Minister of Canadian Heritage Pablo Rodriguez has rejected a number of the Senate’s amendments to Bill C-11, including changes around regulation of Canadian programming, the CBC, and user-generated content.

Minister Rodriguez published a motion for the the House of Commons’ response on Tuesday (March 7), just over a month after the Senate passed Bill C-11, a.k.a. the Online Streaming Act, at third reading. The bill was tabled in February 2022 to modernize the Broadcasting Act for the first time in more than 30 years in order to bring online platforms such as Netflix and Disney+ under CRTC regulation.

The list of amendment rejections and approvals is scheduled for debate in the House of Commons on Wednesday (March 8), after which it will be sent back to the Senate.

Of the 26 amendments passed by the Senate, the House listed six that it “respectfully disagrees” with, and suggested further amendments to another two.

Among the rejected amendments was an addition to clause 11 intended to add flexibility to the definition of Canadian content in CRTC regulation, reducing the prominence of factors such as whether the content is owned by a Canadian independent producer or has Canadian key creatives involved.

The amendment was rejected “because the principle that Canadian programs are first and foremost content made by Canadians is, and has been, at the centre of the definition of Canadian programs for decades, and this amendment would remove the ability for the CRTC to ensure that that remains the case.”

Another rejected amendment was a change to the much-debated clause 4.2, which removed an exemption that would allow the CRTC to regulate programming on social media platforms that “directly or indirectly generates revenues.”

The clause has been highly criticized over its potential to allow user-generated content on social media to be regulated, despite assurances from the Heritage Minister and then-CRTC head Ian Scott that the CRTC has no such plans.

That amendment was rejected on the basis that it “would affect the Governor in Council’s ability to publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services with respect to their distribution of commercial programs, as well as prevent the broadcasting system from adapting to technological changes over time.”

Other rejected amendments included a removal of a provision that would allow the CRTC to impose conditions around specific program genres; an addition that would remove the CBC’s ability to broadcast advertorial content; an added provision change that would require online undertakings to enforce age-verification methods; and a change to the definition of “community element.”

The document also proposed a removal of one amendment in clause 16 that would require the CRTC to hold additional public hearings, arguing that an “obligation to hold a public hearing both before and after decisions are taken by the CRTC will entail unnecessary delays in the administration of the Act.”

Rodriguez previously told delegates at Prime Time in Ottawa last month that he expected most of the Senate amendments would be accepted, except in conditions where they don’t meet the “objective” of the bill to ensure a level playing field between Canadian and foreign entities in the screen sector.

There has been a mixed response to the amendment rejections as of Wednesday. The Documentary Organization of Canada issued a statement in support of two of the rejected amendments around programming genres and the definition of Cancon, noting that it “ensures that the guiding light for future definitions of Canadian content will continue to be Canadian creators.”

Scott Benzie, director of the advocacy group Digital First Canada, criticized the move to strike the amendment to clause 4.2, stating that “thousands of digital creators have raised the alarm and shared their concerns with policymakers. It’s shocking that the Senate’s sober second thought was dismissed, and that the government continues to act as though digital creators are not legitimate artists and entrepreneurs.”