Understanding Internet Regulation in Canada
by Alexander Howes
There have been several recent movements in Canada surrounding internet regulation. As nations around the world continue to develop policies that protect their citizens, it is important to be aware of what and who is being protected. In Canada, legislation is currently in the process of being enacted to protect Canadians online. What follows is a brief summary of who is in charge and what is being done.
Why it matters
Each day, online users provide an increasing amount of data to private companies. Besides basic identifying information (name, age, etc.), companies can also track your online behaviour, habits and preferences. This data is often grouped, sometimes anonymized, and sold to other companies. Check out the Digital Tattoo tutorial on data mining to learn more about this.
During the pandemic, as users spend more time online and create even more data, profits often take priority over users’ data safety and security. To that end, our governments, as regulators, have obligations to protect us.
Who is in Control?
The internet has evolved to become an expansive and complex network. As such, the structures of the federal government have not exactly kept up with the internet’s development, leaving regulation spread across various, disparate government bodies. In Canada, internet regulation currently falls under three broad areas of government:
Ministry of Heritage
The Ministry of Heritage has a large and growing mandate. Heritage includes traditional programs and services like television and radio (i.e. CBC) and funding for museums and galleries. However, over the years heritage has also expanded to include the internet and the content that’s created on the internet.
The Ministry of Heritage is currently proposing Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. Through this legislation, the Ministry is striving to accomplish a few goals through the updating of the Broadcasting Act, which has existed since 1991. One goal is to better define the internet and how it factors into the Canadian media landscape and economy. [1] Another overarching goal of Bill C-10 is to better regulate private content-creating companies Prior to Bill C-10, these companies had been under-regulated and poorly understood in a Canadian context.
As of May 2021, as Bill C-10 makes its way through the legislative process, more revisions are being made to make the Bill more inclusive and definitive, such as the focused inclusion of indigenous communities. Bill C-10 would require professional content creators such as YouTube to set aside funds directly for Indigenous producers in Canada to create and share content. Heritage Minister Steven Gilbeault says “…the Broadcasting Act needs to reflect and embrace Indigenous cultures, Indigenous music and Indigenous productions in a way it has never before”. [2]
Innovation, Science, and Economic Development
The ISED department also regulates the internet. In this department, the internet is seen as a economic driver. ISED has a mandate to improve competition and foster innovation, with the internet being a key factor for regulation. ISED also has a mandate to protect the data of Canadians through regulation of private companies operating in Canada.
Bill C-11: Digital Charter Act is currently on its way to becoming legislation. Bill C-11 aims to “significantly increase protections to Canadians’ personal information by giving Canadians more control and greater transparency when companies handle their personal information”.
Treasury Board Secretariat
Lastly the Treasury Board Secretariat (TBS) regulates all online government services for public servants, politicians, and all Canadians. These services can include Government of Canada websites, databases, document and email servers, and more. TBS regulates the internet through the Privacy Act and protects all information that Canadians share with the federal government.
The Privacy Act, enacted in 2018, aims to provide enhanced protection for Canadians within its government institutions. Through frequent reporting and risk management, this arm of the federal government operates as managers for your data within the federal government.
What is of Concern?
As the internet continues to impact our digital and physical environment, commentators are keen to scrutinize any regulation that aims to improve or protect the data and privacy of its citizens. Federal internet regulation in Canada is no exception. One concern is that regulation such as Bill C-11 does not go far enough to protect privacy.
Another concern is that any regulation of the internet has the potential to impact free speech. The intent of Bill C-10, for example, is to help promote Canadian content through the regulation of professional content creators, such as Netflix and YouTube. Where there is concern is that on many of these platforms, users are the ones creating the content. Would federal regulation impact what a user is able to upload and have viewed? These are the details currently being discussed.
What can you do?
The Covid-19 pandemic has impacted our abilities to stay civically engaged. Staying engaged in the discussion of internet regulation can take several forms.
- Stay informed: Follow the discussion through the channels of your choice and – most importantly – consider the source of the information. Check out Digital Tattoo’s guest post “Fake News! Who Cares!” to learn more.
- Contact your MP: If you are staying informed and would like your voice heard, contact your federal MP. This person is your direct link to parliament and can advocate for your stance.
- Know your rights: In Canada, citizens are protected by the Charter of Human Rights and Freedoms. These rights pertain to freedom of speech and protection from discrimination, including those from marginalized backgrounds. Knowing your rights can help to inform you and support those in your community.
As Canada joins other global nations in the movement to better protect its citizens online, we may soon see more advocacy for online privacy, diverse digital cultures and fairness worldwide. What kinds of changes would you like to see in Canada’s federal digital privacy laws?
Want to learn more about Canada’s changing digital privacy laws? If so, check out Digital Tattoo contributor Rachael Bradshaw’s post exploring Bill C-10. And be sure to check back on our blog in a couple of weeks to read guest contributor Olivia Done’s post on the upcoming changes to Bill C-11 and what they will mean for online data collection
References
[1] Government of Canada (2020, November 19). Charter statement BILL C-10: An act to amend the Broadcasting act and to make consequential amendments to other acts. Retrieved May 04, 2021, from https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c10.html
[2] Johnson, R. (2020, November 19). Proposed changes to Broadcasting Act have Indigenous producers cautiously Optimistic | CBC News. Retrieved May 04, 2021, from https://www.cbc.ca/news/indigenous/bill-c10-indigenous-broadcasting-1.5808247
[3] Jones, R. P. (2021, April 30). Why you should care about Ottawa’s move to regulate online content | CBC News. CBCnews. https://www.cbc.ca/news/politics/bill-c10-user-generated-content-1.6007192
[4] Lynne Ashton, K. (2021, February 23). “Bill C-10: Modernizing the Broadcasting Act”. Retrieved May 04, 2021, from Canada Media Fund/Fonds Des Medias du Canada: https://cmf-fmc.ca/now-next/articles/bill-c-10-modernizing-the-broadcasting-act/#:~:text=The%20Bill%20makes%20a%20further,’as%20resources%20become%20available’ .
Written by Alexander Howes
Edited by Rachael Bradshaw
Featured image Labor Law Lawyer by Mohamed Hassan via Pixaby License
People said…