Online News Act

An Act respecting online communications platforms that make news content available to persons in Canada

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment regulates digital news intermediaries to enhance fairness in the Canadian digital news marketplace and contribute to its sustainability. It establishes a framework through which digital news intermediary operators and news businesses may enter into agreements respecting news content that is made available by digital news intermediaries. The framework takes into account principles of freedom of expression and journalistic independence.
The enactment, among other things,
(a) applies in respect of a digital news intermediary if, having regard to specific factors, there is a significant bargaining power imbalance between its operator and news businesses;
(b) authorizes the Governor in Council to make regulations respecting those factors;
(c) specifies that the enactment does not apply in respect of “broadcasting” by digital news intermediaries that are “broadcasting undertakings” as those terms are defined in the Broadcasting Act or in respect of telecommunications service providers as defined in the Telecommunications Act ;
(d) requires the Canadian Radio-television and Telecommunications Commission (the “Commission”) to maintain a list of digital news intermediaries in respect of which the enactment applies;
(e) requires the Commission to exempt a digital news intermediary from the application of the enactment if its operator has entered into agreements with news businesses and the Commission is of the opinion that the agreements satisfy certain criteria;
(f) authorizes the Governor in Council to make regulations respecting how the Commission is to interpret those criteria and setting out additional conditions with respect to the eligibility of a digital news intermediary for an exemption;
(g) establishes a bargaining process in respect of matters related to the making available of certain news content by digital news intermediaries;
(h) establishes eligibility criteria and a designation process for news businesses that wish to participate in the bargaining process;
(i) requires the Commission to establish a code of conduct respecting bargaining in relation to news content;
(j) prohibits digital news intermediary operators from acting, in the course of making available certain news content, in ways that discriminate unjustly, that give undue or unreasonable preference or that subject certain news businesses to an undue or unreasonable disadvantage;
(k) allows certain news businesses to make complaints to the Commission in relation to that prohibition;
(l) authorizes the Commission to require the provision of information for the purpose of exercising its powers and performing its duties and functions under the enactment;
(m) requires the Canadian Broadcasting Corporation to provide the Commission with an annual report if the Corporation is a party to an agreement with an operator;
(n) establishes a framework respecting the provision of information to the responsible Minister, the Chief Statistician of Canada and the Commissioner of Competition, while permitting an individual or entity to designate certain information that they submit to the Commission as confidential;
(o) authorizes the Commission to impose, for contraventions of the enactment, administrative monetary penalties on certain individuals and entities and conditions on the participation of news businesses in the bargaining process;
(p) establishes a mechanism for the recovery, from digital news intermediary operators, of certain costs related to the administration of the enactment; and
(q) requires the Commission to have an independent auditor prepare a report annually in respect of the impact of the enactment on the Canadian digital news marketplace.
Finally, the enactment makes related amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-18s:

C-18 (2020) Law Canada—United Kingdom Trade Continuity Agreement Implementation Act
C-18 (2020) Law Appropriation Act No. 2, 2020-21
C-18 (2016) Law An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act
C-18 (2013) Law Agricultural Growth Act

Votes

June 22, 2023 Passed Motion respecting Senate amendments to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
June 21, 2023 Failed Motion respecting Senate amendments to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada (reasoned amendment)
June 20, 2023 Passed Time allocation for Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
Dec. 14, 2022 Passed 3rd reading and adoption of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
May 31, 2022 Passed 2nd reading of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
May 31, 2022 Failed Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada (amendment)

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:20 p.m.


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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I will rephrase my question. I was giving a passionate speech, and I did not know whether I had 60 seconds to ask my question.

We obviously want to have a solution.

The solution is what is proposed in Bill C‑18, which incorporates certain aspects of bills C‑10 and C‑11. The groundwork has been laid, and this should be acknowledged.

My questions are as follows: What is going on? What can we tell our constituents?

As it stands, we have had only two hours of discussion and debate on such an important bill. I expect to hear an answer from my colleague across the aisle, because this is not the first time this has happened, and my hunch is that it will not be the last. I would like an explanation.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:15 p.m.


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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Madam Speaker, debate happens here in this beautiful House, it happens in committees and it happens in the Senate. Those debates will take place.

We all know how important committee work is. This is where the thorough questions are asked and where we hear from witnesses. I go to committee and appear with great pleasure. A big chunk of the work is done there. What the Conservatives have been doing is trying to jam this place. It is very sad for someone who ran to come here to see what is being done. I am sad when I look at them and even more when I listen to them.

I know they do not like me to be sad, so I ask them to maybe change a little how they do things. Maybe they can participate a bit more in the debates or maybe be bit more constructive and make suggestions instead of trying to jam everything in the House.

Bill C-18 is about democracy and journalism, and Conservatives should support it.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:15 p.m.


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Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, at times in the past, I have supported time allocation when there has been reasonable debate on a particular bill. For government to function, it is important for respectful debate to take place. I agree with the minister about the importance of Bill C-18. In fact, I was looking forward to hearing various perspectives in this place on the legislation.

In this case, as others have shared, we have had a total of two hours of debate on a Friday afternoon before moving to time allocation. Can the minister share why he feels this is so necessary, and why this is the only option available to the governing party to move ahead with respectful debate in this place?

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:15 p.m.


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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Madam Speaker, I have been in this House for a few years now. I have sat on that side for many years, and I know how important the work of the opposition is. However, at that time, as with other members, we respected the House and Canadians.

I think that there is a way to work together respectfully, and I want to commend my official opposition critic who does exactly that. We may disagree on a lot of things, but he is very respectful. He respects the work of committees and the House, and he respects the bill too. I would love the Conservatives to be a little more respectful of the whole process, and we have seen what they have done on Bill C-11 and others.

Now it is time to work for democracy, not against it. A strong, free and independent press reinforces democracy, and that is exactly what Bill C-18 is all about.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:10 p.m.


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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Madam Speaker, my colleague's question highlights what the Conservatives have been doing for weeks and months in trying to jam the work of Parliament in the chamber and in committees. Who benefits from that? No one does. The Conservatives think that they benefit from it, but Canadians do not benefit from what they are doing now.

Now we are talking about Bill C-18, which is fundamental for a strong, free, independent press. I said before that 450 media outlets have closed their doors in the last 15 years, and 64 or 65 have closed in the last two years. This makes our democracy weaker, not stronger.

We have to reinforce it. We have to be able to answer the tough questions, and I want to thank NDP members who are taking this extremely seriously in committees, in their ridings and in meeting with the media. They are bringing back good feedback. They want to collaborate, which is the difference between them and the Conservatives. The NDP wants to collaborate, but they do not.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:10 p.m.


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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Madam Speaker, with all due respect, I would tell my colleague that the bill she is referring to is the former Bill C‑10, which is now Bill C‑11.

Today we are talking about a different bill, Bill C‑18, on which we are generally working quite well with my Bloc Québécois colleagues, and in particular the member for Drummond, who is the Bloc Québécois's heritage critic and who works very hard and very diligently on everything that he does, including as a member of the Standing Committee on Canadian Heritage.

I thank the Bloc Québécois for highlighting the freedom of the press and for emphasizing that the media must be independent and that print media must be strong and autonomous. That is precisely the purpose of Bill C‑18, which would enable the media to not only survive but also succeed. The bill would also ensure that the media is strong not only in major cities, but also in the regions. We are talking about media in all forms, big, small, print, radio or television.

Together, all these forms of media help strengthen our democracy. Journalists representing these media outlets ask us tough questions here, questions that we sometimes do not want to answer, but it is our job to do so. That is why we need to ensure that these media outlets survive and grow even stronger in the future.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:10 p.m.


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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I have not been a member of the House for all that long, so I would like someone to explain to me what has been happening here over the past few weeks.

I would like to start by saying that we want to work to find solutions to what is happening to our media. The groundwork was laid during the previous Parliament, and we knew where we wanted to go. However, the Liberals called an election and we had to start over. The previous bill that has now become Bill C-18 still contains some of the same elements with no changes. However, we need to find a solution, and we need to do it fast, because billions of dollars are being lost and we need to protect freedom of expression and our media.

There is one other thing. I would like the member opposite to explain to me the point of these incessant motions. Not a day goes by that I do not have to try to explain to my constituents and even to my children what is happening with the legislative process in this session of the House.

I would like to know what we can expect in the coming days. What is the point of constantly challenging democracy, when we have a duty to debate each bill fully?

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:05 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

moved:

That, in relation to Bill C-18, An Act respecting online communications platforms that make news content available to person in Canada, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill;

and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-18—Notice of Time Allocation MotionOnline News ActGovernment Orders

May 20th, 2022 / 1:10 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, on a point of order, for the record, in response to the Minister of Public Services and Procurement, as the shadow minister responsible for Bill C-18, I was not consulted on time allocation for this bill.

Bill C-18—Notice of Time Allocation MotionOnline News ActGovernment Orders

May 20th, 2022 / 1:10 p.m.


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Hamilton West—Ancaster—Dundas Ontario

Liberal

Filomena Tassi LiberalMinister of Public Services and Procurement

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Furthermore, I am tabling government responses to Questions Nos. 461 to 464.

Business of the HouseOral Questions

May 19th, 2022 / 3:10 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I will associate myself with my hon. colleague in wishing all members a productive week in their constituencies as the weather improves and we are able to participate more and more in events.

I would also like to take the opportunity to thank the House for the important progress that has been made on our legislative program over the last week. I know we have had a lot of late nights, but we are seeing a lot of important legislation being adopted, so I am appreciative of the House and the work it is doing.

This evening we will consider, in committee of the whole, the estimates of the Department of Public Works and Government Services. Tomorrow it is our intention to call Bill C-13, regarding the Official Languages Act. I would also like to inform the House that we will be tabling supplementary estimates tomorrow.

When we come back from working in our constituencies during the week that was aforementioned, we will be entering into the most intensive part of the parliamentary calendar, as we look toward the end of June. On Monday we will return to second reading of Bill C-18, respecting online news remuneration. The second estimates debate, this time for the Department of Fisheries and Oceans, will take place that evening as well. Tuesday shall be an allotted day, and I will be in further communication with the members opposite about additional business for that week, including our intention to hold a debate on the procedures of the House pursuant to Standing Order 51.

Business of the HouseGovernment Orders

May 12th, 2022 / 4 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I am always happy to stand and answer a Thursday question, even when the member opposite is not excited to ask it.

This evening, we will continue, and hopefully complete, debate at second reading of Bill C-13, concerning official languages.

Tomorrow, we will commence debate on Bill C-18, an act respecting online communications platforms that make news content available to persons in Canada. We will return to this debate next Wednesday.

At noon on Monday, we will resume debate on Bill C-14, which deals with electoral representation in Quebec.

Next Tuesday and Thursday shall be allotted days.

Finally, pursuant to Standing Order 81(4), I would like to designate Thursday, May 19, for consideration in committee of the whole of the main estimates for the Department of Public Works and Government Services. Furthermore, the debate for the Department of Fisheries and Oceans will take place on the evening of Monday, May 30.

If the member opposite has any ideas on how to make this place work or has any ideas on how we can improve legislation, I am always here to hear it. Unfortunately, to this point in time, nothing has come forward.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:15 p.m.


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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, we are discussing Bill C-11, and maybe the member did not hear me talk earlier about some of the issues we had specifically with Bill C-11, such as proposed subsection 4.1(2), which talks about an exception to the exception and some of the criteria that the CRTC has laid out on what could be admissible under the new Broadcasting Act and what may not be admissible. There are issues we have with the bill we are talking about right now. I laid that out quite cleanly in my opening remarks, when we were talking about this bill, which is Bill C-11, and we will debate Bill C-18 another time. I look forward to having that discussion with the hon. member, when that is the actual bill we are supposed to be discussing on the floor.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:15 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, the member for Regina—Lewvan talked a lot about how much money is going to Facebook for advertising, and the previous Conservative speaker mentioned Bill C-18, which is where the rubber hits the road on the point of how we get value out of Facebook and other web giants for that advertising.

In Australia, 81% of their advertising was going to Google and Facebook, and the previous speaker seemed to intimate that their legislation was a failure, but it has produced revenues of over $100 million, it has allowed dozens of journalists to be hired and it covers 50% of editorial costs. That does not sound like a failure to me. It sounds like, for all the money everybody here in Canada pays Facebook and other web giants for advertising, we would get something back out of it through Bill C-18.

Online Streaming ActGovernment Orders

May 11th, 2022 / 6:50 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, the Internet is an incredible invention. We have all the information in the world in the palm of our hands. Just as the creation of the printing press in the 1400s changed the course of history forever by allowing information to be disseminated to the masses, rather than just to the elites of society, bringing literacy to millions of people, so too has the Internet revolutionized how we exchange ideas and amplify our voices. It has brought freedom of knowledge and expression to billions of people.

Before the printing press, censorship of dangerous ideas by the elites was easy. All one had to do was round up the heretics who held fringe or unacceptable views, hang them high in town square and burn their handwritten notebooks. With the use of the printing press, dangerous ideas could be shared far and wide, leading to the Protestant Reformation, the scientific revolution, the French Revolution and the age of enlightenment, just to name a few.

Likewise, the Internet and social media have helped spark political revolutions and political movements. They have empowered brave resistance to foreign dictators, like our Ukrainian friends against Vladimir Putin and their courageous fight. Social media has helped empower that and allows for the exchange information at a rapid pace.

We really do live in extraordinary times. This is especially true for our online Canadian content creators. “Influencer” is now a career choice, and Canadian musicians, painters, bakers, commentators and do-it-yourselfers can access billions of people to share their ideas and creations with the click of a button. All one needs is an Internet connection and a smart phone.

Actually, one needs one more thing. They need a government that believes in their freedom to do so. Unfortunately, Canadians are experiencing a government that is trying desperately to control the Internet.

From the very wild and extreme online harms bill, to Bill C-18, the online news act, and now Bill C-11, the online streaming act, which we are debating today, Canada's Liberal government is really butting into every aspect of our online world. It is proclaiming it is here to help and that it will show those big, scary boss streaming services, such as Netflix and Spotify, who the boss is and save us all from the scary, dangerous ideas on the Internet.

In reality, these three Internet bills all have the same aim, which is to regulate what we see when we open our cell phone apps. Canadians may remember how Bill C-10 exploded in controversy last year, but it died on the Order Paper. It is back now in Bill C-11, and while the Liberals claim they have fixed the concerns we had with Bill C-10, Bill C-11 is really just a wolf in sheep's clothing.

The issue with Bill C-10 was its control of user-generated content, the posts and videos that we share and upload on social media. The Liberals say that issue was removed in Bill C-11, but experts do not agree. Notable communications law professor Michael Geist has pointed out that the CRTC has the power, with Bill C-11, to subject user-generated content to regulation, should it so choose.

If folks at home are asking what the CRTC is, it is the Canadian Radio-television and Telecommunications Commission, which has heavily controlled what we have seen on TV and heard on the radio over the past 50 years. Bill C-11 essentially expands the CRTC's powers not only to streaming giants such as Netflix and Spotify, but also to the podcasts, audiobooks and news channels we consume online. It will not just control Canadian-produced versions of those things, but anything coming from anywhere in the world that Canadians want to consume online in Canada.

More than that, Bill C-11, in fact, provides the Liberal cabinet the power to tell the CRTC how to regulate streaming platforms, how to define what Canadian content is and the general policy direction of these Internet controls. It is important to note that cabinet does not have this power currently over TV and radio. This will be a new power. Under the existing law, the CRTC is not directed by cabinet. It is independent, so it can be free from political interference, which is very important. However, this will no longer be the case under Bill C-11. Cabinet will have power over what we see on Internet, which represents an unprecedented expansion of government power.

The bottom line is that Canadian creators have more freedom now, before this bill comes in, than they ever did before with TV and radio. One can become a YouTube star. It is far more accessible than trying to break into network television. Why would the Liberals want to impose the same CRTC regulations they have on TV and radio onto our online platforms? It really does not make sense if we are talking about boosting our Canadian content creators. We know that over 90% of those who are watching our Canadian content are from outside of Canada.

The number of influencers online in Canada earning $100,000 a year or more is rapidly increasing every single year. I really do believe the last thing our online content creators need is the Liberal government sticking its fingers into the regulation controls and messing around with the algorithms that have facilitated the ability of our homegrown creators to share their content with the world.

YouTube, in fact, has alerted the online community and has issued strong warnings to the Liberal government about the negative impacts of Bill C-11, warning that it risks downgrading Canadian content in other countries. If we artificially bump up Canadian content here, and if for whatever reason that Canadian content is not catching the interest of Canadians, the algorithm will actually downgrade that content abroad in competing markets, such as the United States, for example, which a lot of influencers in Canada depend upon.

I do feel that Bill C-11 is not the only thing we need to be worried about. It is worrisome, but there are two other bills as well. There is Bill C-18, which is the online news act, and it has some issues. It has been criticized as interfering in the independence of our news media because it controls how we share news articles on platforms such as Facebook by forcing these platforms to pay news agencies every time we share a news article. Lots of people share news on their Facebook platforms. It is odd this bill would be needed, because this practice is great for news agencies. When one shares their content, it takes us right to their website. It is free advertising.

Australia tried to do the same thing as what is proposed in Bill C-18. Facebook played hardball and banned all sharing of news articles on Facebook until it was able to negotiate something with the Australian government. There are serious issues here. Facebook raised in committee that it is not opposed to doing the same thing in Canada.

Bill C-18 is really just more control from government, but it is not even half as bad as the online harms bill. This is a very scary Internet control bill. In the last Parliament it was known as Bill C-36, and it died on the Order Paper when that unnecessary $600-million election was called, but the Liberals are trying to bring it back again.

It is important to say I welcome a conversation on how we can better fight terrorism organizing online and better enforce existing laws concerning things that are considered fraud, libel, inciting violence, and in particular, child pornography or the sharing of intimate images online without consent. Those are all very important conversations and legitimate issues that need to be addressed.

However, the online harms bill would create a government regulator of speech on the Internet that would decide what is harmful and must be removed. It would be very subjective, depending really on who is behind the curtain dictating what is harmful. Andrew Coyne, in the Globe and Mail, said the bill is “direct state regulation of [online] content”. This is pretty significant.

Twitter said this, which is really concerning:

People around the world have been blocked from accessing Twitter and other services in a similar manner as the one proposed by Canada by multiple authoritarian governments (China, North Korea, and Iran for example) under the false guise of ‘online safety,’ impeding peoples’ rights to access information online.

Twitter is literally comparing this online harms bill to China, North Korea and Iran. It is pretty shocking.

The Liberals are throwing around terms like “misinformation” and “disinformation” whenever they do not like something we say, and we know free speech is constantly under attack. Anything one says these days can offend someone. I am concerned about what bills like Bill C-11 and the online harms bill would do to our freedom of expression online.

Although society has evolved, before the creation of the printing press, the establishment would essentially murder heretics with unacceptable views and burn the books later on. We are not immune to authoritarian control of our freedom of expression.

We would also do well to remember rights and freedoms are not always eliminated in one fell swoop. Often governing authorities will just pick at them bit by bit under the guise of it being for our own good, telling us that they know better than us and they will keep us safe. We have seen this happen in China and it is happening in Hong Kong.

Considering that when he was asked which country in the entire world he most admires, our Liberal Prime Minister said China's basic dictatorship because of its ability to get things done, we should listen when the Prime Minister tells us who he really is. With these three Internet control and censorship bills, I do believe he has made his intentions quite clear. We should all be very, very concerned.