Online News Act

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

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, 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 the Library of Parliament. You can also read the full text of the bill.

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)

Online News ActGovernment Orders

December 13th, 2022 / 1:45 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, the committee sat for months on this bill. There is one discrepancy that I want answered before this comes out, and nobody knows the answer.

The Canadian Heritage department officials say that $150 million will go to media in Canada through Meta, Google and so on. The PBO says that it is $329 million. Which is the right? Is it the Canadian Heritage estimate or the PBO estimate that has it at $329 million, 75% going to the big conglomerates like the CBC, Rogers and Bell? Which is the right number, the Department of Canadian Heritage or the PBO?

Online News ActGovernment Orders

December 13th, 2022 / 1:45 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I thank my colleague from Saskatoon—Grasswood for his comment, which was more of a comment ending with a question.

I will not fall into the trap. I am not going to do what the Minister of National Revenue did last week and take a swipe at the Parliamentary Budget Officer. I think that, for numbers, I would place more trust in the Parliamentary Budget Officer, despite the great respect that I have for the officials of the Department of Canadian Heritage.

I thank my colleague for his question.

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I thank my colleague from Drummond for his excellent intervention.

I would like to say that, this weekend, I was pro-gas. My Conservative colleagues are shocked, but I am referring to Pro‑Gaz R‑N Abitibi—Témiscamingue and the Studio rythme et danse team. The Pro-Gaz team won the peewee hockey tournament hosted by the Conquérants de La Sarre.

I wish our local media had been there to report on this event. I would have loved to hear a report about our goalie, Alexy, made a spectacular save in the semi-finals; how the leadership of players like Jules and Eliot carried the team all week long; how players like Alex and Samuel followed the game plan to the letter and excelled on defence; how the puck clung to Skyler's stick like a magnet; how Nathan is an all-around player; how our forwards put the pressure on and contributed to the win; Frederique and all this—

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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The Deputy Speaker Chris d'Entremont

I hope the member has a good question.

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

—that should appear in our local media, and more importantly, how we can ensure that we hear about the achievements of our players, like Anthony, who was recognized as the top forward of the tournament.

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, you can see how hard it is to rein in our young colleagues' enthusiasm.

I thank him for his impromptu member's statement and I agree wholeheartedly. That is precisely the purpose of Bill C‑18, specifically, to ensure that these news stories, which make local residents proud of what is happening in their communities, can continue to receive the prominence they deserve and have space to evolve in our increasingly digital world.

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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The Deputy Speaker Chris d'Entremont

The hon. member for Mégantic—L'Érable on a point of order.

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, pursuant to Standing Order 43(2)(a), I would like to inform the House that the remaining Conservative caucus speaking times are hereby divided in two.

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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The Deputy Speaker Chris d'Entremont

Resuming debate, the hon. member for New Westminster—Burnaby.

Online News ActGovernment Orders

December 13th, 2022 / 1:50 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I understand I will be having to split my time before and after question period.

I wanted to start off with a tribute to Jim Carr. We have this tradition in place that we refer to members of Parliament by their riding names, like the member of Parliament for Winnipeg South Centre. When they pass away, as Jim did, and we received the sad notice of that yesterday, we can use their real names as opposed to their riding names. It is a sad moment, and we have been through this over the last few years with a number of members of Parliament.

With Jim, it was particularly saddening, because tomorrow we would have been paying tribute to him in the House of Commons with a round of speeches. We were aware that we needed to do that, and I think all 337 of us would have loved to have had Jim hear those words of praise for him. We will now be doing that in his absence and in his memory.

It is important to note that his popularity was such that within the NDP caucus a number of members of Parliament wanted to rise to speak. The tradition is one speaker from each party. We had difficulty determining that in our caucus, because people respected Jim so much. He was a gentleman. He was very eloquent. He was passionate about Canada. He will be sorely missed, and I want to pass on my condolences to his family. As we pay tribute to him informally through the course of our work today, having had to suspend the House yesterday, I know that through the course of the week and tomorrow, we will be paying more formal tributes to him. He will be missed.

The object of the debate for the next few minutes is Bill C-18.

My first letter as Canadian heritage critic to the Canadian heritage minister right after the election in 2021 was to push the government to bring immediately to bear a bill that would force big tech to start making its contributions to Canadian society.

As members know, over the past few years we have seen a hoovering up of ad revenues, which have decimated our community news, whether we are talking about radio stations or newspapers, right across the country. My community of New Westminster Burnaby has lost two publications: the New Westminster News Leader and the Burnaby News Leader. We continue to have Burnaby Now and the Royal City Record. We also have new online publishers and two community online publications that do a terrific job: the Burnaby Beacon and the New West Anchor.

The reality is that the impact has been felt right across the country. It has decimated local news and it has meant fewer journalists. What has been worrisome about this is that at the same time we have seen a parallel rise, because big tech has not taken any sort of responsibility for the rise in hate, misogyny, racism, anti-Semitism, Islamophobia, homophobia and transphobia. These two trends are connected.

On the one hand, there is pressure on local community media that brings us together in the community and ensures that people understand that even if their neighbours are different, they all share the same values and goals in the community. Second, there is what I would not even say is big tech's reluctance to curb hate. What it has actually done is promoted it, because extremism, hate and disinformation help to fuel revenues for it. It has been proven many times that the algorithms big tech uses help to foster hate and conflict in the community. Big tech profits from that. The increase in so-called “engagement” leads to more revenues for them.

The importance of bringing forward a bill like Bill C-18 to force big tech to start to provide that support for local community journalism is absolutely fundamental.

That is why the NDP, right after the election, told the government it had to bring forward this legislation on the Australian model. Although it has many weaknesses, which I will perhaps address in the second half of my speech, the Australian model is also a good one, because it stared down big tech. The Australians decided that even though big tech was threatening to withdraw, they were going to push companies like Google, YouTube, Facebook and Twitter to take responsibility and provide funding for journalism. It paid off.

Therefore, we pushed the government, and it introduced Bill C-18, which represents a significant step forward in forcing big tech to provide supports for local journalism and journalism right across this country.

The reality is that when Bill C-18 was tabled, it was a bill that we supported being brought to committee, but at committee we wanted to improve the bill. There was much that was missing in the bill regarding transparency, supporting local community press and journalism, supporting non-profit journalism, and allowing indigenous news outlets to have a role. There was radio silence regarding indigenous news outlets.

We had to fight to get all those things into the bill. We brought it to committee, and I am pleased to announce today that 16 NDP amendments were adopted by the committee working together to ensure just that, a better Bill C-18, one that we can be proud of. It includes, in a comprehensive way, indigenous journalism and indigenous news outlets. It ensures community supports. It ensures that the community radio and non-profit outlets can benefit, and it ensures transparency. Therefore, I am pleased to say that because of the NDP's work, and working with committee members from all parties, Bill C-18 is better than ever, and I am proud to support it in the House of Commons.

I look forward to the second half of my speech after QP.

The House resumed consideration of the motion that Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, be read the third time and passed.

Online News ActGovernment Orders

December 13th, 2022 / 3:20 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I just want to conclude my remarks by thanking members of the committee. The 16 amendments from the NDP that were adopted have improved Bill C-18 immeasurably, and we have a much better bill coming into the House.

I look forward to questions and comments from my colleagues.

Online News ActGovernment Orders

December 13th, 2022 / 3:20 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I appreciated the comments prior to question period that were made by the New Democratic House leader. With respect to the Facebook, YouTube and Google search engines, they have been a major benefactor of journalism here in Canada, yet the creators, the journalists and so forth of a lot of the things that appear in social media do not get the credit and, in particular, the compensation. What this bill would do, in good part, is ensure through the CRTC that there would be an appropriate compensation of sorts. I am a bit surprised that the Conservative Party would not support that and I do not quite understand why.

I wonder if the member has some thoughts in regard to the importance of passing this particular piece of legislation and if he wants to provide commentary as to why the Conservatives would not support this.

Online News ActGovernment Orders

December 13th, 2022 / 3:25 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, the member for Winnipeg North is asking me to imagine what it is like to be in the mind of a Conservative and I have great difficulty in doing that.

I found a bit of a muddle from the Conservative side, and we have seen this before in other legislation. On the one hand, Alberta community newspapers and Saskatchewan community newspapers stepped up. These are newspapers that basically represent nearly half of the Conservative caucus. Their representatives came to committee and said that Bill C-18 has to be adopted, but to improve the aspects from journalism so that more journalists and more Canadian newspapers can benefit from this.

Conservatives should have taken their marching orders from their constituents, including the local community newspapers across Alberta and Saskatchewan who said that Bill C-18 was needed but improvement needed to be brought. The NDP brought forward that improvement. The NDP brought forward an amendment that would allow for a two-person operation, even if they are owners and operators of that business, to access the money that would come from big tech and those negotiations. What did the Conservatives do? They voted against the NDP amendment.

Online News ActGovernment Orders

December 13th, 2022 / 3:25 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, later today, I certainly will have the opportunity to, in great detail, let the members of this House and all Canadians understand why the Conservatives voted against the measures in this bill.

One of the more controversial discussions was about the fact that we wanted this to benefit local news media outlets, many of whom have one person who is the owner-operator and the journalist. Although we brought amendments to include them at committee, the NDP and the Liberal members voted against that. Why did they want to exclude ethnic media and those smaller media outlets in rural communities that only have one journalist?