A controversial bill that critics say could change your online streaming searches is about to pass. Here’s what you need to know

OTTAWA - In a matter of days, one of the federal government's most controversial bills is expected to clear the Senate, meaning the first of the Liberals' online regulation reforms is on the brink of becoming law.

The proposed legislation, known as the Online Streaming Act or Bill C-11, has been debated by MPs and senators for more than a year and has led to one of the longest studies undertaken by a Senate committee.

So what is the bill all about, and what makes it so contentious?

Here's what you need to know.

What is the Online Streaming Act anyway?

Bill C-11 was introduced in early 2022, but didn't immediately attract attention because its launch coincided with the onset of the so-called Freedom Convoy."

The Liberals' goal in tabling the bill - which was previously known as C-10 and introduced by Heritage Minister Pablo Rodriguez's predecessor, Steven Guilbeault - is to subject streaming giants like Netflix and Spotify to the same regulations that already apply to traditional television and radio broadcasters in Canada.

The proposed legislation is Ottawa's most recent attempt to update Canada's aging Broadcasting Act, which was drafted long before the internet forever changed how Canadians consume and discover television, movies and music.

The bill would impose rules on streaming services to boost the availability of Canadian content on their sites and apps, while requiring platforms to contribute financially to the production of that content. It would also give the Canadian Radio-television and Telecommunications Commission (CRTC) broad powers to enforce the act, such as the ability to penalize those who violate it.

Who likes the bill - and who doesn't?

Over the course of the bill's study, the Liberals have argued that C-11 is not only a necessary and long-awaited refresh of the Broadcasting Act, but that it will promote the production and discovery of Canadian stories, music and content. The government has said the bill would also help to platform content produced by Indigenous, racialized and francophone creators.

Groups in Canada's media, production and entertainment sectors have backed the bill as a way to invest in homegrown programming, and the NDP and Bloc Quebecois have also put their support behind it.

That's left the Conservatives to mount a fierce campaign against the bill, frequently painting the proposed legislation as a tool for censorship."

The Official Opposition believes C-11 goes too far when it comes to deciding who is captured under the proposed regime, thinks it gives the CRTC too many powers, and says it unduly interferes with what kinds of content Canadians would be able to find online.

YouTube and TikTok have also launched campaigns against the bill, charging that online creators and everyday users of the video-sharing apps could fall prey to changes governing how their content is produced and discovered. During the bill's study, digital creators expressed concern that Canadians could be forced to encounter Canadian content when using those platforms, leading users to interact less with that content and teaching online algorithms that Cancon" is undesirable.

The government insists that regular users won't be scoped into the bill, and rejected an attempt from senators to amend C-11 that would have clarified that most user-generated content would be excluded from its ambit.

Has the bill changed at all over the past year?

Yes. The Senate advanced 26 amendments to the bill, which had to be punted back to the House of Commons for approval. While the government rejected some highly sought-after amendments, it did accept many of the revisions.

Some of those include ensuring platforms promote Indigenous languages and other forms of diversity. Others were aimed at stopping the government from getting unnecessarily involved in CRTC decisions, and another removed a suggestion that it would fall to community broadcasters to fight disinformation.

What's next?

The bill is still the source of much tension in the Senate, leading to lengthy sittings as it continues to spark division between senators. The Liberals' representative in the upper chamber, Sen. Marc Gold, says he plans to introduce a motion for time allocation next week that would limit debate on the bill and encourage senators to accept the government's ruling on the amendments.

Conservatives senators, on the other hand, are holding up the bill's passage because they want to see more of the Senate's amendments accepted.

While C-11 is nevertheless expected to pass, the drama won't end there.

Much of the bill's true scope still needs to be clarified through policy direction, which will determine how much control the CRTC will be given and what regulations will ultimately be established.

Raisa Patel is an Ottawa-based reporter covering federal politics for the Star. Follow her on Twitter: @R_SPatel