CHPC Committee Meeting
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Minutes of Proceedings
Conservative
Bloc Québécois
NDP
Thomas Owen Ripley answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 31 of the Bill.
Clause 31, as amended, carried on division.
Clause 32 carried on division.
On new Clause 32.1,
Peter Julian moved, — That Bill C-18 be amended by adding after line 4 on page 12 the following new clause:“32.1 (1) An eligible news business must file with the Commission a copy of any agreement it enters into with an operator respecting news content produced primarily for the Canadian news marketplace within 30 days after the day on which it enters into the agreement or 30 days after the day on which an arbitration panel makes a decision that is deemed to be an agreement under section 42, as the case may be.
(2) The Commission must publish on its website any agreement filed under subsection (1).”
After debate, the question was put on the amendment of Peter Julian and it was negatived on division.
On Clause 33,
Peter Julian moved, — That Bill C-18, in Clause 33, be amended by adding after line 7 on page 12 the following:“(1.1) The Commission must ensure that the roster includes Indigenous persons.”
After debate, the question was put on the amendment of Peter Julian and it was agreed to on division.
Clause 33, as amended, carried on division.
Clause 34 carried on division.
Clause 35 carried on division.
On Clause 36,
Peter Julian moved, — That Bill C-18, in Clause 36, be amended by replacing line 5 on page 13 with the following:“the panel and may, on any terms that the Commission considers necessary, disclose to the panel any confidential information in the Commission's possession that, in the Commission's opinion, is necessary for a balanced and informed decision-making process.”
Debate arose thereon.
Chris Bittle moved, — That the amendment be amended by adding after the words “Commission's opinion,” the following: “is necessary for a balanced and informed decision-making process, on the condition that the Commission ensures that the arbitration panel or each individual arbitrator that presides over the final offer arbitration, do not further disclose any such confidential information and under any further terms that the Commission considers necessary.”.
After debate, the question was put on the subamendment of Chris Bittle and it was agreed to on division.
After debate, the question was put on the amendment of Peter Julian and it was agreed to on division.
Clause 36, as amended, carried on division.
Clause 37 carried on division.
On Clause 38,
Peter Julian moved, — That Bill C-18, in Clause 38, be amended by adding after line 16 on page 13 the following:“(c) the value and benefits referred to in paragraphs (a) and (b) that were provided for in comparable offers selected by an arbitration panel.”
After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division:
YEAS: Peter Julian — 1;
NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Marilyn Gladu, Lisa Hepfner, Anthony Housefather, Ron Liepert, Tim Louis, Rachael Thomas, Kevin Waugh — 10.
“(c) the bargaining power imbalance between the news business and the operator of the digital news intermediary in question.”
After debate, the question was put on the amendment of Peter Julian and it was agreed to on division.
Clause 38, as amended, carried on division.
On Clause 39,
Rachael Thomas moved, — That Bill C-18, in Clause 39, be amended by adding after line 26 on page 13 the following:“(1.1) In considering whether to dismiss an offer in accordance with paragraph (1)(c), the arbitration panel must take into account the investments and expenditures involved in the making available, by the digital news intermediary in question, of news content produced by a news outlet.”
After debate, the question was put on the amendment of Rachael Thomas and it was negatived on the following recorded division:
YEAS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4;
NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.
“(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.
(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.”
After debate, the question was put on the amendment of Anthony Housefather and it was agreed to on division.
Clause 39, as amended, carried.
Clauses 40 to 44 inclusive carried on division severally.
On Clause 44.1,
Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved : That Bill C-18 be amended by adding after line 23 on page 14 the following new clause:“44.1 (1) If an eligible news business enters into a covered agreement, the business must file a copy of the agreement with the Commission within 30 days after the day on which it enters into the agreement or 30 days after the day on which an arbitration panel makes a decision that is deemed to be an agreement under section 42, as the case may be.
(2) The Commission must maintain and publish on its website a list of covered agreements.”
The question was put on the amendment of Mike Morrice and it was negatived on division.
Clause 45 carried on division.
Clause 46 carried on division.
Clause 47 carried on division.
Clause 48 carried on division.
On Clause 49,
Peter Julian moved, — That Bill C-18, in Clause 49, be amended by replacing line 21 on page 16 with the following:“(d) respecting the information, including confidential information, that the parties require”
The question was put on the amendment of Peter Julian and it was negatived on division.
Clause 49 carried on division.
Clause 50 carried on division.
On Clause 51,
Chris Bittle moved, — That Bill C-18, in Clause 51, be amended by(a) replacing lines 9 to 15 on page 17 with the following:
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) replacing line 18 on page 17 with the following:
(c) subjects an eligible news business to an undue or unreasonable
After debate, the question was put on the amendment of Chris Bittle and it was agreed to on division.
“(2) An operator that ranks or curates news content, increases or decreases the prominence of news content or makes news content available in a manner that makes a user more or less likely to interact with it does not contravene paragraph 51(1)(b).”
After debate, the question was put on the amendment of Marilyn Gladu and it was negatived on the following recorded division:
YEAS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4;
NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.
Clause 51, as amended, carried on division.
On Clause 52,
Chris Bittle moved, — That Bill C-18, in Clause 52, be amended by(a) replacing line 20 on page 17 with the following:
52 (1) An eligible news business or group of eligible news
(b) adding after line 24 on page 17 the following:
(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 account 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.
(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.
After debate, the question was put on the amendment of Chris Bittle and it was agreed to on division.
Clause 52, as amended, carried on division.
Clause 53 carried on division.
On Clause 53.1,
Peter Julian moved, — That Bill C-18 be amended by adding after line 30 on page 17 the following new clause:“53.1 (1) If an eligible news business enters into a covered agreement, the business must file a copy of the agreement with the Commission within 30 days after the day on which it enters into the agreement or 30 days after the day on which an arbitration panel makes a decision that is deemed to be an agreement under section 42, as the case may be.
(2) The Commission must maintain and publish on its website a list of covered agreements, including the names of the parties and the commercial value and terms of the agreements.
(3) The Commission must add a covered agreement to the list within 90 days after the day on which a copy of the agreement is filed under subsection (1).”
After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division:
YEAS: Peter Julian — 1;
NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Marilyn Gladu, Lisa Hepfner, Anthony Housefather, Ron Liepert, Tim Louis, Rachael Thomas, Kevin Waugh — 10.
“53.1 If the Canadian Broadcasting Corporation is party to an agreement with an operator in relation to the making available of news content by a digital news intermediary, the Corporation must provide the Commission, within 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 Corporation 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 digital news marketplace, including any such information that the Commission specifies must be included in the report.”
After debate, the question was put on the amendment of Chris Bittle and it was agreed to on division.
Clauses 54 to 67 inclusive carried on division severally.
On Clause 68,
Rachael Thomas moved, — That Bill C-18, in Clause 68, be amended by replacing lines 2 and 3 on page 27 with the following:“is on the Commission.”
After debate, the question was put on the amendment of Rachael Thomas and it was negatived on the following recorded division:
YEAS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4;
NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.
Clause 68 carried on division.
Clauses 69 to 83 inclusive carried on division severally.
On Clause 84,
Chris Bittle moved, — That Bill C-18, in Clause 84, be amended by replacing lines 22 to 25 on page 32 with the following:“graph 11(1)(b); and”
After debate, the question was put on the amendment of Chris Bittle and it was agreed to on division.
Clause 84, as amended, carried on division.
Clause 85 carried on division.
On Clause 86,
Peter Julian moved, — That Bill C-18, in Clause 86, be amended(a) by adding after line 33 on page 33 the following:
“(c.1) information relating to the effect of exemption orders made under subsection 11(1) on the Canadian digital news marketplace;
(c.2) recommendations for the attention of the Commission or the Governor in Council arising from the analysis included in the report; and”
(b) by adding after line 36 on page 33 the following:
“(3) For the purposes of the report, the independent auditor may consult the Commission, the Commissioner of Competition appointed under subsection 7(1) of the Competition Act and any person or entity governed by this Act.”
After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division:
YEAS: Peter Julian — 1;
NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Marilyn Gladu, Lisa Hepfner, Anthony Housefather, Ron Liepert, Tim Louis, Rachael Thomas, Kevin Waugh — 10.
“(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 report, information related to that annual report;”
After debate, the question was put on the amendment of Chris Bittle and it was agreed to on division.
“(3) The Commission must publish the report on its website immediately after it is prepared.”
After debate, the question was put on the amendment of Martin Champoux and it was negatived on division.
“(3) The Commission must publish the report on its website within 30 days after the day on which it receives it.”
After debate, the question was put on the amendment of Peter Julian and it was agreed to.
“(3) The report must not contain any information that is likely to reveal information designated as confidential under subsection 55(1).”
After debate, the question was put on the amendment of Chris Bittle and it was agreed to on division.
Clause 86, as amended, carried on division.
On new Clause 86.1,
Peter Julian moved, — That Bill C-18 be amended by adding after line 36 on page 33 the following new clause:“86.1 As soon as feasible after the end of each quarter in each fiscal year, the Commission must publish on its website a quarterly report containing audited data on the Canadian digital news marketplace in an aggregated form, including data on the number of agreements entered into under this Act and the commercial value of those agreements.”
After debate, the question was put on the amendment of Peter Julian and it was negatived on division.
Clause 87 carried on division.
Clause 88 carried on division.
Clause 89 carried on division.
Clause 90 carried on division.
Clause 92 carried on division.
On Clause 93,
Chris Bittle moved, — That Bill C-18, in Clause 93, be amended by replacing lines 24 to 26 on page 35 with the following:“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.
(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.
(3) Sections 18, 19, 21, 22 and 32 to 44 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (2).
(4) Sections 49 to 52 and 68 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (3).
(5) Sections 79 to 83, 86, 87 and 90 come into force on a day or days to be fixed by order of the Governor in Council.”
After debate, the question was put on the amendment of Chris Bittle and it was agreed to on division.
Clause 93, as amended, carried on division.
Clause 1, Short Title, carried on division.
The Title carried on division.
After debate, the Bill, as amended, was adopted on division.
ORDERED, — That the Chair report the Bill, as amended, to the House on division.
ORDERED, — That Bill C-18, as amended, be reprinted for the use of the House of Commons at report stage on division.
It was agreed, — That Justice Cromwell be invited for a minimum of 90 minutes and a maximum of two hours on Tuesday, December 13, 2022, for the committee’s study of safe sport in Canada.
It was agreed, — That requests for extensions to the deadline for in camera minutes sent for by the committee on Tuesday, November 29, 2022, be granted on a case-by-case basis, should the Chair agree that they are reasonable.
At 10:24 a.m., the committee adjourned to the call of the Chair.