I’ve heard this bill is very bad news for independent Canadian artists, and unfortunately it has been passed. I don’t know a lot about this just heard about it recently, don’t know what can be done to overturn this nonsense?
Censoring the internet. Apparently there’s too many people with independent thoughts they like to share.
This is more than just censorship, apparently the government is even claiming rights on the songs of independent musicians and now they are taking the profit revenue from the artists’ work instead of the artists.
First Session, Forty-fourth Parliament,
70 Elizabeth II, 2021-2022
HOUSE OF COMMONS OF CANADA
BILL C-11
An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
FIRST READING, February 2, 2022
MINISTER OF CANADIAN HERITAGE
91024
SUMMARY
This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) 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 ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of English and French linguistic minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by English and French linguistic minority communities in Canada, as well as Canadian programs in Indigenous languages,
(v) facilitates the provision of programs that are accessible without barriers to persons with disabilities, and
(vi) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca
1st Session, 44th Parliament,
70 Elizabeth II, 2021-2022
HOUSE OF COMMONS OF CANADA
BILL C-11
An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Online Streaming Act.
1991, c. 11
Broadcasting Act
2 (1) The definitions broadcasting, broadcasting undertaking, distribution undertaking, network and programming undertaking in subsection 2(1) of the Broadcasting Act are respectively replaced by the following:
broadcasting means any transmission of programs — Insertion start regardless of Insertion end whether Insertion start the transmission is scheduled or on demand Insertion end or Insertion start whether the Insertion end programs Insertion start are Insertion end encrypted or not — by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus, but does not include any such transmission of programs that is made solely for performance or display in a public place; (radiodiffusion)
broadcasting undertaking includes a distribution undertaking, Insertion start an online undertaking Insertion end , a programming undertaking and a network; (entreprise de radiodiffusion)
distribution undertaking means an undertaking for the reception of broadcasting and its retransmission by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking, Insertion start but does not include such an undertaking that is an online undertaking Insertion end ; (entreprise de distribution)
network includes any operation where control over all or any part of the programs or program schedules of one or more broadcasting undertakings is delegated to another undertaking or person, Insertion start but does not include such an operation that is an online undertaking Insertion end ; (réseau)
programming undertaking means an undertaking for the transmission of programs, either directly by radio waves or other means of telecommunication or indirectly through a distribution undertaking, for reception by the public by means of broadcasting receiving apparatus, Insertion start but does not include such an undertaking that is an online undertaking Insertion end ; (entreprise de programmation)
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Start of inserted block
affiliate, in relation to any person, means any other person who controls that first person, or who is controlled by that first person or by a third person who also controls the first person; (affilié)
barrier has the same meaning as in section 2 of the Accessible Canada Act; (obstacle)
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 and participate in the day-to-day operations of a broadcasting undertaking; (élément communautaire)
control, in the definition affiliate, in paragraph 9.1(1)(m) and in subparagraph 9.1(1)(n)(i), includes control in fact, whether or not through one or more persons; (contrôle)
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones)
online undertaking means an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus; (entreprise en ligne)
programming control means control over the selection of programs for transmission, but does not include control over the selection of a programming service for retransmission; (contrôle de la programmation)
End of inserted block
(3) Subsection 2(3) of the Act is replaced by the following:
Exclusion — carrying on broadcasting undertaking
Start of inserted block
(2.1) 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.
End of inserted block
Exclusion — social media service and programming control
Start of inserted block
(2.2) An online undertaking that provides a social media service does not, for the purposes of this Act, exercise programming control over programs uploaded by a user of the service who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them.
End of inserted block
Exclusion — certain transmissions over the Internet
Start of inserted block
(2.3) A person does not carry on an online undertaking for the purposes of this Act in respect of a transmission of programs over the Internet
(a) that is ancillary to a business not primarily engaged in the transmission of programs to the public and that is intended to provide clients with information or services directly related to that business;
(b) that is part of the operations of a primary or secondary school, a college, university or other institution of higher learning, a public library or a museum; or
(c) that is part of the operations of a theatre, concert hall or other venue for the presentation of live performing arts.
End of inserted block
Interpretation
(3) This Act shall be construed and applied in a manner that is consistent with
Insertion start (a) Insertion end the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings; Insertion start and Insertion end
Start of inserted block
(b) the commitment of the Government of Canada to enhance the vitality of English and French linguistic minority communities in Canada and to support and assist their development, as well as to foster the full recognition and use of both English and French in Canadian society.
End of inserted block
3 (1) Paragraph 3(1)(a) of the Act is replaced by the following:
(a) the Canadian broadcasting system shall, Insertion start with the exception of foreign broadcasting undertakings providing programming to Canadians Insertion end , be effectively owned and controlled by Canadians;
Start of inserted block
(a.1) each broadcasting undertaking shall contribute to the implementation of the objectives of the broadcasting policy set out in this subsection in a manner that is appropriate in consideration of the nature of the services provided by the undertaking;
End of inserted block
(2) Paragraph 3(1)(c) of the Act is replaced by the following:
(c) while sharing common aspects, English and French language broadcasting operate under different conditions — Insertion start in particular, the minority context of French in North America Insertion end — and may have different requirements;
(3) Subparagraph 3(1)(d)(iii) of the Act is replaced by the following:
(iii) through its programming and the employment opportunities arising out of its operations, serve the needs and interests of Insertion start 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 ages Insertion end — 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,
Start of inserted block
(iii.1) provide opportunities to Indigenous persons to produce programming in Indigenous languages, English or French, or in any combination of them, and to carry on broadcasting undertakings,
(iii.2) support the production and broadcasting of original programs in French,
(iii.3) enhance the vitality of English and French linguistic minority communities in Canada and support and assist their development by taking into account their specific needs and interests, including through supporting the production and broadcasting of original programs by and for those communities,
(iii.4) support community broadcasting that reflects both the diversity of the communities being served and the high engagement and involvement in community broadcasting by members of those communities, including with respect to the languages in use within those communities and to the ethnocultural and Indigenous composition of the communities,
(iii.5) ensure that Canadian independent broadcasting undertakings continue to be able to play a vital role within that system,
End of inserted block
(4) Paragraphs 3(1)(f) to (h) of the Act are replaced by the following:
(f) each Insertion start Canadian Insertion end broadcasting undertaking shall Insertion start employ and Insertion end make maximum use, and in no case less than predominant use, of Canadian creative and other Insertion start human Insertion end resources in the creation, Insertion start production Insertion end and presentation of programming, unless the nature of the service provided by the undertaking, such as specialized content or format or the use of languages other than French and English, renders that use impracticable, in which case the undertaking shall make the greatest practicable use of those resources;
Start of inserted block
(f.1) each foreign online undertaking shall make the greatest practicable use of Canadian creative and other human resources, and shall contribute in an equitable manner to strongly support the creation, production and presentation of Canadian programming, taking into account the linguistic duality of the market they serve;
End of inserted block
(g) the programming Insertion start over which a person who carries on a Insertion end broadcasting Insertion start undertaking has programming control Insertion end should be of high standard;
(h) all persons who carry on broadcasting undertakings have a responsibility for the programs that they broadcast Insertion start and over which they have programming control Insertion end ;
(5) Subparagraphs 3(1)(i)(i) and (ii) of the Act are replaced by the following:
(i) be varied and comprehensive, providing a balance of information, enlightenment and entertainment for Insertion start people Insertion end of all ages, interests and tastes,
Start of inserted block
(i.1) reflect and support Canada’s linguistic duality by placing significant importance on the creation, production and broadcasting of French language original programs, including those from French linguistic minority communities,
(ii) be drawn from local, regional, national and international sources, including, at the local level, from community broadcasters who, through collaboration with local organizations and community members, are in the unique position of being able to provide varied programming to meet the needs of specific audiences,
(ii.1) include programs produced by Canadians that cover news and current events — from the local and regional to the national and international — and that reflect the viewpoints of Canadians, including the viewpoints of Indigenous persons and of Canadians from racialized communities and diverse ethnocultural backgrounds,
End of inserted block
(6) Paragraphs 3(1)(k) and (l) of the Act are replaced by the following:
(k) a range of broadcasting services in English and in French shall be extended to all Canadians;
(l) the Canadian Broadcasting Corporation, as the national public broadcaster, should provide Insertion start broadcasting Insertion end services incorporating a wide range of programming that informs, enlightens and entertains;
(7) Paragraphs 3(1)(o) to (s) of the Act are replaced by the following:
(o) programming that reflects the Insertion start Indigenous Insertion end cultures of Canada Insertion start and programming that is in Indigenous languages Insertion end should be provided — Insertion start including through broadcasting undertakings that are carried on by Indigenous persons Insertion end — within Insertion start community elements and other elements of Insertion end the Canadian broadcasting system;
(p) programming Insertion start that is Insertion end accessible Insertion start without barriers to Insertion end persons Insertion start with disabilities Insertion end should be provided within the Canadian broadcasting system;
Start of inserted block
(q) online undertakings that provide the programming services of other broadcasting undertakings should
(i) ensure the discoverability of Canadian programming services and original Canadian programs, including original French language programs, in an equitable proportion, and
(ii) when programming services are supplied to them by other broadcasting undertakings under contractual arrangements, provide reasonable terms for the carriage, packaging and retailing of those programming services;
(r) online undertakings shall clearly promote and recommend Canadian programming, in both official languages as well as in Indigenous languages, and ensure that any means of control of the programming generates results allowing its discovery; and
End of inserted block
4 The Act is amended by adding the following after section 4:
Haven’t read all this just posting this here so if they make any changes down the road and don’t want anyone to notice hopefully will be able to spot those by referencing this copy of the first part of the bill at least (this is about 50,000 characters so far):
Non-application — programs on social media service
Start of inserted block
4.1 (1) This Act does not apply in respect of a program that is uploaded to an online undertaking that provides a social media service by a user of the service for transmission over the Internet and reception by other users of the service.
End of inserted block
Application — certain programs
Start of inserted block
(2) Despite subsection (1), this Act applies in respect of a program that is uploaded as described in that subsection if the program
(a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them; or
(b) is prescribed by regulations made under section 4.2.
End of inserted block
Non-application — social media service
Start of inserted block
(3) This Act does not apply in respect of online undertakings whose broadcasting consists only of programs in respect of which this Act does not apply under this section.
End of inserted block
For greater certainty
Start of inserted block
(4) For greater certainty, this section does not exclude the application of this Act in respect of a program that, except for the fact that it is not uploaded as described in subsection (1), is the same as a program in respect of which this Act does not apply under this section.
End of inserted block
Regulations — programs to which this Act applies
Start of inserted block
4.2 (1) For the purposes of paragraph 4.1(2)(b), the Commission may make regulations prescribing programs in respect of which this Act applies.
End of inserted block
Matters
Start of inserted block
(2) In making regulations under subsection (1), the Commission shall consider the following matters:
(a) the extent to which a program, uploaded to an online undertaking that provides a social media service, directly or indirectly generates revenues;
(b) the fact that such a program has been broadcast, in whole or in part, 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; and
(c) the fact that such a program has been assigned a unique identifier under an international standards system.
End of inserted block
Exclusion
Start of inserted block
(3) The regulations shall not prescribe a program
(a) in respect of which neither the user of a social media service who uploads the program nor the owner or licensee of copyright in the program receives revenues; or
(b) that consists only of visual images.
End of inserted block
5 (1) Paragraph 5(2)(a) of the Act is replaced by the following:
(a) Insertion start takes into account Insertion end the different characteristics of English, French and Insertion start Indigenous Insertion end language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Insertion start Indigenous Insertion end language programming operate — Insertion start including the minority context of French in North America — and the specific needs and interests of English and French linguistic minority communities in Canada and of Indigenous peoples Insertion end ;
Start of inserted block
(a.1) takes into account the nature and diversity of the services provided by broadcasting undertakings, as well as their size, their impact on the Canadian creation and production industry, their contribution to the implementation of the broadcasting policy set out in subsection 3(1) and any other characteristic that may be relevant in the circumstances;
(a.2) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner;
End of inserted block
(2) Paragraph 5(2)(e) of the Act is replaced by the following:
Start of inserted block
(e) facilitates the provision to Canadians of Canadian programs created and produced in both official languages, including those created and produced by English and French linguistic minority communities in Canada, as well as in Indigenous languages;
(e.1) facilitates the provision of programs that are accessible without barriers to persons with disabilities;
End of inserted block
(3) Subsection 5(2) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
Start of inserted block
(h) takes into account the variety of broadcasting undertakings to which this Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).
End of inserted block
6 The Act is amended by adding the following after section 5:
English and French linguistic minority communities
Start of inserted block
5.1 In regulating and supervising the Canadian broadcasting system and exercising its powers under this Act, the Commission shall enhance the vitality of English and French linguistic minority communities in Canada and support and assist their development.
End of inserted block
Consultation
Start of inserted block
5.2 (1) The Commission shall consult with English and French linguistic minority communities in Canada when making decisions that could adversely affect them.
End of inserted block
Objectives of consultations
Start of inserted block
(2) When engaging in consultations required by subsection (1), the Commission shall
(a) gather information to test its policies, decisions and initiatives;
(b) propose policies, decisions and initiatives that have not been finalized;
(c) seek the communities’ opinions with regard to the policies, decisions or initiatives that are the subject of the consultations;
(d) provide them with all relevant information on which those policies, decisions or initiatives are based;
(e) openly and meaningfully consider those opinions;
(f) be prepared to alter those policies, decisions or initiatives; and
(g) provide the communities with feedback, both during the consultation process and after a decision has been made.
End of inserted block
7 Section 7 of the Act is amended by adding the following after subsection (6):
For greater certainty
Start of inserted block
(7) For greater certainty, an order may be made under subsection (1) with respect to orders made under subsection 9.1(1) or 11.1(2) or regulations made under subsection 10(1) or 11.1(1).
End of inserted block
8 (1) Subsections 8(2) and (3) of the Act are replaced by the following:
Representations
Start of inserted block
(2) The Minister shall
(a) specify in the notice the period — of at least 30 days from the day on which the notice was published under paragraph (1)(a) — during which interested persons may make representations; and
(b) publish, in any manner that the Minister considers appropriate, a report summarizing the representations that are made during that period.
End of inserted block
Implementation of proposal
(3) The Governor in Council may, after the Insertion start period referred to in paragraph (2)(a) has ended and the Insertion end proposed order Insertion start has been Insertion end laid before Insertion start each House Insertion end of Parliament, implement the proposal by making an order under section 7, either in the form proposed or revised in Insertion start the Insertion end manner Insertion start that Insertion end the Governor in Council Insertion start considers appropriate Insertion end .
(2) Subsection 8(5) of the Act is repealed.
9 (1) Paragraphs 9(1)(a) to (h) of the Act are replaced by the following:
(a) establish classes of licences Insertion start other than for online undertakings Insertion end ;
Start of inserted block
(b) issue a licence, the term of which may be indefinite or fixed by the Commission;
End of inserted block
(c) amend a licence Insertion start as to its term Insertion end , on the application of the licensee;
Start of inserted block
(d) amend a licence other than as to its term, on the application of the licensee or on the Commission’s own motion;
(e) renew a licence, the term of which may be indefinite or fixed by the Commission; and
End of inserted block
(f) suspend or revoke Insertion start a Insertion end licence.
1994, c. 26, s. 10(F)
(2) Subsections 9(2) to (4) of the Act are replaced by the following:
Exemptions
(4) The Commission shall, by order, on the terms and conditions Insertion start that Insertion end it Insertion start considers Insertion end appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all of the requirements of this Part, Insertion start of an order made under section 9.1 Insertion end or of a regulation made under this Part if the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).
Repeal or amendment
Start of inserted block
(5) The Commission shall repeal or amend an exemption order made under subsection (4) if the Commission considers that doing so will contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).
End of inserted block
10 The Act is amended by adding the following after section 9:
Conditions
Start of inserted block
9.1 (1) The Commission may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting
(a) the proportion of programs to be broadcast that shall be Canadian programs and the proportion of time that shall be devoted to the broadcasting of Canadian programs;
(b) the proportion of Canadian programs to be broadcast that shall be original French language programs, including first-run programs;
(c) the proportion of programs to be broadcast that shall be original French language programs;
(d) the proportion of programs to be broadcast that shall be devoted to specific genres, in order to ensure the diversity of programming;
(e) the presentation of programs and programming services for selection by the public, including the showcasing and the discoverability of Canadian programs and programming services, such as French language original programs;
(f) a requirement for a person carrying on a broadcasting undertaking, other than an online undertaking, to obtain the approval of the Commission before entering into any contract with a telecommunications common carrier, as defined in the Telecommunications Act, for the distribution of programming directly to the public;
(g) a requirement for a person carrying on a distribution undertaking to give priority to the carriage of broadcasting;
(h) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services, specified by the Commission, that are provided by a broadcasting undertaking;
(i) a requirement, without terms or conditions, for a person carrying on an online undertaking to carry programming services, specified by the Commission, that are provided by a broadcasting undertaking;
(j) terms and conditions of service in contracts between distribution undertakings and their subscribers;
(k) access by persons with disabilities to programming, including the identification, prevention and removal of barriers to such access;
(l) the carriage of emergency messages;
(m) any change in the ownership or control of a broadcasting undertaking that is required to be carried on under a licence;
(n) the provision to the Commission, by licensees or persons exempt from the requirement to hold a licence under an order made under subsection 9(4), of information related to
(i) the ownership, governance and control of those licensees or exempt persons, and
(ii) the affiliation of those licensees or exempt persons with any affiliates carrying on broadcasting undertakings;
(o) the provision to the Commission, by persons carrying on broadcasting undertakings, of any other information that the Commission considers necessary for the administration of this Act, including
(i) financial or commercial information,
(ii) information related to programming,
(iii) information related to expenditures made under section 11.1, and
(iv) information related to audience measurement, other than information that could identify any individual audience member; and
(p) continued ownership and control by Canadians of Canadian broadcasting undertakings.
End of inserted block
Application
Start of inserted block
(2) An order made under this section may be made applicable to all persons carrying on broadcasting undertakings, to all persons carrying on broadcasting undertakings of any class established by the Commission in the order or to a particular person carrying on a broadcasting undertaking.
End of inserted block
Non-application
Start of inserted block
(3) The Statutory Instruments Act does not apply to orders made under this section.
End of inserted block
Publication and representations
Start of inserted block
(4) A copy of each order that the Commission proposes to make under this section shall be published on the Commission’s website and a reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the proposed order.
End of inserted block
Publication
Start of inserted block
(5) The Commission shall publish each order that is made under this section on its website.
End of inserted block
Programming control
Start of inserted block
(6) Orders made under any of paragraphs (1)(a) to (d) apply only in respect of programs over which a person who carries on a broadcasting undertaking has programming control.
End of inserted block
Canadian original French language programs
Start of inserted block
(7) In making an order under paragraph (1)(c), the Commission shall ensure that Canadian original French language programs represent a significant proportion of the original French language programs to be broadcast.
End of inserted block
Restriction — computer algorithm or source code
Start of inserted block
(8) The Commission shall not make an order under paragraph (1)(e) that would require the use of a specific computer algorithm or source code.
End of inserted block
Good faith negotiation
Start of inserted block
(9) The person carrying on an online undertaking to whom an order made under paragraph (1)(i) applies and the person carrying on the broadcasting undertaking whose programming services are specified in the order shall negotiate the terms for the carriage of the programming services in good faith.
End of inserted block
Facilitation
Start of inserted block
(10) The Commission may facilitate those negotiations at the request of either party to the negotiations.
End of inserted block
11 (1) The portion of subsection 10(1) of the French version of the Act before paragraph (a) is replaced by the following:
Règlements
10 (1) Dans l’exécution de sa mission, le Conseil peut Insertion start prendre des règlements Insertion end :
(2) Paragraph 10(1)(a) of the Act is repealed.
(3) Paragraph 10(1)(b) of the French version of the Act is replaced by the following:
b) Insertion start définissant Insertion end « émission canadienne » pour l’application de la présente loi;
(4) Paragraph 10(1)(c) of the Act is replaced by the following:
(c) respecting standards Insertion start for Insertion end programs Insertion start over which a person carrying on a broadcasting undertaking has programming control Insertion end and the allocation of broadcasting time, for the purpose of giving effect to the broadcasting policy set out in subsection 3(1);
(5) Paragraph 10(1)(d) of the French version of the Act is replaced by the following:
d) Insertion start concernant Insertion end la nature de la publicité et le temps Insertion start d’antenne Insertion end qui peut y être consacré;
(6) Paragraph 10(1)(e) of the Act is replaced by the following:
(e) respecting, Insertion start in relation to a broadcasting undertaking other than an online undertaking Insertion end , the proportion of time that may be devoted to the broadcasting of programs, including advertisements or announcements, of a partisan political character and the assignment of that time on an equitable basis to political parties and candidates;
(7) Paragraphs 10(1)(f) to (h) of the French version of the Act are replaced by the following:
f) Insertion start prescrivant Insertion end les conditions d’exploitation des entreprises de programmation faisant partie d’un réseau ainsi que les conditions de radiodiffusion des émissions de réseau et Insertion start concernant Insertion end le temps d’antenne à réserver à celles-ci par ces entreprises;
g) Insertion start concernant Insertion end la fourniture de services de programmation — même étrangers — par les entreprises de distribution;
h) Insertion start pourvoyant Insertion end au règlement — notamment par la médiation — de différends concernant la fourniture de programmation et survenant entre les entreprises de programmation qui la transmettent et les entreprises de distribution;
(8) Paragraphs 10(1)(i) and (j) of the Act are replaced by the following:
Start of inserted block
(h.1) respecting unjust discrimination by a person carrying on a broadcasting undertaking and undue or unreasonable preference given, or undue or unreasonable disadvantage imposed, by such a person;
(i) respecting the registration of broadcasting undertakings with the Commission;
End of inserted block
(j) respecting the audit or examination of records and books of account of Insertion start persons carrying on broadcasting undertakings Insertion end by the Commission or persons acting on behalf of the Commission; and
(9) Paragraph 10(1)(k) of the French version of the Act is replaced by the following:
k) Insertion start concernant Insertion end toute autre mesure qu’il estime nécessaire à l’exécution de sa mission.
(10) Subsections 10(2) and (3) of the Act are replaced by the following:
Regulations — Canadian programs
Start of inserted block
(1.1) In making regulations under paragraph (1)(b), the Commission shall consider the following matters:
(a) whether Canadians own copyright in relation to a program, control the exploitation of a program and retain a material and equitable portion of its value;
(b) whether key creative positions in the production of a program are primarily held by Canadians;
(c) whether a program furthers Canadian artistic and cultural expression;
(d) whether persons carrying on online undertakings or programming undertakings collaborate with independent Canadian producers, with persons carrying on Canadian broadcasting undertakings producing their own programs or with producers associated with Canadian broadcasting undertakings; and
(e) any other matter that may be prescribed by regulation.
End of inserted block
Regulations
Start of inserted block
(1.2) The Governor in Council may make regulations prescribing matters that the Commission is required to consider under paragraph (1.1)(e).
End of inserted block
Application
(2) A regulation made under Insertion start subsection (1) Insertion end may be made applicable to all persons Insertion start carrying on broadcasting undertakings Insertion end or to all persons Insertion start carrying on broadcasting undertakings Insertion end of Insertion start any class established by the Commission in the regulation Insertion end .
Publication and representations
(3) A copy of each regulation that the Commission proposes to make under Insertion start subsection (1) Insertion end shall be published in the Canada Gazette and a reasonable opportunity shall be given to persons Insertion start carrying on broadcasting undertakings Insertion end and other interested persons to make representations to the Commission with respect to Insertion start the regulation Insertion end .
12 The Act is amended by adding the following after section 10:
For greater certainty
Start of inserted block
10.1 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.
End of inserted block
13 (1) The portion of subsection 11(1) of the French version of the Act before paragraph (a) is replaced by the following:
Règlements : droits
11 (1) Le Conseil peut Insertion start prendre des règlements Insertion end :
(2) Paragraphs 11(1)(a) to (d) of the Act are replaced by the following:
(a) with the approval of the Treasury Board, establishing schedules of fees to be paid by Insertion start persons carrying on broadcasting undertakings Insertion end of any class;
(b) providing for the establishment of classes of Insertion start broadcasting undertakings Insertion end for the purposes of paragraph (a);
(c) providing for the payment of any fees payable by a Insertion start person carrying on a broadcasting undertaking Insertion end , including the time and manner of payment;
(d) respecting the interest payable by Insertion start such Insertion end a Insertion start person Insertion end in respect of any overdue fee; and
(3) Paragraph 11(1)(e) of the French version of the Act is replaced by the following:
e) Insertion start concernant Insertion end toute autre mesure d’application du présent article qu’il estime nécessaire.
(4) The portion of subsection 11(2) of the English version of the Act before paragraph (a) is replaced by the following:
Criteria
(2) Regulations made under paragraph (1)(a) may provide for fees to be calculated by reference to any criteria that the Commission Insertion start considers Insertion end appropriate, including by reference to
(5) Paragraph 11(2)(a) of the Act is replaced by the following:
(a) the revenues of the Insertion start persons carrying on broadcasting undertakings Insertion end ;
(6) Paragraph 11(2)(b) of the English version of the Act is replaced by the following:
(b) the performance of the Insertion start persons carrying on broadcasting undertakings Insertion end in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and
(7) Paragraph 11(2)(c) of the Act is replaced by the following:
(c) the market served by the Insertion start persons carrying on broadcasting undertakings Insertion end .
(8) Subsection 11(3) of the Act is replaced by the following:
Exceptions
(3) No regulations made under subsection (1) shall apply to the Corporation or to Insertion start persons Insertion end carrying on programming undertakings on behalf of Her Majesty in right of a province.
Restriction — non-licensees
Start of inserted block
(3.1) The only fees that may be established with respect to a broadcasting undertaking that may be carried on without a licence shall be fees that relate to the recovery of the costs of the Commission’s activities under this Act.
End of inserted block
(9) Subsection 11(4) of the English version of the Act is replaced by the following:
Debt due to Her Majesty
(4) Fees payable under this section and any interest Insertion start in respect of them Insertion end constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
(10) Subsection 11(5) of the Act is replaced by the following:
Publication and representations
(5) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a reasonable opportunity shall be given to Insertion start persons carrying on broadcasting undertakings Insertion end and other interested persons to make representations to the Commission with respect Insertion start to the regulation Insertion end .
14 The Act is amended by adding the following after section 11:
Regulations — expenditures
Start of inserted block
11.1 (1) The Commission may make regulations respecting expenditures to be made by persons carrying on broadcasting undertakings for the purposes of
(a) developing, financing, producing or promoting Canadian audio or audio-visual programs, including independent productions, for broadcasting by broadcasting undertakings;
(b) supporting, promoting or training Canadian creators of audio or audio-visual programs for broadcasting by broadcasting undertakings; or
(c) supporting participation by persons, groups of persons or organizations representing the public interest in proceedings before the Commission under this Act.
End of inserted block
Order — particular broadcasting undertaking
Start of inserted block
(2) The Commission may make an order respecting expenditures to be made by a particular person carrying on a broadcasting undertaking for any of the purposes set out in paragraphs (1)(a) to (c).
End of inserted block
Minimum expenditures — original French language programs
Start of inserted block
(3) Regulations and orders made under this section for the purposes set out in paragraph (1)(a) shall prescribe the minimum share of expenditures that are to be allocated to Canadian original French language programs in the case of broadcasting undertakings that offer programs in both official languages.
End of inserted block
Application of regulations
Start of inserted block
(4) A regulation made under this section may be made applicable to all persons carrying on broadcasting undertakings or to all persons carrying on broadcasting undertakings of any class established by the Commission in the regulation.
End of inserted block
Recipients
Start of inserted block
(5) Regulations and orders made under this section may provide that an expenditure is to be paid to any person or organization, other than the Commission, or into any fund, other than a fund administered by the Commission.
End of inserted block
Criteria
Start of inserted block
(6) Regulations and orders made under this section may provide for expenditures to be calculated by reference to any criteria that the Commission considers appropriate, including by reference to
(a) the revenues of the persons carrying on broadcasting undertakings;
(b) the performance of the persons carrying on broadcasting undertakings in relation to objectives established by the Commission, including objectives for the broadcasting of Canadian programs; and
(c) the market served by the persons carrying on broadcasting undertakings.
End of inserted block
Publication and representations
Start of inserted block
(7) A copy of each regulation that the Commission proposes to make under this section shall be published in the Canada Gazette and a copy of each proposed order shall be published on the Commission’s website. A reasonable opportunity shall be given to persons carrying on broadcasting undertakings and other interested persons to make representations to the Commission with respect to the regulation or order.
End of inserted block
Non-application
Start of inserted block
(8) The Statutory Instruments Act does not apply to orders made under subsection (2).
End of inserted block
2014, c. 39, s. 191(1); 2019, c. 10, s. 161(1)
15 Subsection 12(1) of the Act is replaced by the following:
Inquiries
12 (1) The Commission may inquire into, hear and determine Insertion start a Insertion end matter Insertion start if Insertion end it appears to the Commission that
(a) any person is Insertion start contravening Insertion end or has Insertion start contravened Insertion end this Part or any regulation, licence, decision or order made or issued by the Commission under this Part;
(b) any person is Insertion start contravening Insertion end or Insertion start has Insertion end contravened section 34.1;
Insertion start (c) Insertion end any person is Insertion start contravening Insertion end or has Insertion start contravened Insertion end sections 42 to 44 of the Accessible Canada Act; or
Insertion start (d) Insertion end the circumstances may require the Commission to make any decision or order or to give any approval that it is authorized to make or give under this Part or under any regulation or order made under this Part.
16 Paragraph 18(1)(c) of the Act is replaced by the following:
(c) the establishing of any performance objectives for the purposes of Insertion start paragraphs Insertion end 11(2)(b) Insertion start and 11.1(6)(b) Insertion end ; and
17 Subsection 20(4) of the Act is replaced by the following:
Consultation
(4) The members of a panel established under subsection (1) shall consult with the Commission, and may consult with any officer of the Commission, for the purpose of ensuring a consistency of interpretation of the broadcasting policy set out in subsection 3(1), the regulatory policy set out in subsection 5(2), Insertion start the orders made under section 9.1 Insertion end , the regulations made under sections 10 and 11 and Insertion start the regulations and orders made under section 11.1 Insertion end .
18 Section 21 of the French version of the Act is replaced by the following:
Règles
21 Le Conseil peut établir des règles Insertion start concernant Insertion end l’instruction des affaires dont il est saisi, notamment la procédure applicable à la présentation des demandes d’attribution, de modification, de renouvellement, de suspension ou de révocation de licences, la présentation des observations et des plaintes et le déroulement des audiences.
Should there not be an executive summary to explain the verbiage and purpose for the citizens? Or do the drafters of the bill not know how or don’t dare?
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Kind of sounds like you will own nothing and be happy doesn’t it? Won’t be long before the minstrels will only be performing for the royalty. In Canada all rights are conferred by the Crown (Queen). Since Turdeau and Freeland the top 2 elected officials in Canada are graduates of the young global leaders program of the WEF, we know who they’re working for.
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Oh, no, they definitley want to make everything as confusing and misunderstandable as possible. There is a “summary” at the begining of the bill there but that all reads as codswallop.
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How else are the AIs supposed to compete?
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