GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Online News Act — O-9.3 11
Exemption order 11 (1) The Commission must make an exemption order in relation to a digital news intermediary if its operator requests the exemption and the following conditions are met: (a) the operator has entered into agreements with news businesses that operate news outlets that produce news content primarily for the Canadian news marketplace and the Commission is of the opinion that, taken as a whole, the agreements satisfy the following criteria: (i) they provide for fair compensation to the news businesses for the news content that is made available by the intermediary, (ii) they ensure that an appropriate portion of the compensation will be used by the news businesses to support the production of local, regional and national news content, (iii) they do not allow corporate influence to undermine the freedom of expression and journalistic independence enjoyed by news outlets, (iv) they contribute to the sustainability of the Canadian news marketplace, (v) they ensure a significant portion of independent local news businesses benefit from them, they contribute to the sustainability of those businesses and they encourage innovative business models in the Canadian news marketplace, (vi) they involve a range of news outlets in both the non-profit and for-profit sectors and they were entered into with news businesses that reflect a diversity of business models that provide services to all markets and diverse populations, including local and regional markets in every province and territory, anglophone and francophone communities, and Black and other racialized communities, (vii) they ensure a significant portion of Indigenous news outlets benefit from them and they contribute to the sustainability of those outlets in a way that supports the provision of news content by and for Indigenous peoples, and (viii) they ensure a significant portion of official language minority community news outlets benefit from them and they contribute to the sustainability of those outlets in a way that supports the provision of news content by and for official language minority communities; (a.1) the Commission has held public consultations in accordance with any conditions that its Chairperson may specify; and (b) any condition set out in regulations made by the Governor in Council. Effect of order (2) The order exempts the operator, in relation to the intermediary, from the application of (a) section 21 and any provision of any regulations made under section 85 that is in relation to section 21 ; and (b) any other provision of this Act and any provision of any regulations made under subsection 81 (1) or section 85 that is specified by the Commission, in its discretion, in the order. Conditions (3) The order may contain any conditions the Commission considers appropriate. Approval of Treasury Board (4) The order is subject to the approval of the Treasury Board if the order exempts the operator from the application of section 82 or any provision of any regulations made under subsection 81 (1). Duration of order (5) The order remains in effect for a period of not more than five years and, subject to this section, may be renewed.
Online News Act — O-9.3 12
Interim order 12 (1) The Commission may, in relation to a digital news intermediary, make an interim order that has the same effect as an exemption order if the following conditions are met: (a) its operator has requested an exemption order in relation to the intermediary; (b) the operator has entered into agreements with news businesses that operate news outlets that produce news content primarily for the Canadian news marketplace; (c) the Commission is unable to make the exemption order because it is of the opinion that, taken as a whole, the agreements do not satisfy the criteria set out in subparagraphs 11(1)(a)(i) to (viii); and (d) the Commission is of the opinion that it will be able to change its opinion because the operator is, in good faith, taking measures that will permit the criteria to be satisfied within a reasonable period, which period must not be longer than one year. Conditions (2) The interim order must contain conditions respecting the measures being taken by the operator and may contain any other condition the Commission considers appropriate, including a condition requiring that public consultations be held at a time and place in Canada to be fixed by the Commission. Approval of Treasury Board (3) The interim order is subject to the approval of the Treasury Board if the order exempts the operator from the application of a provision referred to in sub­ section 11 (4). Cessation of effect (4) The interim order must specify the period referred to in paragraph (1)(d) and ceases to have effect at the end of that period.
Online News Act — O-9.3 13
For greater certainty 13 For greater certainty, agreements referred to in paragraph 11 (1)(a) or 12 (1)(b) include agreements that were entered into before the day on which this section comes into force.
Online News Act — O-9.3 14
Review 14 (1) For greater certainty, the Commission may review an exemption order or an interim order. Repeal of exemption order (2) The Commission may repeal an exemption order if (a) the Commission is of the opinion that the operator of the digital news intermediary in question is acting in a manner that is inconsistent with this Act; (b) a condition referred to in subsection 11 (1) is no longer met; or (c) a condition contained in the exemption order is not met. Repeal of interim order (3) The Commission may repeal an interim order if (a) the Commission is of the opinion that the operator of the digital news intermediary in question is acting in a manner that is inconsistent with this Act; (b) a condition referred to in paragraph 12 (1)(c) or (d) is no longer met; or (c) a condition contained in the interim order is not met.
Online News Act — O-9.3 15
Reasons 15 The Commission must publish on its website reasons for (a) making or not making a requested exemption order; (b) deciding to make or not to make an interim order; and (c) deciding to repeal an exemption order or interim order.
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Statutory Instruments Act 16 The Statutory Instruments Act does not apply in respect of an exemption order or an interim order.
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Publication of orders 17 The Commission must publish on its website each exemption order and interim order that it makes.
Online News Act — O-9.3 18
Definition of party 18 In sections 19 to 44 , party means, as applicable, an operator, an eligible news business or a group of eligible news businesses.
Online News Act — O-9.3 19
Steps in bargaining process 19 (1) The bargaining process consists of (a) negotiation or bargaining sessions over a period of 90 days; (b) if the parties are unable, within the negotiation or bargaining period, to reach an agreement, mediation sessions over a period of 120 days, beginning on the day after the end of the negotiation or bargaining period; and (c) if the parties are unable, within the mediation period, to reach an agreement and at least one of the parties wishes to initiate arbitration, final offer arbitration for a period of 45 days, beginning on the day after the end of the mediation period. Extension (1.1) On request of both parties, the Commission may extend a period provided for in any of paragraphs (1)(a) to (c). Scope of bargaining process (2) The bargaining process is limited to matters related to the making available, by the digital news intermediary in question, of news content produced by a news outlet that is identified under section 30 as a subject of the bargaining process and, if an application is made under subsection 31 (1), determined by the Commission to be a subject of the bargaining process. Scope of final offer arbitration (3) Any final offer arbitration under the bargaining process is limited to monetary disputes.
Online News Act — O-9.3 20
Initiation of bargaining process 20 Only an eligible news business that is listed under subsection 29 (1) or a group of eligible news businesses that are listed under that section may initiate the bargaining process with an operator.
Online News Act — O-9.3 21
Duty to bargain 21 An operator must participate in the bargaining process with the eligible news business or group of eligible news businesses that initiated it.
Online News Act — O-9.3 22
Good faith 22 Parties that are participating in the bargaining process must do so in good faith.
Online News Act — O-9.3 23
Initiation of bargaining process 23 For greater certainty, an eligible news business or a group of eligible news businesses may initiate the bargaining process in relation to news content in which copyright subsists only if (a) the business or a member of the group owns the copyright or is otherwise authorized to bargain in relation to the content; or (b) the group is authorized to bargain in relation to the content.
Online News Act — O-9.3 24
Limitations and exceptions 24 For greater certainty, limitations and exceptions to copyright under the Copyright Act do not limit the scope of the bargaining process.
Online News Act — O-9.3 25
Mediation and final offer arbitration 25 For greater certainty, the use of news content is not to be the subject of mediation sessions or final offer arbitration during the bargaining process if the operator in question (a) has made payments to the eligible news business in question for the use of that content in accordance with a licence or agreement between the operator and the business; or (b) has made payments or has offered to make payments to the business in question for the use of that content in accordance with the relevant tariff approved by the Copyright Board for the use of that content.
Online News Act — O-9.3 26
Liability of operators 26 (1) If news content is made available by a digital news intermediary and its operator is a party to a covered agreement in relation to the making available of the news content by the intermediary, the operator is not liable under the Copyright Act for an infringement of copyright in relation to activities that are subjects of that agreement. For greater certainty (2) For greater certainty, nothing in this Act limits the liability of an eligible news business under the Copyright Act for an infringement of copyright.
Online News Act — O-9.3 27
Eligible news businesses — designation 27 (1) At the request of a news business, the Commission must, by order, designate the business as eligible if it (a) is a qualified Canadian journalism organization as defined in subsection 248(1) of the Income Tax Act , or is licensed by the Commission under paragraph 9(1)(b) of the Broadcasting Act as a campus station , community station or native station as those terms are defined in regulations made under that Act or other categories of licensees established by the Commission with a similar community mandate; (b) produces news content of public interest that is primarily focused on matters of general interest and reports of current events, including coverage of democratic institutions and processes, and (i) regularly employs two or more journalists in Canada, which journalists may include journalists who own or are a partner in the news business and journalists who do not deal at arm’s length with the business, (ii) operates in Canada, including having content edited and designed in Canada, (iii) produces news content that is not primarily focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment, and (iv) is either a member of a recognized journalistic association and follows the code of ethics of a recognized journalistic association or has its own code of ethics whose standards of professional conduct require adherence to the recognized processes and principles of the journalism profession, including fairness, independence and rigour in reporting news and handling sources; or (c) operates an Indigenous news outlet in Canada and produces news content that includes matters of general interest, including coverage of matters relating to the rights of Indigenous peoples, including the right of self-government and treaty rights. Revoked designation (3) Despite subsection (1), a news business must not be designated as eligible if it was previously designated and had its designation revoked under paragraph 59(1)(c). Ineligible news businesses (3.1) Despite subsection (1), a news business must not be designated as eligible if (a) the news business is the subject of sanctions under the United Nations Act , the Special Economic Measures Act or the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) , or is owned or controlled by an individual or entity that is the subject of such sanctions; or (b) the news business has its headquarters in a foreign state , as defined in section 2 of the Special Economic Measures Act , that is the subject of measures under an Act referred to in paragraph (a). Revoked designation (3.2) If a news business described in paragraph (3.1)(a) or (b) was previously designated as eligible, the Commission must, by order, revoke the order designating the business as eligible. Statutory Instruments Act (4) The Statutory Instruments Act does not apply in respect of an order made under subsection (1).
Online News Act — O-9.3 28
Provincial public broadcasters 28 The designation of a provincial public broadcaster as an eligible news business is subject to any other conditions specified in regulations made by the Governor in Council.
Online News Act — O-9.3 29
Public list 29 (1) The Commission must maintain a list of eligible news businesses and publish that list on its website. An eligible news business is only included on the list if it gives its consent. Statutory Instruments Act (2) The Statutory Instruments Act does not apply in respect of the list maintained under subsection (1).
Online News Act — O-9.3 30
Identification of news outlets 30 When initiating the bargaining process, an eligible news business or group of eligible news businesses must notify the operator of the digital news intermediary in question of the news outlets that are to be the subjects of the bargaining process.
Online News Act — O-9.3 31
Application to Commission 31 (1) If the operator is of the opinion that a news outlet identified under section 30 by an eligible news business or group of eligible news businesses should not be a subject of the bargaining process, it may apply to the Commission for a determination of the issue. Determination (2) A news outlet is to be a subject of the bargaining process if the Commission is of the opinion that the outlet is operated exclusively for the purpose of producing news content — including local, regional and national news content — consisting primarily of original news content that is (a) produced primarily for the Canadian news marketplace; (b) focused on matters of general interest and reports of current events, including coverage of democratic institutions and processes; (c) not focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment; and (d) not intended to promote the interests, or report on the activities, of an organization, an association or its members. Special case — Indigenous news outlet (2.1) Despite subsection (2), an Indigenous news outlet is to be a subject of the bargaining process if it (a) operates in Canada; and (b) produces news content that includes matters of general interest, including coverage of matters relating to the rights of Indigenous peoples, including the right of self-government. Summary dismissal (3) If the Commission is of the opinion that an application under subsection (1) is frivolous, vexatious or not made in good faith, it may dismiss the application summarily and the news outlet that is otherwise the subject of the application is a subject of the bargaining process.
Online News Act — O-9.3 32
Agreement with group 32 (1) If a group of eligible news businesses enters into an agreement with an operator as a result of bargaining or mediation sessions under the bargaining process, the group must file a copy of the agreement with the Commission within 15 days after the day on which it is entered into. For greater certainty (2) For greater certainty, nothing in this Act prevents the agreement from applying to eligible news businesses that join the group after the agreement is entered into if the agreement provides for it.
Online News Act — O-9.3 33
Roster of qualified arbitrators 33 (1) The Commission must publish qualifications for arbitrators on its website and must maintain a roster of arbitrators who meet those qualifications. Indigenous persons on roster (1.1) The Commission must ensure that the roster includes Indigenous persons. Proposals (2) Parties that are engaging in bargaining or mediation sessions may propose candidates for the roster.
Online News Act — O-9.3 34
Arbitration panel 34 (1) A final offer arbitration must be conducted by a panel that is composed of three arbitrators who (a) are selected by the parties from the roster; or (b) are appointed by the Commission from the roster, if the parties do not select the arbitrators within a period that the Commission considers reasonable. Appointment by Commission (2) The Commission must take the preferences of the parties into account if it appoints the arbitrators to the panel. Status (3) An arbitration panel is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act .
Online News Act — O-9.3 35
Conflicts of interest 35 (1) If the Commission is of the opinion that an arbitrator selected by the parties has a conflict of interest, that arbitrator is ineligible to be a panel member and a replacement must be (a) selected by the parties from the roster; or (b) appointed by the Commission from the roster, if the parties do not select the replacement within a period that the Commission considers reasonable. Appointment by Commission (2) The Commission must not appoint an arbitrator who has a conflict of interest.
Online News Act — O-9.3 36
Commission assistance 36 (1) The Commission may, at the request of an arbitration panel, provide administrative and technical assistance to the panel and may, on any terms that the Commission considers necessary, disclose to the panel any information, including confidential information, in the Commission’s possession that, in the Commission’s opinion, is necessary for a balanced and informed decision-making process, on the condition that the Commission ensures that the arbitration panel or each individual arbitrator that presides over the final offer arbitration does not further disclose any confidential information other than during the arbitration, including by imposing any further terms that the Commission considers necessary. Confidentiality (2) Each individual arbitrator must take all reasonably necessary measures to ensure that confidential information disclosed to them under subsection (1) is not disclosed other than during the arbitration. Offence — confidentiality (3) Every individual who contravenes subsection (2) is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not more than $5,000; and (b) for a second or subsequent offence, to a fine of not more than $10,000.
Online News Act — O-9.3 37
Decision of arbitration panel 37 The arbitration panel makes its decision by selecting the final offer made by one of the parties.
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Factors 38 An arbitration panel must take the following factors into account in making its decision: (a) the value added, monetary and otherwise, to the news content in question by each party, as assessed in terms of their investments, expenditures and other actions in relation to that content; (b) the benefits, monetary and otherwise, that each party receives from the content being made available by the digital news intermediary in question; and (c) the bargaining power imbalance between the news business and the operator of the digital news intermediary in question.
Online News Act — O-9.3 39
Dismissal of offers 39 (1) An arbitration panel must dismiss any offer that, in its opinion, (a) allows a party to exercise undue influence over the amount of compensation to be paid or received; (b) is not in the public interest because the offer would be highly likely to result in serious detriment to the provision of news content to persons in Canada; or (c) is inconsistent with the purposes of enhancing fairness in the Canadian digital news marketplace and contributing to its sustainability. Effect of dismissal (2) If the arbitration panel dismisses, in accordance with subsection (1), the final offer made by one of the parties, it must accept the final offer made by the other party. Reasons and new offers (3) If the arbitration panel dismisses, in accordance with subsection (1), the final offer made by each of the parties, it must provide written reasons to the parties and give them an opportunity to make a new offer.
Online News Act — O-9.3 40
Other submissions 40 An arbitration panel may, in making its decision, seek oral or written submissions from the Commission and from the Commissioner of Competition appointed under subsection 7(1) of the Competition Act .
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Decision final 41 An arbitration panel’s decision is final.
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Decision deemed to be agreement 42 An arbitration panel’s decision is deemed, for the purposes of its enforceability, to be an agreement entered into by the parties.
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Reasons 43 An arbitration panel must provide written reasons for its decision to the parties and the Commission.
Online News Act — O-9.3 44
Costs 44 The arbitration panel may apportion the costs related to final offer arbitration between the parties, if the parties cannot agree, within a period that the panel considers reasonable, on how to share the costs. In doing so, the panel must take into account each party’s ability to pay, their conduct during the arbitration and any other factor that it considers appropriate.
Online News Act — O-9.3 45
Right of recovery 45 For greater certainty, an eligible news business or group of eligible news businesses may, during the period specified in a covered agreement, collect payments due under it and, if they are not made, recover the payments in a court of competent jurisdiction.
Online News Act — O-9.3 46
Compliance order 46 For greater certainty, if a provision of a covered agreement is not complied with, a party to the agreement may, in addition to any other remedy available, apply to a court of competent jurisdiction for an order directing compliance with the provision.
Online News Act — O-9.3 47
Covered agreements 47 Sections 45 and 90.1 of the Competition Act do not apply in respect of (a) any activity, including the making of payments or the exchange of information, that is carried out in accordance with a covered agreement between an operator and a group of eligible news businesses; (b) any provision of the covered agreement that is related to that activity; or (c) any bargaining or mediation session or any final offer arbitration under the bargaining process set out in sections 18 to 44 to which an operator and a group of eligible news businesses are parties.
Online News Act — O-9.3 48
Other agreements 48 (1) Sections 45 and 90.1 of the Competition Act also do not apply in respect of (a) any bargaining activity between an operator and a group of eligible news businesses that is conducted with a view to entering into an agreement; (b) any activity, including the making of payments or the exchange of information, that is carried out in accordance with an agreement; or (c) any provision of an agreement that is related to an activity referred to in paragraph (b). Definition of agreement (2) In this section, agreement means an agreement that (a) is not a covered agreement; (b) is entered into by an operator and a group of eligible news businesses the members of which operate news outlets that produce news content primarily for the Canadian news marketplace; and (c) is in relation to the making available of that content by a digital news intermediary operated by the operator.