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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 59
Tuesday, December 6, 2022, 11:05 a.m. to 1:25 p.m.
Webcast
Presiding
Kevin Waugh, Vice-Chair (Conservative)

House of Commons
• Philippe Méla, Legislative Clerk
• Marie-Hélène Sauvé, Legislative Clerk
 
Library of Parliament
• Gabrielle de Billy Brown, Analyst
• Marion Ménard, Analyst
Department of Canadian Heritage
• Thomas Owen Ripley, Associate Assistant Deputy Minister, Cultural Affairs
• Michel Sabbagh, Director General, Broadcasting, Copyright, and Creative Marketplace Branch
• Joelle Paré, Acting Director, Marketplace and Legislative Policy
• Pierre-Marc Lauzon, Manager, Legislative and Parliamentary Issues
Pursuant to the order of reference of Tuesday, May 31, 2022, the committee resumed consideration of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada.

At 11:10 a.m., Hedy Fry took the Chair.

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 27 of the Bill.

The committee resumed consideration of the amendment of Martin Champoux, — That Bill C-18, in Clause 27, be amended by adding after line 15 on page 10 the following:

“(iv) is a member of a recognized journalistic association, follows the code of ethics of a recognized journalistic association or has its own code of ethics whose standards of professional conduct require adherence to the recognized processes and principles of the journalism profession, including fairness, independence and rigour in reporting news and handling sources.”

The committee resumed consideration of the subamendment of Peter Julian, — That the amendment be amended by adding the following paragraph: “(1.1) The code of ethics referred to in subparagraph (1)(b)(iv) must include measures for ensuring that no news content that promotes hatred or misinformation against any identifiable group is produced or made available and that any errors of fact are corrected promptly and in a transparent manner.”.

After debate, the question was put on the subamendment 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.

At 11:20 a.m., pursuant to Standing Order 115(5), it was agreed that the committee continue to sit.

After debate, the question was put on the amendment of Martin Champoux, as amended, and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4.

Peter Julian moved, — That Bill C-18, in Clause 27, be amended by adding after line 15 on page 10 the following:

“(c) operates an Indigenous news outlet in Canada and produces news content that includes matters of general interest, including coverage of matters relating to the rights of Indigenous peoples, including the right of self-government and treaty rights.”

Debate arose thereon.

Anthony Housefather moved, — That the amendment, in the English version be amended by replacing line 15 on page 10 with the following: “ment, or”.

After debate, the question was put on the subamendment of Anthony Housefather and it was agreed to.

By unanimous consent, after debate, the question was put on the amendment of Peter Julian, as amended, and it was agreed to.

Anthony Housefather moved, — That Bill C-18, in Clause 27, be amended by adding after line 20 on page 10 the following:

“(3.1) Despite subsection (1), a news business must not be designated as eligible if

(a) the news business is the subject of sanctions under the United Nations Act, the Special Economic Measures Act or the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), or is owned or controlled by an individual or entity that is the subject of such sanctions; or

(b) the news business has its headquarters in a foreign state, as defined in section 2 of the Special Economic Measures Act, that is the subject of measures under an Act referred to in paragraph (a).

(3.2) If a news business described in paragraph (3.1)(a) or (b) was previously designated as eligible, the Commission must, by order, revoke the order designating the business as eligible.”

After debate, the question was put on the amendment of Anthony Housefather and it was agreed to.

Clause 27, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4.

At 11:47 a.m., pursuant to Standing Order 115(5), the sitting was suspended.

At 12:07 p.m., the sitting resumed.

On Clause 28,

Rachael Thomas moved, — That Bill C-18, in Clause 28, be amended by replacing lines 23 to 25 on page 10 with the following:

“28 Despite subsection 27(1), no public broadcaster, including the broadcaster that is provided for in section 36 of the Broadcasting Act, or any affiliates of a public broadcaster, may be designated as an eligible news business.”

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.

Chris Bittle moved, — That Bill C-18, in Clause 28, be amended by replacing line 23 on page 10 with the following:

“28 The designation of a provincial public broadcaster as an eligible”

After debate, the question was put on the amendment of Chris Bittle and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4.

Clause 28, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4.

On Clause 29,

Peter Julian moved, — That Bill C-18, in Clause 29, be amended by replacing lines 27 to 29 on page 10 with the following:

“news businesses and publish that list on its website.

(1.1) The list maintained under subsection (1) must include the number of journalists employed by each eligible news business in each year that it has been eligible.”

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Peter Julian, Ron Liepert, Rachael Thomas, Kevin Waugh — 5;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 6.

Clause 29 carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Ron Liepert, Rachael Thomas, Kevin Waugh — 4.

By unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clause 30 which is therefore also adopted.

On Clause 31,

Rachael Thomas moved, — That Bill C-18, in Clause 31, be amended

(a) by replacing line 13 on page 11 with the following:

“operated primarily for the purpose of producing news”

(b) by replacing line 19 on page 11 with the following:

“(b) focused primarily on reports”

(c) by deleting lines 22 to 24 on page 11.

(d) by adding after line 27 on page 11 the following:

“(e) produces news content that does not consist primarily of paid promotional material for the products, services or activities of the owner of the news business or any of its affiliates, or for those of a third party.”

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.

Peter Julian moved, — That Bill C-18, in Clause 31, be amended by adding after line 27 on page 11 the following:

“(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.”

After debate, the question was put on the amendment of Peter Julian and it was agreed to.

It was agreed, — That the committee extend by one hour the meeting of Friday, December 9, 2022, add an extra meeting on Monday, December 12, 2022, and extend by one hour the meeting of Tuesday, December 13, 2022, to complete clause-by-clause consideration of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada.

On motion of Martin Champoux, it was agreed, — That the committee do now adjourn.

At 1:25 p.m., the committee adjourned to the call of the Chair.



Aimée Belmore
Clerk of the committee