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.

Online News Act

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

moved:

That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, the House:

agrees with amendments 1, 2, 3, 6, 7, 8, 9 and 10 made by the Senate; and

respectfully disagrees with amendments 4 and 5 because they undermine the objectives of the bill, which focus on encouraging fair deals that reflect what each party contributes to, and how each party benefits from, the making available of news online, and narrow the scope of the bargaining process and the key factors guiding final offer arbitration decisions;

Madam Speaker, first of all, I would like to thank all parliamentarians for their important work on this bill, starting with the members of the House of Commons Standing Committee on Canadian Heritage and also the senators who sit on the Standing Committee on Transport and Communications. In particular, I would like to thank Senator Harder, who did a truly remarkable job as the sponsor of the bill in the Senate.

Last, but certainly not least, there is my incredible, formidable parliamentary secretary, the member for St. Catharines. I thank all of them so much.

I have said it in the past and it bears repeating today: Since 2008, more than 500 media and newsrooms have closed their doors in 335 different communities all across the country. There are very few members who have not had a newsroom in their riding close. It affects us all. We are talking about local newspapers, television stations, local radio stations and news sites.

We discussed this here last week when Bell announced the closure of radio stations and the elimination of 1,300 jobs. Furthermore, we will recall, especially my Quebec friends and colleagues, that not so long ago Québecor announced 240 job cuts, including 140 at TVA. We are talking about real people who lost their jobs.

This bill is about them. It is also about the future of the news industry in our country. It is about upholding our democracy, because our democracy, or any democracy, needs a free, independent and thriving press. We all rely on fact-based and timely news to make rational decisions to counter misinformation and to participate in our democracy. Today, I would say, it is more important than ever.

We all know that the Internet has dramatically changed the way we create, search and consume content, especially when it comes to news. We see that more and more Canadians are using digital platforms to stay informed, and 77% of Canadians consume their news online, including 55% of them doing so on social media. We can see the impact right here. Meanwhile, our traditional news sector is in crisis; we all know that. It is very clear to all of us that there is a big power imbalance in our news marketplace, and the actions of the big platforms, as we have seen very recently, are a clear demonstration of this. Right now, there is absolutely no incentive for digital platforms to pay our news businesses and our journalists fairly for their content. Everything I have just mentioned here has a direct impact on our ability as Canadians to access reliable news.

The bill proposes practical measures to respond to everything I just said. It proposes to put an end to the status quo because it is not working, as we have clearly seen. When we are talking about nearly 500 newsrooms or news media outlets, whether big or small, in cities or in the regions, that have closed their doors, we clearly see that the status quo is not working at all. We therefore need to take strong, definitive action.

Bill C‑18 sets out clear criteria that the platforms must meet in their negotiations with news organizations. I hope it will be passed in the coming days with the help of my colleagues here and the administrators.

As soon as the law is passed, we will consult with Canadians, who will get to have their say. It is essential that Canadians have a say because this bill is partly about them. Basically, we are talking here about access to good quality, reliable, neutral, independent and non-partisan news. We are talking about local journalism, one of the pillars of our democracy. Because of that, we obviously want Canadians to express their opinions and have their say. It will therefore be a completely transparent process.

During their study of the bill, senators made 12 amendments to Bill C-18.

There is a provision to have the entire act come into force within six months of royal assent. There is also a guarantee that no media will be required to take part in this if it does not want to. Then there is the addition of provisions on official language minority communities, as well as Black, indigenous and other communities.

There are some important and interesting amendments that are in the spirit of the legislation that I would say improve the legislation. We propose supporting 10 of these 12 amendments, which is a lot. I want to take this opportunity to thank the senators for their work, in particular Senator Harder who, as sponsor, did extraordinary work. I thank him and the members of the committee and all senators. We are support 10 out of the 12 amendments.

The only one we cannot support is an amendment that would force negotiators to set boundaries on bargaining by setting a simple value for news content and limiting negotiation over other items of value. Currently, the legislation intentionally would not set boundaries on what parties can negotiate on. This would allow them to bargain over the elements outside the scope of news content if they want.

If you do not want to take my word for it, Madam Speaker, which I am sure you and everyone in this room would want to, but just in case—

Bill C-42—Time Allocation Motion

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, I am thankful for this opportunity to speak to this closure motion. It is very disappointing, yet nothing new, that we are seeing this from government, since it has consistently used every opportunity it can, in coordination with its coalition partners, to silence not only members of the House but also the Canadians they represent.

We do not have enough time to present our opinions. I want to say that again for both English- and French-speaking Canadians because our debates are held in both official languages. Unfortunately, this process is not new to this House.

It is not surprising, unfortunately. We have seen this with a number of other bills. In addition to limiting speech, and we certainly know that we are going to have an opportunity to talk about the limitation of speech with Bill C-18 also coming forward in the House, we also see the limitation of democracy across the country, not only with foreign interference but also with Bill C-11.

The silencing of members of the House, as well as of Canadians, is nothing new, so I would like to say that it is very disappointing, especially as we go into the summer holidays. We are very limited in the amount of time that we have to have these important conversations for Canadians.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I am very glad to respond on behalf of the government.

This afternoon we will continue debate on Government Business No. 26, concerning amendments to the Standing Orders. When debate concludes later this evening, we will consider Bill C-35, respecting early learning and child care, followed by Senate amendments to Bill C-9, concerning the Judges Act.

Tomorrow we will consider Bill C-42, respecting the Canada Business Corporations Act, at report stage and third reading, and Bill S-8, respecting sanctions.

The priorities for next week shall include Bill S-8, on sanctions; Senate amendments to Bill C-18, respecting online news; Bill C-40, concerning the miscarriage of justice review commission act, also known as David and Joyce Milgaard's Law; and Bill C-33, which strengthens the port system and railway safety.

Thursday shall be an allotted day.

Finally, I request that the ordinary hour of daily adjournment for the next sitting be 12 midnight, pursuant to order made Tuesday, November 15, 2022.

News Media Industry

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, our government will always be open to new solutions. We will always look at what more we can do and what we can do better.

However, when we introduced the Canadian journalism labour tax credit, the Conservatives were against it. When we created the Canada Media Fund for the regions, the Conservatives were against it. When we introduced Bill C‑11, the Conservatives were against it. When we introduced Bill C‑18, the Conservatives, again, were against it.

Do they understand that their actions have real consequences?

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, layoffs at Bell Media are a sign of growing pessimism even among the telecom giants. We can only imagine how the smaller industry players feel.

Will current federal programs and the compensation flowing from Bill C‑18 really be enough to ensure the survival of the news?

The Bloc Québécois is proposing the creation of a dedicated fund, separate from existing programs, wholly dedicated to protecting news media and newsrooms. I think we are at that point.

What does the minister think? Is he prepared to work with us to develop a fund like that?

[Pablo Rodriguez, Liberal, Minister of Canadian Heritage]

Mr. Speaker, my thoughts are with all those who have lost their jobs, and with their families. It is always worrisome when radio stations shut down and journalists lose their jobs. That is why we have been there from the start. We worked with the Bloc Québécois and the NDP to study Bill C‑11 and Bill C‑18, but the Conservatives did everything they could to delay the passage of those bills.

Do they finally understand that their actions have consequences?

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, 1,300 people learned yesterday that they would be losing their jobs at Bell Media. Six radio stations are going to stop broadcasting. When even a giant like Bell can no longer protect its media and newsrooms, the situation is dire. The entire news industry and the people who work in it are all under threat.

The Bloc Québécois is proud to have contributed to Bill C‑11 and Bill C‑18, two very important bills. However, I think the minister is beginning to realize, as I have, that this will probably not be enough.

In light of these new job losses, does the minister have anything to suggest in order to better protect the diversity of information?

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?