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.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Thank you, Madam Chair.

I want to thank everyone around the table.

It will be interesting. I totally agree with the Globe and Mail's article today, which refutes what Mr. Julian has said all along. It was the Liberals under Chrétien and Martin who destroyed the CBC funding, not Harper. I want to thank Konrad Yakabuski for the Globe and Mail report today. It clearly says, “Under the Trudeau Liberals, the CBC keeps cashing in”, as we're up to $1.3 billion plus the $42 million that they gave in the fall economic update.

The numbers are going to tell the story on this bill, if you don't mind my saying. The PBO has the number inflated to $180 million more than the department. They have $329 million that they feel is coming from the tech giants, and the department only had $150 million. When you get the big boys at the table spreading the $150 million, I think we're going to see the demise of local newspapers in Canada more than ever after this bill has passed.

You know, the Saskatoon berry pie used to be very big, and now the Saskatoon berry pie is only a tart, when we're going to leave Bill C-18. I think the future does not hold very well for small and medium newspapers. I'm really disappointed, as everybody knows, about the two reporters. I think it's going to have a big effect on the country. However, we'll see where it goes.

I want to thank everyone, as we head out of here before Christmas with Bill C-18.

Before we leave today, we do need to discuss next Tuesday and whether the judge is coming to talk about Hockey Canada.

Thanks, everybody.

[Martin Champoux, Bloc, Drummond, QC]

I want to join my honourable colleagues in congratulating the committee on the work we have done.

Despite what our Conservative colleagues say, Madam Chair, we've just established a [Technical difficulty] that will help our media outlets to negotiate agreements and ensure that several media outlets will survive the crisis they have endured for too long now.

There are certainly losers in this story. I understand that the Conservatives are disappointed. Google and Facebook certainly won't be pleased with the outcome of our [Technical difficulty] today, but that was to be expected. Conservatives can rest assured that Google and Facebook will continue to be [Technical difficulty], because they did a great job representing them as we considered Bill C‑18.

Having said that, I want to send a message to the small media outlets, the regional newspapers and the local media in Quebec and Canada. If this bill doesn't work as well as we would like, although I feel it will, we will be there. Bills are never perfect. They can always be improved. We will be watching its implementation and are going to be there to monitor the activities between the businesses under this new law that's coming into force. I want them to know that we will never stop looking out for Quebec and Canadian media outlets and news businesses, especially the smaller ones.

On that note, Madam Chair, I also want to congratulate you for your work. I thank my colleague Mr. Waugh for his work as vice-chair. I salute all of my colleagues, because the atmosphere has generally been respectful, and I'm really proud of what we've accomplished, whether we agree or disagree on the outcome.

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

Thank you very much, Madam Chair.

I did commit to the Conservative House leader that I wouldn't say anything negative about Conservatives, but I will just note their ongoing hostility to CBC, which I find quite perplexing. We certainly saw it during the Harper years, during which CBC funding was absolutely gutted.

However, coming back to what we've achieved, we have adopted amendments that have helped to ensure that indigenous journalists are included in a very meaningful way in Bill C-18 and that they will benefit from that. We have ensured a lot more transparency in Bill C-18, which is certainly a lesson that has come out of the Australian model.

I want to note that of the 16 NDP amendments that were adopted by this committee, the most important one to my mind—and certainly to that of the independent online news publishers of Canada, the small players who are starting up right across the country and who are present in every community, including the Burnaby Beacon and the New West Anchor—is an amendment that allows journalists, even if they're part-time, to own or be a partner in a news business and not to deal at arm's length with the business. They are now open to Bill C-18, the online news act.

I am being heckled, Madam Chair, but I'll continue just the same.

What we've done is open the door to independent online news publishers right across this country. Dozens of publications, the community newspapers in Alberta and Saskatchewan, asked for this. They got that amendment, and that means that a two-person operation, even if they're working part time, even if they're partners and owners of the business, has access to Bill C-18. It is significant that small players right across the country, including those community newspapers in Alberta and Saskatchewan, will be able to get that access.

That is a significant amendment, Madam Chair, and I would note that the Conservatives voted against it, which is, I think, quite astounding, given what they have been saying about the act. Why would they oppose something that so clearly opens the door to the vast majority of the ethnic press, to community newspapers in Alberta and Saskatchewan, and of course to online news publishers?

I agree with Mr. Housefather that the bill is much improved. There are some aspects of transparency that I would have liked to see but that were not adopted by this committee. Generally the processes for Bill C-18 worked well. All members have tried to work in a constructive way, and we have a much better bill coming out of committee than we had going in.

I'd like to thank everyone who was involved in that, particularly the analysts, the clerks and the interpreters, who have helped us all through, and our officials from Canadian Heritage who have answered the questions in such a clear and effective way.

Thanks to you, Madam Chair, for your chairing and to Mr. Waugh for chairing part of this process as well, because that has helped us to bring this bill to a conclusion at committee as well.

Thank you.

[Rachael Thomas, Conservative, Lethbridge, AB]

Thank you.

Well, this is the end to Bill C-18, and it will now be forwarded to the House, so I would like to go on the record as saying this bill started out with the intent—or the stated intent—of wanting to help newspapers, particularly those in rural areas that are of a smaller nature, along with ethnic media outreach or newspapers.

Unfortunately, in the way this legislation has developed and the way it is going forward to the House, it will reward the big players, such as the CBC, which already receives over a billion dollars in taxpayer money. This legislation will support Bell Media, and this legislation will support Rogers. Together, they will take about 75% to 80% of the money available through Bill C-18, which leaves a very small cut for newspapers to take. Once the larger players, such as Postmedia, Torstar and The Globe and Mail take their portion, it leaves an even smaller piece of the pie—if any—for those small players that function within our rural areas, particularly in western Canada.

It's a sad day for those news outlets, and it's incredibly hypocritical that this bill leads out with a preamble that wants to look after the sustainability of news and support good journalism, and yet it has gutted the ability for these smaller outlets to exist.

It's shameful that the NDP member actually ended up withdrawing his amendment that would advocate for those smaller players yet continues to use talking points as if he is advocating for them. He does not have their backs. He had an opportunity to vote for amendments that would allow entities with one journalist to be considered, and again I'll repeat that he withdrew that. Instead, he went into the pockets of the Liberals, as is the mode of operation of what the NDP are doing in this House at this time.

Again, it's a sad day for those smaller news outlets. My condolences to them.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Thank you, Chair.

I don't believe CBC should be included in the framework of Bill C-18. I think it's not going to help small and medium outlets, so of course I won't be supporting it.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Thank you, Chair.

Not to sound like a broken record, but I don't believe CBC should be part of Bill C-18. They shouldn't be getting the lion's share of the money and keeping it from the local small media organizations. I won't be supporting this.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Thank you, Chair.

I think we've been clear. We don't think CBC, which is getting billions of dollars already from the government, should be a part of this framework in Bill C-18. This will certainly not help the small media organizations that we're trying to help. It would give CBC the lion's share of the money, so I will be voting against this.

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

Thank you, Madam Chair.

I am going to move only part of NDP-28. I will be moving the part that Bill C-18 be amended by adding after line 30 on page 17 the following new clause:

53.1(1) If an eligible news business enters into a covered agreement, the business must file a copy of the agreement with the Commission within 30 days after the day on which it enters into the agreement or 30 days after the day on which an arbitration panel makes a decision that is deemed to be an agreement under section 42, as the case may be.

(2) The Commission must maintain and publish on its website a list of covered agreements, including the names of the parties and the commercial value and terms of the agreements.

(3) The Commission must add a covered agreement to the list within 90 days after the day on which a copy of the agreement is filed under subsection (1).

I am moving those three portions. I am not moving the fourth paragraph. I wanted to be clear about that. We have consulted the legislative clerk. I want to make sure that it is clear to everybody that I am not moving the fourth paragraph.

The three paragraphs that I am moving are reflected in testimony that came from both Unifor, Canada's largest private sector union, which represents so many journalists across the country, and the independent online news publishers of Canada, which publish so many of the terrific online publications, including, in my community, the Burnaby Beacon and the New West Anchor.

What this does is help to set that level playing field to ensure that there is more transmission of information and that particularly the small players have the information they need to ensure they get the best possible agreement, so that the hoovering up from big tech of all the journalistic ad revenues will actually serve to benefit both community publications.

Thank you.

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

Thank you for your availability.

NDP-25 was originally proposed by Unifor, Canada's largest private sector union, which represents many of the journalists across the country.

What NDP-25 is seeking to do is broaden the transparency of Bill C-18 to ensure that we know about the value of the deal. It allows arbitrators to request information when they're making decisions in the arbitration process. That helps in terms of structuring decisions to be as informed as possible, hopefully, so that the new negotiations with big tech will result in more supports for community newspapers, for online publishers, and for the ethnic press across the country so that we can have more journalists doing the excellent work they do.

I move NDP-25.

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

Thank you very much, Madam Chair.

This is an amendment that was suggested by APTN and Dadan Sivunivut. This is part of the series of amendments that we have adopted so far that include, within Bill C-18, a very strong proponent in support of indigenous people and indigenous journalists.

This amendment would ensure that the roster of qualified arbitrators also includes indigenous persons.

I move amendment NDP-23.

Business of the House

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

Mr. Speaker, that is a good question. We will continue our discussions about when the House will adjourn for Christmas. This afternoon, we will continue debate on the Conservative Party's opposition day motion.

After that, we will vote on the adoption of the supply for the current period. Tomorrow, we will be begin debate at report stage of third reading of Bill C-9, the judges bill.

Next week priority will be given to Bill S-8, the sanctions legislation; Bill S-4, COVID-19 justice measures legislation; and Bill C-18, the online news act.

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

If you're sincerely concerned, stop filibustering on bills C-11 and C-18. That's part of the answer.

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

Ms. Ashton, once again, if you're asking a question specifically about official languages, my colleague will be pleased to answer it. And she's here.

I can tell you that Canadian Heritage has introduced a set of measures. For example, we have bills C-11 and C-18. Other measures concern the Canada Council for the Arts. Telefilm Canada has just funded a number of French-language productions both in and outside Quebec. The National Film Board and other institutions that report to Canadian Heritage and are thus under my responsibility can help support the vitality of French both in and outside Quebec.

I can answer questions about those measures, but my colleague will be pleased to answer questions specifically about official languages.

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

That's a very good and important question. Once again, I'll ask the minister responsible for official languages to give you the details. I'll simply tell you that the bill concerns language of work and access to services, but it also contains a whole set of other measures.

Under Bill C-11, streaming businesses such as Disney and Netflix will have to contribute to the creation and production of content in English and French in Canada, and especially in French in Quebec. That bill will have a direct beneficial impact.

Furthermore, Bill C-18 will protect local journalism. Money will be invested in our small newspapers in the regions and elsewhere by Google, Facebook and the web giants, which currently benefit from content without paying for it. The bill will support francophone content creation both in and outside Quebec.

Unlike Mr. Beaulieu, I'm convinced we can reinforce the French fact without attacking the anglophone minority. That's the major difference.

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

Through Canadian Heritage, I support the cultural sector, our artists and creators. That's what you and your party are obstructing by filibustering on Bill C-11. That's what you're obstructing as we want to assist journalists through Bill C-18. That's what you're doing, Mr. Godin. Acknowledge it.