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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 57
Tuesday, November 29, 2022, 11:03 a.m. to 1:06 p.m.
Webcast
Presiding
Hon. Hedy Fry, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Gabrielle de Billy Brown, Analyst
• Marion Ménard, Analyst
The committee proceeded to the consideration of matters related to committee business.

Motion

Anthony Housefather moved, — That, in relation to the study of safe sport in Canada, the Committee send for minutes of all board meetings that have taken place since Monday, January 1, 2018, including in camera minutes, whether in approved or draft form, from each of the following organizations: (a) Gymnastics Canada; (b) Canada Soccer; (c) Bobsleigh Canada Skeleton; and that all documents be sent to the Clerk of the Committee by 4:00 p.m. EST, on Thursday, December 15, 2022.

Amendment

Martin Champoux moved, — That the motion be amended by adding after the words “Bobsleigh Canada Skeleton;” the following: “(d) Swimming Canada; (e) Skate Canada; (f) Rugby Canada;”.

After debate, the question was put on the amendment of Martin Champoux and it was agreed to.

The question was put on the motion, as amended, and it was agreed to.

The motion, as amended, read as follows:

That, in relation to the study of safe sport in Canada, the Committee send for minutes of all board meetings that have taken place since Monday, January 1, 2018, including in camera minutes, whether in approved or draft form, from each of the following organizations: (a) Gymnastics Canada; (b) Canada Soccer; (c) Bobsleigh Canada Skeleton; d) Swimming Canada; (e) Skate Canada; (f) Rugby Canada; and that all documents be sent to the Clerk of the Committee by 4:00 p.m. EST, on Thursday, December 15, 2022.

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.

Thomas Owen Ripley answered questions.

The committee resumed its clause-by-clause study of the Bill.

On Clause 12,

Peter Julian moved, — That Bill C-18, in Clause 12, be amended

(a) by replacing line 16 on page 6 with the following:

“ria to be satisfied within a reasonable period, which period must not be longer than one year.”

(b) by replacing line 20 on page 6 with the following:

“propriate, including a condition requiring that public consultations be held at a time and place in Canada to be fixed by the Commission.”

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

Clause 12, 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 13 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 14 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 15 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 16 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 17 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 18 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

On Clause 19,

Peter Julian moved, — That Bill C-18, in Clause 19, be amended by replacing lines 2 to 11 on page 8 with the following:

“(a) negotiation or bargaining sessions over a period of up to 90 days;

(b) if the parties are unable, within the negotiation or bargaining period, to reach an agreement, mediation sessions over a period of up to 120 days, beginning on the day after the end of the negotiation or bargaining period; and

(c) if the parties are unable, within the mediation period, to reach an agreement and at least one of the parties wishes to initiate arbitration, final offer arbitration for a period of up to 45 days, beginning on the day after the end of the mediation period.

(1.1) On request of the parties, the Commission may extend a period provided for in any of paragraphs (1)(a) to (c).”

Debate arose thereon.

Martin Champoux moved, — That the amendment be amended by replacing, in paragraph (1.1), the words “the parties” with the words “both parties”.

After debate, the question was put on the subamendment of Martin Champoux and it was agreed to.

The question was put on the subamendment of Martin Champoux and it was agreed to.

Anthony Housefather moved, — That the amendment be amended by deleting, in paragraph (a), (b) and (c), the words “up to”.

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

The question was put on the amendment of Peter Julian, 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, Martin Shields — 8;

NAYS: Rachael Thomas, Kevin Waugh — 2.

Rachael Thomas moved, — That Bill C-18, in Clause 19, be amended by replacing lines 13 to 18 on page 8 with the following:

“to the determination of the compensation to be paid by the digital news intermediary in question to the eligible news business or group of eligible news businesses, which is to be based on the value to the digital news intermediary of making available to persons in Canada the news content of that business or group.”

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

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas, Kevin Waugh — 4;

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

Clause 19, 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

On new Clause 19.1,

Peter Julian moved, — That Bill C-18 be amended by adding after line 20 on page 8 the following new clause:

“19.1 Any provision in a covered agreement respecting payments to be made by a digital news intermediary to a news business must be based solely on the editorial expenditures of the business.”

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, Tim Louis, Martin Shields, Rachael Thomas, Kevin Waugh — 10.

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 20 on page 8 the following new clause:

“19.1 Any provision in a covered agreement respecting payments to be made by a digital news intermediary to a news business must be based solely on the editorial expenditures of the business. The percentage of a payment relating to editorial expenditures must be comparable to such payments provided for in all of the other covered agreements entered into by that digital news intermediary with any news business.”

After debate, the question was put on the amendment of Mike Morrice 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, Tim Louis, Martin Shields, Rachael Thomas, Kevin Waugh — 10.

Clause 20 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 21 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 22 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 23 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

Clause 24 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

On new Clause 24.1,

Rachael Thomas moved, — That Bill C-18 be amended by adding after line 8 on page 9 the following new clause:

“24.1 Section 24 does not limit the right of quotation of any 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4;

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

Clause 25 carried on the following recorded division:

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

NAYS: Marilyn Gladu, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

At 12:42 p.m., the sitting was suspended.

At 12:44 p.m., the sitting resumed.

Clause 26 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, Martin Shields, Rachael Thomas, Kevin Waugh — 4.

On Clause 27,

Peter Julian moved, — That Bill C-18, in Clause 27, be amended by replacing line 2 on page 10 with the following:

“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;”

Debate arose thereon.

Chris Bittle moved, — That the amendment be amended by adding after the words “under that Act” the following: “or other categories of licensees established by the Commission with a similar community mandate”.

After debate, the question was put on the subamendment of Chris Bittle and it was agreed to.

The question was put on the amendment of Peter Julian, as amended, and it was agreed to.

At 1:06 p.m., the committee adjourned to the call of the Chair.



Aimée Belmore
Clerk of the committee