Thank you very much, Madam Chair. I delighted in your first mistaken introduction when you referred to new witnesses. It made me feel young. I'm not new but familiar, and happy to be here with the members. I appreciate being invited before the committee once more.
You've already introduced my colleagues, who are here to assist me. As I often say, when I need to call a friend, I have my friends with me.
We're very pleased to appear before you. Hopefully we can contribute to your study of Bill C-18.
The proposed legislation aims to address a market imbalance in Canada's digital news marketplace by creating a new legislative and regulatory framework that would ensure that the major digital platforms fairly compensate news publishers for their content.
If it is adopted by Parliament, the Online News Act would require the largest digital platforms to negotiate with news businesses and reach fair commercial deals for the news that is shared on their platforms. Those deals would also need to respect journalistic independence and invest in a diversity of Canadian news outlets, including independent local businesses.
Should Parliament wish to assign the responsibility of creating and overseeing the regulatory framework under the Online News Act to the CRTC, we are prepared to take it on.
The legislation proposes to entrust five main functions to the CRTC.
Specifically, these are, first, to consider requests from news businesses to be eligible for mandatory bargaining and requests from digital platforms to be exempt from mandatory bargaining by applying the act's criteria.
The second is overseeing negotiation and mediation and maintaining a public list of external arbitrators that meet qualifications set by the commission.
The third is that we deal with complaints of undue preference or unjust discrimination filed by eligible news businesses against platforms.
The fourth is to contract an independent auditor to publish an annual report on the total value of commercial agreements and other key information.
Finally, we are to establish regulations, including a code of conduct for good-faith bargaining and regulatory charges that platforms must pay to fund the administration of the act, similar to the fees paid by broadcasters and telecommunications service providers today.
We have, of course, been turning our mind to the implementation of Bill C-18 should it receive royal assent.
There are several areas in which the commission must create regulations, which include developing regulatory charges to operate the program, as well as creating a code of conduct to support fairness and transparency in bargaining. As well, the bill will require the CRTC to establish detailed policies to provide news businesses, platforms and the public with clear guidance on how we intend to apply the eligibility criteria as well as the companion exemption criteria. Finally, we will of course have to create efficient procedures to administer the act.
There will no doubt be challenges along the way, as there always are when developing a new framework. I'm confident that with input from the public, news businesses and platforms, we will collectively develop a public record to assist us in implementing the new legislation, again assuming it's the will of Parliament.
The good news is that the CRTC is experienced in dealing with matters similar to those that Bill C-18 aims to resolve.
Our mandate is to regulate in the communications sector, and we have extensive experience overseeing mediation and arbitration processes, as well as those relating to undue preference complaints and codes of conduct. We also have experience conducting public proceedings, issuing exemption orders, and maintaining ongoing monitoring systems.
Just as importantly, we recognize the opportunities and challenges created by new players and have a proven track record of implementing policies and adapting approaches over time that enable traditional media, including local broadcast news outlets, to respond to changing market conditions.
