Bill C-18 (Historical)

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.

Second Reading

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the question and I think there is a great deal of interest not only on my part but from within the Liberal caucus and hopefully others, such as the member, in recognizing the importance of the smaller news agencies. That is one of the reasons I incorporated this point in my comments and talked about ensuring fairer compensation for both large and small media outlets. They are absolutely critical, especially to our local communities.

I really do believe that this legislation would enhance that sense of fairness for both large and small media outlets. If there are things that we could do to better ensure that outcome, I would encourage my New Democratic friends to raise the issue and bring up the example, and if they have an amendment, to share it with the minister or the staff. They do not have to wait until it goes to committee; they can do that at any point in time. I am sure that if there are ways in which we can improve the bill, the minister would be open to them.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am very troubled by what has happened to journalism in Canada. I agree, as the hon. parliamentary secretary said, that democracy itself is under assault when we lose our local journalists. In fact, there have been empirical studies that show that as parliamentary bureaus of local papers across Canada close up shop, the level of voting in those communities goes down. I agree with the diagnosis, but I do not know that we have the right prescription.

What we now see in Australia are a lot of concerns after the Australian model, which we are now pursuing, has been used as a big stick to drive people to private negotiations with no transparency. There is a lot of concern about following this model.

I am not saying I am against it and I want to figure out how it might work, but surely the simplest thing is to go to the source and say to Google, Twitter, Facebook and anything that is undermining our journalism that they are publishers, just like the newspapers. They are not platforms but publishers, and they have to follow all the same rules as print journalism in Canada.

Would the hon. member comment on that?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, for many years, giant tech companies such as Facebook, Google and YouTube have been going around the world and getting away with a great deal while enriching themselves worldwide. We are seeing more countries today saying that it is not acceptable and that we want to ensure that there is protection for their media industries, and that is something that is very tangible coming from this government. This legislation will go a long way toward ensuring a higher sense of fair compensation and protecting a critically important industry.

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, thank you for fitting me into this debate.

I would say this to the hon. member for Winnipeg North: We just heard a comment from the Conservatives across the way that they did not want to hear from him because he had an alternative point of view. In fact, a lot of news is presented online in a biased fashion. Could the member talk about news as entertainment versus news as a source of information on the different points of view that help to inform us?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the question. That is why I shared the story of the gentleman who would show up and talk to me. After a few weeks, I could tell exactly what outlet he was using as his source. It was always the same outlet. When I made the suggestion that he try to expand and look at other media outlets, he literally stopped coming. It was a pleasant discussion we had.

The point is that it is very important that we be supportive of our news industry and journalists. That is what this legislation is all about. It is about ensuring there is proper compensation. We have some of the best journalists in the world and we need to support them. We need to be there for the industry. It is healthier for our democracy.

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

Mr. Speaker, it has been an enjoyable afternoon listening to some of the fairy tales from the government, because it is cutting off debate after two hours on a bill that, from coast to coast, we have not seen much of.

Bill C-18 is an interesting bill. As a former journalist and broadcaster, I am glad today that I have the opportunity to speak to this bill and right the ship, if the House does not mind.

I spent 40 years in the industry, in radio and television. I began the career in Yorkton, working midnights as a disk jockey. I spent some time in Melfort doing radio. I moved over to CFQC in Saskatoon—

[The Deputy Speaker, Chris d'Entremont]

The hon. parliamentary secretary to the government House leader is rising on a point of order.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, I apologize to my friend for interrupting.

There is an incredible amount of background noise going on just outside the chamber. Perhaps you could pass along an instruction for them to quiet down a bit.

[The Deputy Speaker, Chris d'Entremont]

I appreciate that intervention. I try to remind folks as they come into the chamber and the lobbies to keep their conversations a lot quieter, because the sound coming over from the other side is a little too much for this House of Commons. Again I would ask members coming into the House to keep the lobby doors closed to keep the volume down.

I apologize. The hon. member for Saskatoon—Grasswood has three minutes.

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

Mr. Speaker, picking back up, I spent some time at Melfort, went over to Saskatoon in radio and then spent the majority of my career as a sports journalist and anchor at CTV News Saskatoon.

As a journalist, I remember having the opportunity to travel and cover some of the biggest news stories in Saskatchewan's history. I was on the field for countless Roughriders games, Grey Cup championships, Olympics and world curling championships. I remember covering the historic attempt when Saskatoon and Saskatchewan tried to get the St. Louis Blues to move to Saskatoon. That was in the 1980s.

What a success entrepreneur Bill Hunter and his group had back then, as they had thousands of people activated in our province, all going through the news media. We went to Madison Square Garden in New York for the NHL hearings. I remember the night before the hearings I was in the New York Islanders' dressing room celebrating the team's four-game sweep of the Edmonton Oilers. I talked to the many Saskatchewan-born players on the Islanders' team: Bryan Trottier, Bob Bourne and so on. It was a historic week being in New York trying to get the St. Louis Blues back to Saskatchewan and Canada.

I am afraid those stories would probably not be told today because of the lack of budgets for small- and medium-sized news organizations in this country. They have cut their staff, some down entirely to zero. In stations that actually remain, the person we hear on the air is often the only person in the entire building. Big stations are not exempt from this either. I have seen my fair share of colleagues and friends over the years being shown the door when cuts came around to address lagging revenues.

Earlier in my career, though, I worked late nights covering the station at a time when there was actually live coverage of radio throughout the night. Now, most stations are live for maybe six hours a day, or 12 at best. It is actually exclusively pre-recorded and it is satellite radio. This is a shame because where can young broadcasters get into the business now when, with a flip of the switch, people can have satellite radio?

We are getting ready for question period, and I will, as they say, come back for the rest of the story.

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 second time and referred to a committee, and of the amendment.

Online News Act

[The Assistant Deputy Speaker, Carol Hughes]

The question is on the amendment.

Shall I dispense?

[Some hon. members]

No.

[The Assistant Deputy Speaker, Carol Hughes]

[Chair read text of amendment to House]

If a member of a recognized party present in the House wishes to request a recorded division or that the amendment be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. House leader of the official opposition.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, that is correct. I am the House leader, and I request a recorded division.