beirut -- as the death toll from a massive Israeli bombardment climbed to nearly 560 people and thousands fled from southern Lebanon with the two sides on the brink of all-out war.
Is COVID XEC worse than other variants? Expert shares what's known about the virus in Canada
While many Canadians no longer stress as much about COVID-19 as they did during its peak, health experts say a new variant has been spreading in some parts of the world and is now present in Canada.
Several detained in Switzerland in connection with suspected death in a 'suicide capsule'
Police in northern Switzerland said Tuesday that several people have been detained and a criminal case opened in connection with the suspected death of a person in a new 'suicide capsule.'
The calls are growing louder for city council to tighten the rules governing short-term accommodations, including those advertised on websites like Airbnb and Vrbo, after students arrived by the busload at a rented house in the Masonville neighbourhood.
Miley Cyrus and Dolly Parton are apparently distant relatives
Genealogy and family tree tracking site Ancestry announced on Monday that by using “billions of historical records and public family trees,†they’ve discovered that the two music powerhouses are actually seventh cousins, once removed.
B.C.’s Civil Resolution Tribunal has ordered WestJet to refund a family in full for their diverted flight and compensate them for associated costs.
Coca-Cola is pulling its newest 'permanent' flavour from store shelves
Coca-Cola is discontinuing the production of its new Spiced flavour just six months after the soda hit shelves, marking the end of a disappointing attempt to attract younger drinkers.
A man accused of driving his truck into a march for B.C. residential school survivors two years ago has been found guilty of dangerous driving.
Local Spotlight
Giant gourds took over a Manitoba community this weekend.
Fire has destroyed a barn and 17,000 plants at a family-owned business in Lower Coverdale, N.B.
Before influencers on social media, Canada’s Jeanne Beker was bringing the world of high fashion down to earth and as Calgary’s Glenbow Museum gets a major make-over, it will include a new exhibition showcasing the pop culture icon.
A sea lion swam free after a rescue team disentangled it near Vancouver Island earlier this week.
A Nova Scotian YouTuber has launched a mini-truck bookmobile.
Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.
Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.
An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.
They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.