The government of Canada has announced proposed regulations to implement the Online News Act.

The proposed regulations provide clarity on which platforms are subject to the Act and greater certainty on what they need to do to obtain an exemption from the mandatory bargaining process. To obtain an exemption, platforms must enter into agreements supporting the diverse production of Canadian news in communities across Canada. The total value of agreements must meet a certain threshold in order to qualify for an exemption.

The regulations and accompanying Regulatory Impact Analysis Statement have been published in the Canada Gazette, Part I for a 30-day public consultation period. The government welcomes the participation of businesses, academics, civil society and all Canadians. Following the public consultation, the final regulations will be published in the Canada Gazette, Part II. Once finalized, the Canadian Radio-television and Telecommunications Commission (CRTC) will be bound by the regulations.

This process of consultation will further allow respondents to provide their views on the proposed regulations that lay out the thresholds for who the regulations will apply to, the contribution formula to be considered as part of granting exemptions from mandatory bargaining, and how such platforms will contribute fairly to a diversity of news organizations in their contributions.

The CRTC will further define the mandatory bargaining process, the code of conduct to support fairness and transparency, the rules on undue preference or discrimination, and the eligibility of news businesses through their own separate regulatory process. The CRTC recently published details on how it will consult on the implementation of the Online News Act. Information about how to participate is available on the CRTC website.