'Time to move on,' minister says, as Senate debates passing Bill C-11 without further changes

Senators returned to the upper chamber on Tuesday and quickly began debating a motion that would see the Senate accept Bill C-11, the Online Streaming Act, without insisting on further changes -- as the minister responsible tells them, "it's time to move on."

The federal Liberal government's representative in the Senate, Sen. Marc Gold, introduced a motion seeking that the Senate agree to the version of Bill C-11 the House of Commons signed off on last month, and not insist on the several amendments that the majority of MPs voted down.

"The Senate has three possible practical responses to this message: it can concur, it can insist on its amendments, or it can make a new proposal within the scope of the disagreement. Today, I'm asking this chamber to concur with the decision of our fellow parliamentarians in the other place. A decision that is clear, informed, carefully considered, and which comes to us following a robust and vigorous debate in a minority Parliament," Gold said, speaking to his motion.

• What Senate amendments to Bill C-11 did the Liberals reject?

Gold's motion asks the Senate to accept the Liberals' "stated intent" that Bill C-11 "will not apply to user-generated digital content" despite persisting concerns that the legislation has inadequate protections, and the federal government's "commitment to issue policy direction to the Canadian Radio-television and Telecommunications Commission (CRTC) accordingly."

After a few hours of debate, Senators moved on without resolution. Though, after years of discussion, study, and modifications to the initial piece of legislation, it appears there's some desire within the Senate to see this chapter come to an end soon.

"This bill has spent the most time in the Senate in the history of Canada... It's great to be part of Senate history. We have made a huge contribution, and I feel it's now time for us to move on. I feel our work is done," said Independent Sen. Donna Dasko. "I will be voting for the message and the motion before us, and I hope you will as well." 

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One party that won't be heeding that call is the Conservatives, who remain opposed to Bill C-11 and concerned over the government not taking a specific amendment that was aimed at further instilling protections for content creators.

"I've been now in this place for 15 years and excuse me if I just am a little bit skeptical of taking any government at face value. I, as a legislator, would like to see things in the law in black and white," said Conservative Sen. Housakos, who led the Senate committee's marathon study on Bill C-11.

Despite this view, barring further procedural efforts, the Conservative Senate caucus won't have the numbers to overturn the motion once it comes to a vote.

If Gold's motion passes, the House will be informed and the contentious piece of legislation will await royal assent, the final step before a bill becomes law.

In late March, just before Parliament took a two-week break, the Liberal, NDP and Bloc Quebecois MPs passed a motion from Bill C-11's sponsor, Canadian Heritage Minister Pablo Rodriguez, accepting the majority of the Senate's changes to the 50-page bill.

In an interview on CP24 on Monday, Rodriguez said the bill won't change "anything" for individual users posting online, just the platforms. Speaking to reporters on Tuesday in Ottawa, he said he's hopeful the bill will become law this week.

"It’s an important bill. It’s time to move on," he said.

Throughout the government's long-promised efforts to update Canada's Broadcasting Act regime, the government has remained adamant that Bill C-11 is focused on ensuring social media and streaming giants are subjected to Canadian content requirements and regulations comparable to traditional broadcasters, and as a result promote and pay their fair share towards Canadian creators.

• Full explainer: Bill C-11, what you need to know about the long-languishing legislation 

While many in the "CanCon" music, film and television industries are backing the bill, alarms have been sounded by certain industry voices, the Conservative party, and platforms such as YouTube, Google and Meta. Bill C-11's critics have suggested that the Liberal proposal could have knock-on effects for content creators, due to the "discoverability" provisions that could see platforms compelled to promote Canadian content.

On Monday, Conservative MP and ardent opponent to Bill C-11 Rachael Thomas tried unsuccessfully to call an emergency debate over takedown requests the government has made to social media companies, alleging that if Bill C-11 passes it would "legislate the government's ability to engage in this type of censorship going forward."

Responding to Thomas' claims during question period, Rodriguez' parliamentary secretary Liberal MP Chris Bittle accused the Conservatives of propagating conspiracy theories.

"Mr. Speaker, we cannot spell conspiracy without 'CPC.'" Bittle said. "Once again, the Conservatives choose to abandon our creators. They stand up for big tech companies and turn their backs on our culture, but we choose to stand up for it."

Complicating the back and forth between those supportive of Bill C-11—who call the concerns being raised as oversimplified, disingenuous and doing the bidding of big tech—and those who are against it is that how exactly the new powers will be enacted is being left to the CRTC to determine, once the legislation passes.