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.

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
C-18 (2011) Law Marketing Freedom for Grain Farmers Act
C-18 (2010) Increasing Voter Participation 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)

Online News ActGovernment Orders

December 13th, 2022 / 5:30 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Madam Speaker, as I have said, Bill C-18 would, in our view, threaten the independence of local media. It would not allow single-journalist outfits, like those I mentioned in my riding, to qualify. Therefore, we cannot support it.

Online News ActGovernment Orders

December 13th, 2022 / 5:30 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I rise on a point of order.

I suspect that if you were to canvass the House, you would find unanimous consent to allow us to extend Government Orders to deal with this issue, if the debate has collapsed, so that we can have a vote to possibly pass it with a division.

Online News ActGovernment Orders

December 13th, 2022 / 5:30 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

All those opposed to the hon. member moving the motion will please say nay.

It is agreed.

The House has heard the terms of the motion.

All those opposed to the motion will please say nay.

(Motion agreed to)

Is the House ready for the question?

Online News ActGovernment Orders

December 13th, 2022 / 5:30 p.m.

Some hon. members

Question.

Online News ActGovernment Orders

December 13th, 2022 / 5:30 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The question is on the motion.

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

Online News ActGovernment Orders

December 13th, 2022 / 5:30 p.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, we request a recorded division.

Online News ActGovernment Orders

December 13th, 2022 / 5:30 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Pursuant to order made on Thursday, June 23, the division stands deferred until Wednesday, December 14, at the expiry of the time provided for Oral Questions.

It being 5:33 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed from December 13 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 14th, 2022 / 3:30 p.m.

The Speaker Anthony Rota

Pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-18.

(The House divided on the motion, which was agreed to on the following division:)

Vote #244

Online News ActGovernment Orders

December 14th, 2022 / 3:40 p.m.

The Speaker Anthony Rota

I declare the motion carried.

(Bill read the third time and passed)