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A new streaming bill is close to becoming law in Canada. Here’s how it works

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A bill that will update Canada’s laws around broadcasting for the first time in the internet age is one step away from becoming law and impacting popular streaming platforms.

Bill C-11, also known as the Online Streaming Act, creates a framework to regulate digital streaming platforms like Netflix, Disney+ and Spotify, and would require them to contribute to the creation and promotion of Canadian content. The bill passed its third reading in the Senate last month with 26 amendments. It will be up to the House of Commons to decide which of those changes to keep before passing the bill into law.

Canadian creative unions, including the Writers Guild of Canada and Canadian Media Producers Association, are generally supportive of the bill, but have some concerns that its language could create a two-tiered system that would mean Canadian broadcasters are being held to higher standards than foreign streamers. Meanwhile, Canadian content creators on sites like YouTube and TikTok are concerned about how the bill will impact them.

With Bill C-11 so close to the finish line, here’s how it will work.

What is the point of Bill C-11?

Since 1968, the Broadcasting Act has set a series of goals for Canada’s broadcasting system, including that it should strengthen Canada’s cultural fabric, and that it should make use of Canadian talent.

To do this, the country has rules that define what counts as Canadian programming and how much of it Canadian TV and radio broadcasters have to play. They must also contribute financially to the development and promotion of Canadian content.

Right now, those rules don’t apply to online broadcasters like Netflix, Disney+ and Spotify, which are earning money in Canada without being required to reinvest in Canadian content.

Bill C-11 wants to give new power to the country’s broadcasting regulator and extend the current broadcasting policy to the digital realm.

Vass Bednar is the executive director of the Public Policy in Digital Society program at McMaster University. (McMaster University)

According to Vass Bednar, executive director of McMaster University’s Public Policy in Digital Society program, Canada is doing its best to extend its cultural values and expectations to digital platforms.

“And instead of building a whole new vehicle to do that, we’re trying to use the one that we have already, which is the CRTC,” she said.

Who defines Canadian content?

Bill C-11 doesn’t define what counts as Canadian content on the internet, or say how much Canadian content a foreign streaming service needs to have.

That task would fall to the Canadian Radio-television and Telecommunications Commission (CRTC), an independent organization that regulates and supervises Canada’s broadcasting system.

It’s the CRTC’s job to make and enforce rules that achieve the goals of The Broadcasting Act. Bill C-11 updates what those goals are, and gives the CRTC new powers to achieve them.

For example the CRTC defines Canadian content for different types of media. There are different rules for television productions than there are for songs.

What changes is C-11 trying to make?

The Broadcasting Act was last updated in 1991, before the internet and streaming changed how we consume much of our entertainment.

Bill C-11 brings the CRTC into the internet age, giving the regulator the authority to impose conditions on how online streamers support Canadian content and contribute to production funds, as well as ensuring Canadian programs and films show up in search results.

It also includes a clause that would require foreign online streamers to make use of Canadian creative talent. It would be up to the CRTC to define exactly what that looks like.

A man leans against a brick wall.
Writers Guild of Canada president Alex Levine says foreign streaming services have upended the way the country’s screen industry produces content. (Submitted by Alex Levine)

Alex Levine, the president of the Writers Guild of Canada (WGC), says when foreign streaming platforms became available in Canada, it meant less money for traditional broadcasters here, which means less investment in creating Canadian programming.

“We have 25 per cent of the actual work for Canadian screenwriters that we had in 2014 in terms of number of episodes created,” he said.

According to Levine, the concerns are even more pronounced for writers than they may be for other Canadians working in film and television production.

“We only work on Canadian content. We don’t work when, for example, Netflix or HBO decides to shoot a show here.”

Without the bill, Levine says market forces mean Canadians “will see a world reflected back to them that is determined by studio executives in Los Angeles and not by Canadian artists.”

C-11 and foreign broadcasters

While supportive of the bill overall, the WGC is concerned about a clause that would make foreign broadcasters subject to different rules than their Canadian equivalents.

The current Broadcasting Act has language that requires Canadian broadcasters to make “in no case less than predominant use” of Canadians in making and presenting content.

Bill C-11, would keep that language, but also require foreign online broadcasters to make the “greatest practicable use” of Canadians and contribute to the production of Canadian programming.

Logos for Netflix, Amazon Prime, Disney+, and Apple TV+ are arranged in a composite.
Bill C-11 would require foreign online broadcasters to make the ‘greatest practicable use’ of Canadians and contribute to the production of Canadian programming. (The Associated Press/Getty Images)

The clause concerns Reynolds Mastin, the CEO of the Canadian Media Producers Association (CMPA), who noted in a statement that as the bill currently stands, Canadian companies are being held to a higher standard than foreign streamers.

“This stands in direct opposition to the government’s stated objective to level the playing field and support Canadian creators and companies,” he said.

“Allowing foreign companies to use fewer Canadian creators will negatively impact Canada’s cultural industry.”

Senator Paula Simons says Canada’s trade obligations may prevent the government from being able to make foreign streamers follow the same rules as Canadian broadcasters.

“What C-11 has tried to do, and what we’ve tried to do with various amendments is to strike a balance,” she said. “I think for each streamer there will be a different deal struck and there will be a different way that they can contribute.”

How does it impact online creators?

There has been a lot of discussion surrounding how Bill C-11 might impact user-generated content from creators on sites like TikTok or YouTube.

The bill would allow the CRTC to create discoverability rules to ensure Canadians are able to see Canadian content online.

Some creators are worried that if those rules extend to social media sites, it may mean that their videos are shown to people who wouldn’t be interested in them, which they argue could hamper their success, since many user generated sites reward creators based on positive engagement.

“I’m looking at it saying, ‘Well, am I going to be able to realize my dream or my vision for my content?'” says Hamilton-based TikToker Nathan Kennedy, who has more than half a million followers on the platform and visited Ottawa last year to express concerns about the bill.

Some Senate amendments were tweaks to language about user generated content.

“Some of our anxieties were realized and passed with the Senate,” Kennedy said. “And so that was validating in a sense, to say that we’re not just like making this up.”

Former CRTC Chair Ian Scott told a senate committee last November that Bill C-11 will not allow the CRTC to mandate the use of specific algorithms or source code to make Canadian programming discoverable. (Adrian Wyld/The Canadian Press)

In November then-CRTC Chair Ian Scott told a senate committee studying the bill that it wouldn’t allow the regulator to manipulate algorithms to achieve its goals, and that it wasn’t interested in doing so anyway.

“The CRTC’s objective is to ensure that Canadians are made aware of Canadian content and that they can find it,” he said.

“I wish to assure you and Canadians more broadly that the CRTC has no intention of regulating individual TikTokers, YouTubers or other digital content creators.”

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Forecasters issue ‘bomb cyclone’ warning for B.C., with 120 km/h winds predicted

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VANCOUVER – Environment Canada is warning that a “bomb cyclone” is expected to bring powerful winds to most of Vancouver Island and the B.C. coast, with hurricane-force gusts of 120 km/h predicted for some areas this week.

The weather agency has issued more than a dozen warnings for coastal areas, saying the peak wind speeds are expected Tuesday night and Wednesday morning.

Areas expected to be hit hardest include northern Vancouver Island and the north and central coasts, but gusts of up to 100 km/h are also forecast for heavily populated centres including Victoria and the Sunshine Coast.

The warnings stretch from Prince Rupert in the north to the southern tip of Vancouver Island, while Metro Vancouver and the Fraser Valley are the subject of a special weather statement.

The statement says residents should be prepared for power outages, downed trees and travel delays brought by what it calls a “significant fall storm.”

Environment Canada meteorologist Brian Proctor says a bomb cyclone is caused by a rapid drop in atmospheric pressure at the centre of a storm.

“Typically, with these bomb cyclones, we need a lot of cold air loss in the atmosphere to really eject itself into the low pressure centre, which really helps to deepen them, or helps them to explode,” he said in an interview Monday. “Typically, with this kind of storm, the key phenomena is going to be the wind associated.”

Environment Canada says the storm will develop about 400 kilometres off the coast of Vancouver Island on Tuesday, bringing high winds and heavy rain that afternoon.

Proctor said the storm will likely have the most impact on the west side of Vancouver Island and the central coast.

Matt MacDonald, the lead forecaster for the BC Wildfire Service, says in a social media post that models show B.C. coastal inlets could bring “hurricane force” winds and there may be waves of up to nine metres off Washington and Oregon’s coasts.

Proctor said he wouldn’t be surprised to see those kinds of conditions on B.C.’s coast.

“That would be fairly typical for this kind of track,” he said in an interview.

However, he said that would depend on the track of the low pressure centre and how close to Vancouver Island it comes in before it starts “hooking” northward.

BC Ferries said in a statement Monday that it is “closely monitoring the weather situation” and is in contact with Environment Canada.

While it initially said sailings were expected to proceed as scheduled, a later statement said that it would be providing updates on Tuesday about potential delays or cancellations.

“Our goal is to keep people moving without interruption wherever possible, and to keep our passengers informed as things change,” it said. “In the event of significant disruptions, we will work to reschedule travel or reroute passengers to the next available sailing.”

Electric utility BC Hydro said it has been monitoring the system “very closely” since last week, noting it has a “team of in-house meteorologists that track all weather events” to ensure it has crews and equipment in the right places when storms hit.

“We’re prepared for tomorrow’s storm and are ramping up crews – both BC Hydro crews and contractor crews,” it said in a statement Monday.

A La Nina winter is expected for B.C., and Proctor said the creation of bomb cyclones are amplified under those conditions, when ocean temperatures are cooler than normal.

He said the province should brace for similar storms, though not of the same magnitude.

“We’re really setting up for a fairly typical late fall, if I can put it that way, once we get past this big event of this bomb cyclone,” he said.

The bomb cyclone warnings come after a lightning storm overnight and early Monday covered parts of Metro Vancouver in hail.

B.C. has been hit by a series of powerful fall storms, including an atmospheric river that caused flash flooding in Metro Vancouver in mid-October.

The Insurance Bureau of Canada said in a news release last week that the October storm caused $110 million in insured damage claims, which prompted it to renew calls for the federal government to “fully fund” the National Flood Insurance Program.

It said insured losses related to severe weather in Canada now routinely exceed $3 billion annually and a new record has been set this year, reaching more than $7.7 billion.

This report by The Canadian Press was first published Nov. 18, 2024.



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Dix out as health minister as Eby introduces a drastically reshaped B.C. NDP cabinet

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VICTORIA – Premier David Eby says “kitchen table” issues in British Columbia will be the focus for his revamped, postelection cabinet that was sworn in on Monday.

Eby’s new cabinet, comprising 23 ministers and four ministers of state, features a mix of new and familiar faces elected in last month’s narrow one-seat New Democrat election win.

“The things that concern your family around the kitchen table are going to be the issues that concern our team around the cabinet table,” he said after the cabinet introduction ceremony at government house.

“Ours will be a government that listens and ours will be a government that delivers,” said Eby, adding “that was the message that people sent us here to do this job in this recent election.”

“That is something every one of these members and everyone who was elected is going to carry with them in the work they do over the next four years,” he said.

He said the priorities for the new cabinet and the NDP government will include good paying jobs, family doctors for everybody, safe communities and affordable homes.

Eby shuffled veteran ministers Adrian Dix and Mike Farnworth and introduced to cabinet several newly elected members of the legislature.

Dix, the longtime health minister who guided the province through the COVID-19 pandemic, was moved to energy and climate solutions, while Josie Osborne, a two-term MLA and a former mayor of Tofino, will take on health.

Eby said Dix was moved to energy and climate solutions because of his track record of success.

“I need someone who can deliver and Adrian is that minister,” Eby said at a news conference. “It’s critically important for our government.”

Dix will be tasked with ensuring B.C. develops its clean energy systems and markets, he said.

Osborne said as a resident and a former mayor of a rural community, she understood the health-care needs of people outside B.C.’s urban areas.

“Everybody deserves access to health care,” said Osborne, acknowledging that many rural B.C. communities have concerns about recurring hospital emergency department closures. “I hear you. I see you.”

Farnworth, B.C.’s veteran solicitor general and public safety minister, was moved out of those portfolios and into transportation and transit, and will also serve as NDP house leader.

Garry Begg, a former RCMP officer, got one of the biggest cheers when he was introduced by Eby as the new solicitor general and public safety minister, elevating him from the backbench to cabinet.

Eby introduced Begg by the nickname “Landslide” in a nod to his wafer-thin 21-vote victory in Surrey that secured the government its one-seat majority.

Brenda Bailey, the former jobs minister and a Vancouver businesswoman, moves into the crucial finance portfolio.

Newly elected MLAs also featured in the cabinet, with former broadcaster Randene Neill becoming minister of land, water and resource management, and Vancouver Police Department veteran Terry Yung named minister of state for community safety.

Among the senior cabinet ministers who kept their jobs were Housing Minister Ravi Kahlon and Attorney General Niki Sharma, whose first duty upon being reappointed was accepting the Great Seal of British Columbia from Lt.-Gov. Janet Austin.

Austin opened Monday’s swearing-in ceremony by paying tribute to former premier John Horgan, who died of thyroid cancer last week.

She called Horgan “a fine man” who loved B.C., and said she would miss his “dad jokes” and “corny” sense of humour.

Eby said after the ceremony that his team would make affordability a priority issue.

“(For) those families hit hard by inflation and rising costs, our focus will be on controlling your costs, supporting you with the cost of everything from housing to car insurance and delivering a middle-income tax cut to support you and your family in these challenging times,” he said.

During the campaign, Eby promised a $1,000 tax cut for the average family, starting next year and benefiting 90 per cent of British Columbians.

Eby faced the challenge of filling the cabinet from a caucus reduced to 47 members in the Oct. 19 election, which gave the NDP the narrowest of majorities in the 93-seat legislature.

Former B.C. Liberal cabinet minister Mike Bernier, who ran unsuccessfully as an Independent last month in his Dawson Creek-area riding, said Eby had to find ways to bring rural representation into the cabinet even though most of his members were from Metro Vancouver or Vancouver Island.

Brittny Anderson, who won in Kootenay-Central, helped fulfil that goal, being appointed minister of state for local government and rural communities.

Energy and mining were carved into two separate portfolios, with Jagrup Brar taking on the latter, now renamed mining and critical minerals.

“We have two separate ministries dedicated to major economic growth sectors for us,” Eby said.

The legislature’s youngest MLA, Ravi Parmar, entered cabinet as forests minister.

B.C. Conservative Leader John Rustad said Eby had been invisible when it comes to rural B.C., and he and his 44-member caucus were looking forward to holding the government to account on numerous issues.

Green Leader Sonia Furstenau said in a statement the party was pleased Eby appointed a cabinet with a strong representation of women in leadership roles and a female majority.

“We are particularly pleased to see Niki Sharma appointed as deputy premier and Attorney General, Tamara Davidson as Minister of Environment and Parks, and Bailey as Minister of Finance,” she said. These critical roles will have a significant impact on shaping the future of British Columbia.”

Eby said the NDP government continued to negotiate will the Greens about how the party’s two elected members could work with the government.

“I hope British Columbians see in this cabinet an experienced team that’s going to be focused on the priorities they sent us to Victoria to address,” he said.

This report by The Canadian Press was first published Nov. 18, 2024.



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Prince Harry in Vancouver as Invictus Games school program launches online

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VANCOUVER – Prince Harry is in Vancouver for the launch of a campaign to raise awareness of the Invictus Games among children and youth, one day after surprising Canadian football fans by appearing at the Grey Cup in the city.

The prince visited Vancouver-area elementary and high school students at Seaforth Armoury.

The visit comes as the Invictus Games launches a lessons program for students from kindergarten to Grade 12, making educational resources on the event’s history and purpose available online.

Prince Harry founded the Invictus Games for wounded, injured and sick veterans and other service personnel about a decade ago, and the games will next be held in Vancouver and Whistler in February.

After meeting the students and engaging in a short game of sitting volleyball on the floor of the armoury, Prince Harry told the crowd the school program could help the Invictus Games “go even wider” and “into schools in Canada and hopefully around the world.”

The prince made a surprise appearance at the Grey Cup game at BC Place Stadium on Sunday, waving to the crowd and giving an interview before joining B.C. Lions owner Amar Doman on the field.

This report by The Canadian Press was first published Nov. 18, 2024.

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