Bill C-11 (Historical)

Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

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 Black or other 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 official language 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) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) 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.

Freedoms in Canada

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, Canadians love watching YouTube, they love listening to music on Apple or Spotify and they sure enjoy bingeing on things like Netflix, Disney and Prime. They love it because they have control over what they watch and when they watch it.

Creators have never had it better. As long as they have access to the Internet, they can start a channel or make a presence online. As long as they are willing to work hard and put in the creative energy, they can achieve great success, not just in Canada but around the world.

Bill C-11, however, is about to change that. Bill C-11 would give the government the power to censor what Canadians can see and post online. Content creators from across Canada, along with consumer groups, have spoken out about the dangers of this bill. Legal experts have called it a grotesque overreach of government. When referencing this bill, Margaret Atwood did not mince her words in calling it “creeping totalitarianism”.

Today, we are calling on the government to kill Bill C-11.

Digital Charter Implementation Act, 2022

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, we are here today to debate Bill C-27, the digital charter implementation act. With this bill, the government seeks to bring Canada's consumer privacy protections up to date, to create a tribunal to impose penalties on those who violate those protections and to create a new framework on artificial intelligence and data.

For my constituents, I think the most important question is this: Why are consumer privacy rights important? Our personal information has become a commodity in the modern world. Businesses and organizations regularly buy, sell and transfer our personal data, such as our names, genders, addresses, religions, what we do on the Internet, our browsing history, our viewing and purchasing habits, and more. This happens so often that it is almost impossible to know who has access to our sensitive data and what they do with those personal details. Unfortunately, this bill fails to adequately protect the privacy of Canadians and puts commercial interests ahead of privacy rights.

The first part of this bill is the consumer privacy protection act, and I will note, as many others have during this debate, that it is really three bills in one. It is the largest part of this bill and brings in new regulations on the collection, use and sale of the private data of Canadians. I will cover three issues that I have found in this act in the first part of this bill.

The first issue relates to how organizations may collect or use our information without our consent. Subclause 18(3) states:

(3) An organization may collect or use an individual’s personal information without their knowledge or consent if the collection or use is made for the purpose of an activity in which the organization has a legitimate interest that outweighs any potential adverse effect on the individual resulting from that collection or use

Without defining what a “legitimate interest” is, this subclause risks giving organizations free rein to define “legitimate interest” in whatever way suits their own commercial interests.

The second issue I will cover relates to how the bill would protect the privacy rights of children. Subclause 2(2) states:

(2) For the purposes of this Act, the personal information of minors is considered to be sensitive information.

However, nowhere in this bill are the terms “minor” or “sensitive information” defined. This will lead to confusion about how the personal information of children should be handled, and will ultimately lead, in my opinion, to weak protection of that information. There is also no other provision in this legislation that regulates the collection and use of children's personal data.

Every parent in the House of Commons is very concerned about their child going on Minecraft and about their interactions with other people and other gaming sites. This bill does not do enough to protect children in the context of online gaming.

The last issue I will raise in this act relates to when organizations can rely on implied consent to collect and use personal data. Subclause 15(5) states:

(5) Consent must be expressly obtained unless, subject to subsection (6), it is appropriate to rely on an individual’s implied consent, taking into account the reasonable expectations of the individual and the sensitivity of the personal information that is to be collected, used or disclosed.

This subclause highlights that the bill lacks a clear definition of “sensitive information”. This means that organizations will have free rein to determine when they can rely on implied consent, and they will be free to decide what information is or is not deemed sensitive according to their interpretations and not the legislation's interpretation.

The second part of the bill relates to the creation of the new personal information and data protection tribunal act. The bill would create a new semi-judicial body with the power to levy financial penalties against those who violate the CPPA, the first part of the act. I question whether this tribunal would be able to enforce the penalties outlined in clause 128, which are tied to global revenue and a proportion of profit in the previous fiscal year.

How does the government plan on ensuring accurate figures? Does the government really believe that it will go after Google in a global context, hold Google accountable and collect up to 4% or 5% of Google's global revenue? It is farcical.

We need very clear and very big amendments to this section. We need to question whether we even need a tribunal, because if it is in charge of enforcing clause 128 of the bill, I already know it is going to fail.

Under the third section of the bill, the artificial intelligence and data act, new provisions would be created that apply to the private sector. However, this bill does nothing to address the relationship between government and artificial intelligence.

Right now in Parliament, we are debating Bill C-11, which talks about the government's use of algorithms in the context of the CRTC. This bill has rightly infuriated Canadians across the country who are concerned about how the government would determine what people say and do on the Internet and where they would be directed. Why is the government not trying to apply the same standards upon itself as it is trying to apply on private corporations?

I want to address some other key oversights in the bill.

First, in the U.K., EU and even Quebec, certain personal details, such as race, sexuality and religion, are given special protection in comparison with other personal information. Why does the government believe the most identifiable aspects of our personal information are not worthy of being defined as sensitive information in the context of privacy law?

Second, the bill does nothing to regulate the sale of personal data. I am reiterating this point. In a world where the sale of personal data has become an integral part of our economy, why is the government not concerned with setting clear rules on how data and what kinds of data can be bought and sold, especially in the context of children?

Third, the bill fails to regulate the use of facial recognition technology. The RCMP used Clearview Al's facial recognition database, which was illegally created. Why does the government not think it is appropriate to ensure this never happens again?

Fourth, the consumer privacy protection act and the personal information and data protection tribunal act proposed in this bill are nearly identical to the acts proposed under last Parliament's Bill C-11. The consequence is that Canada's consumer privacy laws will be out of date by the time they come into force.

This bill was an opportunity to put forward strong regulations on the collection and use of personal data, but it failed to meet some basic criteria and thresholds. While the increased penalties for violating the act are welcome, they are watered down by the implementation of a tribunal that would take months or potentially even years to make a decision and levy fines. It is even questionable whether such a tribunal could actually do what it is purported to be responsible for.

Do we really need privacy legislation that fails to protect the privacy of Canadians? Do we really want privacy legislation that fails to put consumer interests ahead of corporate interests? Do we really want privacy legislation that fails to protect the personal information of children? Do we really want Al regulations that do not apply to government? Frankly, the government needs to withdraw Bill C-27, break it up into different parts and come back to Parliament after it has looked at the drawing board again and done something a little more comprehensive.

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, as the member is aware, this bill is actually three bills packaged into one. It was the NDP that asked for a division to vote on artificial intelligence. The previous manifestations of Bill C-11 were enhanced with this bill.

What are his thoughts on the fact that this is the first time we are debating how to regulate artificial intelligence? Would it have been more appropriate to have an entirely separate process, as opposed to packing it in with two other pieces of legislation that we have done before? We have at least had some review in the chamber on one them, and they are less controversial in many respects. I would appreciate his comments on that.

I thank him for referencing Jim Balsillie, who has done a tremendous amount of work on this issue in protecting Canadians' privacy rights, which is the same as what the NDP has done. Physical rights and digital rights should be equal.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, we have talked a lot about Bill C-18 and Bill C-11. There have been many comments from people outside of this place, like experts in the field. Lots of different things have been said, and the reality is this. The government is going to have gatekeepers in place who will tell Canadians what they can see and what they can hear on the Internet. That is what we as Conservatives are fighting against. We do not want the government to be the one to tell Canadians what they can see, what they can read and what they can post online.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I, too, found my colleague from Saskatoon West's comments on Bills C‑11 and C‑18 quite interesting. There will be an opportunity to return to Bill C‑11, likely later. I was particularly surprised by the comments on Bill C‑18, especially in a context where Google is currently blocking access to news content for nearly 2 million Canadians, which is no trivial matter. By the way, we still do not know why.

I have heard so much misinformation, it is outlandish. Bill C‑18 requires digital giants to negotiate agreements. It is not forcing them to do anything other than negotiate agreements to pay the companies that produce the news content they use and get rich off of. It seems quite logical to me.

The point I took the most issue with in my colleague's comments was when he said that Bill C‑18 will allow the government or the CRTC to decide what news people will be able to access online.

Since he seems to be an expert on the subject, I would like him to tell me specifically what clause of Bill C‑18 would allow the CRTC to do such a thing.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, I have many things to say, but where to begin?

First, Google is one option. There are many other browsers that can be used. If someone does not like one of them, they can go to another. That is the beauty of the free market and companies providing services.

The other thing is that Google's response was a direct response to the government's proposed legislation. The government refuses to admit that there are consequences to what it is proposing. There are significant consequences to the government dictating what consumers in Canada can see. This will affect everybody from consumers themselves to the companies that provide content.

It is an example of the government being completely oblivious to the real implications of what it is proposing with its legislation in Bill C-11 and Bill C-18.

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, it is a privilege to rise in this House.

Another day, another debate about an NDP-Liberal piece of legislation about Internet freedom in Canada. The good folks on the west side of Saskatoon have heard me speak in this place about Bill C-11 and Bill C-18, two bills aimed at controlling what Canadians see and post on the Internet.

Today we are dealing with Bill C-27, which is aimed at protecting the online data of Canadians. This legislation is meant to put safeguards around the use of artificial intelligence and establish rules around Internet privacy. Sounds good, sounds noble and sounds like something we should support. To a certain degree I do support these initiatives.

However, I have deep reservations with this legislation as it exempts the Government of Canada from these very safeguards. Do we as Canadians need the protections in this bill from companies? Absolutely, but we also need protections from government, especially this NDP-Liberal coalition government that wants to take away some of our liberties and freedoms.

Some on the other side may accuse me of fearmongering about the NDP-Liberal suppression of civil liberties and freedoms on the Internet; I am not. Let me lay out the facts, and the people in Saskatoon West can decide for themselves.

Bill C-11 is the first piece of legislation meant to strip of us of our rights to free speech on the Internet. Conservatives such as myself and free speech advocates have been warning that the provisions put in place by the NDP-Liberals to have government-appointed gatekeepers decide what is acceptable speech or not in Canada will lead to disaster.

We have already seen that a prominent University of Toronto professor has been threatened with the revocation of his licence and livelihood for tweeting out against this legislation and the current Prime Minister. Imagine what would happen when the Prime Minister has the full weight of the law to simply muzzle this type of speech. Anyone who disagrees with him would be silenced and would be fined, lose their livelihood, and what is next, go to a re-education camp? We all know about the Prime Minister’s fondness for the basic dictatorship of the People’s Republic of China, heck, he does not even mind if the People's Republic of China funnels money to his family foundation and tilts elections towards the Liberal Party of Canada in this country.

How about the second piece of legislation meant to limit our Internet freedoms, Bill C-18? That legislation allows government-appointed gatekeepers to decide what is or is not news in Canada, and forces private companies to block content they do not like from their feeds and search engines.

If there is a story critical of the NDP-Liberal coalition and the Prime Minister, they call it fake news and ban it. If there is another fawning story by Andrew Coyne in The Globe and Mail about the Trudeau Foundation and the Chinese Communist Party, it is forced to the top of everyone’s news feed and search engine, like it or not.

When I spoke about Bill C-18 in December I warned of the consequences that this legislation would have. Specifically, I mentioned conversations I had with Google and Amazon Web Services and the impact on how they deliver services to Canadians. Google flat out told me it would simply get out of the business of delivering any and all news to Canadians as it did not want to become an instrument of the Canadian government to spread partisan messaging for the party in power. Just last month it began beta testing how it could shut down its news services for Canadians.

We need a 21st century solution to this problem, not one based on ideas from 40 years ago. Bill C-27 is supposed to protect people’s data from corporations. We need that but what we need, as well, is protection from this NDP-Liberal government when it comes to privacy.

Bill C-27 completely fails us in that area. The government has dragged its heels on Internet privacy for years, and unfortunately it has been a pattern to consistently breach our digital privacy rights. We saw it when the government waited until just last year to ban Chinese telecom giant Huawei from operating in Canada while other countries did the right thing years before us.

We saw it with the $54 million “arrive scam” app tracking Canadians border travel up until September 30, and the public bank account freezing for people who donated to the truckers last year. The list goes on and on. In the words of Alanis Morissette, “Isn’t it ironic?” when we hear the government start to talk about online privacy rights. I just hope it learns to start respecting the privacy of Canadians.

Let us take a look and see if this legislation actually protects the online privacy of the people of Saskatoon West. After all, they are rightfully distrustful of government and corporations when it comes to accessing their data

Here are some examples showing why they are distrustful: Tim Hortons tracking the movement of users after they have ordered something on their app; the RCMP using Clearview AI to access a data bank of more than three billion photos pulled from websites without user consent; and we cannot forget Telus giving the federal government access to the movements of over 33 million devices over the course of the pandemic.

When governments abuse their power, it destroys the level of faith Canadians have in their institutions. In fact, if we look at polling data, we see that the number of Canadians that have faith in their government is at an all-time low. With scandals like these, it is no wonder why.

If we want to improve the level of trust held between individuals and institutions, we must look at protecting Canadians' private data. If we dive into this legislation, it seems the intent is to create a level playing field between citizens and companies when it comes to how their data is used. However, if we look into it further, the balance between businesses using business data and the protection of our privacy is off.

The bill, as it is currently written, skews toward the interests of corporations rather than the fundamental rights of individuals. There are too many exceptions granted to businesses in this legislation. Some are so broad that it is like the legislation never existed at all.

For example, business activities are exempt if a “reasonable person” would expect a business to use their data, without including the definition of what a reasonable person is. The concept of legitimate business interests has been added as an exemption to consent. How does one determine if a business interest outweighs the privacy rights of an individual? Finally, the bill does not recognize privacy as a fundamental right. This absence tips the scales away from Canadians and could affect how their privacy interests are weighed against commercial interests in the future.

Artificial intelligence comprises a major component of this legislation. AI is becoming a key tool in today's world, much like engineering was in the last century. In the past, an engineer would sit down and design a bridge, for example. Obviously, the failure of a bridge would be a huge event with the potential for major disruptions, significant costs, potential injuries and even death. Therefore, we have professional standards for engineers who build bridges, but what about artificial intelligence?

In today's modern world, AI is used more and more to perform ever more complex tasks. In its early stages, AI was used as a shortcut for repetitive tasks, but as the technology advances, it is now being used for much more. In the future, it is not unreasonable to expect AI to play a significant role in designing a bridge, for example. Artificial intelligence also needs to have standards, which is why our universities teaching AI put a big emphasis on ethics, as there are huge implications.

I know first-hand the dangers of unregulated AI systems interfering in our day-to-day lives. On the immigration committee, we have studied this issue and looked at how Canada's immigration department is using Chinook, a so-called e-tool to help IRCC bureaucrats assess applications in bulk form. This AI program was introduced in-house by these bureaucrats, which means the software's algorithms are beholden to the beliefs of its creators.

The concerning part of all of this is that there is a known culture of racism within the department, and members do not have to take my word for it. The NDP-Liberal Minister of Immigration said this of his own department at committee: The IRCC “has zero tolerance for racism, discrimination or harassment of any kind. However, we know that these problems exist throughout the public service and in our department...[and] we must first acknowledge this reality.”

There were no outside consultations done on the use or creation of this artificial intelligence application, and rejection rates have climbed since its introduction. Although I am pleased that the government is finally looking to add a framework to address concerns surrounding AI, it needs to get its own house in order first.

I will wrap up with these final thoughts.

If we are going to address concerns surrounding our digital privacy, we must listen to Canadians, and many Canadians are worried that this legislation does not protect them. I have met with Bryan Short from OpenMedia, and he said this:

Bill C-27...only plays brief lip service to privacy being a fundamental human right in its preamble; Bill C-27 fails to do the more important task of inscribing the privacy rights of people as being more important than the business interests of companies.

The bill before us is supposed to be about protecting Canadians' privacy, yet it completely avoids inscribing privacy as a fundamental right. We all know the saying “There is no point in doing something unless you do it right”, and it is quite clear that the government needs to go back to the drawing board once again on some aspects of this legislation since there is not much evidence of it consulting Canadians on how their data was actually used.

I believe the former Ontario privacy commissioner, Ann Cavoukian, said it best in 2020 during the initial Liberal attempts to bring in privacy reform to Canada when she stated:

[With] the Liberals under [the Prime Minister], it's been extremely weak. They have not addressed repeated requests from the federal privacy commissioner to strengthen existing privacy laws.... I'm tired of that. I want a party that will walk the talk. And I'm hoping that will be the Conservatives.

Canadians can count on the Conservative Party of Canada to walk the talk when it comes to strengthening our privacy laws, and Canadians can count on the Conservative Party of Canada to respect their freedom of expression online. We will scrap the online censorship legislation put in place by this tired, worn out, costly coalition. We will allow people to choose for themselves which news they want to consume, not just what the government wants them to see. Under our new leader, we will be the voice of those left behind by the NDP-Liberal government, and we will put Canadians back in the driver's seat of their own life.

[Matthew Green, NDP, Hamilton Centre, ON]

Madam Speaker, the hon. member spoke at length about administrative tribunals being a way in which people can access justice as it relates to their appeals processes and so on, but yet, this is in direct contradiction to the Office of the Privacy Commissioner, who is clearly opposed to the creation of a new personal information and data protection tribunal, citing it would be unnecessary to achieve greater accountability and fairness and counterproductive in achieving quick and effective remedies. In fact, the OPCC states that adding a new level of appeals delays would delay resolutions of cases, especially when the power to impose monetary penalties is limited to the tribunal.

I wonder if the hon. member could comment on how the OPCC argues that the system proposed under Bill C-11 encourages organizations to use the appeals process rather than to seek common ground with the OPCC when it is about to render an unfavourable decision.

Telecommunications Act

[Kyle Seeback, Conservative, Dufferin—Caledon, ON]

Madam Speaker, it took eight long years for the Liberal government to recognize that cybersecurity threats exist in this country and around the world. Congratulations to them for coming to the party a little late.

The Liberals have now presented a bill to try to address issues of cybersecurity in the country. As I said, it took them eight years to get there, but I have to say I am pleased that the Liberals have decided to finally do something. I look forward to this bill being passed so that it can be extensively studied at committee.

There are some things in this bill that are good. I know praising the Liberal government is strange territory for me, but I will say that the bill would give the government some tools to respond quickly to cyber-threats. There is currently no explicit legislative authority in the Telecommunications Act to ensure that telecom providers are suitably prepared for cyber-attacks. This is a good reason why this bill should probably move forward to committee to be studied.

The challenge I have, though, includes a whole number of things. My issue with the government is trust. While I do want this legislation to go to committee, I have extraordinary concerns about this bill. Many of these concerns have been raised by many groups across the country, and I do want to speak to some of those in the probably somewhat whimsical hope that the government will listen and take some of these amendments seriously.

There has been a very bad track record of the government responding to concerns from the opposition or from outside organizations with respect to legislation. There is a view that the Liberals are going to do what they want to do on pieces of legislation and that they really do not care what other people have to say. I am very concerned that the government is not going to listen to the very serious concerns that have been raised about this bill.

I have my own concerns when I look at how the government has behaved with respect to other pieces of legislation. We have to look at Bill C-11. There has been a multitude of organizations that have said the bill needs further amendment. Margaret Atwood has said that she has grave concerns about the legislation, that she supports the intent but has grave concerns about the implementation and how it is going to affect artists and content creators. We have had folks who compete in the YouTube sphere who have raised all kinds of concerns about Bill C-11, and the government's response has been that it does not care what they have to say, and that it is going forward with the legislation as it is.

The Senate has made a number of amendments to Bill C-11. I suspect the government's attitude is going to be the same, which is that it does not care what the amendments are and that it is going to proceed with the bill as it sees fit.

We also have only to look to Bill C-21 as well. We had the minister clearly not aware of what constituted a hunting rifle and a hunting gun. The Liberals introduced amendments at committee, and it took extraordinary push-back from Canadians from coast to coast to coast to get them to wake up and withdraw those amendments that they had put in at the last minute.

What it speaks to is that, despite having at its disposal the entire apparatus of the Canadian government, the Liberals are still unable to get legislation right. It takes an enormous amount of effort and hue and cry across the country saying that this has to stop and that this has to be changed. If there is not a massive uprising, the government tends not to listen to the legitimate concerns of other constituents or other groups when it introduces legislation.

With that context, it is why I have real concerns that the government is not going to listen to some of the serious concerns that have been raised with respect to Bill C-26. I am going to go through some of those.

The Canadian Civil Liberties Association has some very serious concerns. It has issued a joint letter that says that the bill is deeply problematic and needs fixing, because it risks undermining our privacy rights and the principles of accountable governance and judicial due process. This is a big bell that is going off, and I hope the government is listening. As I have said, I do not have a lot of faith, given other pieces of legislation where thoughtful amendments have been put forward and the government decided not to do anything with them.

I want to enumerate a few of the concerns from the Canadian Civil Liberties Association. On increased surveillance, it says that the bill would allow the federal government “to secretly order telecom providers” to “do anything or refrain from doing anything necessary...to secure the Canadian telecommunications system, including against the threat of interference, manipulation or disruption”.

That is a pretty broad power. Where is the government putting the guardrails in that would limit the effects of this or protect the privacy rights of Canadians? That is something I think is incredibly concerning.

On the termination of essential services, Bill C-26 would allow the government to bar a person or a company from being able to receive specific services and bar any company from offering these services to others by secret government order.

Where are we going to have the checks and safety checks on this? Unfortunately, I am not in a position where I think I can trust the government to do the right thing on these things. We have seen it through vaccine mandates, in the legislation on Bill C-21 and in how the Liberals are trying to push through Bill C-11 without listening to reasoned amendments. If reasonable concerns are raised about Bill C-26, I just do not have faith the Liberals are going to take those concerns seriously and make the amendments that are necessary. I really hope they do.

On undermining privacy, the bill would provide for the collection of data from designated operators, which would potentially allow the government to obtain identifiable and de-identified personal information and subsequently distribute it to domestic, and perhaps foreign, organizations. When someone takes the de-identified personal information of Canadians and does not say how they are going to deal with it or what protections they have in place to make sure it is not misused, what happens in the event that they take that information and somehow there is a government breach? Where does that information go? These are things I think we should be extraordinarily concerned about.

There was also an analysis provided with respect to this by Christopher Parsons, in a report subtitled “A Critical Analysis of Proposed Amendments in Bill C-26 to the Telecommunications Act”. Parsons raises concerns about vague language. The report notes that key terms in the bill, such as “interference”, “manipulation” and “disruption”, which trigger the government's ability to make orders binding on telecom service providers, are unidentified.

Where are the guardrails in the legislation to prevent government overreach and therefore protect Canadians? This is something that I think all Canadians should be watching and be very concerned about. They should be letting their voices be heard by the government on this.

The report talks about how the minister of industry's scope of power to make orders is also undefined. We would be giving a whole host of undefined powers to the minister and the government that would allow them to have all kinds of sensitive information. These are things that may be necessary, but I do not know. They are highly concerning to me. They should be highly concerning to Canadians, and I hope the government will hear from real experts at committee.

Let us not have a two-day committee study where we think Bill C-26 is perfect as it is and bring it back to the House of Commons, bring in time allocation or closure and pass it through. We have seen that story before, and we do not want to see it with the piece of legislation before us. My really big hope is that the government is going to take the time to really consider the seriousness and breadth of Bill C-26 and make sure we have the ways to protect Canadians.

I just want to add that the Business Council of Canada has released its own letter to the Minister of Public Safety, expressing its incredibly deep concerns with respect to the bill: there is a lack of a risk-based approach, information sharing is one-way and the legal threshold for issuing directions is too low.

There are three reports, right there, that are outlining significant concerns with Bill C-26, and I, for one, just do not believe the government is going to listen or get it right. It does not have the track record of doing so, but I am hoping it will, because cybersecurity is incredibly serious as we move toward a digital economy in so many ways. I really hope the government is going to listen to these things, take them seriously, do the hard work at committee and bring forward whatever amendments need to be brought forward, or, if the amendments are brought forward by the opposition, listen to and implement those amendments.

Canadian Heritage

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, the government has said yes to various demands made by Quebec. We are working with Quebec. What Quebec wants is to see Bill C‑11 passed for the music, film and television industries.

The Conservatives, who have filibustered the bill the entire time, have suddenly woken up to say that culture is important. Since when has culture been important to the Conservatives? They could not care less. Our government will be there for our artists despite the Conservatives.

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I do not think my colleague understands what he is talking about.

If he is talking about Bill C-11, it is simply asking streamers to support Canadian culture. If he is talking about C-18, it is simply asking the web giants to support independent journalism.

One thing remains: the Conservatives keep filibustering things that are absolutely essential for Canadians. If they do not want to help, they should stay out of the way and let us do the job.

Freedoms in Canada

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Mr. Speaker, Canadian artists are succeeding on digital platforms with the support of fellow Canadians and from viewers around the world without Bill C-11.

The Liberals' plan is to regulate user content-generating websites, like YouTube, where hundreds of thousands of hours of video content are uploaded every minute. Canadian artists, legal experts and digital content producers are speaking out against Bill C-11, yet the Liberals are not listening. What we see and search online now is different from what we would have after the bill and after the Liberal gatekeepers put regulations in place that would change online algorithms.

Bill C-11 represents yet another example of the Liberals' waste of time and public resources in the name of demanding more control and power over Canadians. In a free and democratic country like Canada, the government should not tell us what we can and cannot see on the Internet. We need to kill Bill C-11.

Telecommunications Act

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Madam Speaker, I have a lot of trouble putting any confidence in the Liberal government. It took seven years for it to ban Huawei. It is a government that sat on its hands and did nothing about cybersecurity for the past several years. I know this is a government I cannot trust. When I look at Bill C-11, the Liberals are now trying to censor Canadians online. They are trying to control what people see online, which violates charter rights, especially when it comes down to freedom of expression, freedom of association and the ability to actually have discourse online about our political situation in Canada and around the world. When the Liberals try to put veils over certain parts of our information system, I have to be very concerned.

I look at Bill C-21 and how the Liberals have gone after responsible firearms owners like hunters, sport shooters and farmers. To me, that builds no trust in the government to get the job done.

[Rob Morrison, Conservative, Kootenay—Columbia, BC]

Madam Speaker, in the last several months, we have seen accountability raise its head here in Parliament with Bill C-5, Bill C-75 and Bill C-11. Without accountability, it is as though the government does not actually care what we are doing because with a majority government, the NDP and Liberals can make decisions based on what they think is right and there is no accountability.

With Bill C-5, the evidence is not there. Bill C-21, taking legal guns from legal gun owners, is another non-evidence-based process. With Bill C-26, which we are talking about today, it is time that we start building in some processes for accountability so the government is actually accountable for what it is doing.

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, I think there is some confusion as to what we do and do not stand for. I believe there are a lot of opportunities in Canada when it comes to online streaming and how we can get our products out to market. However, when we start talking about Bill C-11, we start talking about censorship and what can or cannot happen here in Canada. Everyone talks about how we are going to protect the rights of our artists, but I am very concerned about the time when the censorship starts taking place and Canadians actually start understanding there is going to be content that would not be allowed to be viewed. I sure hope the member is right that there will not be such censorship, but I am afraid he could be mistaken.