| Page 1 | |
| First Session, Forty-fourth Parliament, | |
| 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 | |
| STATUTES OF CANADA 2023 | |
| CHAPTER 23 | |
| An Act respecting online communications | |
| platforms that make news content available | |
| to persons in Canada | |
| ASSENTED TO | |
| JUNE 22, 2023 | |
| BILL C-18 | |
| Page 2 | |
| RECOMMENDATION | |
| Her Excellency the Governor General recommends to the House | |
| of Commons the appropriation of public revenue under the cir- | |
| cumstances, in the manner and for the purposes set out in a | |
| measure entitled “An Act respecting online communications | |
| platforms that make news content available to persons in | |
| Canada”. | |
| SUMMARY | |
| 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 in- | |
| to 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 ser- | |
| vice providers as defined in the Telecommunications Act; | |
| (d) requires the Canadian Radio-television and Telecommu- | |
| nications Commission (the “Commission”) to maintain a list | |
| of digital news intermediaries in respect of which the enact- | |
| ment applies; | |
| (e) requires the Commission to exempt a digital news inter- | |
| mediary 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 cer- | |
| tain 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 eligi- | |
| bility of a digital news intermediary for an exemption; | |
| (g) establishes a bargaining process in respect of matters re- | |
| lated to the making available of certain news content by digi- | |
| tal news intermediaries; | |
| (h) establishes eligibility criteria and a designation process | |
| for news businesses that wish to participate in the bargaining | |
| process; | |
| Available on the House of Commons website at the following address: | |
| www.ourcommons.ca | |
| 2021-2022-2023 | |
| Page 3 | |
| (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 unreason- | |
| able 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 in- | |
| formation for the purpose of exercising its powers and per- | |
| forming its duties and functions under the enactment; | |
| (m) requires the Canadian Broadcasting Corporation to pro- | |
| vide 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 infor- | |
| mation to the responsible Minister, the Chief Statistician of | |
| Canada and the Commissioner of Competition, while permit- | |
| ting 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 cer- | |
| tain individuals and entities and conditions on the participa- | |
| tion 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 en- | |
| actment on the Canadian digital news marketplace. | |
| Finally, the enactment makes related amendments to other Acts. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| SUMMARY | |
| Page 4 | |
| Page 5 | |
| TABLE OF PROVISIONS | |
| An Act respecting online communications platforms | |
| that make news content available to persons in | |
| Canada | |
| Short Title | |
| Online News Act | |
| 1 | |
| Interpretation | |
| Definitions | |
| 2 | |
| Freedom of expression | |
| 3 | |
| Purpose | |
| Purpose | |
| 4 | |
| Designation of Minister | |
| Designation | |
| 5 | |
| Application | |
| Application | |
| 6 | |
| Duty to notify | |
| 7 | |
| List of digital news intermediaries | |
| 8 | |
| Broadcasting | |
| 9 | |
| Telecommunications service providers | |
| 10 | |
| Exemptions | |
| Exemption order | |
| 11 | |
| Interim order | |
| 12 | |
| For greater certainty | |
| 13 | |
| Review | |
| 14 | |
| Reasons | |
| 15 | |
| Statutory Instruments Act | |
| 16 | |
| Publication of orders | |
| 17 | |
| Bargaining Process | |
| Overview | |
| Definition of party | |
| 18 | |
| Steps in bargaining process | |
| 19 | |
| Initiation of bargaining process | |
| 20 | |
| Duty to bargain | |
| 21 | |
| Good faith | |
| 22 | |
| 2021-2022-2023 | |
| Page 6 | |
| Copyright | |
| Initiation of bargaining process | |
| 23 | |
| Limitations and exceptions | |
| 24 | |
| Mediation and final offer arbitration | |
| 25 | |
| Liability of operators | |
| 26 | |
| Eligibility | |
| Eligible news businesses — designation | |
| 27 | |
| Provincial public broadcasters | |
| 28 | |
| Public list | |
| 29 | |
| Identification of news outlets | |
| 30 | |
| Application to Commission | |
| 31 | |
| Agreements | |
| Agreement with group | |
| 32 | |
| Final Offer Arbitration | |
| Roster of qualified arbitrators | |
| 33 | |
| Arbitration panel | |
| 34 | |
| Conflicts of interest | |
| 35 | |
| Commission assistance | |
| 36 | |
| Decision of arbitration panel | |
| 37 | |
| Factors | |
| 38 | |
| Dismissal of offers | |
| 39 | |
| Other submissions | |
| 40 | |
| Decision final | |
| 41 | |
| Decision deemed to be agreement | |
| 42 | |
| Reasons | |
| 43 | |
| Costs | |
| 44 | |
| Civil Remedies | |
| Right of recovery | |
| 45 | |
| Compliance order | |
| 46 | |
| Competition Act | |
| Covered agreements | |
| 47 | |
| Other agreements | |
| 48 | |
| Code of Conduct | |
| Establishment of code | |
| 49 | |
| Compliance order | |
| 50 | |
| Discrimination, Preference and | |
| Disadvantage | |
| Prohibition | |
| 51 | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| TABLE OF PROVISIONS | |
| Page 7 | |
| Complaint | |
| 52 | |
| Provision of Information | |
| Duty to provide information | |
| 53 | |
| Canadian Broadcasting Corporation | |
| 53.1 | |
| Minister and Chief Statistician | |
| 54 | |
| Confidential information | |
| 55 | |
| Offence — disclosure | |
| 56 | |
| Administration and Enforcement | |
| Production Orders | |
| Designated persons | |
| 57 | |
| Power to order production | |
| 58 | |
| News Businesses | |
| Contravention — eligible news business | |
| 59 | |
| Administrative Monetary Penalties | |
| Violation — operators, directors, etc. | |
| 60 | |
| Maximum amount of penalty | |
| 61 | |
| Procedures | |
| 62 | |
| Designation | |
| 63 | |
| Notice of violation | |
| 64 | |
| Undertaking | |
| 65 | |
| Payment of penalty | |
| 66 | |
| Evidence | |
| 67 | |
| Burden of proof | |
| 68 | |
| Defence | |
| 69 | |
| Directors, officers, etc. | |
| 70 | |
| Vicarious liability | |
| 71 | |
| Limitation or prescription period | |
| 72 | |
| Information may be made public | |
| 73 | |
| Receiver General | |
| 74 | |
| Debt due to Her Majesty | |
| 75 | |
| Regulations | |
| 76 | |
| Other Provisions | |
| Judicial powers | |
| 77 | |
| Sections 126 and 127 of Criminal Code | |
| 78 | |
| Financial Provisions | |
| Fees for services | |
| 79 | |
| Costs apportioned by Commission | |
| 80 | |
| Cost recovery | |
| 81 | |
| Debt due to Her Majesty | |
| 82 | |
| Spending | |
| 83 | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| TABLE OF PROVISIONS | |
| Page 8 | |
| Regulations | |
| Regulations — Governor in Council | |
| 84 | |
| Regulations — Commission | |
| 85 | |
| Independent Review | |
| Annual report — independent auditor | |
| 86 | |
| Review of Act | |
| Review | |
| 87 | |
| Related Amendments | |
| Access to Information Act | |
| 88 | |
| Canadian | |
| Radio-television | |
| and | |
| Telecommunications | |
| Commission Act | |
| 89 | |
| Broadcasting Act | |
| 91 | |
| Telecommunications Act | |
| 92 | |
| Coming into Force | |
| Order in council | |
| 93 | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| TABLE OF PROVISIONS | |
| Page 9 | |
| 70-71 ELIZABETH II – 1 CHARLES III | |
| CHAPTER 23 | |
| An Act respecting online communications platforms | |
| that make news content available to persons in | |
| Canada | |
| [Assented to 22nd June, 2023] | |
| His Majesty, by and with the advice and consent of | |
| the Senate and House of Commons of Canada, | |
| enacts as follows: | |
| Short Title | |
| Short title | |
| 1 This Act may be cited as the Online News Act. | |
| Interpretation | |
| Definitions | |
| 2 (1) The following definitions apply in this Act. | |
| Commission means the Canadian Radio-television and | |
| Telecommunications Commission. (Conseil) | |
| covered agreement means, as applicable, | |
| (a) an agreement that is entered into as a result of | |
| bargaining sessions referred to in paragraph 19(1)(a) | |
| or mediation sessions referred to in paragraph | |
| 19(1)(b); or | |
| (b) an arbitration panel’s decision that is deemed to | |
| be an agreement under section 42. (accord assujetti) | |
| digital news intermediary means an online communi- | |
| cations platform, including a search engine or social me- | |
| dia service, that is subject to the legislative authority of | |
| Parliament and that makes news content produced by | |
| news outlets available to persons in Canada. It does not | |
| include an online communications platform that is a | |
| messaging service the primary purpose of which is to al- | |
| low persons to communicate with each other privately. | |
| (intermédiaire de nouvelles numériques) | |
| 2021-2022-2023 | |
| Page 10 | |
| eligible in relation to a news business, means that the | |
| business is designated under subsection 27(1). (admis- | |
| sible) | |
| entity includes a corporation or a trust, partnership, | |
| fund, joint venture or any other unincorporated associa- | |
| tion or organization. (entité) | |
| Indigenous news outlet means an undertaking or any | |
| distinct part of an undertaking whose primary purpose is | |
| to produce news content and that | |
| (a) is operated by an individual who belongs to an In- | |
| digenous group, community or people; and | |
| (b) produces news content primarily for Indigenous | |
| peoples. (média d’information autochtone) | |
| Indigenous peoples has the meaning assigned by the | |
| definition aboriginal peoples of Canada in subsection | |
| 35(2) of the Constitution Act, 1982. (peuples autoch- | |
| tones) | |
| Minister means the Minister of Canadian Heritage or, if | |
| another federal minister is designated under section 5, | |
| that minister. (ministre) | |
| news business means an individual or entity that oper- | |
| ates a news outlet in Canada. (entreprise de nouvelles) | |
| news content means content — in any format, includ- | |
| ing an audio or audiovisual format — that reports on, in- | |
| vestigates or explains current issues or events of public | |
| interest and includes such content that an Indigenous | |
| news outlet makes available by means of Indigenous sto- | |
| rytelling. (contenu de nouvelles) | |
| news outlet means an undertaking or any distinct part | |
| of an undertaking whose primary purpose is to produce | |
| news content and includes an Indigenous news outlet or | |
| an official language minority community news outlet. | |
| (média d’information) | |
| official language minority community means English- | |
| speaking communities in Quebec and French-speaking | |
| communities outside Quebec. (communauté de langue | |
| officielle en situation minoritaire) | |
| official language minority community news outlet | |
| means an undertaking or any distinct part of an under- | |
| taking whose primary purpose is to produce news con- | |
| tent and that produces news content primarily for an of- | |
| ficial language minority community. (média d’informa- | |
| tion de communauté de langue officielle en situation | |
| minoritaire) | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Interpretation | |
| Section | |
| 2 | |
| Page 11 | |
| operator means an individual or entity that, through | |
| any means, operates a digital news intermediary. (ex- | |
| ploitant) | |
| Making available of news content | |
| (2) For the purposes of this Act, news content is made | |
| available if | |
| (a) the news content, or any portion of it, is repro- | |
| duced; or | |
| (b) access to the news content, or any portion of it, is | |
| facilitated by any means, including an index, aggrega- | |
| tion or ranking of news content. | |
| Freedom of expression | |
| 3 (1) For greater certainty, this Act is to be interpreted | |
| and applied in a manner that is consistent with freedom | |
| of expression. | |
| Journalistic independence | |
| (2) This Act is to be interpreted and applied in a manner | |
| that supports the journalistic independence enjoyed by | |
| news outlets in relation to news content produced pri- | |
| marily for the Canadian news marketplace, including lo- | |
| cal, regional and national news content. | |
| Treatment of news content | |
| (3) This Act is to be interpreted and applied in a manner | |
| that is aimed at ensuring news content is made available | |
| by digital news intermediaries without undue manipula- | |
| tion or interference. | |
| Purpose | |
| Purpose | |
| 4 The purpose of this Act is to regulate digital news in- | |
| termediaries with a view to enhancing fairness in the | |
| Canadian digital news marketplace and contributing to | |
| its sustainability, including the sustainability of news | |
| businesses in Canada, in both the non-profit and for- | |
| profits sectors, including independent local ones. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Interpretation | |
| Sections 2-4 | |
| Page 12 | |
| Designation of Minister | |
| Designation | |
| 5 The Governor in Council may, by order, designate any | |
| federal minister to be the Minister referred to in this Act. | |
| Application | |
| Application | |
| 6 This Act applies in respect of a digital news intermedi- | |
| ary if, having regard to the following factors, there is a | |
| significant bargaining power imbalance between its oper- | |
| ator and news businesses: | |
| (a) the size of the intermediary or the operator; | |
| (b) whether the market for the intermediary gives the | |
| operator a strategic advantage over news businesses; | |
| and | |
| (c) whether the intermediary occupies a prominent | |
| market position. | |
| Duty to notify | |
| 7 (1) If this Act applies in respect of a digital news inter- | |
| mediary, its operator must so notify the Commission. | |
| Information required | |
| (2) An individual or entity that operates an online com- | |
| munications platform must, at the request of the Com- | |
| mission and within the time and in the manner that it | |
| specifies, provide the Commission with any information | |
| that it requires for the purpose of verifying compliance | |
| with subsection (1) or preventing non-compliance with it. | |
| List of digital news intermediaries | |
| 8 (1) The Commission must maintain a list of digital | |
| news intermediaries in respect of which this Act applies. | |
| The list must set out each intermediary’s operator and | |
| contact information for that operator and specify | |
| whether an order made under subsection 11(1) or 12(1) | |
| applies in relation to the intermediary. | |
| Statutory Instruments Act | |
| (2) The Statutory Instruments Act does not apply in re- | |
| spect of the list maintained under subsection (1). | |
| Publication | |
| (3) The Commission must publish the list on its website. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Designation of Minister | |
| Sections 5-8 | |
| Page 13 | |
| Broadcasting | |
| 9 This Act does not apply in respect of a digital news in- | |
| termediary that is a broadcasting undertaking in re- | |
| spect of its broadcasting, as those terms are defined in | |
| subsection 2(1) of the Broadcasting Act. | |
| Telecommunications service providers | |
| 10 For greater certainty, this Act does not apply to a | |
| telecommunications service provider, as defined in | |
| subsection 2(1) of the Telecommunications Act, when it | |
| is acting solely in that capacity. | |
| Exemptions | |
| 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 pro- | |
| duce news content primarily for the Canadian news | |
| marketplace and the Commission is of the opinion | |
| that, taken as a whole, the agreements satisfy the fol- | |
| lowing criteria: | |
| (i) they provide for fair compensation to the news | |
| businesses for the news content that is made avail- | |
| able 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 na- | |
| tional news content, | |
| (iii) they do not allow corporate influence to under- | |
| mine the freedom of expression and journalistic in- | |
| dependence 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 con- | |
| tribute 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 en- | |
| tered into with news businesses that reflect a diver- | |
| sity of business models that provide services to all | |
| markets and diverse populations, including local | |
| and regional markets in every province and | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Application | |
| Sections 9-11 | |
| Page 14 | |
| territory, anglophone and francophone communi- | |
| ties, 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 minori- | |
| ty 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 in- | |
| termediary, 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 sec- | |
| tion 85 that is specified by the Commission, in its dis- | |
| cretion, in the order. | |
| Conditions | |
| (3) The order may contain any conditions the Commis- | |
| sion 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 applica- | |
| tion 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 re- | |
| newed. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Exemptions | |
| Section | |
| 11 | |
| Page 15 | |
| 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 condi- | |
| tions 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 pro- | |
| duce 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 crite- | |
| ria 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 con- | |
| tain any other condition the Commission considers ap- | |
| propriate, 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. | |
| For greater certainty | |
| 13 For greater certainty, agreements referred to in para- | |
| graph 11(1)(a) or 12(1)(b) include agreements that were | |
| entered into before the day on which this section comes | |
| into force. | |
| Review | |
| 14 (1) For greater certainty, the Commission may re- | |
| view an exemption order or an interim order. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Exemptions | |
| Sections 12-14 | |
| Page 16 | |
| 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. | |
| Reasons | |
| 15 The Commission must publish on its website reasons | |
| for | |
| (a) making or not making a requested exemption or- | |
| der; | |
| (b) deciding to make or not to make an interim order; | |
| and | |
| (c) deciding to repeal an exemption order or interim | |
| order. | |
| Statutory Instruments Act | |
| 16 The Statutory Instruments Act does not apply in re- | |
| spect of an exemption order or an interim order. | |
| Publication of orders | |
| 17 The Commission must publish on its website each ex- | |
| emption order and interim order that it makes. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Exemptions | |
| Sections 14-17 | |
| Page 17 | |
| Bargaining Process | |
| Overview | |
| 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. | |
| 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 peri- | |
| od; and | |
| (c) if the parties are unable, within the mediation pe- | |
| riod, to reach an agreement and at least one of the | |
| parties wishes to initiate arbitration, final offer arbi- | |
| tration 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 bar- | |
| gaining process and, if an application is made under sub- | |
| section 31(1), determined by the Commission to be a sub- | |
| ject of the bargaining process. | |
| Scope of final offer arbitration | |
| (3) Any final offer arbitration under the bargaining pro- | |
| cess is limited to monetary disputes. | |
| 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 bar- | |
| gaining process with an operator. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Sections 18-20 | |
| Page 18 | |
| Duty to bargain | |
| 21 An operator must participate in the bargaining pro- | |
| cess with the eligible news business or group of eligible | |
| news businesses that initiated it. | |
| Good faith | |
| 22 Parties that are participating in the bargaining pro- | |
| cess must do so in good faith. | |
| Copyright | |
| Initiation of bargaining process | |
| 23 For greater certainty, an eligible news business or a | |
| group of eligible news businesses may initiate the bar- | |
| gaining 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 rela- | |
| tion to the content; or | |
| (b) the group is authorized to bargain in relation to | |
| the content. | |
| 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. | |
| 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 arbi- | |
| tration 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 pay- | |
| ments to the business in question for the use of that | |
| content in accordance with the relevant tariff ap- | |
| proved by the Copyright Board for the use of that con- | |
| tent. | |
| 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 | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Overview | |
| Sections 21-26 | |
| Page 19 | |
| in relation to activities that are subjects of that agree- | |
| ment. | |
| For greater certainty | |
| (2) For greater certainty, nothing in this Act limits the li- | |
| ability of an eligible news business under the Copyright | |
| Act for an infringement of copyright. | |
| Eligibility | |
| Eligible news businesses — designation | |
| 27 (1) At the request of a news business, the Commis- | |
| sion 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 oth- | |
| er categories of licensees established by the Commis- | |
| sion 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 demo- | |
| cratic 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 fo- | |
| cused on a particular topic such as industry-specific | |
| news, sports, recreation, arts, lifestyle or entertain- | |
| ment, and | |
| (iv) is either a member of a recognized journalistic | |
| association and follows the code of ethics of a rec- | |
| ognized 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 gener- | |
| al interest, including coverage of matters relating to | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Copyright | |
| Sections 26-27 | |
| Page 20 | |
| 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 Mea- | |
| sures Act or the Justice for Victims of Corrupt For- | |
| eign 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 for- | |
| eign state, as defined in section 2 of the Special Eco- | |
| nomic 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 Commis- | |
| sion must, by order, revoke the order designating the | |
| business as eligible. | |
| Statutory Instruments Act | |
| (4) The Statutory Instruments Act does not apply in re- | |
| spect of an order made under subsection (1). | |
| Provincial public broadcasters | |
| 28 The designation of a provincial public broadcaster as | |
| an eligible news business is subject to any other condi- | |
| tions specified in regulations made by the Governor in | |
| Council. | |
| Public list | |
| 29 (1) The Commission must maintain a list of eligible | |
| news businesses and publish that list on its website. An | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Eligibility | |
| Sections 27-29 | |
| Page 21 | |
| 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 re- | |
| spect of the list maintained under subsection (1). | |
| 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. | |
| 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 sub- | |
| ject of the bargaining process, it may apply to the Com- | |
| mission for a determination of the issue. | |
| Determination | |
| (2) A news outlet is to be a subject of the bargaining pro- | |
| cess 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 market- | |
| place; | |
| (b) focused on matters of general interest and reports | |
| of current events, including coverage of democratic in- | |
| stitutions and processes; | |
| (c) not focused on a particular topic such as industry- | |
| specific news, sports, recreation, arts, lifestyle or en- | |
| tertainment; 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. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Eligibility | |
| Sections 29-31 | |
| Page 22 | |
| Summary dismissal | |
| (3) If the Commission is of the opinion that an applica- | |
| tion under subsection (1) is frivolous, vexatious or not | |
| made in good faith, it may dismiss the application sum- | |
| marily and the news outlet that is otherwise the subject | |
| of the application is a subject of the bargaining process. | |
| Agreements | |
| 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 Com- | |
| mission within 15 days after the day on which it is en- | |
| tered 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. | |
| Final Offer Arbitration | |
| 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 in- | |
| cludes Indigenous persons. | |
| Proposals | |
| (2) Parties that are engaging in bargaining or mediation | |
| sessions may propose candidates for the roster. | |
| 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 pe- | |
| riod that the Commission considers reasonable. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Eligibility | |
| Sections 31-34 | |
| Page 23 | |
| 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, commis- | |
| sion or other tribunal for the purposes of the Federal | |
| Courts Act. | |
| Conflicts of interest | |
| 35 (1) If the Commission is of the opinion that an arbi- | |
| trator 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 peri- | |
| od that the Commission considers reasonable. | |
| Appointment by Commission | |
| (2) The Commission must not appoint an arbitrator who | |
| has a conflict of interest. | |
| Commission assistance | |
| 36 (1) The Commission may, at the request of an arbi- | |
| tration panel, provide administrative and technical assis- | |
| tance to the panel and may, on any terms that the Com- | |
| mission considers necessary, disclose to the panel any in- | |
| formation, including confidential information, in the | |
| Commission’s possession that, in the Commission’s opin- | |
| ion, is necessary for a balanced and informed decision- | |
| making process, on the condition that the Commission | |
| ensures that the arbitration panel or each individual arbi- | |
| trator 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 informa- | |
| tion disclosed to them under subsection (1) is not dis- | |
| closed 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, | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Final Offer Arbitration | |
| Sections 34-36 | |
| Page 24 | |
| (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. | |
| Decision of arbitration panel | |
| 37 The arbitration panel makes its decision by selecting | |
| the final offer made by one of the parties. | |
| 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 ac- | |
| tions 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 interme- | |
| diary in question. | |
| 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. | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Final Offer Arbitration | |
| Sections 36-39 | |
| Page 25 | |
| 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. | |
| Decision final | |
| 41 An arbitration panel’s decision is final. | |
| 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. | |
| Reasons | |
| 43 An arbitration panel must provide written reasons for | |
| its decision to the parties and the Commission. | |
| Costs | |
| 44 The arbitration panel may apportion the costs related | |
| to final offer arbitration between the parties, if the par- | |
| ties cannot agree, within a period that the panel consid- | |
| ers 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. | |
| Civil Remedies | |
| 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. | |
| 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. | |
| Competition Act | |
| Covered agreements | |
| 47 Sections 45 and 90.1 of the Competition Act do not | |
| apply in respect of | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Bargaining Process | |
| Final Offer Arbitration | |
| Sections 40-47 | |
| Page 26 | |
| (a) any activity, including the making of payments or | |
| the exchange of information, that is carried out in ac- | |
| cordance with a covered agreement between an opera- | |
| tor and a group of eligible news businesses; | |
| (b) any provision of the covered agreement that is re- | |
| lated 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. | |
| 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 ac- | |
| cordance 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 eligi- | |
| ble 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 con- | |
| tent by a digital news intermediary operated by the | |
| operator. | |
| Code of Conduct | |
| Establishment of code | |
| 49 (1) The Commission must, by regulation, establish a | |
| code of conduct respecting bargaining in relation to news | |
| content — including any bargaining and mediation ses- | |
| sions during the bargaining process set out in sections 18 | |
| to 44 — between | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Competition Act | |
| Sections 47-49 | |
| Page 27 | |
| (a) operators of digital news intermediaries that make | |
| available news content that is produced primarily for | |
| the Canadian news marketplace by news outlets; and | |
| (b) eligible news businesses or groups of eligible news | |
| businesses. | |
| Purpose of code | |
| (2) The purpose of the code is to support fairness and | |
| transparency in bargaining in relation to news content. | |
| Mandatory contents | |
| (3) The code of conduct must contain provisions | |
| (a) respecting the requirement to bargain in good | |
| faith that is set out in section 22; | |
| (b) requiring parties to bargain in good faith even if | |
| they are bargaining outside of the bargaining process | |
| set out in sections 18 to 44; | |
| (c) respecting the requirement to bargain in good | |
| faith that is referred to in paragraph (b); and | |
| (d) respecting the information that the parties require | |
| to make informed business decisions. | |
| Discretionary contents | |
| (4) The code of conduct may, among other things, | |
| (a) prohibit the use of specified provisions in agree- | |
| ments, including agreements that are entered into as a | |
| result of bargaining or mediation sessions under the | |
| bargaining process set out in sections 18 to 44; and | |
| (b) set out examples of unfair behaviour that could | |
| arise during bargaining. | |
| Compliance order | |
| 50 (1) If an operator, eligible news business or group of | |
| eligible news businesses fails to comply with the code of | |
| conduct, the Commission may, by order, require the op- | |
| erator, business or group to take any measure the Com- | |
| mission considers necessary to remedy the non- | |
| compliance. | |
| Statutory Instruments Act | |
| (2) The Statutory Instruments Act does not apply in re- | |
| spect of an order made under subsection (1). | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Code of Conduct | |
| Sections 49-50 | |
| Page 28 | |
| Discrimination, Preference and | |
| Disadvantage | |
| Prohibition | |
| 51 In the course of making available news content that is | |
| produced primarily for the Canadian news marketplace | |
| by news outlets operated by eligible news businesses, the | |
| operator of a digital news intermediary must not act in | |
| any way that | |
| (a) unjustly discriminates against an eligible news | |
| business; | |
| (b) gives undue or unreasonable preference to any in- | |
| dividual or entity, including itself; or | |
| (c) subjects an eligible news business to an undue or | |
| unreasonable disadvantage. | |
| Complaint | |
| 52 (1) An eligible news business or group of eligible | |
| news businesses may make a complaint to the Commis- | |
| sion if the business or group has reasonable grounds to | |
| believe that an operator has, in relation to the business or | |
| a member of the group, contravened section 51. | |
| Factors to take into account | |
| (2) In determining whether an operator has contravened | |
| section 51, the Commission may take into account any | |
| factor it considers appropriate, but it must take into ac- | |
| count whether the conduct in question is | |
| (a) in the normal course of business for the operator; | |
| (b) retaliatory in nature; or | |
| (c) consistent with the purposes of this Act. | |
| Dismissal of complaint | |
| (3) If the Commission is of the opinion that a complaint | |
| under subsection (1) is frivolous, vexatious or not made | |
| in good faith, it may dismiss the complaint summarily. | |
| Provision of Information | |
| Duty to provide information | |
| 53 An operator or news business must, at the request of | |
| the Commission and within the time and in the manner | |
| that it specifies, provide the Commission with any infor- | |
| mation that it requires for the purpose of exercising its | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Discrimination, Preference and Disadvantage | |
| Sections 51-53 | |
| Page 29 | |
| powers or performing its duties and functions under this | |
| Act. | |
| Canadian Broadcasting Corporation | |
| 53.1 If the Canadian Broadcasting Corporation is party | |
| to an agreement with an operator in relation to the mak- | |
| ing available of news content by a digital news intermedi- | |
| ary, the Corporation must provide the Commission, with- | |
| in the time and in the manner that it specifies, with an | |
| annual report that includes the following information: | |
| (a) the amount of compensation received by the Cor- | |
| poration under agreements it has entered into with | |
| operators in relation to the making available of news | |
| content by digital news intermediaries; | |
| (b) information relating to the Corporation’s use of | |
| that compensation; and | |
| (c) information relating to the contribution of those | |
| agreements to the sustainability of the Canadian digi- | |
| tal news marketplace, including any such information | |
| that the Commission specifies must be included in the | |
| report. | |
| Minister and Chief Statistician | |
| 54 (1) The Commission must, on request, provide the | |
| Minister or the Chief Statistician of Canada with any in- | |
| formation submitted to the Commission under this Act. | |
| Restriction | |
| (2) Information that is provided to the Minister in accor- | |
| dance with subsection (1) is only to be used by the Minis- | |
| ter for the purpose of permitting the Minister and the | |
| Governor in Council to exercise their powers and per- | |
| form their duties and functions under this Act. | |
| Confidential information | |
| 55 (1) For the purposes of this section, an individual or | |
| entity that submits any of the following information to | |
| the Commission may designate it as confidential: | |
| (a) information that is a trade secret; | |
| (b) financial, commercial, scientific or technical infor- | |
| mation that is confidential and that is treated consis- | |
| tently in a confidential manner by the individual or | |
| entity that submitted it; or | |
| (c) information the disclosure of which could reason- | |
| ably be expected to | |
| (i) result in material financial loss or gain to any in- | |
| dividual or entity, | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Provision of Information | |
| Sections 53-55 | |
| Page 30 | |
| (ii) prejudice the competitive position of any indi- | |
| vidual or entity, or | |
| (iii) affect contractual or other negotiations of any | |
| individual or entity. | |
| Prohibition — disclosure | |
| (2) Subject to subsections (4), (5), (7) and (8), if an indi- | |
| vidual or entity designates information as confidential | |
| and the designation is not withdrawn by them, it is pro- | |
| hibited for an individual described in subsection (3) to | |
| knowingly disclose the information, or knowingly allow it | |
| to be disclosed, to any individual or entity in any manner | |
| that is calculated or likely to make it available for the use | |
| of any individual or entity that may benefit from the in- | |
| formation or use it to the detriment of any other individ- | |
| ual or entity to whose business or affairs the information | |
| relates. | |
| Application to individuals | |
| (3) Subsection (2) applies to any individual referred to in | |
| any of the following paragraphs who comes into posses- | |
| sion of designated information while holding the office or | |
| employment described in that paragraph, whether or not | |
| the individual has ceased to hold that office or be so em- | |
| ployed: | |
| (a) a member of, or individual employed by, the Com- | |
| mission; | |
| (b) in respect of information disclosed under para- | |
| graph (4)(b) or (5)(b), the Commissioner of Competi- | |
| tion appointed under subsection 7(1) of the Competi- | |
| tion Act or an individual whose duties involve the car- | |
| rying out of that Act and who is referred to in section | |
| 25 of that Act; and | |
| (c) in respect of information provided under subsec- | |
| tion 54(1), the Minister, the Chief Statistician of | |
| Canada or an agent of or an individual employed in | |
| the federal public administration. | |
| Disclosure of information submitted in proceedings | |
| (4) If designated information is submitted in the course | |
| of proceedings before the Commission, the Commission | |
| may | |
| (a) disclose it or require its disclosure if it determines, | |
| after considering any representations from interested | |
| individuals and entities, that the disclosure is in the | |
| public interest; and | |
| (b) disclose it or require its disclosure to the Commis- | |
| sioner of Competition on the Commissioner’s request | |
| if the Commission determines that the information is | |
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| relevant to competition issues being considered in the | |
| proceedings. | |
| Disclosure of other information | |
| (5) If designated information is submitted to the Com- | |
| mission otherwise than in the course of proceedings be- | |
| fore it, the Commission may | |
| (a) disclose it or require its disclosure if, after consid- | |
| ering any representations from interested individuals | |
| and entities, it determines that the information is rele- | |
| vant to the determination of a matter before it and de- | |
| termines that the disclosure is in the public interest; | |
| and | |
| (b) disclose it or require its disclosure to the Commis- | |
| sioner of Competition on the Commissioner’s request | |
| if it determines that the information is relevant to | |
| competition issues being raised in the matter before it. | |
| Use of information disclosed to Commissioner of | |
| Competition | |
| (6) It is prohibited for the Commissioner of Competition | |
| and any individual whose duties involve the administra- | |
| tion and enforcement of the Competition Act and who is | |
| referred to in section 25 of that Act to use information | |
| that is disclosed | |
| (a) under paragraph (4)(b) other than to facilitate the | |
| Commissioner’s participation in proceedings referred | |
| to in subsection (4); or | |
| (b) under paragraph (5)(b) other than to facilitate the | |
| Commissioner’s participation in a matter referred to | |
| in subsection (5). | |
| Disclosure | |
| (7) The Commission may disclose designated informa- | |
| tion obtained by it if requested to do so under sub- | |
| section 54(1). | |
| Information inadmissible | |
| (8) Designated information that is not disclosed or re- | |
| quired to be disclosed under this section is not admissi- | |
| ble in evidence in any judicial proceedings except pro- | |
| ceedings for failure to submit information required to be | |
| submitted under this Act or for forgery, perjury or false | |
| declaration in relation to the submission of the informa- | |
| tion. | |
| Offence — disclosure | |
| 56 (1) Every individual who contravenes subsection | |
| 55(2) is guilty of an offence and is liable on summary con- | |
| viction, | |
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| (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. | |
| Offence — use | |
| (2) Every individual who contravenes subsection 55(6) 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. | |
| Defence | |
| (3) An individual is not to be found guilty of an offence | |
| under subsection (2) if they establish that they exercised | |
| due diligence to prevent the commission of the offence. | |
| Administration and | |
| Enforcement | |
| Production Orders | |
| Designated persons | |
| 57 The Commission may designate persons or classes of | |
| persons for the purposes of section 58. | |
| Power to order production | |
| 58 (1) A person designated under section 57 may, for a | |
| purpose related to verifying compliance or preventing | |
| non-compliance with this Act, by order require an opera- | |
| tor or an eligible news business to produce, within the | |
| time and in the manner specified in the order, for exami- | |
| nation or copying, any record, report, electronic data or | |
| other document that the designated person has reason- | |
| able grounds to believe contains information that is rele- | |
| vant to that purpose. | |
| Copies and data | |
| (2) The designated person may | |
| (a) make copies of or take extracts from the record, | |
| report, electronic data or other document produced | |
| under subsection (1); | |
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| (b) reproduce any document from the data, or cause it | |
| to be reproduced, in the form of a printout or other | |
| output; and | |
| (c) prepare a document, or cause one to be prepared, | |
| based on the data. | |
| Assistance | |
| (3) The operator or eligible news business and every di- | |
| rector, officer, employee and agent or mandatary of the | |
| operator or business must | |
| (a) give all assistance that is reasonably required to | |
| enable the designated person to exercise their powers | |
| and perform their duties and functions under this sec- | |
| tion, including by providing explanations respecting | |
| its organization, information technology systems, data | |
| handling and business activities; and | |
| (b) provide any documents or information, and access | |
| to any data, that are reasonably required for that pur- | |
| pose. | |
| Confidential information | |
| (4) The rules in section 55 respecting the designation and | |
| disclosure of information apply in respect of any infor- | |
| mation contained in a record, report, electronic data or | |
| other document that is provided to the designated person | |
| as if that person were a member of the Commission exer- | |
| cising the powers of the Commission. | |
| Statutory Instruments Act | |
| (5) The Statutory Instruments Act does not apply in re- | |
| spect of an order made under subsection (1). | |
| News Businesses | |
| Contravention — eligible news business | |
| 59 (1) If an eligible news business contravenes a provi- | |
| sion of this Act, a provision of the regulations or an order | |
| made under this Act, the Commission may, by order, | |
| (a) impose any conditions on the business that are de- | |
| signed to further its compliance with this Act, includ- | |
| ing conditions respecting its participation in the bar- | |
| gaining process set out in sections 18 to 44; | |
| (b) suspend, for the period the Commission specifies, | |
| the order designating the business as eligible; or | |
| (c) revoke the order designating the business as eligi- | |
| ble. | |
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| Contravention — group of eligible news businesses | |
| (2) If a group of eligible news businesses contravenes a | |
| provision of this Act, a provision of the regulations or an | |
| order made under this Act, the Commission may, by or- | |
| der, impose any conditions designed to further the com- | |
| pliance of the group and its members with this Act, in- | |
| cluding restrictions on its participation in the bargaining | |
| process set out in sections 18 to 44. | |
| Contravention — directors, officers, etc. | |
| (3) For the purposes of subsections (1) and (2), the con- | |
| travention of a provision of this Act, a provision of the | |
| regulations or an order made under this Act by an eligi- | |
| ble news business or group of eligible news businesses | |
| includes such a contravention by its director, officer, em- | |
| ployee or agent or mandatary. | |
| Statutory Instruments Act | |
| (4) The Statutory Instruments Act does not apply to an | |
| order made under subsection (1) or (2). | |
| Administrative Monetary Penalties | |
| Violation — operators, directors, etc. | |
| 60 (1) Subject to any regulations made under paragraph | |
| 76(a), an operator or a director, officer, employee or | |
| agent or mandatary of an operator commits a violation if | |
| they | |
| (a) contravene a provision of this Act, a provision of | |
| the regulations, an order made under this Act or an | |
| undertaking that they entered into under section 65; | |
| or | |
| (b) make a misrepresentation of a material fact or an | |
| intentional omission to state a material fact to a per- | |
| son designated under section 57 or paragraph 63(a). | |
| Violation — other individuals and entities | |
| (2) An individual or entity commits a violation if they | |
| contravene subsection 7(2). | |
| Continued violation | |
| (3) A violation that is continued on more than one day | |
| constitutes a separate violation in respect of each day on | |
| which it is continued. | |
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| Maximum amount of penalty | |
| 61 (1) Subject to any regulations made under paragraph | |
| 76(b), an individual or entity that commits a violation is | |
| liable to an administrative monetary penalty | |
| (a) in the case of an individual, of not more | |
| than $25,000 for a first violation and of not more | |
| than $50,000 for each subsequent violation; or | |
| (b) in the case of an entity, of not more than $10 mil- | |
| lion for a first violation and of not more than $15 mil- | |
| lion for each subsequent violation. | |
| Criteria for penalty | |
| (2) The amount of the penalty is to be determined by | |
| taking into account | |
| (a) the nature and scope of the violation; | |
| (b) the history of compliance with this Act, the regula- | |
| tions and orders made under this Act by the individual | |
| or entity that committed the violation; | |
| (c) the history of the individual or entity with respect | |
| to any previous undertaking entered into under sec- | |
| tion 65; | |
| (d) any benefit that the individual or entity obtained | |
| from the commission of the violation; | |
| (e) the ability of the individual or entity to pay the | |
| penalty; | |
| (f) any factors established by regulations made under | |
| paragraph 76(c); | |
| (g) the purpose of the penalty; and | |
| (h) any other relevant factor. | |
| Purpose of penalty | |
| (3) The purpose of the penalty is to promote compliance | |
| with this Act and not to punish. | |
| Procedures | |
| 62 (1) Despite subsection 64(1), the Commission may | |
| impose a penalty in a decision made in the course of a | |
| proceeding before it under this Act, including a proceed- | |
| ing in respect of a complaint made under section 52, in | |
| which it finds that a violation referred to in section 60 has | |
| been committed by an individual or entity other than the | |
| individual or entity that entered into an undertaking un- | |
| der section 65 in connection with the same act or omis- | |
| sion giving rise to the violation. | |
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| For greater certainty | |
| (2) For greater certainty, the Commission is not to im- | |
| pose a penalty under subsection (1) on an individual or | |
| entity that has not been given the opportunity to be | |
| heard. | |
| Designation | |
| 63 The Commission may | |
| (a) designate persons or classes of persons who are | |
| authorized to issue notices of violation or to accept an | |
| undertaking under section 65; and | |
| (b) establish, in respect of each violation, a short-form | |
| description to be used in notices of violation. | |
| Notice of violation | |
| 64 (1) A person who is authorized to issue notices of vi- | |
| olation may, if they believe on reasonable grounds that | |
| an individual or entity has committed a violation, other | |
| than a violation in respect of a contravention of section | |
| 51, issue a notice of violation and cause it to be served on | |
| that individual or entity. | |
| Contents | |
| (2) The notice of violation must set out | |
| (a) the name of the individual or entity that is believed | |
| to have committed the violation; | |
| (b) the act or omission giving rise to the violation, as | |
| well as a reference to the provision that is at issue; | |
| (c) the penalty that the individual or entity is liable to | |
| pay, as well as the time and manner in which the indi- | |
| vidual or entity may pay the penalty; | |
| (d) a statement informing the individual or entity that | |
| they may pay the penalty or make representations to | |
| the Commission with respect to the violation and the | |
| penalty and informing them of the time and manner | |
| for making representations; and | |
| (e) a statement informing the individual or entity that, | |
| if they do not pay the penalty or make representations | |
| in accordance with the notice, they will be deemed to | |
| have committed the violation and the penalty may be | |
| imposed. | |
| Undertaking | |
| 65 (1) An individual or entity may enter into an under- | |
| taking at any time. The undertaking is valid on its | |
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| acceptance by the Commission or the person designated | |
| to accept an undertaking. | |
| Requirements | |
| (2) An undertaking | |
| (a) must set out every act or omission that is covered | |
| by the undertaking; | |
| (b) must set out every provision that is at issue; | |
| (c) may contain any conditions that the Commission | |
| or the person designated to accept the undertaking | |
| considers appropriate; and | |
| (d) may include a requirement to pay a specified | |
| amount. | |
| No service of notice of violation | |
| (3) If an individual or entity enters into an undertaking, | |
| a notice of violation must not be served on them in con- | |
| nection with any act or omission referred to in the under- | |
| taking. | |
| Undertaking after service of notice of violation | |
| (4) If an individual or entity enters into an undertaking | |
| after a notice of violation is served on them, the proceed- | |
| ing that is commenced by the notice is ended in respect | |
| of that individual or entity in connection with any act or | |
| omission referred to in the undertaking. | |
| Payment of penalty | |
| 66 (1) If an individual or entity that is served with a no- | |
| tice of violation pays the penalty set out in the notice, | |
| they are deemed to have committed the violation and the | |
| proceedings in respect of it are ended. | |
| Representations to Commission and decision | |
| (2) If an individual or entity that is served with a notice | |
| of violation makes representations in accordance with | |
| the notice, the Commission must decide, on a balance of | |
| probabilities, after considering any other representations | |
| that it considers appropriate, whether the individual or | |
| entity committed the violation. If the Commission de- | |
| cides that the individual or entity committed the viola- | |
| tion, it may | |
| (a) impose the penalty set out in the notice, a lesser | |
| penalty or no penalty; and | |
| (b) suspend payment of the penalty subject to any | |
| conditions that the Commission considers necessary | |
| to ensure compliance with this Act. | |
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| Penalty | |
| (3) If an individual or entity that is served with a notice | |
| of violation neither pays the penalty nor makes represen- | |
| tations in accordance with the notice, the individual or | |
| entity is deemed to have committed the violation and the | |
| Commission may impose the penalty. | |
| Copy of decision | |
| (4) The Commission must cause a copy of any decision | |
| made under subsection (2) or (3) to be issued and served | |
| on the individual or entity. | |
| Evidence | |
| 67 In a proceeding in respect of a violation, a notice pur- | |
| porting to be served under subsection 64(1) or a copy of a | |
| decision purporting to be served under subsection 66(4) | |
| is admissible in evidence without proof of the signature | |
| or official character of the person appearing to have | |
| signed it. | |
| Burden of proof | |
| 68 In a proceeding in respect of a violation in respect of | |
| a contravention of section 51, the burden of establishing | |
| that any discrimination is not unjust or that any prefer- | |
| ence or disadvantage is not undue or unreasonable is on | |
| the individual or entity that is believed to have contra- | |
| vened that section. | |
| Defence | |
| 69 (1) An individual or entity is not to be found liable | |
| for a violation, other than a violation in respect of a con- | |
| travention of section 22, if they establish that they exer- | |
| cised due diligence to prevent its commission. | |
| Common law principles | |
| (2) Every rule and principle of the common law that | |
| makes any circumstance a justification or excuse in rela- | |
| tion to a charge for an offence applies in respect of a vio- | |
| lation to the extent that it is not inconsistent with this | |
| Act. | |
| Directors, officers, etc. | |
| 70 A director, officer or agent or mandatary of an entity | |
| that commits a violation is liable for the violation if they | |
| directed, authorized, assented to, acquiesced in or partic- | |
| ipated in the commission of the violation, whether or not | |
| the entity is proceeded against. | |
| Vicarious liability | |
| 71 An individual or entity is liable for a violation that is | |
| committed by their employee acting within the scope of | |
| their employment or their agent or mandatary acting | |
| within the scope of their authority, whether or not the | |
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| employee or agent or mandatary is identified or proceed- | |
| ed against. | |
| Limitation or prescription period | |
| 72 (1) Proceedings in respect of a violation may be insti- | |
| tuted within, but not after, three years after the day on | |
| which the subject matter of the proceedings became | |
| known to the Commission. | |
| Certificate | |
| (2) A document that appears to have been issued by the | |
| secretary to the Commission, certifying the day on which | |
| the subject matter of any proceedings became known to | |
| the Commission, is admissible in evidence without proof | |
| of the signature or official character of the person who | |
| appears to have signed the document and is, in the ab- | |
| sence of evidence to the contrary, proof of the matter as- | |
| serted in it. | |
| Information made public | |
| 73 The Commission must make public | |
| (a) the name of an individual or entity that enters into | |
| an undertaking under section 65, the nature of the un- | |
| dertaking, including the acts or omissions and provi- | |
| sions at issue, the conditions included in the under- | |
| taking and the amount payable under it, if any; and | |
| (b) the name of an individual or entity that is deemed, | |
| or is found by the Commission, to have committed a | |
| violation, the acts or omissions and provisions at issue | |
| and the amount of the penalty imposed, if any. | |
| Receiver General | |
| 74 A penalty paid or recovered in relation to a violation | |
| is payable to the Receiver General. | |
| Debt due to Her Majesty | |
| 75 (1) The following amounts are debts due to Her | |
| Majesty in right of Canada that may be recovered in any | |
| court of competent jurisdiction: | |
| (a) the amount of the penalty imposed by the Com- | |
| mission in a decision made in the course of a proceed- | |
| ing before it under this Act in which it finds that a vio- | |
| lation referred to in section 60 has been committed; | |
| (b) the amount payable under an undertaking entered | |
| into under section 65, beginning on the day specified | |
| in the undertaking or, if no day is specified, beginning | |
| on the day on which the undertaking is accepted; | |
| (c) the amount of the penalty set out in a notice of vio- | |
| lation, beginning on the day on which it is required to | |
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| be paid in accordance with the notice, unless repre- | |
| sentations are made in accordance with the notice; | |
| (d) if representations are made, either the amount of | |
| the penalty that is imposed by the Commission, begin- | |
| ning on the day specified by the Commission or, if no | |
| day is specified, beginning on the day on which the de- | |
| cision is made; and | |
| (e) the amount of any reasonable expenses incurred in | |
| attempting to recover an amount referred to in any of | |
| paragraphs (a) to (d). | |
| Limitation or prescription period | |
| (2) Proceedings to recover a debt may be instituted with- | |
| in, but not after, three years after the day on which the | |
| debt becomes payable. | |
| Certificate of default | |
| (3) The Commission may issue a certificate for the un- | |
| paid amount of any debt referred to in subsection (1). | |
| Effect of registration | |
| (4) Registration of a certificate in any court of competent | |
| jurisdiction has the same effect as a judgment of that | |
| court for a debt of the amount set out in the certificate | |
| and all related registration costs. | |
| Regulations | |
| 76 The Governor in Council may make regulations | |
| (a) providing for exceptions to paragraph 60(1)(a) | |
| or (b); | |
| (b) increasing the penalty amounts set out in subsec- | |
| tion 61(1); | |
| (c) for the purpose of paragraph 61(2)(f), establishing | |
| other factors to be considered in determining the | |
| amount of the penalty; | |
| (d) respecting undertakings referred to in section 65; | |
| (e) respecting the service of documents required or | |
| authorized to be served under sections 60 to 75, in- | |
| cluding the manner and proof of service and the cir- | |
| cumstances under which documents are to be consid- | |
| ered to be served; and | |
| (f) generally, for carrying out the purposes and provi- | |
| sions of sections 60 to 75. | |
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| Other Provisions | |
| Judicial powers | |
| 77 In a proceeding under this Act, the Commission has | |
| the powers of a superior court with respect to the atten- | |
| dance and examination of witnesses and the production | |
| and examination of documents or things. | |
| Sections 126 and 127 of Criminal Code | |
| 78 Sections 126 and 127 of the Criminal Code do not ap- | |
| ply in respect of any contravention of a provision of this | |
| Act, a provision of the regulations or an order made un- | |
| der this Act. | |
| Financial Provisions | |
| Fees for services | |
| 79 (1) The Commission may make regulations respect- | |
| ing fees to be paid for the provision of services — includ- | |
| ing dealing with a complaint or providing regulatory pro- | |
| cesses — under this Act, including regulations | |
| (a) fixing those fees or setting out the manner of cal- | |
| culating them; | |
| (b) establishing classes of operators and of news busi- | |
| nesses and groups of news businesses for the purposes | |
| of paragraph (a); | |
| (c) respecting the payment of those fees, including the | |
| time and manner of payment; and | |
| (d) respecting the interest payable in respect of over- | |
| due fees. | |
| Commission assistance | |
| (2) For greater certainty, subsection (1) permits the mak- | |
| ing of regulations respecting the recovery of the Commis- | |
| sion’s costs for providing assistance to an arbitration | |
| panel under section 36. | |
| Amount not to exceed cost | |
| (3) Fees that are payable under regulations made under | |
| subsection (1) must not in the aggregate exceed the costs | |
| that the Commission determines to be attributable to | |
| providing the service. | |
| Criteria | |
| (4) Regulations made under subsection (1) may provide | |
| for fees to be calculated by reference to any criteria that | |
| the Commission considers appropriate, including | |
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| (a) the revenues of the operator, the news business or | |
| the group of news businesses; or | |
| (b) the market served by the operator’s digital news | |
| intermediary or by the news outlets operated by the | |
| news business or by the members of the group of news | |
| businesses. | |
| Costs apportioned by Commission | |
| 80 (1) The Commission may, by order, apportion the | |
| costs related to the bargaining process, other than those | |
| related to final offer arbitration, including fees payable | |
| under regulations made under subsection 79(1), between | |
| the parties, if the parties cannot agree, within a period | |
| that the Commission considers reasonable, on how to | |
| share the costs. | |
| Factors | |
| (2) In making an order, the Commission must take into | |
| account each party’s ability to pay, their conduct during | |
| bargaining and mediation sessions and any other factor | |
| that it considers appropriate. | |
| Statutory Instruments Act | |
| (3) For greater certainty, the Statutory Instruments Act | |
| does not apply in respect of an order made under subsec- | |
| tion (1). | |
| Cost recovery | |
| 81 (1) With the approval of the Treasury Board, the | |
| Commission may make regulations respecting the | |
| charges payable by operators in respect of the recovery, | |
| in whole or in part, of costs that are incurred in relation | |
| to the administration of this Act, including regulations | |
| (a) setting out the manner of calculating those | |
| charges; | |
| (b) providing for the establishment of classes of oper- | |
| ators for the purposes of paragraph (a); | |
| (c) providing for the payment of any charge payable, | |
| including the time and manner of payment; and | |
| (d) respecting the interest payable in respect of any | |
| overdue charge. | |
| Amount not to exceed cost | |
| (2) Charges payable under regulations made under sub- | |
| section (1) must not exceed the costs that the Commis- | |
| sion determines to be attributable to exercising its pow- | |
| ers and carrying out its duties and functions under this | |
| Act and that are not recovered under regulations made | |
| under subsection 79(1). | |
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| Criteria | |
| (3) Regulations made under subsection (1) may provide | |
| for charges to be calculated by reference to any criteria | |
| that the Commission considers appropriate, including | |
| (a) the revenues of the operator; or | |
| (b) the market served by the operator’s digital news | |
| intermediary. | |
| Debt due to Her Majesty | |
| 82 (1) Fees and charges payable under regulations made | |
| under subsections 79(1) and 81(1), and any interest on | |
| them, constitute a debt due to Her Majesty in right of | |
| Canada and may be recovered as such in any court of | |
| competent jurisdiction. | |
| Deduction, set-off and compensation | |
| (2) Debts due to Her Majesty in right of Canada under | |
| regulations made under subsections 79(1) and 81(1) may | |
| be recovered at any time by way of deduction from, set- | |
| off against or compensation against any sum of money | |
| that may be due or payable by Her Majesty in right of | |
| Canada to the individual or entity responsible for the | |
| debt. | |
| Spending | |
| 83 Subject to any conditions imposed by the Treasury | |
| Board, the Commission may spend revenues that are re- | |
| ceived under regulations made under subsections 79(1) | |
| and 81(1) for the purposes of exercising its powers and | |
| carrying out its duties and functions under this Act. If the | |
| Commission spends the revenues, it must do so in the fis- | |
| cal year in which they are received or, unless an appro- | |
| priation Act provides otherwise, in the next fiscal year. | |
| Regulations | |
| Regulations — Governor in Council | |
| 84 The Governor in Council may make regulations | |
| (a) respecting the factors set out in section 6; | |
| (b) respecting the time at which or the period within | |
| which an operator must notify the Commission under | |
| subsection 7(1); | |
| (c) respecting how the Commission is to interpret | |
| subparagraphs 11(1)(a)(i) to (viii); | |
| (d) setting out conditions for the purposes of para- | |
| graph 11(1)(b); and | |
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| Financial Provisions | |
| Sections 81-84 | |
| Page 44 | |
| (e) setting out conditions in respect of a provincial | |
| public broadcaster for the purposes of section 28, if | |
| the provincial minister responsible for that broadcast- | |
| er has made a request to the Minister. | |
| Regulations — Commission | |
| 85 The Commission may make regulations | |
| (a) respecting requests for orders referred to in sub- | |
| section 11(1); | |
| (b) respecting the bargaining process set out in sec- | |
| tions 18 to 44; | |
| (c) respecting requests for designations referred to in | |
| subsection 27(1); | |
| (d) establishing the code of conduct referred to in sec- | |
| tion 49; | |
| (e) respecting complaints referred to in section 52; | |
| (f) respecting the manner in which groups of eligible | |
| news businesses are to be structured and the manner | |
| in which they are to exercise their rights or privileges | |
| and carry out their obligations under this Act; | |
| (g) respecting the provision of information by groups | |
| of eligible news businesses to the Commission respect- | |
| ing their structure; | |
| (h) respecting the exercise by any person appointed | |
| under section 8 of the Canadian Radio-television and | |
| Telecommunications Commission Act of any of the | |
| powers — other than the power to make regulations — | |
| or the carrying out of any of the duties or functions, of | |
| the Commission under this Act; and | |
| (i) respecting the Commission’s practices and proce- | |
| dures in relation to this Act. | |
| Independent Review | |
| Annual report — independent auditor | |
| 86 (1) The Commission must cause an independent au- | |
| ditor to prepare an annual auditor’s report in respect of | |
| the impact of this Act on the Canadian digital news mar- | |
| ketplace. | |
| Contents | |
| (2) The report must set out an analysis of the impact of | |
| the agreements entered into under this Act on the Cana- | |
| dian digital news marketplace and include the following: | |
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| Regulations | |
| Sections 84-86 | |
| Page 45 | |
| (a) information relating to the total commercial value | |
| of the agreements entered into under this Act; | |
| (b) information relating to the distribution of the | |
| commercial value of those agreements among eligible | |
| news businesses, including relative to the expendi- | |
| tures of those businesses on their newsrooms; | |
| (c) information relating to the effect of the agree- | |
| ments on those expenditures; | |
| (c.01) information relating to the impact of this Act | |
| on news outlets that produce news content primarily | |
| for diverse populations, including local and regional | |
| markets in every province and territory, anglophone | |
| and francophone communities and Black and other | |
| racialized communities; | |
| (c.02) information relating to the total number of | |
| those agreements that involve Indigenous news out- | |
| lets and to the portion of the commercial value of | |
| those agreements that benefits these news outlets; | |
| (c.03) information relating to the total number of | |
| those agreements that involve official language minor- | |
| ity community news outlets and to the portion of the | |
| commercial value of those agreements that benefits | |
| these news outlets; | |
| (c.1) if the Canadian Broadcasting Corporation has | |
| provided an annual report under section 53.1 in the 12 | |
| months preceding the preparation of the auditor’s re- | |
| port, information related to that annual report; and | |
| (d) any other element that, in the opinion of the audi- | |
| tor, supports the transparency of the impact of this Act | |
| on the Canadian digital news marketplace. | |
| Confidential information | |
| (3) The report must not contain any information that is | |
| likely to reveal information designated as confidential | |
| under subsection 55(1). | |
| Publication of report | |
| (4) The Commission must publish the report on its web- | |
| site within 30 days after the day on which it receives it. | |
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| Independent Review | |
| Section | |
| 86 | |
| Page 46 | |
| Review of Act | |
| Review | |
| 87 Before the fifth anniversary of the day on which this | |
| section comes into force, the Minister must cause a re- | |
| view of this Act and its operation to be conducted and | |
| cause a report on the review to be laid before each House | |
| of Parliament. | |
| Related Amendments | |
| R.S., c. A-1 | |
| Access to Information Act | |
| 88 Schedule II to the Access to Information Act | |
| is amended by adding, in alphabetical order, a | |
| reference to | |
| Online News Act | |
| Loi sur les nouvelles en ligne | |
| and a corresponding reference to “subsections | |
| 55(2) and 58(4)”. | |
| R.S., c. C-22 | |
| Canadian Radio-television and | |
| Telecommunications Commission Act | |
| 89 Section 12 of the Canadian Radio-television | |
| and Telecommunications Commission Act is | |
| amended by adding the following after subsec- | |
| tion (1): | |
| Digital news | |
| (1.1) The Commission exercises the powers and per- | |
| forms the duties and functions conferred on it under the | |
| Online News Act. | |
| 90 Section 13 of the Act is amended by adding the | |
| following after subsection (1): | |
| Online News Act | |
| (1.1) The report must include the contents of the annual | |
| auditor’s report prepared under section 86 of the Online | |
| News Act. | |
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| Chapter 23: Online News Act | |
| Review of Act | |
| Sections 87-90 | |
| Page 47 | |
| 1991, c. 11 | |
| Broadcasting Act | |
| 91 Section 4 of the Broadcasting Act is amended | |
| by adding the following after subsection (4): | |
| Operators of digital news intermediaries | |
| (5) For greater certainty, this Act does not apply to the | |
| operator of a digital news intermediary in respect of | |
| which the Online News Act applies when the operator | |
| acts solely in that capacity. In this subsection, digital | |
| news intermediary and operator have the same mean- | |
| ings as in subsection 2(1) of that Act. | |
| 1993, c. 38 | |
| Telecommunications Act | |
| 92 The Telecommunications Act is amended by | |
| adding the following after section 4: | |
| Digital news intermediaries excluded | |
| 4.1 (1) This Act does not apply in respect of the making | |
| available of news content on or by a digital news interme- | |
| diary in respect of which the Online News Act applies. | |
| Definitions | |
| (2) In this section, digital news intermediary and | |
| news content have the same meanings as in subsection | |
| 2(1) of the Online News Act. | |
| Interpretation | |
| (3) For the purposes of this section, news content is | |
| made available if | |
| (a) the news content, or any portion of it, is repro- | |
| duced; or | |
| (b) access to the news content, or any portion of it, is | |
| facilitated by any means, including an index, aggrega- | |
| tion or ranking of news content. | |
| Coming into Force | |
| Order in council | |
| 93 (1) Section 6 comes into force on a day to be | |
| fixed by order of the Governor in Council, but | |
| that day must not be before the day on which the | |
| first regulations made under paragraph 84(a) | |
| come into force. | |
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| Chapter 23: Online News Act | |
| Related Amendments | |
| Broadcasting Act | |
| Sections 91-93 | |
| Page 48 | |
| Order in council | |
| (2) Sections 7, 8, 11 to 17, 20, 27 to 31, 53.1 and 59 and | |
| subsection 60(2) come into force on a day to be | |
| fixed by order of the Governor in Council, but | |
| that day must not be before the latest of | |
| (a) the day fixed in accordance with subsection | |
| (1), | |
| (b) the day on which the first regulations made | |
| under paragraph 84(b) come into force, and | |
| (c) the day on which the first regulations made | |
| under paragraph 84(c) come into force. | |
| Order in council | |
| (3) Sections 18, 19, 21, 22 and 32 to 44 come into | |
| force on a day to be fixed by order of the Gover- | |
| nor in Council, but that day must not be before | |
| the day fixed in accordance with subsection (2). | |
| Order in council | |
| (4) Sections 49 to 52 and 68 come into force on a | |
| day to be fixed by order of the Governor in Coun- | |
| cil, but that day must not be before the day fixed | |
| in accordance with subsection (3). | |
| Order in council | |
| (5) Sections 79 to 83, 86, 87 and 90 come into force | |
| on a day or days to be fixed by order of the Gov- | |
| ernor in Council. | |
| 180 days after royal assent | |
| (6) Despite subsections (1) to (5), any provision | |
| of this Act that does not come into force by order | |
| before the 180th day following the day on which | |
| this Act receives royal assent comes into force 180 | |
| days after the day on which this Act receives roy- | |
| al assent. | |
| Published under authority of the Speaker of the House of Commons | |
| 2021-2022-2023 | |
| Chapter 23: Online News Act | |
| Coming into Force | |
| Section | |
| 93 | |
| Page 49 | |
| Page 50 | |
| Available on the House of Commons website | |
| Disponible sur le site Web de la Chambre des com | |