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.

Bill C-18—Time Allocation Motion

[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.

[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, 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.

[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, 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.

[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.

[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.

[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?

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

moved:

That, in relation to Bill C-18, An Act respecting online communications platforms that make news content available to person in Canada, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill;

and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-18—Notice of Time Allocation Motion

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

Madam Speaker, on a point of order, for the record, in response to the Minister of Public Services and Procurement, as the shadow minister responsible for Bill C-18, I was not consulted on time allocation for this bill.

[Filomena Tassi, Liberal, Minister of Public Services and Procurement]

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Furthermore, I am tabling government responses to Questions Nos. 461 to 464.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I will associate myself with my hon. colleague in wishing all members a productive week in their constituencies as the weather improves and we are able to participate more and more in events.

I would also like to take the opportunity to thank the House for the important progress that has been made on our legislative program over the last week. I know we have had a lot of late nights, but we are seeing a lot of important legislation being adopted, so I am appreciative of the House and the work it is doing.

This evening we will consider, in committee of the whole, the estimates of the Department of Public Works and Government Services. Tomorrow it is our intention to call Bill C-13, regarding the Official Languages Act. I would also like to inform the House that we will be tabling supplementary estimates tomorrow.

When we come back from working in our constituencies during the week that was aforementioned, we will be entering into the most intensive part of the parliamentary calendar, as we look toward the end of June. On Monday we will return to second reading of Bill C-18, respecting online news remuneration. The second estimates debate, this time for the Department of Fisheries and Oceans, will take place that evening as well. Tuesday shall be an allotted day, and I will be in further communication with the members opposite about additional business for that week, including our intention to hold a debate on the procedures of the House pursuant to Standing Order 51.

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I am always happy to stand and answer a Thursday question, even when the member opposite is not excited to ask it.

This evening, we will continue, and hopefully complete, debate at second reading of Bill C-13, concerning official languages.

Tomorrow, we will commence debate on Bill C-18, an act respecting online communications platforms that make news content available to persons in Canada. We will return to this debate next Wednesday.

At noon on Monday, we will resume debate on Bill C-14, which deals with electoral representation in Quebec.

Next Tuesday and Thursday shall be allotted days.

Finally, pursuant to Standing Order 81(4), I would like to designate Thursday, May 19, for consideration in committee of the whole of the main estimates for the Department of Public Works and Government Services. Furthermore, the debate for the Department of Fisheries and Oceans will take place on the evening of Monday, May 30.

If the member opposite has any ideas on how to make this place work or has any ideas on how we can improve legislation, I am always here to hear it. Unfortunately, to this point in time, nothing has come forward.

Online Streaming Act

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Madam Speaker, we are discussing Bill C-11, and maybe the member did not hear me talk earlier about some of the issues we had specifically with Bill C-11, such as proposed subsection 4.1(2), which talks about an exception to the exception and some of the criteria that the CRTC has laid out on what could be admissible under the new Broadcasting Act and what may not be admissible. There are issues we have with the bill we are talking about right now. I laid that out quite cleanly in my opening remarks, when we were talking about this bill, which is Bill C-11, and we will debate Bill C-18 another time. I look forward to having that discussion with the hon. member, when that is the actual bill we are supposed to be discussing on the floor.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, the member for Regina—Lewvan talked a lot about how much money is going to Facebook for advertising, and the previous Conservative speaker mentioned Bill C-18, which is where the rubber hits the road on the point of how we get value out of Facebook and other web giants for that advertising.

In Australia, 81% of their advertising was going to Google and Facebook, and the previous speaker seemed to intimate that their legislation was a failure, but it has produced revenues of over $100 million, it has allowed dozens of journalists to be hired and it covers 50% of editorial costs. That does not sound like a failure to me. It sounds like, for all the money everybody here in Canada pays Facebook and other web giants for advertising, we would get something back out of it through Bill C-18.