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)

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 7th, 2024 / 4:35 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it will be a real joy to see all our Olympians, of whom we are so proud.

I will get back to the green slush fund scandal, which began with Navdeep Bains, who was then the minister of industry, science and economic development. He was involved in some questionable things. I want to read from one of the newspapers about the time when he stepped down:

...Bains was implicated in a questionable real estate transaction, when former Brampton mayor Linda Jeffrey's chief of staff [Mr.] Punia, shared confidential details about a land purchase with Bains and former Liberal MP Raj Grewal. When Brampton council learned about the behaviour it sent details of a third-party investigation into the matter to the RCMP, because the force was already looking into Grewal's activities involving chronic gambling in Ottawa while he served as an MP.

The City eventually paid about $1 million extra for the land it was trying to acquire, after a group of local businessmen with ties to the Liberals purchased it, then flipped it to the City, after Punia had passed on details of the original offer the City had planned to make for the property, which was owned by the Province.

There is no evidence Bains has any ties to the [business]....

Just because we could not find evidence does not mean that nothing happened. The article continues:

Grewal was charged in September by the RCMP with five counts of fraud and breach of trust for alleged misuse of his constituency office budget while he was an MP, after an extensive investigation.

This was the kind of people who started the fund and then went forward with it. It then got a bit worse, because in 2019, the current Minister of Environment and Climate Change came along. He was one of the people who approved the money for the fund in 2021. He was a member of cabinet, which approved the billion dollars going into the slush fund.

I have one other thing to say about Navdeep Bains. The article reads:

Bains was in the news again when questions were raised last year about his father's involvement with individuals implicated in a Fort Erie Gurdwara scandal. There is no evidence Bains has any ties with the plan and he denies any link.... The Sikh temple had sponsored three priests from India who were given special visas by Ottawa. It turned out the Gurdwara was not even operating and the three men disappeared after arriving in Canada.

We do not have any evidence of wrongdoing, but there is always suspicion. Here we are again with the same thing because the Minister of Environment and Climate Change was part of the cabinet that approved the billion dollars. One of the board members was a lady named Andrée-Lise Méthot. She was the founder and managing partner of Cycle Capital, a company that the Minister of Environment and Climate Change is invested in.

Section 119 of the Criminal Code says that no holder of public office, for example someone like the Minister of Environment and Climate Change, can take an action, for example giving a billion dollars to a slush fund that would be of benefit for themselves, for example his investment in Cycle Capital, which tripled its value through the money given to it from the green slush fund.

I certainly think that when the RCMP finishes its investigation and is able to see the documents, it could be that the Minister of Environment and Climate Change will be back in his orange pajamas again. He, as we know, was a convicted felon. In 2001 he was charged and convicted. He served a year's probation plus 100 hours of community service and paid $1,000 of restitution.

This is the calibre of corruption in the Liberal government and cabinet. It is no wonder things go awry when these kinds of people are involved. The Liberals have been trying to suggest that they need to stand up for the charter rights of Canadians. I certainly wish they would, because they have not.

One is what their record says they are, and if we look at the record of the Liberal government on the matter, we see the chill the Liberals have put on freedom of speech in this country with Bill C-11, the censorship bill. With Bill C-18, the freedom of the press was compromised. Bill C-63, the online harms bill that I just talked about, once again would violate everyone's charter rights happily.

Then there is freedom of religion. I spoke about this before, but since then, things have escalated even further in our country. Have members heard about the persecution that Hindus are facing in Brampton? People were out with knives. There were violent attacks on temples. The government has done nothing about it. Liberals wring their pearls and say that it is unacceptable, but they have done nothing to ensure that the rule of law in this country is enforced.

What is the point of having rules to protect Canadians if they are not enforced, and why has the federal government, which has the highest authority to make sure that rights are protected, done nothing? A hundred or more Christian churches were burned in our country, and again, it is crickets from the Liberals on this. It goes on and on. What has happened to Jewish Canadians is heartbreaking. They have been constantly harassed, and their synagogues and their businesses are vandalized. They have been given death treats and nothing has been done. Certainly freedom of religion in this country is in serious jeopardy.

Furthermore, there is discrimination that happens. We are supposed to be free from discrimination in this country, but it happens even in the Liberal benches. The Liberals are discriminating based on age. They decided to give seniors who are older than 75 more money than the seniors who are between 65 and 75. Similarly, there are violations in the minority language rights; the government has been proven several times in court to not have done what it should have done to protect the minority language rights of Canadians.

Let me sidebar for a moment and say how proud I am to announce that Sarnia—Lambton has the official francophone designation of Ontario.

I am very happy. I worked hard with the francophones of Sarnia—Lambton and I am very proud of our work.

The other argument we will hear from the Liberal benches is that the RCMP does not want the documents. Is it really the case that the RCMP does not want to see evidence of potential crime? The whistle-blower was clear that there was criminality going on, and it is possible that it was with more than one minister. I talked about the Minister of Environment and Climate Change, but actually there is also the current minister who was overseeing the Sustainable Development Technology Canada fund.

There is an agreement that says the board members had to disclose any conflicts of interest to ISED, so the minister would have known about them and not acted. Perhaps that is what would be uncovered when the documents are released. Certainly there is an issue there.

I think that what happened in the slush fund is just another example, and we keep racking up dollars. I think about the number of scandals that have happened in the government since I came here in 2015. This one is $400 million. There was the $372 million the Liberals gave to Frank Baylis to make ventilators when he had never made ventilators before, and they never ended up using any of them. It goes on and on with the different scandals. There was the WE Charity scandal and the huge waste of money there.

Canadians are finding the current scandal particularly obscene, at a time when the number of people going to food banks is the highest it has ever been. There are also 1,400 tent encampments in Ontario alone, and they are spread across the country. At a time when people are struggling, cannot afford food and cannot afford to feed their family and heat their house, there is an incredible waste of money and people lining the pockets of insiders. It is just unacceptable.

When I look at some of the previous things that have happened, I ask myself what we need to do to put in place some accountability so that this sort of thing does not happen. What kind of protection can we provide to whistle-blowers? If it is going on in one department, what is going on in all the other funds?

It is said that the fish rots from the head. The Prime Minister has already been violating ethics laws in the billionaire island fiasco, and he is also under suspicion in the SNC-Lavalin scandal for pressuring a criminal prosecution, which the RCMP is investigating. In the WE Charity scandal, the Prime Minister took an action, by awarding money to the organization, that benefited himself and his family: his brother, his mother and his wife. As I said before, under subsection 119(1) of the Criminal Code, that is illegal. It is not just a mistake.

Therefore we really have to clean up the government, and it does not look to me like we can change the spots on the leopards. Over here on the Conservative benches, we believe in the rule of law. We believe in transparency. We believe in accountability and we believe in trying to be prudent with the use of taxpayer dollars for the benefit of all Canadians.

I think that Canadians are looking for a change. They cannot take the continual rise in taxes that they have seen under the current government, such as the carbon tax, which it is going to increase to 61¢ a litre at a time when people are already struggling. The Liberals want to quadruple it and quadruple the misery.

EI premiums, CPP premiums and all of these things are going in the wrong direction at a time when there is going to be increasing competitiveness from the U.S.; President-elect Trump has clearly put America as a priority, and we are not on competitive ground. We have taxes and a regulatory burden that are going to drive millions of dollars and millions of jobs to the U.S.

The Sustainable Development Technology Canada fund is the tip of the iceberg. We have to get to the bottom of it. As much as everybody would like to move on from this, until the documents are produced unredacted and we can give them to the RCMP so we can get to the bottom of what happened, the Conservatives are going to continue to do what is our job. We are His Majesty's loyal opposition, and our job is to hold the government to account, which means not just saying, “Oh, there's nothing to see here.” It means asking for the documents, doing the hard work to get to the bottom of it and going to committees.

I understand that once the documents are produced, the PROC committee is supposed to look at them. However, I have a little bit of skepticism about that, because with every other scandal that has gone to any committee, NDP members, partners of the Liberals, work together with them. They are still doing it, even though the leader of the NDP made a big deal of ripping up the agreement, effectively saying, “Oh, the Liberals are too weak and they can't be trusted. We're not going work with them anymore.”

The New Democrats are still supporting the Liberals today at committee. What they do is shut down the committee. They filibuster so they do not have to produce the documents, and that is exactly what would happen if this thing went to committee, which is why we have to hold on and wait until the Liberals deliver the documents.

Why will they not deliver the documents? The Auditor General has seen them, although she was not auditing criminality. The documents exist and need to be produced, but what are they hiding? Are people going to go to jail? That is what it is starting to look like. However, we will not know until we see the documents, so the Liberals need to produce them, the sooner the better.

Canadian HeritageCommittees of the HouseRoutine Proceedings

November 5th, 2024 / 10:05 a.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, it gives me great pleasure to stand in the House today on behalf of the Conservative members on the Standing Committee of Canadian Heritage. We submit this dissenting report on the tech giants' use of intimidation tactics to evade regulation in Canada and across the world. The main report failed to adequately explore the state of censorship in Canada, as well as the roles played by tech giants and the current federal government. This dissenting report is required.

I should say that the committee got to hear from 18 witnesses over the course of the study. Many of those testimonies expressed the censorship of Canadians by the government and tech giants in terms of what they can see, hear and say online, with specific nods to the hindrances being caused by both Bill C-11 and Bill C-18.

Canadian HeritageCommittees of the HouseRoutine Proceedings

October 29th, 2024 / 10 a.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I move that the eighth report of the Standing Committee on Canadian Heritage, presented on Tuesday, December 12, 2023, be concurred in.

It will be interesting to talk today about the concurrence motion coming out of the heritage committee. I will be sharing my time with the hon. member for Battle River—Crowfoot.

I have been on the heritage committee for years now, but last month I asked my constituents of Saskatoon—Grasswood for their views on the public broadcaster, the CBC. It was in response to the CBC paying out bonuses that added up to over $18 million, which were approved by the Minister of Canadian Heritage and the Privy Council. Of that sum, $3.3 million went directly to CBC executives. Forty-five executives had their hands in the pocket of that $3.3 million, and it averaged out to $73,000 each for one year in bonuses. I could not believe the number. I see that even some Liberals are shaking their heads. They cannot believe that number either just for the executives.

I asked in a mail-out what we should do going forward with the CBC. Should we do nothing or keep it as is? Should we keep the CBC but make some changes, or simply defund it? Defunding the CBC has been the narrative of this party for months, if not a year and a half now, and for very good reason. I had literally hundreds of responses. It was probably the best response I have had in the nine years I have been a member of Parliament. Some 86.5% were in support of overhauling or even defunding the entire operation of the CBC.

CBC CEO Catherine Tait admitted recently, about two weeks ago, that Canadians want to defund the CBC entirely. She was caught off guard that Canadians were talking about defunding her operation. She said that maybe she should have responded sooner to the public's outcry on how the corporation is compensated by the federal government.

In its corporate plan summary, tabled in the House of Commons, the CBC said viewers are leaving television, especially young people. They are going to streaming devices and have been doing so for many years. That is certainly not a surprise. However, a big surprise to me was the ad revenue. It has dropped another 9.6% in the last 12 months, which is a concern. I think trust in the CBC News organization, as we have seen across this country, has also dropped.

Here we have trust, viewership and revenue dropping, but what did not drop? The bonuses did not drop, surprise, surprise. In the last year, $18 million was handed out, and when Ms. Tait came before the heritage committee for the third time, she talked about the key performance indicators, better known as KPIs. She said that those determine the bonus structure. Amazingly, despite viewership, revenue and trust dropping, the bonuses remained. Why? Well, the CBC honchos, in their wisdom, decided to lower the key standards from a year ago so they could justify the rich bonuses. Only CBC executives would huddle up and determine that despite everything going down, they needed to protect their bonuses. They agreed to this and the Liberals bought in, agreeing to $18 million for the top-up.

Since 2018, CBC viewership has collapsed nearly 50% and the CBC has failed to meet 79% of its key performance targets. Did I mention that the executives who got these bonuses were the same ones responsible a little over a year ago for cutting 800 jobs? These cuts amounted to about 10% of the entire workforce of CBC/Radio-Canada. The federal government, as we know, compensates the CBC. It gives the CBC about $1.3 billion a year, so the public broadcaster, to me, already has a head start over the private broadcasters in this country.

It does not stop there. It is even worse, believe it or not. The CBC was given millions in last year's fall economic statement. It was 21 million gift dollars last year, and another $21 million this year. On top of that, it generates about $400 million in ads, even though, as I just talked about, ad revenue is going down. Canadians need to understand that their government is choosing to give more than $1.3 billion to a company that already makes $400 million in advertising. Canadians are tired of their money being spent on bonuses for absolutely dismal performance.

I questioned CBC/Radio-Canada's CEO at the Canadian heritage committee. Hundreds wrote in to us and others and took to social media to express their dismay about the arrogance and entitlement at a time when so many are hurting in this country. It is astonishing. One person said, “These elites live in their own bubble, protected from us by their entitlements and their social status. They simply do not care what we think, and are shocked that we would speak up against them. It is time to clean out the corrupt federal bureaucracy the Liberals have built.”

Broadcasters need to have accountability and fairness for people to have trust in them. How can Canadians possibly have any faith in an institution that rewards its executives after cutting hundreds of jobs in the last year? Canadians are tired of seeing their taxpayer funds mismanaged by the Prime Minister and his cabinet. It is no wonder nobody trusts the government anymore with their money.

The Liberals fail to see that Canadians are struggling in every aspect of their lives. Their response is that they will give $18 million to the CBC, to their corporate buddies, at a time when a record number of Canadians are heading to food banks. In my city of Saskatoon, there was an outcry yesterday by the Saskatoon Food Bank, which is asking the public for help, as it is running out of the most essential items it gives out.

The Saskatoon Food Bank has seen a 40% increase since 2019, in five short years, yet the CEO of CBC/Radio-Canada believes it is appropriate to ask for millions of dollars in bonuses for executives after letting hundreds go. It is arrogance and is absolute tone-deafness. The CBC was failing to deliver all along on its key performance indicators, so it just changed the indicators. It lowered them from the year before and thought nobody would notice. Well, we noticed, and obviously Canadians have noticed.

The government has no remorse about giving out massive amounts of money, simply handing it out no questions asked. It is handing money over to the public broadcaster rather than supporting small and medium-sized newspapers. That was the issue with Bill C-18, some may recall. It was a bill designed to help the newspaper industry, but telcos and the CBC, the public broadcaster, took it over. They thought they were going to get millions of dollars. It ended up that Google said it would give them under $100 million and they could disburse it, but there we go again. It was the CBC with its hands out; it was right there. The Liberal government is absolutely out of touch and the CBC is out of touch

That leads me to its CEO, Catherine Tait, who was appointed by the government in 2018. Since taking over, viewership, as I mentioned, has been cut in half. What worries me now is that Catherine Tait has not had a bonus in 2022-23—

Access to Information, Privacy and EthicsCommittees of the HouseRoutine Proceedings

October 9th, 2024 / 4:50 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I wish I had five hours.

I will just say this: Bill C-18 is one small example of what the government has done. Bill C-18 has resulted in the complete decimation of Canada's media ecosystem. There is virtually no local reporting. There is a ban on sharing news on social media platforms.

The government wants an ill-informed, censored population so that it cannot be held to account.

Access to Information, Privacy and EthicsCommittees of the HouseRoutine Proceedings

October 9th, 2024 / 4:50 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, the government has failed on the fronts that my colleague mentioned in two ways: action and omission. On action, the government has censored Canadians through Bill C-11, which has had a massive effect on YouTube creators, censoring who gets seen and who does not. Bill C-18 has resulted in a news ban for online media platforms, so Canadians cannot get the news. It has also put many newsrooms out of work, so now the government cannot be held to account. Now the government is proposing Bill C-63, which will lead to a kangaroo court, wherein any Canadian could be dragged through with vexatious complaints based on their political opinions.

As well, through omission, by not putting limits on facial recognition software, the government can overreach and use Canadians' biometric data without any limitation. All of that leads to a police state, a censorship state, and something that every Canadian, regardless of political stripe, should be absolutely opposing with every fibre of their being.

Online Harms ActGovernment Orders

June 7th, 2024 / 10:30 a.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, we must protect Canadians in the digital age, but Bill C-63 is not the way to do it. It would force Canadians to make unnecessary trade-offs between the guarantee of their security and their charter rights. Today I will explain why Bill C-63 is deeply flawed and why it would not protect Canadians' rights sufficiently. More importantly, I will present a comprehensive alternative plan that is more respectful of Canadians' charter rights and would provide immediate protections for Canadians facing online harms.

The core problem with Bill C-63 is how the government has changed and chosen to frame the myriad harms that occur in the digital space as homogenous and as capable of being solved with one approach or piece of legislation. In reality, harms that occur online are an incredibly heterogenous set of problems requiring a multitude of tailored solutions. It may sound like the former might be more difficult to achieve than the latter, but this is not the case. It is relatively easy to inventory the multitudes of problems that occur online and cause Canadians harm. From there, it should be easy to sort out how existing laws and regulatory processes that exist for the physical world could be extended to the digital world.

There are few, if any, examples of harms that are being caused in digital spaces that do not already have existing relatable laws or regulatory structures that could be extended or modified to cover them. Conversely, what the government has done for nearly a decade is try to create new, catch-all regulatory, bureaucratic and extrajudicial processes that would adapt to the needs of actors in the digital space instead of requiring them to adapt to our existing laws. All of these attempts have failed to become law, which is likely going to be the fate of Bill C-63.

This is a backward way of looking at things. It has caused nearly a decade of inaction on much-needed modernization of existing systems and has translated into law enforcement's not having the tools it needs to prevent crime, which in turn causes harm to Canadians. It has also led to a balkanization of laws and regulations across Canadian jurisdictions, a loss of investment due to the uncertainty, and a lack of coordination with the international community. Again, ultimately, it all harms Canadians.

Bill C-63 takes the same approach by listing only a few of the harms that happen in online spaces and creates a new, onerous and opaque extrajudicial bureaucracy, while creating deep problems for Canadian charter rights. For example, Bill C-63 would create a new “offence motivated by a hatred” provision that could see a life sentence applied to minor infractions under any act of Parliament, a parasitic provision that would be unchecked in the scope of the legislation. This means that words alone could lead to life imprisonment.

While the government has attempted to argue that this is not the case, saying that a serious underlying act would have to occur for the provision to apply, that is simply not how the bill is written. I ask colleagues to look at it. The bill seeks to amend section 320 of the Criminal Code, and reads, “Everyone who commits an offence under this Act or any other Act of Parliament...is guilty of an indictable offence and liable to imprisonment for life.”

At the justice committee earlier this year, the minister stated:

...the new hate crime offence captures any existing offence if it was hate-motivated. That can run the gamut from a hate-motivated theft all the way to a hate-motivated attempted murder. The sentencing range entrenched in Bill C-63 was designed to mirror the existing...options for all of these potential underlying offences, from the most minor to the most serious offences on the books....

The minister continued, saying, “this does not mean that minor offences will suddenly receive...harsh sentences. However, sentencing judges are required to follow legal principles, and “hate-motivated murder will result in a life sentence. A minor infraction will...not result in it.”

In this statement, the minister admitted both that the new provision could be applied to any act of Parliament, as the bill states, and that the government would be relying upon the judiciary to ensure that maximum penalties were not levelled against a minor infraction. Parliament cannot afford the government to be this lazy, and by that I mean not spelling out exactly what it intends a life sentence to apply to in law, as opposed to handing a highly imperfect judiciary an overbroad law that could have extreme negative consequences.

Similarly, a massive amount of concern from across the political spectrum has been raised regarding Bill C-63's introduction of a so-called hate crime peace bond, calling it a pre-crime provision for speech. This is highly problematic because it would explicitly extend the power to issue peace bonds to crimes of speech, which the bill does not adequately define, nor does it provide any assurance that it would meet a criminal standard for hate.

Equally as concerning is that Bill C-63 would create a new process for individuals and groups to complain to the Canadian Human Rights Commission that online speech directed at them is discriminatory. This process would be extrajudicial, not subject to the same evidentiary standards of a criminal court, and could take years to resolve. Findings would be based on a mere balance of probabilities rather than on the criminal standard of proof beyond a reasonable doubt.

The subjectivity of defining hate speech would undoubtedly lead to punishments for protected speech. The mere threat of human rights complaints would chill large amounts of protected speech, and the system would undoubtedly be deluged with a landslide of vexatious complaints. There certainly are no provisions in the bill to prevent any of this from happening.

Nearly a decade ago, even the Toronto Star, hardly a bastion of Conservative thought, wrote a scathing opinion piece opposing these types of provisions. The same principle should apply today. When the highly problematic components of the bill are overlaid upon the fact that we are presently living under a government that unlawfully invoked the Emergencies Act and that routinely gaslights Canadians who legitimately question efficacy or the morality of its policies as spreading misinformation, as the Minister of Justice did in his response to my question, saying that I had mis-characterized the bill, it is not a far leap to surmise that the new provision has great potential for abuse. That could be true for any political stripe that is in government.

The government's charter compliance statement, which is long and vague and has only recently been issued, should raise concerns for parliamentarians in this regard, as it relies on this statement: “The effects of the Bill on freedom expression are outweighed by the benefits of protecting members of vulnerable groups”. The government has already been found to have violated the Charter in the case of Bill C-69 for false presumptions on which one benefit outweighs others. I suspect this would be the same case for Bill C-63 should it become law, which I hope it does not.

I believe in the capacity of Canadians to express themselves within the bounds of protected speech and to maintain the rule of law within our vibrant pluralism. Regardless of political stripe, we must value freedom of speech and due process, because they are what prevents violent conflict. Speech already has clearly defined limitations under Canadian law. The provisions in Bill C-63 that I have just described are anathema to these principles. To be clear, Canadians should not be expected to have their right to protected speech chilled or limited in order to be safe online, which is what Bill C-63 would ask of them.

Bill C-63 would also create a new three-headed, yet-to-exist bureaucracy. It would leave much of the actual rules the bill describes to be created and enforced under undefined regulations by said bureaucracy at some much later date in the future. We cannot wait to take action in many circumstances. As one expert described it to me, it is like vaguely creating an outline and expecting bureaucrats, not elected legislators, to colour in the picture behind closed doors without any accountability to the Canadian public.

The government should have learned from the costs associated with failing when it attempted the same approach with Bill C-11 and Bill C-18, but alas, here we are. The new bureaucratic process would be slow, onerous and uncertain. If the government proceeds with it, it means Canadians would be left without protection, and innovators and investors would be left without the regulatory certainty needed to grow their businesses.

It would also be costly. I have asked the Parliamentary Budget Officer to conduct an analysis of the costs associated with the creation of the bureaucracy, and he has agreed to undertake the task. No parliamentarian should even consider supporting the bill without understanding the resources the government intends to allocate to the creation of the new digital safety commission, digital safety ombudsman and digital safety office, particularly since the findings in this week's damning NSICOP report starkly outlined the opportunity cost of the government failing to allocate much-needed resources to the RCMP.

Said differently, if the government cannot fund and maintain the critical operations of the RCMP, which already has the mandate to enforce laws related to public safety, then Parliament should have grave, serious doubts about the efficacy of its setting up three new bureaucracies to address issues that could likely be managed by existing regulatory bodies like the CRTC or in the enforcement of the Criminal Code. Also, Canadians should have major qualms about creating new bureaucracies which would give power to well-funded and extremely powerful big tech companies to lobby and manipulate regulations to their benefit behind the scenes and outside the purview of Parliament.

This approach would not necessarily protect Canadians and may create artificial barriers to entry for new innovative industry players. The far better approach would be to adapt and extend long-existing laws and regulatory systems, properly resource their enforcement arms, and require big tech companies and other actors in the digital space to comply with these laws, not the other way around. This approach would provide Canadians with real protections, not what amounts to a new, ineffectual complaints department with a high negative opportunity cost to Canadians.

In no scenario should Parliament allow the government to entrench in legislation a power for social media companies to be arbiters of speech, which Bill C-63 risks doing. If the government wishes to further impose restrictions on Canadians' rights to speech, that should be a debate for Parliament to consider, not for regulators and tech giants to decide behind closed doors and with limited accountability to the public.

In short, this bill is completely flawed and should be abandoned, particularly given the minister's announcement this morning that he is unwilling to proceed with any sort of change to it in scope.

However, there is a better way. There is an alternative, which would be a more effective and more quickly implementable plan to protect Canadians' safety in the digital age. It would modernize existing laws and processes to align with digital advancements. It would protect speech not already limited in the Criminal Code, and would foster an environment for innovation and investment in digital technologies. It would propose adequately resourcing agencies with existing responsibilities for enforcing the law, not creating extrajudicial bureaucracies that would amount to a complaints department.

To begin, the RCMP and many law enforcement agencies across the country are under-resourced after certain flavours of politicians have given much more than a wink and a nod to the “defund the police” movement for over a decade. This trend must immediately be reversed. Well-resourced and well-respected law enforcement is critical to a free and just society.

Second, the government must also reform its watered-down bail policies, which allow repeat offenders to commit crimes over and over again. Criminals in the digital space will never face justice, no matter what laws are passed, if the Liberal government's catch-and-release policies are not reversed. I think of a woman in my city of Calgary who was murdered in broad daylight in front of an elementary school because her spouse was subject to the catch-and-release Liberal bail policy, in spite of his online harassment of her for a very long time.

Third, the government must actually enforce—

Government Responses to Order Paper QuestionsPrivilegeOral Questions

April 9th, 2024 / 3:15 p.m.


See context

Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I support this question of privilege in light of the violation of government's obligation to answer an Order Paper question, but I also add to it, considering how the government has taken steps to take control of the Internet in Canada.

It has done this through legislation like Bill C-11, which centralizes regulatory control of what Canadians can see, hear and post online based on what the government deems “Canadian”.

In addition, I highlight Bill C-18, which has resulted in the government being one of the biggest gatekeepers of news in Canada. This is a major conflict of interest and a direct attack on journalistic integrity in this country.

Now, most recently, through Bill C-63, the government proposes to establish an entire commission, yet another arm of the government, that would regulate online harm.

How can Canadians trust the government to police various aspects of the Internet if it cannot even be honest and tell the truth about the content requested to be taken down? Trust is pinnacle and frankly the government has not earned any of it. The truth must prevail.

Mr. Speaker, you have the opportunity to look into this and to get to the bottom of it, or you can keep us in the dark and allow secrecy and injustice to reign. I understand that you are the one to make this decision, and we are putting our trust in you to make sure that this place is upheld and democracy is kept strong.

News Media IndustryOral Questions

February 9th, 2024 / 11:25 a.m.


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Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Mr. Speaker, the media crisis has once again swept away a part of our news media and a part of our democracy.

Bell is laying off 4,800 employees. This comes on the heels of more than 500 job cuts at Quebecor and 600 at CBC/Radio-Canada. The entire industry has been imploding for years with no meaningful response by the federal government.

Bill C‑11 is having no apparent impact because the CRTC is making zero progress on the regulatory framework. Bill C‑18 is all well and good, and we will happily accept Google's millions, but the job cuts continue.

When is the government going to take action?

News Media IndustryOral Questions

February 8th, 2024 / 2:40 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I am not talking about helping a billion-dollar company. I am talking about helping an industry that has been suffering and in crisis for years. As we speak, the only new money to assist our media organizations with Bill C-18 came from Google, which put it on the table. That is like putting the fox in the chicken coop.

There are so many options: an emergency fund, a payroll tax credit for electronic media, a tax credit for advertisers who buy time on traditional media and more government advertising on traditional media, instead of slipping $50,000 into Meta's pocket, like the Prime Minister and the Liberal Party have been doing for the past three months.

When will this government take action?

News Media IndustryOral Questions

February 8th, 2024 / 2:35 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, this is another sad day for the media, news and democracy.

Bell just announced that it will be cutting 4,800 jobs and selling 45 radio stations, seven of which are in Quebec. The federal government is literally watching our news media die before its eyes by not extending a single penny to save broadcasters.

Meanwhile, there is no emergency funding, as the Bloc Québécois called for this fall. There are no tax credits for electronic media modelled on what is already offered to print media. How many more workers will have to be sacrificed before the minister realizes that Bill C-18 will not save news media in Quebec?

CBC/Radio-CanadaOral Questions

January 31st, 2024 / 3:05 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, supporting journalists and local journalism is extremely important to this government, especially in these challenging times. That is why we introduced Bill C‑18, which will help our journalists operate at all levels.

We will continue to be there to defend an independent, free and professional press. We know that a lot of work remains to be done in these times of uncertainty. Unlike the Conservatives, we will be there to work with all parties interested in protecting journalism.

News Media IndustryOral Questions

December 15th, 2023 / 11:40 a.m.


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Milton Ontario

Liberal

Adam van Koeverden LiberalParliamentary Secretary to the Minister of Environment and Climate Change and to the Minister of Sport and Physical Activity

Madam Speaker, we know that the Conservatives do not value the work of journalists, but we do. Over 500 newsrooms have closed in the past 10 years. That is why we passed the Online News Act, to level the playing field for journalists against the web giants.

The publication of our final regulations is the final step in the process for Bill C‑18.

CBC/Radio-CanadaOral Questions

December 6th, 2023 / 2:30 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, as a government, we have always supported CBC/Radio-Canada and the services it provides to local communities across the country.

One of the first measures we took as government was to cancel the Harper government's cuts to our public broadcaster. Supporting local news and journalists during these difficult times for the industry is exactly why we introduced Bill C‑18.

While the Leader of the Opposition celebrates Canadian families being laid off, we will continue to support local journalists and local news in Canada. We are very open to working with the Bloc Québécois on this, as always.

CBC/Radio-CanadaOral Questions

December 5th, 2023 / 2:25 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, we have always supported CBC/Radio-Canada and the services it provides to local communities across the country.

One of the first decisions we made as a government was to cancel the Harper government's cuts to our public broadcaster. Supporting local news and journalists in this difficult juncture is exactly why we introduced Bill C‑18.

While the Leader of the Opposition rejoices as Canadian families are facing layoffs, we will continue to support local news and journalists in Canada.

CBC/Radio-CanadaOral Questions

December 5th, 2023 / 2:25 p.m.


See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, we have been very concerned about what is happening in our media, our art and our culture for years now.

That is why the government has taken concrete action to support media across the country, to invest in local journalism and to stand up against the web giants in favour of journalists and the work they do, which is essential to our democracy. For example, we were pleased to reach an agreement with Google regarding Bill C‑18.

We will continue to be there to support and defend journalists across the country, especially local journalists who play an essential role in our democracy.