Bill C-18

Online News Act

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

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.

Sitting Resumed

[Claude DeBellefeuille, Bloc, Salaberry—Suroît, QC]

Madam Speaker, I am pleased to rise and speak this evening—although I must say the hour is late, almost 9 p.m.—to join the debate on Bill C‑47.

Before I start, I would like to take a few minutes to voice my heartfelt support for residents of the north shore and Abitibi who have been fighting severe forest fires for several days now. This is a disastrous situation.

I know that the member for Manicouagan and the member for Abitibi—Baie-James—Nunavik—Eeyou are on site. They are there for their constituents and represent them well. They have been visiting emergency shelters and showing their solidarity by being actively involved with their constituents and the authorities. The teamwork has been outstanding. Our hearts go out to the people of the north shore and Abitibi.

Tonight, my colleague from Abitibi-Témiscamingue will rise to speak during the emergency debate on forest fires. He will then travel back home to be with his constituents as well, so he can offer them his full support and be there for them in these difficult times.

Of course, I also offer my condolences to the family grieving the loss of loved ones who drowned during a fishing accident in Portneuf‑sur‑Mer. This is yet another tragedy for north shore residents. My heart goes out to the family, the children's parents and those who perished.

Before talking specifically about Bill C-47, I would like to say how impressive the House's work record is. A small headline in the newspapers caught my eye last week. It said that the opposition was toxic and that nothing was getting done in the House. I found that amusing, because I was thinking that we have been working very hard and many government bills have been passed. I think it is worth listing them very quickly to demonstrate that, when it comes right down to it, if parliamentarians work together and respect all the legislative stages, they succeed in getting important bills passed.

I am only going to mention the government's bills. Since the 44th Parliament began, the two Houses have passed bills C‑2, C‑3, C‑4, C‑5, C‑6, C‑8 and C‑10, as well as Bill C‑11, the online streaming bill. My colleague from Drummond's work on this bill earned the government's praise. We worked hard to pass this bill, which is so important to Quebec and to our broadcasting artists and technicians.

We also passed bills C‑12, C‑14, C‑15, C‑16, C‑19, C‑24, C‑25, C‑28, C‑30, C‑31, C‑32, C‑36 and C‑39, which is the important act on medical assistance in dying, and bills C‑43, C‑44 and C‑46.

We are currently awaiting royal assent for Bill C‑9. Bill C‑22 will soon return to the House as well. This is an important bill on the disability benefit.

We are also examining Bill C‑13, currently in the Senate and soon expected to return to the House. Bill C‑18, on which my colleague from Drummond worked exceedingly hard, is also in the Senate. Lastly, I would mention bills C‑21, C‑29 and C‑45.

I do not know whether my colleagues agree with me, but I think that Parliament has been busy and that the government has gotten many of its bills passed by the House of Commons. Before the Liberals say that the opposition is toxic, they should remember that many of those bills were passed by the majority of members in the House.

I wanted to point that out because I was rather insulted to be told that my behaviour, as a member of the opposition, was toxic and was preventing the work of the House from moving forward. In my opinion, that is completely false. We have the government's record when it comes to getting its bills passed. The government is doing quite well in that regard.

We have now come to Bill C-47. We began this huge debate on the budget implementation bill this morning and will continue to debate it until Wednesday. It is a very large, very long bill that sets out a lot of budgetary measures that will be implemented after the bill is passed.

I have no doubt that, by the end of the sitting on June 23, the House will pass Bill C‑47 in time for the summer break.

What could this bill have included that is not in there? For three years, the Bloc Québécois and several other members in the House have been saying that there is nothing for seniors. I was saying earlier to my assistant that, in my riding of Salaberry—Suroît, we speak at every meeting about the decline in seniors' purchasing power. I am constantly being approached by seniors who tell me—

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

Yes. I want to thank you personally, Mr. Julian, for all your work on Bill C-18 and the support you gave us—the NDP, but you more at a personal level—because the work we did collectively is super-important.

In too many regions, those papers—and Mr. Shields mentioned it—are struggling or disappearing. In some cases, an MP goes back home and there's no one to cover it, and that's bad for democracy. People should know what's happening in their city hall and what their MLA is doing, what their MP is doing.

That's why we're going to be reinforcing those small papers through Bill C-18, and that's why collective bargaining is so important and why it has been included in that bill.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Okay.

We're going to come through Bill C-18. The NDP fought hard to get a number of amendments to stimulate local journalism. I want to shout out to the New West Anchor, the Burnaby Beacon, Burnaby NOW and the Royal City Record, all of whom will benefit from this.

Is it in the plans of the government to have those voices and that local journalism revived after years of having big tech suck all the advertising money out of communities? Is it your plan to ensure that Canadians are aware of how we are reviving the local journalistic sector and uniting people in their communities?

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

This is a very topical issue. We can also see it with the advent of artificial intelligence and the increased risk of disinformation.

It's not up to the government to say what disinformation is or is not, i.e., that such and such a message is disinformation and such and such is not. There's an element of debate in all this.

There are several answers to your question. One of the main answers is Bill C‑18. Indeed, it reinforces a free, independent, autonomous and impartial press that likes to dig, does research, writes and disseminates information based on facts.

We're also setting up other programs. I'm thinking, for example, of the programs we've implemented to foster civic education, to help young people and different groups recognize what might be disinformation.

However, at no time would it be for the government to say that it knows what is true or not. We agree on that.

We need to help institutions that give the public access to valid, factual information.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Thank you, Mr. Chair.

Today, as during all discussions regarding bills C‑11 and C‑18, we have often heard disinformation from large technology companies, who want nothing to do with these bills.

In the coming months, with the implementation of bills C‑11 and C‑18, it will be even more important for Canadians to know exactly what's in these bills.

What are you going to do, Minister, to counter this disinformation often promoted by interests with enormous resources?

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

Some of them have, absolutely. We know that. That's perfect. Do you know why some of those deals were made? It was because they knew that Bill C-18 was coming.

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

First, Bill C-18 is not in place, so it's going to be a game-changer. Second—

[Martin Shields, Conservative, Bow River, AB]

The Parliamentary Budget Officer, going back to a previous question I asked, said with regard to Bill C-18 that the majority of the revenues have already been accounted for in deals made with the CBC, Rogers and Bell. It was the PBO who said that.

Now, I know your staff is saying that the CRTC is going to take a look and see if that's representative, but do you understand that the PBO has said that deals with CBC, Rogers and Bell have already been made for the majority of the money?

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

Thank you, Mr. Champoux.

We're doing several things, and we're doing them together, by the way. Bill C‑18 is one part of it, as well as the payroll funds and—

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

It's part of the solution, but not the whole solution. Bill C-18 will help those small papers because they can negotiate and they can have collective bargaining negotiations. This gives them way more strength to sit at the same table as giants like Google and Facebook.

There's also the periodical fund they have access to. They have access to the credit for newsrooms, the $600 million. There's a series of programs. We're looking at how to help them even more, because they're fundamental to our democracy. Even the smaller ones have their roles to play.

[Tim Louis, Liberal, Kitchener—Conestoga, ON]

Thank you.

One thing I took out of it was that there are larger organizations and then there are smaller organizations, lots of self-employed and small companies, theatre companies, that all need support at the same time. I was very happy to hear that discussion happening at all levels.

We faced challenges to overcome the pandemic in a culture that asks to bring people together, and all of a sudden we were unable to do that. Those were the challenges we had to overcome, but there are also some potential gains we can make moving forward. I think legislation like Bill C-11 and Bill C-18 will be very important to modernize how we support our cultural sector, so I do appreciate that.

We talked about Bill C-18 and supporting papers, so I wonder if you could expand on that, because in my riding of Kitchener—Conestoga we have those small weekly papers, and they are feeling the lack of advertising revenue and are having trouble keeping people on staff and staying afloat. Can you expand on how those small papers are going to be supported by Bill C-18? Maybe use Australia as an example of how legislation similar to this has worked in other countries.

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

First of all, I want to thank you, Mr. Louis, for your contributions, not only on this committee but in different conversations. You're an artist, and I have a lot to learn from you. I think we have a lot to learn from you. You know your stuff probably more than all of us, so thank you very much for what you've done.

It's the same as Ms. Hepfner's knowing the media sector extremely well, and it's been extremely helpful to have her with us to prepare Bill C-18.

Probably the most important thing was just seeing each other at that summit. Remember, that was in the middle of the pandemic. It was a year ago in the month of May. It was cute to see our faces on screens, but the fact is that we gathered 400 people from all over the country, specialists in museums, music, movies, television and books. It was simply amazing to have the human contact and the chance to share our point of view and our best experiences. There were things that were done in B.C. that we could learn from, and other things that were done in Quebec that we could learn from. I think it was the perfect forum to share those experiences and the challenges of the future.

I was discussing earlier today the fragility of the sector, the job situation and the instability. How can we help these people who want to follow their passion so that they don't have to leave their jobs and go work in a restaurant or anywhere else? I know they're all good jobs, but they're not doing what they love, what their passion is, so how can we help them? How can we offer more support, comfort and stability to a mother who is a ballet dancer but doesn't have the stability required to pay the mortgage, the rent, and this and that?

I think that it was very welcomed by all the sectors. I think all of us learned quite a lot, and that also helped us put in place some of the programs that followed to help in terms of support during the pandemic.

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

I think you're referring to Bill C-18, Madam Gladu.

We've had many discussions. Those who know me know that my door is always open. A lot of them have my cellphone. I'm always ready to discuss with them, with their representatives. My team and our public servants have been discussing with them all the time, and my door is still open.

I don't like this impression of confrontation. We may disagree on stuff, but there is still a lot of stuff we can do together. My door is still open to see if we can discuss.

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

Part of the answer is in the hands of our friends at the Conservative Party, because it depends on what they do. Last time they took a lot of time. They wanted to really reflect on Bill C-11. I think they did that. Now they want to really reflect on Bill C-18.

In a way, Bill C-18 is a game-changer for our independent media and newsrooms. As I've said before, please keep reflecting on the importance of an independent press, a free press, a non-partisan press, in all different forms, for fighting disinformation, informing Canadians and searching for the truth.

These people are professionals who have devoted all their lives to this, but now the money has now gone to the big techs, and we have to find something that is fairer for the system.

[Lisa Hepfner, Liberal, Hamilton Mountain, ON]

Very good.

As you know, I'm a former broadcast journalist and I have spoken to many stakeholders about Bill C-18. I was very honoured to play a big role in helping shape the legislation and work on that legislation here at this committee. The Canadian Association of Broadcasters were here on the Hill a couple of weeks ago, and all I'm hearing now from stakeholders is, “Thank you for getting Bill C-18 through the House. When will it take effect?”

Please tell us about the next steps for Bill C-18. We know it's at the Senate right now. Is there a date we can expect it to actually take effect?