Canada: Adopted Framework for bargaining and complaint of unfair treatment processes under the Online News Act (formerly Bill C-18)

On 12 December 2024, the Canadian Radio-television and Telecommunications Commission (CRTC) adopted its Framework for bargaining and complaint of unfair treatment processes under the Online News Act (formerly Bill C-18). The Online News Act mandates that online platforms negotiate compensation with eligible Canadian news businesses for the news content they host. The CRTC is responsible for overseeing these negotiations, handling complaints about unfair practices, and collecting data to monitor the Act's impact. The framework establishes a mandatory bargaining framework that includes a 90-day bargaining period, a 120-day mediation period, and a 45-day final offer arbitration (FOA) period if agreements cannot be reached. The CRTC will facilitate mediation and appoint arbitrators if necessary. The framework also addresses how the CRTC will handle complaints from news businesses about unfair practices by online platforms and outlines the data collection requirements from both online platforms and news businesses. Complaints are possible if an online platform has shown undue preference, discrimination, or disadvantage in handling their news content. The CRTC will evaluate these complaints based on whether the platform's actions were retaliatory, inconsistent with the Act's purposes, or outside normal business practices.