The Online Streaming Act in the Senate
Last updated: April 28, 2023
The Senate has adopted Government Bill C-11, the Online Streaming Act, which changes Canada’s broadcasting policy and gives new powers to the country’s broadcasting regulator, among many other things. It received Royal Assent on April 27, 2023.
Broadcasting policy is set out in section 3 of the Broadcasting Act, which received Royal Assent in 1991 — while the internet as we know it today was in its infancy. Among the more significant changes set out in Bill C-11 is the expansion of the current policy to include the digital realm.
Canada’s broadcasting policy is regulated by the Canadian Radio-television and Telecommunications Commission (CRTC), an administrative tribunal that operates at arm’s length from the federal government. Bill C-11 would give the CRTC new powers, including the ability to impose financial penalties against people and businesses that violate certain provisions of the Broadcasting Act or its regulations.
This page provides an overview of some of the factors that make this bill complex, as well as links to Senate debates and committee meetings about the bill.
Progress through Parliament
KEY DATES
A similar version of the bill was introduced in the House of Commons on November 3, 2020. It died on the Order Paper when Parliament was dissolved on August 15, 2021.
Bill C-11 was introduced in the House of Commons on February 2, 2022 and was adopted at third reading there on June 21, 2022.
Meanwhile, the Senate Committee on Transport and Communications was authorized to pre-study the bill on May 31, 2022.
The bill was introduced in the Senate at first reading on June 21, 2022. It was adopted at third reading and given Royal Assent on April 27, 2023.
WHY THIS BILL IS SO COMPLEX
So how exactly will this bill affect broadcasting in Canada?
It is difficult to say with precision.
For example, the bill sets out a revised broadcasting policy for Canada, which includes an expanded list of things the Canadian broadcasting system “should” do. One of the new additions to the list is that the Canadian broadcasting system “should … serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socioeconomic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages.”
But precisely what this would mean in concrete terms for broadcasters is not yet known.
Another complicating factor is that the bill would give the CRTC new powers — but exactly how or even if the CRTC would make use of them cannot be determined through an analysis of the bill alone.
For example, the bill says the CRTC “may” make various orders setting out, e.g., “the proportion of Canadian programs to be broadcast that shall be original French-language programs” and “the showcasing and the discoverability of Canadian programs and programming services.”
Thus, aspects of this bill may have a sweeping effect on broadcasting in Canada — or modest effect, depending on future CRTC decisions.
WHY THE SENATE’S WORK MATTERS
Given the complexity of this bill, the Senate’s consideration of it is particularly important.
Senators have a broad range of expertise that directly pertains to Bill C-11; their contributions to the debate will help Canadians understand what’s at stake.
Senators can also propose amendments to the bill if they believe it can be improved.
Committee study is another way the Senate contributes to public’s understanding of this bill.
In its pre-study of the bill, the Senate Committee on Transport and Communications is meeting with a number of witnesses with expertise on aspects of the bill, including a former CRTC chair, current CRTC executives, lawyers and academics.
Committee members bring their expertise as well; membership includes former journalists, businesspeople and lawyers.
Follow the links below for transcripts of Senate debates and committee meetings to see how senators investigate a complex issue and represent Canadians in Parliament.
In the Senate Chamber
First and Second Reading
The bill was introduced in the Senate at first reading on June 21, 2022 and adopted at second reading on October 25, 2022.
Third Reading
Debate at third reading began on January 31, 2023. The bill was adopted at third reading on February 2, 2023 and a message was sent to the House of Commons to inform members that the Senate has passed the bill with amendments, to which it desires their concurrence.
On March 30, 2023, the House adopted a motion to send a message to the Senate that the House agrees with some but not all of the Senate’s amendments. On April 27, 2023, the Senate voted to not insist on its amendments; the bill received Royal Assent later that day.
Debates
In committee
TRCM - Transport and Communications
The Senate Committee on Transport and Communications was authorized to pre-study the bill on May 31, 2022. The bill was adopted at second reading and referred to the transport and communications committee on October 25, 2022. The committee reported the bill with amendments and observations on December 14, 2022. The report was adopted by the Senate on December 14. See the committee’s full meeting schedule.