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.

Bill C-18—Time Allocation Motion

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, I have not been a member of the House for all that long, so I would like someone to explain to me what has been happening here over the past few weeks.

I would like to start by saying that we want to work to find solutions to what is happening to our media. The groundwork was laid during the previous Parliament, and we knew where we wanted to go. However, the Liberals called an election and we had to start over. The previous bill that has now become Bill C-18 still contains some of the same elements with no changes. However, we need to find a solution, and we need to do it fast, because billions of dollars are being lost and we need to protect freedom of expression and our media.

There is one other thing. I would like the member opposite to explain to me the point of these incessant motions. Not a day goes by that I do not have to try to explain to my constituents and even to my children what is happening with the legislative process in this session of the House.

I would like to know what we can expect in the coming days. What is the point of constantly challenging democracy, when we have a duty to debate each bill fully?

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

Madam Speaker, with all due respect, I would tell my colleague that the bill she is referring to is the former Bill C‑10, which is now Bill C‑11.

Today we are talking about a different bill, Bill C‑18, on which we are generally working quite well with my Bloc Québécois colleagues, and in particular the member for Drummond, who is the Bloc Québécois's heritage critic and who works very hard and very diligently on everything that he does, including as a member of the Standing Committee on Canadian Heritage.

I thank the Bloc Québécois for highlighting the freedom of the press and for emphasizing that the media must be independent and that print media must be strong and autonomous. That is precisely the purpose of Bill C‑18, which would enable the media to not only survive but also succeed. The bill would also ensure that the media is strong not only in major cities, but also in the regions. We are talking about media in all forms, big, small, print, radio or television.

Together, all these forms of media help strengthen our democracy. Journalists representing these media outlets ask us tough questions here, questions that we sometimes do not want to answer, but it is our job to do so. That is why we need to ensure that these media outlets survive and grow even stronger in the future.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Madam Speaker, we find ourselves in this place once again discussing time allocation on an important bill. I think for most Canadians, they look at this and say, “We want to see adequate debate on these topics”, yet, at times in this Parliament, when adequate time has been afforded, we see other parties using that time to perform obstructionist tactics and waste the time of this place.

Can the minister please comment on the bind we seem to find ourselves in where we have to choose between time allocation and putting up with obstructionist delays?

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

Madam Speaker, my colleague's question highlights what the Conservatives have been doing for weeks and months in trying to jam the work of Parliament in the chamber and in committees. Who benefits from that? No one does. The Conservatives think that they benefit from it, but Canadians do not benefit from what they are doing now.

Now we are talking about Bill C-18, which is fundamental for a strong, free, independent press. I said before that 450 media outlets have closed their doors in the last 15 years, and 64 or 65 have closed in the last two years. This makes our democracy weaker, not stronger.

We have to reinforce it. We have to be able to answer the tough questions, and I want to thank NDP members who are taking this extremely seriously in committees, in their ridings and in meeting with the media. They are bringing back good feedback. They want to collaborate, which is the difference between them and the Conservatives. The NDP wants to collaborate, but they do not.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, again, it is troubling the way that this Liberal-NDP government is contributing to the decline of democracy here. There are signs that this government simply does not want to hear from Canadians, and does not want to hear from the opposition parties, so it is shutting down debate again. It is shameful that the NDP is siding with it on these time allocation motions.

The heritage committee is already backed up with the legislation it is dealing with already. We have only had one speaker from the Conservative Party on the opposition side on this important debate. This is a debate that is important to all Canadians so that all Canadian voices can be heard.

Is this stifling of debate necessary because the Liberal government does not want to work? The Liberals have set an example. In 2019, the House only sat for 75 days. In 2020, we only sat for 86 days. In 2021, we only sat for 95 days. Prior to that, the House sat for an average of 122 days.

We know that this Liberal government does not like to be in the House and be held accountable. Why are they pushing to further shut down debate from the opposition parties on this motion?

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

Madam Speaker, I have been in this House for a few years now. I have sat on that side for many years, and I know how important the work of the opposition is. However, at that time, as with other members, we respected the House and Canadians.

I think that there is a way to work together respectfully, and I want to commend my official opposition critic who does exactly that. We may disagree on a lot of things, but he is very respectful. He respects the work of committees and the House, and he respects the bill too. I would love the Conservatives to be a little more respectful of the whole process, and we have seen what they have done on Bill C-11 and others.

Now it is time to work for democracy, not against it. A strong, free and independent press reinforces democracy, and that is exactly what Bill C-18 is all about.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, at times in the past, I have supported time allocation when there has been reasonable debate on a particular bill. For government to function, it is important for respectful debate to take place. I agree with the minister about the importance of Bill C-18. In fact, I was looking forward to hearing various perspectives in this place on the legislation.

In this case, as others have shared, we have had a total of two hours of debate on a Friday afternoon before moving to time allocation. Can the minister share why he feels this is so necessary, and why this is the only option available to the governing party to move ahead with respectful debate in this place?

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

Madam Speaker, debate happens here in this beautiful House, it happens in committees and it happens in the Senate. Those debates will take place.

We all know how important committee work is. This is where the thorough questions are asked and where we hear from witnesses. I go to committee and appear with great pleasure. A big chunk of the work is done there. What the Conservatives have been doing is trying to jam this place. It is very sad for someone who ran to come here to see what is being done. I am sad when I look at them and even more when I listen to them.

I know they do not like me to be sad, so I ask them to maybe change a little how they do things. Maybe they can participate a bit more in the debates or maybe be bit more constructive and make suggestions instead of trying to jam everything in the House.

Bill C-18 is about democracy and journalism, and Conservatives should support it.

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, I am disappointed because my colleagues and I were looking forward to debating this piece of legislation. So far, the only Conservative member to speak to it has been me, which is unfortunate.

To my colleague, the Minister of Canadian Heritage, it is obviously a forgone conclusion that this bill will be passed and time allocation will be guillotined on this bill.

I want a clear commitment from the minister that he, the government House leader and the whip will not interfere at committee. I want a clear commitment that they will permit the committee to hear from witnesses and that there will not be a guillotine or programming motion at committee and that the Standing Committee on Canadian Heritage will be permitted to fully explore the bill, hear from witnesses and not be forced into a programming motion.

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

Madam Speaker, of course there will be very important work done at committee. It would be a pleasure, if my colleague and the members invite me, to go because I have many important things to say on the bill. For example, it is really an arm's length bill. It is a bill that sets a table for the web giants, tech giants and news media across the country, big or small, to sit down and work on fair agreements for all. That is extremely important.

That is one of the things we can discuss at committee. Another thing we could discuss at committee is how this bill would allow collective agreements, which would include a lot of small and regional papers. If I go to committee and the member asks me that question, I will talk about collective agreements. Of course there will be lots of time to work at committee, and it will be a pleasure to see my friend there.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, I will rephrase my question. I was giving a passionate speech, and I did not know whether I had 60 seconds to ask my question.

We obviously want to have a solution.

The solution is what is proposed in Bill C‑18, which incorporates certain aspects of bills C‑10 and C‑11. The groundwork has been laid, and this should be acknowledged.

My questions are as follows: What is going on? What can we tell our constituents?

As it stands, we have had only two hours of discussion and debate on such an important bill. I expect to hear an answer from my colleague across the aisle, because this is not the first time this has happened, and my hunch is that it will not be the last. I would like an explanation.

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

Madam Speaker, I will not comment on my colleague's hunches, but I will say this: I am somewhat surprised that the Bloc Québécois, which is generally the exact opposite of the Conservatives when it comes to ideas, principles and ideals, is so openly supportive of the Conservatives in this type of discussion.

As I understand it, the Bloc Québécois members support Bill C‑18. Why do they support it? They support the bill because it strengthens our media, because it strengthens a free and independent press, a press that will ensure that we have news about what is happening in Chibougamau, Trois-Rivières, Sherbrooke, Gatineau, Amos and Brossard.

The purpose of this bill is to ensure that there will continue to be a press. From what I understand, the NDP supports it as well. As for the Conservatives, who included it in their platform, I hope that they will agree with themselves. If all goes well and they listen to themselves, they should support the bill. Then it will be unanimous.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, when the Conservatives were in government, a majority government at that, they used time allocation over 100 times. Here we are now, and we are seeing the Conservatives using obstructionist tactics over and over again.

Could the member share why this bill is important? Could he also share why it is important that we make a decision that Canadians need to be made and why these obstructionist tactics are in the way of Canadians being served?

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

Madam Speaker, my colleague's comment and questions highlight how important it is to be able to collaborate.

Even if we disagree, we come here for the same reasons. We want to represent the people who voted for us, and we want our country to improve. We want a better society for our children. We may disagree on how to get there. Once or twice, we may disagree on how to get there, but we are here for the right reasons, which is to make a better country.

This will make Canada a better country because we will have a stronger free and independent press, and that press is disappearing. I mentioned 450 media outlet that have closed during the last 15 years, and that is huge. We are not only talking about small ones. There are small and big ones in different regions.

If they all disappear, who will be there to talk about what my colleague is doing in their riding, what I am doing or what anyone else is doing? About 80% of advertising on the web is going to two web giants: Facebook and Google. That is the reality. That is what is happening at this moment. We need to have the tech giants and the media outlets sit down and negotiate fair deals. It would be fair for all.

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, in the answers to the questions so far, the minister has talked about the loss of thriving news agencies. He has talked about the 450 news agencies that have been lost in the last couple years and how it is so important for us to have these thriving news agencies to support our democracy.

He just talked about the differences we might have in the House as we come to debate bills. We come to represent our constituents and to have a discussion in this House, but he does that in the context of limiting the opportunity for us, as members of Parliament, to come and have discussion and debate a particular bill. He talks about how substantive this bill is.

How does limiting our discussion and debate by invoking closure on this bill allow for members of the House to come and represent their constituents in an adequate manner?