Canadian Heritage committee  It would be determined in relation to the three criteria set out in clause 6. It speaks to size, the market for that service here in Canada, and the question of a strategic advantage over news businesses. That term should be understood in relation to those three factors.

Canadian Heritage committee  The primary way is by passing the bill. Parliament would essentially create that legislative obligation on entities that meet the definition of digital news intermediary to bargain, assuming that they meet those threshold criteria set out in clause 6. Parliament is exercising its jurisdiction over a certain class of business, of undertakings, and subjecting them to a legislative obligation.

Canadian Heritage committee  Parliament's primary role is to consider whether it wishes to pass this bill. If it does, then it obviously puts in place the framework that gives authority, as you note, to the Governor in Council and the commission to play the regulatory roles that are set out in the bill. If your question is whether there is a regulation-making role for Parliament in this bill, the answer is no.

Canadian Heritage committee  If it were to be passed, it would require a review every five years. What I meant by “contemplate” was simply a recognition that the bill has not yet been passed by Parliament, so everything in the bill is still conditional on that passage.

Canadian Heritage committee  The subjects of regulation—if I were to put it that way—for this bill are the digital news intermediaries, or in other words, the digital platforms. The legislative obligation to bargain with news businesses is on those intermediaries. The legislative regulatory obligation is on them, and then what the bill does is give greater clarity about what is the expected scope of that bargaining obligation in terms of the kinds of news businesses that a digital news intermediary would have to have agreements with in order to qualify for an exemption, as set out in clause 11.

Canadian Heritage committee  Thank you, Mrs. Thomas. Maybe I will just clarify, because I wonder if there was a bit of a misunderstanding between us earlier. I had thought you were asking about the designation of digital new intermediaries earlier, and so my comments about those thresholds being set through Governor in Council regulation were with respect to digital news intermediaries, i.e., the digital platforms.

Canadian Heritage committee  The mechanism that is set out in the bill is that there are three criteria in clause 6 that will indicate when a digital news intermediary is subject to the legislation. The specifics of those three criteria will be determined through Governor in Council regulations. The CRTC does not have a role in setting those criteria.

Canadian Heritage committee  Thank you for the question, Mr. Shields. I believe when I used the term “new” earlier, it was in response to MP Thomas, who asked me whether the definition of “digital news intermediary” had been used elsewhere. I said no. That's a new concept that was developed for this legislation.

Canadian Heritage committee  Thank you for the question. We conduct an assessment before we table a piece of legislation. We would not bring it forward if we did not believe that there was federal jurisdiction. I won't speculate on whether folks will seek to challenge it in court or not.

Canadian Heritage committee  No, Mr. Tolmie. I believe Mrs. Thomas asked about Facebook Messenger, which is one of the messaging services that Meta offers that permits communication between individuals. I believe the answer I gave her was to specify that the private messaging services—again, WhatsApp and Facebook Messenger come to mind—are excluded from the concept of digital news intermediary.

Canadian Heritage committee  Yes, that's correct. A public social media service like Facebook and Twitter, again, would fall within the definition of digital news intermediary and could be subject to the framework if it meets the designation criteria set out in clause 6.

Canadian Heritage committee  Thank you, Mr. Tolmie. If I come back to what is the core objective of the bill, it is to require dominant digital platforms that exercise a strategic market advantage over news businesses to bargain with those news businesses. For the most part, right now in 2022, where we see that strategic market advantage is in the advertising market.

Canadian Heritage committee  In identifying a regulator for the purposes of this act, we considered what regulators out there are best suited to oversee and administer this kind of regime. The assessment was that the CRTC was best placed to do so, in part because it is an independent regulator, at arm's length from the government, that has expertise and experience in dealing with, overseeing and interacting with the media sector.

Canadian Heritage committee  The CRTC has experience and expertise in interacting with and overseeing media companies. You are right that they do not oversee the print sector. Broadcasters, however, are in the business of news, and that is not something that is foreign to the CRTC. In fact, the question of local news and the question of supporting smaller, independent broadcasters through interventions like the independent local news fund are things that the CRTC has experience with.

Canadian Heritage committee  In terms of the first part of your question, Mrs. Thomas, it's currently the Liberal Party of Canada that is the governing party. In terms of your second question, I'm afraid I'm not in a position to know whether every cabinet has consisted of solely the governing party in Canada.