THE OVERLOOKED OFFICIAL LANGUAGE MINORITY COMMUNITY MEDIA SHOULD BE PROTECTED UNDER THE ONLINE NEWS ACT Brief of the Consortium of Official Language Minority Community Media Presented to the Standing Senate Committee on Transport and Communications as part of its study of Bill C-18, Online News Act February 17, 2023

page 2 of 38 Authorized representative of the Consortium of Official Language Minority Community Media: Linda Lauzon, General Manager dg@reseaupresse.ca 613-241-1017, ext 101 613-276-6363

page 3 of 38 I. THE CONSORTIUM .............................................................................................................. 5 II. THE CONSORTIUM’S POSITION IN CONTEXT .................................................................. 6 A. Bill C-18 should be amended to ensure the sustainability and vitality of OLMC digital news outlets and, in turn, the sustainability and vitality of OLMCs ........................................................ 7 B. The importance of rigour and quality of professional journalism ...................................... 13 III.

AMENDMENTS PROPOSED BY THE CONSORTIUM ...................................................... 14 1. Define the expression “official language minority community” to identify news outlets serving OLMCs (clause 2(1), Bill C-18) ................................................................................... 15 2. Define the expression “official language minority community news outlets” to add provisions that meet the specific needs of such media (clause 2(1), Bill C-18) ...................... 16 3.

Ensure OLMC news outlets, whose community reality makes it difficult to meet eligibility criteria, are eligible for the bargaining process (clause 27(1), Bill C-18) ................................. 18 4. Ensure that OLMC news outlets who produce primarily original content on a regular and continuous basis have their place at the bargaining table for agreements reached outside of the bargaining process set out in Bill C-18 (clause 11(1)(a), Bill C-18) ................................... 21 5.

Ensure that news outlets subject to the bargaining process set out in Bill C-18 produce primarily original content on a regular and continuous basis (clause 31(2), Bill C-18) ............ 26 6. Ensure quality control of the methods and principles contained in the codes of ethics of news business and ensure compliance with them (clause 27, Bill C-18) ................................ 27 7.

Consider the specific nature of OLMC news outlets when apportioning costs related to the bargaining process (clause 44 and clause 80(2) of Bill C-18) and fees for services (clause 79 of Bill C-18) ............................................................................................................ 30 IV. RECOMMENDATIONS .................................................................................................... 32 V. CONCLUSION ..................................................................................................................... 37 Table of Contents

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page 5 of 38 I. THE CONSORTIUM [1] The Consortium of Official Language Minority Community Media (“Consortium”) brings together the Réseau.Presse, the Alliance des radios communautaires du Canada, the Quebec Community Newspapers Association and the English-Language Arts Network.

These four agencies represent the interests of the country’s official language minority community media sector. [2] Since 2016, the Consortium has unanimously defended the interests of nearly 100 media from official language minority communities (“OLMCs”), namely English-speaking communities in Quebec and French-speaking communities outside Quebec across the nine provinces and three territories. [3] Founded in 1976, Réseau.Presse (formerly the Association de la presse francophone) is the single network of French language newspapers published in Canada outside of Quebec.

Réseau.Presse represents the interests of French language written media in minority communities and has a readership of over 500,000 Francophones and Francophiles. It contributes to the development and outreach of Francophone and Acadian communities. [4] The mission of the Alliance des radios communautaires du Canada, founded in 1991, is to contribute to the vitality of French in minority communities by creating, maintaining and developing a collection of French-speaking community radio outside of Quebec.

The Alliance brings together radio stations with over 300,000 listeners and that are continuing to expand their reach. The Alliance provides consultancy, coordination, cooperation, exchanges and promotion while respecting local and regional characteristics. [5] Founded in 1980, the Quebec Community Newspapers Association acts as the spokesperson for Quebec’s English-speaking community newspapers, which serve a readership of over 380,000 people.

It tends to the professional and economic development of English print media in a minority setting in Quebec. [6] The English-Language Arts Network brings together and represents the interests of cultural agencies and workers from Quebec’s English-speaking communities. It also represents the interests of radio stations serving Quebec’s English-speaking communities.

page 6 of 38 II. THE CONSORTIUM’S POSITION IN CONTEXT [7] The Consortium closely reviewed the current version of Bill C-18, the Online News Act1 (“BILL C-18”) and strongly condemns the fact that it does not recognize the fundamental importance and specific nature of the needs of the Consortium members, OLMC media. The current version of Bill C-18 ignores the obligations of the federal government under the Official Languages Act (“OLA”).2 Moreover, the Consortium condemns the lack of specific provisions soundly guaranteeing the rigour, independence and quality of journalistic content.

Yet these two issues are at the centre of Canadian democratic society and its bilingual identity. [8] OLMC radio and newspapers play a fundamental role in the survival and sustainability of OLMCs and their representation in democratic institutions: they keep their members informed of local issues. This is particularly important when it comes to municipal elections in ridings where OLMCs constitute a large proportion of electors and in OLMC school board elections.

In fact, it has been shown that communities informed by local radio and newspapers are more aware of local issues and candidates 3 and a greater proportion will 1 Bill C-18,

An Act respecting online communication platforms that make news content available to persons in Canada, 1st Sess, 44th Parl, 2022 (second reading the Senate began 7 February 2023) [BILL C-18]. 2 Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.) [OLA]. 3 See specifically Danny Hayes and Jennifer L Lawless, “The Decline of Local News and Its Effects: New Evidence from Longitudinal Data” (2018) 80:1 J of Politics 332; Lee Shaker, “Dead Newspapers and Citizens’ Civic Engagement” (2014) 31:1 Political Communication 131; Sam Schulhofer-Wohl and Miguel Garrido, “Do Newspapers Matter? Short-run and Long-run Evidence from the Closure of The Cincinnati Post»

(2009) National Bureau of Economic Research, Working document no 14817; House of Commons, Disruption: change and churning in Canada’s media landscape, Report of the Standing Committee on Canadian Heritage (June 2017), pp 7–8 (Chair: The Hon. Hedy Fry) [CHPC Report, June 2017].

page 7 of 38 vote in elections,4 particularly at the local level.5 This is not insignificant. There is a problem with the low level of participation in school board elections in minority settings (constitutionally protected by s. 23 of the Canadian Charter or Rights and Freedoms).

These boards are one of the only institutions specific to OLMCs and the law recognizes their fundamental importance in maintaining and reproducing the culture and the minority language.6 OLMC radio and newspapers are essential not only to the survival of OLMCs, but also to their vitality in promoting their representation within democratic institutions. [9] The amendments to Bill C-18 requested by the Consortium aim to ensure the sustainability and vitality of OLMC digital news outlets (subheading

A) as well as journalistic rigour (subheading B), two principles that this bill claims to consider – without, however, creating restrictive obligations to concretely protect them. 7 A. Bill C-18 should be amended to ensure the sustainability and vitality of OLMC digital news outlets and, in turn, the sustainability and vitality of OLMCs [10] The goal stated in the

summary of Bill C-18 is to contribute to the vitality of the Canadian digital news market.8 OLMC media are local and independent businesses and the goal of Bill C-18 is specifically to contribute to their sustainability [emphasis added]: 4 Ben Andrews and Scott Pruysers, “Does Democracy Die in Darkness? An Examination of the Relationship between Local Newspaper Health and Turnout in Municipal Politics”

(2022) Canadian Journal of Political Science 1 arriving at the same conclusions as the Danish and American research on the topic: see specifically Martin Baekgaard et al, “Local News Media and Voter Turnout” (2014) 40:1 Local Government Studies 518; Christopher Chapp and Peter Aehl, “N ewspapers and Political Participation: The Relationship Between Ballot Rolloff and Local Newspaper Circulation” (2021) 42:2 Newspaper Research Journal 235.

To the same effect, see also House of Commons, Standing Senate Committee on Canadian Heritage, “The Media and Local Communities”, Evidence, 42-1, no 36 (15 November 15), p. 7 (Jean-François Dumas, Influence Communication) [CHPC no 36, 2016, Evidence]. 5 Esther Thorson, Scott Swafford and Eunjin (Anna) Kim, “Newspaper News Exposure Predicts Political Participation” (2017) 38:2 Newspaper Research J 231; CHPC no 36, 2016, Evidence, p. 7 (Jean-François Dumas, Influence Communication). 6 Conseil scolaire francophone de la Colombie-Britannique v.

British Columbia, 2020 CSC 13 ; Association des parents de l’école Rose-des-vents v. British Columbia (Education), 2015 CSC 21 ; Mahé v. Alberta, [1990] 1 RCS 342. 7 See, for e.g., Bill C-18, s. 11 (1) a) (iii), 11 (1) a) (vi), 27 (1) b) (iv). 8 Bill C-18,

Summary.

page 8 of 38 4 La présente loi a pour objet de régir les intermédiaires de nouvelles numériques en vue d’accroître l’équité au sein du marché canadien des nouvelles numériques et de contribuer à la viabilité de celui -ci, notamment en contribuant à la viabilité des entreprises de nouvelles au Canada, à la fois dans le secteur à but lucratif et le secteur sans but lucratif, y compris les entreprises locales et indépendantes. 4 The purpose of this Act is to regulate digital news intermediaries with a view to enhancing fairness in the Canadian digital news marketplace and contributing to its sustainability, including the sustainability of news businesses in Canada, in both the non-profit and for profits sectors, including independent local ones. [11] Moreover, Bill C-18 already mentions “Francophone and Anglophone communities, including official language minority communities” as populations that should be served by news media from news businesses with whom an operator enters into agreements that permit them to obtain an exemption order.9 None of the measures in Bill C-18 allow the stated objectives related to OLMC news outlets to be achieved.

Bill C-18 contains statements of principles in line with the Consortium’s interests, but does not confer any substantial right allowing those principles to be implemented. [12] The purpose of the amendments proposed by the Consortium is to transform those statements of princi ples into obligations and substantial rights so that Bill C -18 achieves the stated objectives by truly protecting the sustainability and vitality of OLMC news outlets. [13] The Consortium is a key link to diversity and journalistic vitality at the community level.

The sustainability of its member media requires amendments ensuring that they can benefit from the mechanisms put in place by Bill C-18. [14] Community newspapers and radio serve some two million people from official language minority settings. Many readers and listeners of media represented by the Consortium live in remote communities, whose realities and issues are often ignored by big media. Community newspapers and radio are essential to the linguistic and cultural vitality of OLMCs and to their development.

In 2018, the Honourable Senator Cormier noted that “community and local media are key players in the development and the vitality of the communities they serve.” 10 9 Bill C-18, s. 11 (1) (a) (vi). 10 Senate of Canada, Standing Senate Committee on Official Languages, News Release, “Government must support official language minority community media” (8 May 2018).

page 9 of 38 [15] OLMC media are the cornerstones of minority communities. They have been guiding their everyday life for decades. For the members of those communities, they are strong symbols of identity and factors of attachment and belonging to the communities. Community media also bring people together. They discuss local topics and events not covered by big media. However, there are other benefits, beyond their cultural support.

They facilitate access to public information in the official language of the minority setting11 by offering governments a very effective means of disseminating public notices and advertisements.12 They also provide economic opportunities by creating jobs for the members of OLMCs and visibility for their businesses through advertising. [16] The future of OLMCs depends on their access to quality community media.

As the Honourable Senator Gagné pointed out, “clearly, to ensure a community’s development,” it must be able to “read, watch and listen.”13 OLMC media are communication tools and, like the Standing Senate Committee on Canadian Heritage said, they “are the key to the reflection of the culture of minority language, its promotion and its development.”14 The more OLMCs have a variety of media in their language, the more they will use that language.15 [17] OLMC media are facing specific difficulties that threaten their existence.

OLMC media are less likely to attract advertising buyers because the markets they serve and their circulation are often too small. The ability of community media to generate income and diversify the source of the income is inherently limited by the saturation of the markets they serve. Add to that 11 Senate of Canada, Standing Senate Committee on Official Languages, “Étude de la perspective des Canadiens au sujet de la modernisation de la

Loi sur les langues officielles”, Evidence, 42-1, no 22 (19 March 2018) (Marie-Hélène Eddie, Doctoral student in sociology, University of Ottawa, as an individual) [Testimony of Marie-Hélène Eddie]. 12 Furthermore, the federal government is required to publish its notices and announcements in both official languages through English and French media of the impacted regions: OLA, s. 11. 13 Senate of Canada, Standing Senate Committee on Transport and Communication, Witnesses, 42-1, no 35 (22 May 2018). 14 CHPC Report, June 2017, par. 2.5.1. 15 See, for e.g., Christiane Bernier, Simon Laflamme and Sylvie Lafrenière, “L’effet de la disponibilité des médias et de la densité de la population minoritaire sur la langue d’exposition aux medias” (2013) 3 Minorités linguistiques et société 120, pp 132–34, 139; Testimony of Marie-Hélène Eddie.

page 10 of 38 the drop in advertising revenue16 and the digital shift of recent years, which is especially impacting the members of the Consortium17 .due to geographic isolation and the scattering of their target audience. [18] In 2018 and 2021, the Consortium wrote to the Standing Senate Committee on Official Languages to report the existential issues that are threatening the survival of OLMC media (see appendices “A” and “B”).18 However, the calls for help did not result in any concrete proposal by the federal government that is likely to ensure the sustainability and vitality of the Consortium members.19 It is essential that Bill C-18 be amended to protect OLMC news outlets. [19] The express recognition of OLMC news outlets in Bill C-18 is particularly important as the modernization of the OLA as proposed by Bill C-13,

An Act to amend the Official Languages Act (“Bill C-13”), currently at clause-by-clause consideration in committee in the House of Commons, does not meet the Consortium’s repeated calls. 16 In 2018, the alarming situation was described as follows: “Canadian newspaper advertising revenue reached its peak of $2.66 billion in 2005, then it plummeted to today where it less than $1.3 billion”: Friends of Canadian Broadcasting, Close the Loophole! The Deductibility of Foreign Internet Advertising, by Peter Miller and David Keeble, Toronto, Friends of Canadian Advertising, March 2018, p 9.

See also Broadcasting & Telecommunications Panel, Canada’s Communication Future: Time to Act, Final report, Ottawa, 29 January 2020, pp 169–72 [Canada’s Communication Future]. 17 Canada’s Communication Future, p. 170. 18 Appendix “A”: Consortium on Official Language Minority Community Media, Pour une

Loi sur les langues officielles qui appuie – et non ignore, voire mine – le développement des médias communautaires des communautés de langue officielle en situation minoritaire, Brief presented to the Standing Senate Committee on Official Languages, 28 June 2018 [Consortium Brief presented to the OLLO, 2018]; Appendix “B”: Consortium of Official Language Minority Community Media, Official language minority community media, the overlooked of the official languages reform project, Brief presented to the Standing Senate Committee on Official Languages, 31 May 2021 [Consortium Brief presented to the OLLO, 2021]. 19 OLMC media have been ignored in the official languages reform project unveiled in February 2021: Canadian Heritage, English and French: Towards a substantive equality of official languages in Canada (2021) [Towards a substantive equality of official languages in Canada].

The same applies to the two bills proposing modernization of the Official Languages Act that followed, i.e., Bill C- 32,

An Act to amend the Official Languages Act and to make related and consequential amendments to other Acts, 2nd Sess., 43rd Parl, 2021 (first reading in the House of Commons 15 June 2021) and Bill C-13,

An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts, 1st Sess., 44th Parl., 2022 (second reading in the House of Commons 30 May 2022) [BILL C-13].

page 11 of 38 [20] In 2018, the Consortium specifically asked that OLMC media be expressly recognized in the wording of s. 11 and 30 of the OLA, addressing the publication of notices and advertisements and the federal government’s mode of communication, respectively.

Moreover, the Consortium added its voice to the Fédération des communautés francophones et acadienne (FCFA) and asked to rectify the major architectural flaw of the OLA tasking the Treasury Board alone with its implementation.20 In 2021, the Consortium repeated that the modernized version of the OLA must “expressly recognize and ensure […] the full protection and development of community media.”21 Unfortunately, Bill C-13 does not take any of those calls into account.

The Consortium also shares the criticisms of numerous stakeholders, namely that Bill C-13 does not rectify the ineffective and non-restrictive nature of

Part VII of the OLA.22 [21] Nevertheless, despite is many well-documented faults, the OLA currently in effect affirms a commitment that should guide the Standing Senate Committee on Transport and Communication in its review of Bill C-18. Under

section 41(2) of the OLA, “every federal institution has the duty to ensure that positive measures are taken for the implementation” of the federal government’s commitment stipulated in

section 41(1) to “enhance the vitality of the English and French minorities and to support their development and foster the full recognition and use of both English and French in Canadian society.” [22] Furthermore, although Bill C-13 should be improved as part of the House of Commons clause-by-clause consideration, its current version introduces amendments to the OLA that should also guide the Committee in its review of Bill C-18. The proposed amendments to Bill C-13 will clarify in

section 41(1) that the federal government commits to support the development of English and French minorities 20 Consortium brief presented to OLLO, 2018, pp 13–15. 21 Consortium brief presented to OLLO, 2021, p 6. 22 See specifically Fédération des communautés francophones et acadienne, Proposed amendments to Bill C-13, Brief presented to the Standing Senate Committee on Official Languages, May & June 2022, pp 13–19 [FCFA Brief]; French Speaking Common Law Members

Section of the Canadian Bar Association, Brief presented to the Standing Senate Committee on Official Languages, October 2022, pp 2–3; Officer of the Commissioner of Official Languages, Seizing a Historic Opportunity: For a Complete Modernization of the OLA, Brief presented to the Standing Senate Committee on Official Languages and to the Standing Committee on Official Languages, June 2022 & October 2022, pp 13– 17, 19–20; Quebec Community Groups Network, Brief presented to the Standing Senate Committee on Official Languages and to the Standing Committee on Official Languages, May & June 2022, pp 29–32.

page 12 of 38 “taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society.”23 Bill C-13 also proposes adding that taking positive measures includes any measure to “support sectors that are essential to the vitality of English and French linguistic minority communities […] and protect and promote the presence of strong institutions serving those communities” (par. 41(6)(c)(v)). 24 OLMC news outlets are indeed a sector essential to the vitality of linguistic minorities. [23] It is also telling that Bill C-13 includes the federal government’s recognition of the Canadian Broadcasting Corporation’s contribution, through its activities, “to enhancing the vitality of the English and French linguistic minority communities in Canada and to the protection and promotion of both official languages” in new

section 42.1.25 That recognition of the fundamental role of such news is even more true for OLMC media, which are the pillar of community expression of the minority language culture, its vitality and its development.

Bill C- 13 fails to mention OLMC media.26 Bill C-18 must correct this and expressly recognize the contribution of OLMC media to the diversity of the news and the vitality of OLMCs so that they receive the protection they deserve. [24] In this respect, it is useful to note that one of the roles of the Senate is precisely to ensure the protection of minorities.27 That role has been confirmed both by the Supreme Court of Canada and by the Quebec Court of Appeal.

The role of the Senate in the Canadian federation cannot be fulfilled with the current version of Bill C-18. [25] The amendments requested by the Consortium to the Committee are necessary and reasonable. They aim to ensure that Bill C-18 contains adequate protections for OLMCs and ensure the vitality and sustainability of the media that serve them. Dismissing these requests and retaining the current version of Bill C-18 would be contrary to the long-standing role of the Senate to protect minorities, including OLMCs.

In fact, for the 23 Bill C-13, s. 21, p 11. 24 Bill C-13, s. 21, p 12. 25 Bill C-13, s. 21, p 14. 26 In 2021, the Consortium condemned the express mention of the Canadian Broadcasting Corporation to the exclusion of all other media servicing OLMCs in the official languages reform project, Towards a substantive equality of official languages in Canada: Consortium brief presented to OLLO, 2021, p 3. 27 Reference re Senate Reform, 2014 SCC 32 [Reference re Senate Reform]; Federal bill concerning the Reform of the Senate (Re), 2013 QCCA 1807 [Reference re federal bill concerning the Senate].

page 13 of 38 Fathers of Confederation, one of the key functions of the Senate was the “representation of the English minority settled in Quebec.”28 Since then, this function has expanded to encompass both OLMCs, because “with time, the Senate has also come to represent various under- represented groups in the House of Commons.”29 [26] In short, the protection of Canada’s linguistic duality has historically been a responsibility of the Senate.

Failing to make the amendments requested by the Consortium to recognize OLMC news outlets would be an abdication of that responsibility, which would be a step back for the rights of OLMCs. B. The importance of rigour and quality of professional journalism [27] In addition to protecting and promoting the very existence of OLMC radio and newspapers, Bill C-18 must ensure, in the most robust manner possible, the rigour and professional quality of the news outlets for which it intends to provide a framework.

The current provisions are insufficient to guarantee compliance with the recognized principles guiding the journalist profession, such as independence, equity and rigour in reporting the news. Such guarantees are essential during a time of disinformation and fake news.

It is in the vital interests of our democracy, which is based on the existence of the diversity of free and independent media. 30 [28] Furthermore, during its study of Bill C-18, the Standing Senate Committee on Canadian Heritage was particularly guided by a concern for maintaining a useful distinction between individuals publishing content online as individuals, on the one hand, and legitimate news agencies, on the other. 31 The Consortium calls on the members of the Committee to have the same vigilance and refine the work of their colleagues in that same way. 28 Reference re federal bill concerning the Senate, para 9. 29 Reference re Senate Reform, para 16. 30 “[a] democratic political system cannot function without diverse, free, and independent sources of news”: Organisation for Economic Co-operation and Development, Working Party on the Information Economy, The Evolution of News and the Internet (11 June 2010), p. 13.

See also Canada’s communications future, p 168; CHPC Report, June 2017, pp 7–8. 31 House of Commons, Standing Committee on Canadian Heritage, “Bill C-18,

An Act respecting online communications platforms that make news content available to persons in Canada”, Evidence, 44-1, no 57 (2 December 2022), p 11 (Thomas O Ripley, Associate Assistant Deputy Minister, Cultural Affairs, Canadian Heritage) [CHPC no 58, 2022, Evidence].

page 14 of 38 [29] The public should be able to rely on news professionals whose work is adequately regulated and evaluated against recognized standards of rigour and quality.

As previously explained, a community informed through community radio and newspapers is one that will be more aware of local issues and candidates and will vote in higher numbers during elections, particularly at the local level32 and among cohorts of younger voters.33 OLMC radio and newspapers play a fundamental role in keeping their members informed of local issues, particularly when it comes to municipal and school elections, thereby promoting the representation of OLMCs within democratic institutions.

It is worth repeating that OLMC school boards are the OLMC institutions that represent their interests in the reproduction of their culture and their language. These positive impacts of local journalism on the democracy and vitality of OLMCs cannot happen if that journalism is not rigorous and of high quality. This is the only effective safeguard against divisive rhetoric and political polarization. 34 [30] These considerations are at the centre of the amendments proposed by the Consortium to reinforce journalistic rigour and professionalism in

part III below. III. AMENDMENTS PROPOSED BY THE CONSORTIUM [31] The Consortium is mainly proposing seven amendments that respect the fundamental principle of the role of a Senate committee at this stage:35 as illustrated above, they are in line with the objectives of Bill C-18 and respect the principle and scope of Bill C-18. They are also relevant. This brief details the reasons justifying the Consortium’s request for the following amendments to Bill C-18: 1.

Define the expression “official language minority community” to identify news outlets serving OLMCs (clause 2(1), Bill C-18); 32 See the sources in paragraph 8. 33 Centre for Information and Research on Civic Learning & Engagement, “Local News Helped Young People Get Ready to Vote in 2020”, Medford, MA, CIRCLE & Tufts University, 2021. 34 Joshua P Darr, Matthew P Hitt and Johanna L Dunaway, “Newspaper Closures Polarize Voting Behavior” (2018) 68:6 J of Communication 1007. 35 S enate of Canada, Senate Procedure in Practice, Ottawa, Senate of Canada, 2015, p 141.

page 15 of 38 2. Define the expression “official language minority community news outlets” to add provisions that meet the specific needs of such media (clause 2(1), Bill C-18); 3. Ensure OLMC news outlets, whose community reality makes it difficult to meet eligibility criteria, are eligible for the bargaining process (clause 27(1), Bill C-18); 4. Ensure that OLMC news outlets who produce primarily original content on a regular and continuous basis have their place at the bargaining table for agreements reached outside of the bargaining process set out in Bill C-18 (clause 11(1)(a), Bill C-18); 5.

Ensure that news outlets subject to the bargaining process set out in Bill C -18 produce primarily original content on a regular and continuous basis (clause 31(2), Bill C-18) ; 6. Ensure quality control of the methods and principles contained in the codes of ethics of news business and ensure compliance with them (clause 27, Bill C-18); and 7. Consider the specific nature of OLMC news outlets when apportioning costs related to the bargaining process (clauses 44 and 80(2), Bill C-18) and fees for services (clause 79, Bill C-18). [32] The following are the details of these seven amendments: 1.

Define the expression “official language minority community” to identify news outlets serving OLMCs (clause 2(1), Bill C-18) [33] For Bill C-18 to fully recognize OLMC news outlets and for it to allow those outlets to benefit from the bargaining mechanism and the protections conferred by the bill, a definition specific to that type of media is necessary. Once news outlets have been defined, it then becomes possible to include provisions specific to them, tailored to their reality and that permit them to fulfill their vital role of protecting and promoting official languages in minority settings.

page 16 of 38 [34] To do so, the Consortium proposes defining the expression “official language minority community” first to then be able to define the news outlets related to them. The expression “official language minority community” repeats the already preferred vocabulary in the current version of Bill C-18, subsection 11(1)(a)(vi).

The proposed definition is largely inspired by the one used in Bill C-11, the Online Streaming Act, which is at third reading in the Senate and which aims to amend the Broadcasting Act,36 as well as the definition proposed by the FCFA in its brief on Bill C-13 related to the expression “French linguistic minority communities” in the OLA.37 Using a definition that aligns with those adopted or proposed in similar contexts in Bill C- 18 ensures consistency between the legislative texts of Parliament in related industries and between the various provisions related to OLMCs in the country. [35] The Consortium proposes that the Committee add the following definition to clause 2(1) [emphasis added]: Définitions

Definitions 2 (1) […] 2 (1) […] communauté de langue officielle en situation minoritaire communautés d’expression anglaise du Québec et communautés d’expression française à l’extérieur du Québec. (official language minority community) official language minority community means English- speaking communities in Quebec and French-speaking communities outside Quebec. (communauté de langue officielle en situation minoritaire) 2.

Define the expression “official language minority community news outlets” to add provisions that meet the specific needs of such media (clause 2(1), Bill C-18) [36] The Consortium proposes defining OLMC news outlets. This will allow for the consideration of the unique reality of those media in the country and the appropriate response to the issues concerning them by creating provisions specific to them in Bill C-18. [37] The wording used to defined “Indigenous news outlets” in clause 2(1) is a source of inspiration for the Consortium’s proposal. 36 Bill C-11,

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, 1st Sess., 44th Parl., 2022, s. 2 (2), 2 (3) b), 3 (3) (iii.3), 3 (6.1), 5 (1) a) (study in the Report to the Senate stage on 14 December 2022). 37 FCFA brief, p 21.

page 17 of 38 Recognizing, of course, that the reality, challenges and legal framework of Indigenous news outlets differ from those of OLMC news outlets, the history leading to the adoption of a specific definition for Indigenous news outlets shows that its objective was similar to the one the Consortium is seeking today for OLMC news outlets: acknowledge that this type of news outlet is one of a kind due to its role, its reality and its context. Ensuring its sustainability requires the adoption of specific provisions in Bill C-18. [38] The Consortium therefore proposes defining the expression “official language minority community news outlet” as follows [emphasis added]: Définitions

Definitions 2 (1) […] 2 (1) […] média d’information de communauté de langue officielle en situation minoritaire Entreprise ou toute

partie distincte de celle- ci, telle qu’une

section d’un journal, dont l’objectif principal est de produire du contenu de nouvelles et qui produit du contenu de nouvelles destiné principalement à une communauté de langue officielle en situation minoritaire. (official language minority community news outlet) official language minority community news outlet means an undertaking or any distinct part of an undertaking, such as a

section of a newspaper, whose primary purpose is to produce news content and that produces news content primarily for an official language minority community. ( média d’information de communauté de langue officielle en situation minoritaire) [39] For consistency purposes, amending the definition of the expression “news outlet” is also proposed. OLMC news outlets also continue to be news outlets in the broader sense of Bill C-18. The Consortium proposes the following amendment [emphasis added]: Définitions

Definitions 2 (1) […] 2 (1) […] média d’information news outlet Entreprise ou toute

partie distincte de celle- ci, telle qu’une

section d’un journal, dont l’objectif principal est de produire un contenu de nouvelles. La présente définition vise également tout média d’information autochtone et tout média d’information de communauté de langue officielle en situation minoritaire. ( news outlet) means an undertaking or any distinct part of an undertaking, such as a

section of a newspaper, the primary purpose of which is to produce news content and includes an Indigenous news outlet and an official language minority community news outlet . (média d’information)

page 18 of 38 3. Ensure OLMC news outlets, whose community reality makes it difficult to meet eligibility criteria, are eligible for the bargaining process (clause 27(1), Bill C-18) [40] The criteria allowing a news business to be considered eligible for the bargaining process are set out in clause 27(1). Two situations, aside from that related to Indigenous news outlets, allow a business to be eligible. The first in clause 27(1)(

a) states that the business must be a qualified Canadian journalism organization (QCJO) as defined in

section 248(1) of the Income Tax Act (ITA).38 The second one in clause 27(1)(

b) states that the business must produce news content of public interest that focuses mainly on matters of general interest and that reports on current events. Again under clause 27(1)(b), the business must also meet four other conditions to be eligible. In both situations (clauses 27(1)(

a) and 27(1)(b)), the news business must regularly employ two journalists in Canada. [41] This criterion according to which two journalists must be employed regularly is a major problem with Bill C-18 in its current state. It is a significant barrier for OLMC outlets. If not amended, OLMC news outlets will simply not be able to use the bargaining process set out in Bill C-18, even though that process is at the centre of the bill and aims to ensure the sustainability of “local and independent businesses” (section 4).

To achieve that objective, those businesses, including those of OLMCs, must be able to be eligible under the criteria of clause 27(1). [42] Many OLMC news businesses simply do not employ two journalists. OLMC outlets operate more with freelancers than employees. 39 It is not unusual for those businesses to have only one journalist, but use several freelancers. [43] Freelance journalists are generally not considered employees legally; they are self- employed or independent. In fact, under the first situation set out in Bill C-18 (clause 27(1)(a)), the business must be a QCJO as defined in

section 248(1) of the ITA. The definition in that clause requires, among other things, that the organization “regularly employ at least two journalists at arm’s length 38 Income Tax Act, RSC 1985, c 1 (5th suppl), s 248 (1) [LIR]. 39 Réseau.Presse, communiqué, « Projet de Loi C-18 : Lourd processus en vue pour les médias francophones en situation minoritaire » (6 April 2022) [Réseau.Presse, Communiqué du 6 avril 2022].

page 19 of 38 from the organization for its content production.” In this context, the expression “regularly employee” refers to journalists who are employed “on a regular and continuous basis, whether full-time or part-time, even if their position is temporarily vacant,”40 but does not include freelancers who are considered self-employed workers.41 [44] The second situation set out in Bill C-18 (clause 27(1)(b)) was amended during the second reading to allow those two journalists to include partners and owners as well non-arm’s length workers.42 The sponsor of that amendment said that this “amendment is a very important and critical one for improving the bill to make sure it’s accessible to community newspapers, to online news publishers right across the country, to the media that provide supports in third and fourth languages in this country.”43 He added, “We have an ethnic press that is extremely vital and energetic.

What this does is provide that ethnic news publications that have owners who are also operators who are also journalists can access this regime.”44 The purpose of the amendment is to “make sure Bill C-18 really does what it needs to do, which is ensure that the big tech giants actually start funding journalism right across the country, including in communities throughout the length and breadth of Canada.”45 Given this objective, it is even more deplorable that the second situation is still too restrictive to ensure that OLMC news outlets, fundamentally important community players, are also eligible. [45] The regular employment of at least two journalists in Canada is still a criterion that must be met.

The restrictive effect of such a condition has already been raised in relation to the QCJO qualification in other contexts, particularly in terms of eligibility for certain income tax 40 Canada Revenue Agency, “Guidance on the income tax measures to support journalism”, para 2.40 (14 November 2021) [Guidance]. 41 Guidance, para 2.41. 42 Compare Bill C-18,

An Act respecting online communications platforms that make news content available to persons in Canada, 1st Sess., 44th Parl., 2022, s. 27 b) (i) (as written in the first reading in the House of Commons on 5 April 2022) and Bill C-18, s. 27 b) (i) 2022 (as written in the second reading in the Senate started 7 February 2023). In terms of this amendment, see CHPC no 58, 2022, Evidence, pp. 6–12; House of Commons Debates, 44-1, no 147 (13 December 2022), p. 10833. 43 CHPC no 58, 2022, Evidence, p. 7. 44 CHPC no 58, 2022, Evidence, p. 7. 45 CHPC no 58, 2022, Evidence p. 7.

page 20 of 38 measures.46 In May 2019, the Minister of Canadian Heritage created the Journalism and Written Media Independent Panel of Experts.

The panel’s mandate was to provide recommendations to help the government efficiently and equitably implement these income tax measures to support Canadian journalism.47 During the June 19, 2019 meeting, the panel stated that the requirement set out in the QCJO definition according to which the organization must employ journalists “is particularly problematic for smaller publications, including most newspapers in official language minority communities.” 48 On July 16, 2019, the panel presented its final report that stated that “although the initiatives in the 2019 Budget legislation are a good first step, they exclude many small community news outlets.”49 The panel then recommended that the federal government “count freelancers and independent contractors among journalists who regularly contribute to the creation of original content” when certain other conditions are met. 50 The panel also recognized that a major barrier for community newspapers is the exclusion of freelancers. [46] Excluding freelance journalists form the calculation of the two journalists necessary for a business to be eligible is still a major problem because news businesses operating OLMC news outlets will have difficulty being eligible for the bargaining process implemented by Bill C-18. [47] As such, it is essential to include a fourth case in clause 27(1) specifically allowing OLMC news outlets to be eligible for the bargaining process, regardless of the number of journalists the news business employs.

The proposed clause also requires an OLCM news business to comply with the recognized methods and principles guiding the profession of journalism to be eligible [emphasis added]: 46 ITA, s. 118.02, 125.6 (1), 149.1 (1). See also the Guidance, para 3.7, 4.3, 5.3, 5.4. 47 Guidance, para 1.4. 48 Canadian Heritage, Journalism and Written Media Independent Panel of Experts,

Summary of the June 19 2019 Meeting, Ottawa, Canadian Heritage, 19 June 2019, p. 2. 49 Canadian Heritage, Journalism and Written Media Independent Panel of Experts, Final Report, Ottawa, Canadian Heritage, 16 July 2019, p. 8 [Final Report of the JIPE].. 50 Final Report of the JIPE, p. 8.

page 21 of 38 Entreprises de nouvelles admissibles : désignation 27

(1) Le Conseil désigne l’entreprise de nouvelles comme admissible, sur demande de celle-ci et par ordonnance si, selon le cas : Eligible news businesses — designation 27

(1) At the request of a news business, the Commission must, by order, designate the business as eligible if it […] […]

d) elle exploite un média d’information de communauté de langue officielle en situation minoritaire au Canada et produit du contenu de nouvelles portant notamment sur des questions d’intérêt général, et elle est soit membre d’une association journalistique reconnue et adhère au code de déontologie d’une association journalistique reconnue ou dispose de son propre code de déontologie dont les normes de conduite professionnelle prévoient le respect des méthodes et principes reconnus guidant la profession de journaliste, notamment l’indépendance, l’équité et la rigueur dans le traitement de la nouvelle et des sources. (

d) operates an official language minority community news outlet in Canada and produces news content that includes matters of general interest, and is either a member of a recognized journalistic association and 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. [48] If this proposal is not retained, the Consortium believes that the criteria under clause 27(1)(b)(

i) should at the very least be amended to expressly allow the eligibility of a news business that generally employs only one journalist provided it also regularly uses a freelance journalist. 4. Ensure that OLMC news outlets who produce primarily original content on a regular and continuous basis have their place at the bargaining table for agreements reached outside of the bargaining process set out in Bill C-18 (clause 11(1)(a), Bill C-18) [49] The Consortium proposes two amendments to clause 11(1)(

a) of Bill C-18. [50] First, it asks to clarify that the “original,” regular and continuous nature of news produced by news outlets is a condition that allows a news business to reach, with operators, agreements recognized under Bill C-18. [51] The addition of this condition is essential to ensuring that the agreements reached outside of the bargaining process set out in Bill C-18, and that permit an operator’s digital news intermediary to be exempt, are reached with reliable and rigorous news outlets. Bill C-18 should not accord bargaining power

page 22 of 38 to news businesses operating news outlets that produce content by simply translating news produced by others or who participate in the growing plague of disinformation and fake news. [52] The content originality condition is already required by Bill C-18 for a news outlet to be able to be the subject of bargaining between the news business and the operator in the process set out by Bill C-18. In fact, in the event of disagreement on the news outlet identified by the news business as requiring bargaining with the operator, the operator can address the Canadian Radio-Television and Telecommunications Commission so it may determine if the outlet in question can take

part in the bargaining process set out in Bill C-18. 51 One of the conditions that is to be met by the news outlet is to be operated exclusively to produce news content “that consists mainly of original news content.”52 Why would this consideration not also be required to reach an agreement recognized under the terms of Bill C-18 to permit the exemption of this bargaining process? [53] It should also be clarified in clause 11(1)(

a) that mainly original news content must be produced on a regular and continuous basis. The continuous production of news content is generally implied in the condition to produce original news content. In the context of the definition of QCJO in

section 248(1) of the ITA,

section 248(1)(a)(

v) states that, to be designated a QCJO, an organization must produce “original news content.” The Independent Panel of Experts made recommendations on the meaning to be given to that expression, which were adopted by the Canada Revenue Agency. 53 For an organization to be considered to be dedicated to the production of “original news content,” it must demonstrate the desire to produce that content on an ongoing basis.54 The Consortium believes that this criteria should be included expressly, not just implied, to avoid any error or diverging

interpretation. [54] The Consortium’s proposal expressly states that the additional condition in clause 11(1)(

a) does not apply to Indigenous news outlets whose issues and 51 Bill C-18, s. 30, 31 (1). 52 Bill C-18, s. 31 (2) [emphasis added]. 53 Guidance, para. 2.24. 54 Guidance, para. 2.25 [emphasis added].

page 23 of 38 circumstances are unique. The same type of exception for those outlets is already set out in the clauses on the bargaining process (clauses 31(2) and 31(2.1) of Bill C-18). [55] Second, the Consortium proposes amending clause 11(1)(

a) related to the criteria surrounding exemption orders to add a criteria specifically about OLMC news outlets. [56] Under Bill C-18, digital news intermediary operators must participate in good faith in the bargaining process set out in the Act and initiated by the eligible news business, unless the operator’s digital news intermediary is exempt under clause 11.

For the digital news intermediary to be exempt, its operator must have “entered into agreements with news businesses that operate news outlets that produce news content primarily for the Canadian news marketplace” and the Commission must be of the opinion that, taken as a whole, the agreements satisfy seven specific criteria.55 One of those criteria is the following [emphasis added]: [the agreements] involve a range of news outlets in both the non-profit and for-profit sectors and they were entered into with news businesses that reflect a diversity of business models that provide services to all markets and diverse populations, including local and regional markets in every province and territory, anglophone and francophone communities, including official language minority communi ties, and Black and other racialized communities.56 [57] This single mention of OLMC in clause 11 is insufficient to protect the news outlets of those communities.

An operator should not be able to receive an exemption order for its digital news intermediary simply by entering into agreements with “a diversity of business models that provide services to […] diverse populations,” particularly OLMCs. Will an operator who enters into an agreement with one or two news businesses operating some OLMC news outlets have entered into agreements with “a diversity” of businesses and news outlets enough to be exempted? It is not enough. [58] The agreements must permit an exemption order to be obtained only if a “significant portion” of OLMC news outlets benefit from them.

The agreements must also 55 Bill C-18, s. 11 (1) a). 56 Bill C-18, s. 11 (1) a) (vi) [emphasis added].

page 24 of 38 be such that they ensure the sustainability of OLMC news outlets rather than contribute to their loss. [59] Again, the Consortium proposes drawing inspiration from the structure and wording used in relation to Indigenous news outlets. During first reading, “Indigenous communities” appeared, alongside OLMCs, in the list of communities in clause 11(1)(a)(vi).

As of second reading, operators can only be exempt if they “ensure a significant portion of Indigenous news outlets benefit from them and they contribute to the sustainability of those outlets in a way that supports the provision of news content by and for Indigenous peoples.”57 [60] Although, as previously stated, the reality, issues and legal framework of Indigenous communities are fundamentally different than those of OLMCs, the effect sought by the amendment made to the benefit of Indigenous communities is similar to that which is being sought by OLCMs today.

The addition of a criterion requiring assurance that “a significant portion” of OLMC news outlets benefit from agreements and that those agreements “contribute” to the sustainability of OLMC outlets is essential. This ensures the survival of outlets from those communities and ultimately the survival of the communities they serve.

Furthermore, by adopting a wording similar to that related to Indigenous news outlets, the amendments proposed by the Consortium will easily fit into the structure of the current provision of Bill C-18. [61] This amendment aligns perfectly with the already underlying objectives of clause 11. A digital news intermediary cannot be exempt from the stated bargaining process if OLMC news outlets do not benefit from the agreements or if those agreements do not contribute to their sustainability.

Although the current version of Bill C-18 mentions OLMCs – recognizing their specific nature – it does not grant them the bargaining power necessary for them to be fully considered when entering into operator agreements.

The proposed amendment permits better achievement of the objective in clause 11, which is itself consistent with the purpose of Bill C-18 set out in clause 4. [62] The Consortium therefore requests the addition of the condition of the “original,” regular and continuous nature of the news content produced by the news outlets in clause 11(1)(a), the addition of clause 11(1)(a)(vii) specifically related to OLMC news outlets 57 Bill C-18, clause 11(1)(a)(vii) [emphasis added].

page 25 of 38 and the deletion of the mention of OLMCs in clause 11(1)(a)(vi) [deletions stricken and additions emphasized]: Ordonnance d’exemption Exemption order 11

(1) Le Conseil prend une ordonnance d’exemption à l’égard de l’intermédiaire de nouvelles numériques si l’exploitant en fait la demande et que les conditions ci -après sont remplies :

a) l’exploitant a conclu des accords avec des entreprises de nouvelles qui exploitent des médias d’information produisant du contenu de nouvelles principalement original de manière régulière et continue, ou produisant du contenu de nouvelles dans le cas des médias d’information autochtones, principalement pour le marché canadien des nouvelles et le Conseil estime que, considérés dans leur ensemble, les accords remplissent les critères suivants : 11

(1) The Commission must make an exemption order in relation to a digital news intermediary if its operator requests the exemption and the following conditions are met: (

a) the operator has entered into agreements with news businesses that operate news outlets that produce primarily original news content on a regular and continuous basis, or that produce news content in the case of Indigenous news outlets, primarily for the Canadian news marketplace and the Commission is of the opinion that, taken as a whole, the agreements satisfy the following criteria: […] […] (vi) ils visent un éventail de médias d’information du secteur à but lucratif et du secteur sans but lucratif et ils ont été conclus avec des entreprises de nouvelles reflétant une diversité de modèles d’entreprise qui fournissent des services à l’ensemble des marchés et des diverses populations, notamment, d’une part, les marchés locaux et régionaux dans l’ensemble des provinces et territoires et, d’autre part, les communautés francophones et anglophones, dont les communautés de langues officielles en situation minoritaire, les communautés noires et d’autres communautés racialisées ; (vii) ils assurent qu’une

partie importante des médias d’information autochtones en bénéficie et ils contribuent à leur viabilité en favorisant la fourniture d’un contenu de nouvelles par et pour les peuples autochtones ; (viii) ils assurent qu’une

partie importante des médias d’information des communautés de langue officielle en situation minoritaire en bénéficie et ils (vi) they involve a range of news outlets in both the non-profit and for -profit sectors and they were entered into with news businesses that reflect a diversity of business models that provide services to all markets and diverse populations, including local and regional markets in every province and territory, anglophone and francophone communities, including official language minority communities, and Black and other racialized communities, and (vii) they ensure a significant portion of Indigenous news outlets benefit from them and they contribute to t he sustainability of those outlets in a way that supports the provision of news content by and for Indigenous peoples; (viii) they ensure a significant portion of official language minority community news outlets benefit from them and they contribute to the sustainability of those

page 26 of 38 contribuent à leur viabilité en favorisant la fourniture d’un contenu de nouvelles par et pour les communautés de langue officielle en situation minoritaire ; outlets in a way that supports the provision of news content by and for official language minority communities; 5. Ensure that news outlets subject to the bargaining process set out in Bill C-18 produce primarily original content on a regular and continuous basis (clause 31(2), Bill C-18) [63] Given that the Consortium is requesting that clause 11(1)(

a) explicitly clarify that news outlets must produce primarily original news content on a regular and continuous basis, this clarification should also be applied to clause 31(2). The same criterion should be applied when the Commission determines whether the news outlet concerned is part of the bargaining process set out in Bill C-18. This amendment does not impact Indigenous news outlets who have their own criteria in clause 31(2.1). The Consortium proposes adding this express condition to clause 31(2)(a), so that it is not just implied [deletions stricken and proposed additions emphasized]: Décision Determination 31

(2) Le média d’information fait l’objet du processus de négociation si le Conseil estime qu’il est exploité exclusivement pour produire du contenu de nouvelles — notamment du contenu de nouvelles locales, régionales et nationales — lequel consiste principalement en du contenu de nouvelles original qui, à la fois :

a) est produit de manière régulière et continue;

a) b) est produit principalement pour le marché canadien des nouvelles ;

b) c) est axé sur des questions d’intérêt général et rend compte d’événements actuels, y compris la couverture des institutions et processus démocratiques ;

c) d) n’est pas axé sur un sujet donné, comme des nouvelles propres à un secteur particulier, les sports, les loisirs, les arts, les modes de vie ou le divertissement ;

d) e) ne vise pas à promouvoir les intérêts d’une organisation, d’une association ou 31

(2) A news outlet is to be a subject of the bargaining process if the Commission is of the opinion that the outlet is operated exclusively for the purpose of producing news content — including local, regional and national news content — consisting primarily of original news content that is (

a) produced on a regular and continuous basis; (a) (

b) produced primarily for the Canadian news marketplace; (b) (

c) focused on matters of general interest and reports of current events, including coverage of democratic institutions and processes; (c) (

d) not focused on a particular topic such as industry- specific news, sports, recreation, arts, lifestyle or entertainment; and (d) (

e) not intended to promote the interests, or report on the activities, of an

page 27 of 38 de leurs membres, ou à rendre compte de leurs activités. organization, an association or its members. 6. Ensure quality control of the methods and principles contained in the codes of ethics of news business and ensure compliance with them (clause 27, Bill C-18) [64] The Consortium believes that the measures surrounding the code of ethics that news businesses are required to have should be strengthened. The Consortium is dedicated to ensuring journalistic integrity, rigour and professionalism. Journalism should not be at the mercy of commercial interests.

Professional journalism plays a fundamental role in Canadian democratic society.

It must respect the criteria that protect its quality and independence and that ensure rigour in the handling of news and sources. [65] It is alarming to note the lack of any mechanism in Bill C-18 ensuring control of the content of the codes of ethics of news businesses and their application while those codes may permit them to be designated as eligible. [66] The Consortium encourages the Committee to review the practices of the Journalism Trust Initiative (JTI) and the Trust Project, two international initiatives that ensure journalistic rigour by stipulating a control process.

The JTI was launched and is now operated by Reporters without Borders 58 and, in 2022, 11 governments expressly committed to support that initiative.59 JTI “is developing and implementing indicators for trustworthiness of journalism,” which aim to ensure the quality, independence and transparency of media outlets.60 Those indicators permit media to self-assess and comply with them.61 It allows “citizens, advertisers and regulators to identify media that comply with the professional standards.”62 JTI is a three-step voluntary process.

First, media outlets complete a JTI standard questionnaire for the self-assessment of their editorial process. Second, the self-assessment may be published in the form of a public and detailed transparency report.

Third, “the conformity of the media outlet’s self-assessment with the requirements of the JTI standard can 58 Journalism Trust Initiative, “About”. 59 Those governments are Andorra, Bulgaria, Estonia, France, Greece, Iceland, Lithuania, Luxemburg, Czech Republic, Slovkia, and Slovenia: Journalism Trust Initiative, news release, “11 Countries Undertake to Back Journalism Trust Initiative” (10 October 2022). 60 Journalism Trust Initiative, “About”. 61 Journalism Trust Initiative, “Home”. 62 Journalism Trust Initiative, “Home”.

page 28 of 38 be independently audited by an accredited certification body.”63 There is therefore an audit and certification process by an accredited agency that provides guarantees that the media outlet has met the indicators for trustworthiness of journalism. [67] Similarly, the Trust Project is an international consortium of news organizations whose mission is to amplify journalism’s commitment to transparency, accuracy, inclusion and fairness so that the public can make informed news choices.64 To do this, the Trust Project has identified, developed and implemented a system based on eight trust indicators that are a widely accepted standard for assessing the integrity behind a news site.65 They are transparency disclosures that show who and what is behind a given news story, including the standards, policies and expertise that ensure the site is producing true journalism in service to the public interest.66 Each news organization displays the trust indicators on both their

article pages and website.67 [68] More importantly for our purposes, news media that want to be part of the Trust Project must take

part in a multi-stage review and approval process. When the news media is approved by this process, it is then supported by the Trust Project, which works with it to apply the trust indicators. The Trust Project verifies compliance of all approved news sites before they implement the trust indicators and it also regularly re-verifies the indicators.

Only news media that are approved and compliant at all times can display the Trust Mark of the Trust Project. 68 This is therefore an audit and certification process by an external, independent organization that ensures that indicators of journalistic trustworthiness are fulfilled by the news media. 63 Journalism Trust Initiative, “Home.” 64 The Trust Project. “About us.” 65 The Trust Project. “Frequently Asked Questions.” 66 The Trust Project. “Frequently Asked Questions.” 67 The Trust Project. “Frequently Asked Questions.” 68 The Trust Project. “Frequently Asked Questions.”

page 29 of 38 [69] The mere mention of the existence of a code of ethics in Bill C-18, without any evaluation of its content or even how it is enforced within the news business is a glaring shortcoming.

When a news business has its own code of ethics referred to in clause 27(1)(b)(iv) or proposed new clause 27(1)(d), quality and compliance control should be carried out by an independent body that knows, respects and values journalism standards and principles. [70] The Consortium requests that a provision be included establishing such an independent body to ensure that a news business does in fact comply with its own code of ethics and that its code complies with recognized journalism methods and principles. To do this, the Consortium proposes, among other things, adding a provision inspired by paragraph (

b) of the definition of QCJO in

section 248(1) of the ITA. This will allow for an independent advisory board to be formed to assist the minister responsible for this new authority under Bill C-18. [71] The system for reviewing applications from organizations seeking to be designated a QCJO under the ITA has proven itself. It allows for an objective, independent and informed peer review process that ensures compliance with recognized journalistic methods and principles.

Applications are reviewed by the Minister of National Revenue in consultation with the independent advisory board established by Order-in-Council. 69 The Minister decides whether or not to grant the QCJO designation and “shall take into account any recommendations” from the independent advisory board.70 The advisory board will provide “independent recommendations to the Minister regarding the eligibility of organizations to be designated as QCJOs” that “focus mainly on elements of the legislation dealing with original news content and journalistic processes and principles.” 71 [72] The Consortium proposes that when a news business has its own code of ethics referred to in clause 27(1)(b)(iv) or in proposed new clause 27(1)(d), it must also either: 1. submit to the Minister every five years its code of ethics and a report indicating how it applies that code in order for the Minister to determine whether the news business adheres to the recognized journalistic processes and principles 69 Guidance at para 2.3 ; Order CP 2020-0177, (March 24, 2020). 70 See ITA, paragraph (

b) of the definition of QCJO at subs. 248(1). 71 Guidance at para 2.4.

page 30 of 38 and, for this purpose, the Minister shall take into account any recommendations of an independent advisory board established by order for the purpose of this provision, or 2. have an independent certification from the Journalism Trust Initiative or a Trust Mark from the Trust Project. [73] The Consortium proposes adding clause 27(1.1) that provides this condition on the code of ethics [additions underlined]: Code de déontologie Code of ethics 27

(1.1) Lorsqu’une entreprise de nouvelles dispose de son propre code de déontologie visé au sous-alinéa (1) b) (iv) ou à l’alinéa (1) d), elle doit soit :

a) soumettre au ministre tous les cinq ans son code de déontologie ainsi qu’un rapport indiquant comment elle applique ce code, afin que le ministre détermine, tenant compte des recommandations d’un comité consultatif indépendant établi par décret pour l’application de la présente disposition, si elle respecte les méthodes et principes reconnus guidant la profession de journaliste, ou

b) avoir une certification indépendante de la Journalism Trust Initiative ou une Marque de fiabilité du consortium Trust Project. 27

(1.1) Where a news business has its own code of ethics referred to in subparagraph (1) (b) (iv) or paragraph (1) (d), it shall either (

a) submit to the Minister every five years its code of ethics and a report indicating how it applies that code, in order for the Minister to determine whether the news business adheres to the rec ognized processes and principles of the journalism profession, and, for this purpose, the Minister shall take into account any recommendations of an independent advisory board established by order for the purpose of this provision, or (

b) have an independent certification of the Journalism Trust Initiative or a Trust Mark of the Trust Project consortium. 7. Consider the specific nature of OLMC news outlets when apportioning costs related to the bargaining process (clauses 44 and 80(2) of Bill C- 18) and fees for services (clause 79 of Bill C-18) [74] Lastly, Bill C-18 must clarify the fact that a news business operating OLMC news media is a factor that must be considered in order to apportion the costs related to the arbitration process between the parties under Bill C-18 and to determine the costs of the provision of services under Bill C-18.

The same is true for arbitration training when it apportions the costs related to final offer arbitration between the parties. [75] To the extent that OLMC news media manage to be eligible for and participate in the arbitration process provided in Bill C-18, there may be significant costs associated with it. News businesses that operate OLMC news media

page 31 of 38 often have fewer financial, administrative and legal resources than other news businesses.72 The costs and resources associated with the arbitration process may be burdensome and thus deter or even prevent them from participating in the process. [76] The Consortium requests that, if a party is a news business that operates one or more OLMC news media, this be explicitly considered when apportioning the costs associated with the process set out in Bill C-18.

This will provide arbitration leverage to Consortium member news media that have few resources compared to operations of digital news intermediaries. This will also counterbalance the fact that the operators of digital news intermediaries would otherwise have an advantage in not entering into agreements with them and then begin the arbitration process set out in Bill C-18 until their resources are exhausted.

The Consortium requests that the following specific guarantees be specified in the following sections [additions underlined]: Coûts Costs 44 La formation arbitrale peut répartir entre les parties les coûts associés à l’arbitrage sur l’offre finale si celles-ci ne parviennent pas à s’entendre sur leur répartition dans un délai qu’elle estime raisonnable et, le cas échéant, tient compte, de la capacité de payer de chacune des parties, de la conduite de celles-ci pendant l’arbitrage, du marché desservi par les médias d’information exploités par l’entreprise de nouvelles ou par les membres du groupe d’entreprises de nouvelles, dont le fait qu’il s’agit de médias d’information des communautés de langue officielle en situation minoritaire ou de médias d’information autochtones, et de tout autre facteur qu’elle estime indiqué. 44 The arbitration panel may apportion the c osts related to final offer arbitration between the parties, if the parties cannot agree, within a period that the panel considers reasonable, on how to share the costs.

In doing so, the panel must take into account each party’s ability to pay, their conduct during the arbitration, the market served by the news outlets operated by the news business or by the members of the group of news businesses, including whether the news outlets are official language minority community news outlets or Indigenous news outlets, and any other factor that it considers appropriate. Coûts répartis par le Conseil Costs apportioned by Commission 80

(1) Le Conseil peut, par ordonnance, répartir entre les parties les coûts associés au processus de négociation — notamment les frais à payer en application des 80

(1) The Commission may, by order, apportion the costs related to the bargaining process, other than those related to final offer arbitration, including fees payable 72 See Office of the Commissioner of Official Languages. Annual Report 2017 -2018, Ottawa: Commissioner of Official Languages, 2018 at p. 13. The federal government is also planning for a fund specifically for official-language minority community media: Canadian Heritage. Action Plan for Official Languages – 2018-2023: Investing in Our Future. Ottawa: Canadian Heritage, 2018, pp 18-19. See also Réseau.Presse, Release dated April 6, 2022.

page 32 of 38 règlements pris en vertu du paragraphe 79(1) — sauf les coûts liés à l’arbitrage sur l’offre finale, si celles-ci ne parviennent pas à s’entendre sur leur répartition dans un délai qu’il estime raisonnable. under regulations made under subsection 79(1), b etween the parties, if the parties cannot agree, within a period that the Commission considers reasonable, on how to share the costs. Facteurs Factors

(2) Pour prendre l’ordonnance, le Conseil tient compte de la capacité de payer de chacune des parties, de la conduite de celles-ci pendant les séances de négociation et de médiation, du marché desservi par les médias d’information exploités par l’entreprise de nouvelles ou par les membres du groupe d’entreprises de nouvelles, dont le fait qu’il s’agit de médias d’information des communautés de langue officielle en situation minoritaire ou de médias d’information autochtones, et de tout autre facteur qu’il estime indiqué.

(2) I n making an order, the Commission must take into account each party’s ability to pay, their conduct during bargaining and mediation sessions , the market served by the news outlets operated by the news business or by the members of the group of news businesses, including whether the news outlets are official language minority community news outlets or Indigenous news outlets, and any other factor that it considers appropriate. [77] Furthermore, pursuant to clause 79 of Bill C-18, the Commission may make regulations respecting fees to be paid for the provision of the Commission’s services.

Regulations may fix those fees or establish classes of news businesses for the payment of fees.73 The regulations for the calculation of fees may consider certain criteria, including the revenues of the operator, the news business or “the market served by the operator’s digital news intermediary or by the news outlets operated by the news business or by the members of the group of news businesses.” 74 The Consortium seeks to enshrine in Bill C-18 a provision stating that one of the specific categories of news business that will be covered by regulation under clauses 79(1) and 79(4) must relate to OLMC news media—when a regulation on costs is adopted by the Commission.

IV. RECOMMENDATIONS [78] In

summary, the Consortium recommends the following amendments to Bill C-18, which aim to recognize OLMC news media and guarantee journalistic principles. 73 Bill C-18, para 79(1)(

a) and (b). 74 Bill C-18, subs. 79(4).

page 33 of 38 Définitions

Definitions 2 (1) […] 2 (1) […] communauté de langue officielle en situation minoritaire communautés d’expression anglaise du Québec et communautés d’expression française à l’extérieur du Québec. ( official language minority community) official language minority community means English- speaking communities in Quebec and French -speaking communities outside Quebec. ( communauté de langue officielle en situation minoritaire) média d’information news outlet Entreprise ou toute

partie distincte de celle- ci, telle qu’une

section d’un journal, dont l’objectif principal est de produire un contenu de nouvelles. La présente définition vise également tout média d’information autochtone et tout média d’information de communauté de langue officielle en situation minoritaire. ( news outlet) média d’information de communauté de langue officielle en situation minoritaire Entreprise ou toute

partie distincte de celle- ci, telle qu’une

section d’un journal, dont l’objectif principal est de produire du contenu de nouvelles et qui produit du contenu de nouvelles destiné principalement à une communauté de langue officielle en situation minoritaire. (official language minority community news outlet) 11

(1) Le Conseil prend une ordonnance d’exemption à l’égard de l’intermédiaire de nouvelles numériques si l’exploitant en fait la demande et que les conditions ci -après sont remplies :

a) l’exploitant a conclu des accords avec des entreprises de nouvelles qui exploitent des médias d’information produisant du contenu de nouvelles principalement original de manière régulière et continue, ou produisant du contenu de nouvelles dans le cas des médias d’information autochtones, principalement pour le marché canadien des nouvelles et le Conseil estime que, considérés dans leur ensemble, les accords remplissent les critères suivants : means an und ertaking or any distinct part of an undertaking, such as a

section of a newspaper, the primary purpose of which is to produce news content and includes an Indigenous news outlet and an official language minority community news outlet . (média d’information) official language minority community news outlet means an undertaking or any distinct part of an undertaking, such as a

section of a newspaper, whose primary purpose is to produce news content and that produces news content primarily for an official language minority community. ( média d’information de communauté de langue officielle en situation minoritaire) 11

(1) The Commission must make an exemption order in relation to a digital news intermediary if its operator requests the exemption and the following conditions are met: (

a) the operator has entered into agreements with news businesses that operate news outlets that produce primarily original news content on a regular and continuous basis, or that produce news content in the case of Indigenous news outlets, primarily for the Canadian news marketplace and the Commission is of the opinion that, taken as a whole, the agreements satisfy the following criteria: […] […]

page 34 of 38 (vi) ils visent un éventail de médias d’ information du secteur à but lucratif et du secteur sans but lucratif et ils ont été conclus avec des entreprises de nouvelles reflétant une diversité de modèles d’entreprise qui fournissent des services à l’ensemble des marchés et des diverses populations, notamment, d’une part, les marchés locaux et régionaux dans l’ensemble des provinces et territoires et, d’autre part, les communautés francophones et anglophones, dont les communautés de langues officielles en situation minoritaire, les commun autés noires et d’autres communautés racialisées ; (vii) i ls assurent qu’une

partie importante des médias d’information autochtones en bénéficie et ils contribuent à leur viabilité en favorisant la fourniture d’un contenu de nouvelles par et pour les peuples autochtones ; (viii) ils assurent qu’une

partie importante des médias d’information des communautés de langue officielle en situation minoritaire en bénéficie et ils contribuent à leur viabilité en favorisant la fourniture d’un contenu de nouvelles par et pour les communautés de langue officielle en situation minoritaire ; (vi) they i nvolve a range of news outlets in both the non- profit and for -profit sectors and they were entered into with news businesses that reflect a diversity of business models that provide services to all markets and diverse populations, including local and regional markets in every province and territory, anglophone and francophone communities, including official language minority communities, and Black and other racialized communities, and (vii) they ensure a significant portion of Indigenous news outlets benefit from them and they contribute to the sustainability of those outlets in a way that supports the provision of news content by and for Indigenous peoples; (viii) they ensure a significant portion of official language minority community news outlets benefit from them and they contribute to the sustainability of those outlets in a way that supports the provision of news content by and for official language minority communities; […] […] Entreprises de nouvelles admissibles : désignation 27

(1) Le Conseil désigne l’entreprise de nouvelles comme admissible, sur demande de celle-ci et par ordonnance si, selon le cas : Eligible news businesses — designation 27

(1) At the request of a news business, the Commission must, by order, designate the business as eligible if it […] […] d)75 elle exploite un média d’information de communauté de langue officielle en situation minoritaire au Canada et produit du contenu de nouvelles portant notamment sur des questions d’intérêt (

d) operates an official language minority community news outlet in Canada and produces news content that includes matters of general interest, and is either a member of a recognized journalistic 75 If the addition of clause 27(1)(

d) is not retained, the Consortium recommends that clause 27(1)(b)(

i) be amended to expressly allow the eligibility of a news company that regularly employs a single journalist to the extent that it also regularly uses a freelance journalist.

page 35 of 38 général, et elle est soit membre d’une association journalistique reconnue et adhère au code de déontologie d’une association journalistique reconnue ou dispose de son propre code de déontologie dont les normes de conduite professionnelle prévoient le respect des méthodes et principes reconnus guidant la profession de journaliste, notamment l’indépendance, l’équité et la rigueur dans le traitement de la nouvelle et des sources. association and 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.

Code de déontologie Code of ethics 27

(1.1) Lorsqu’une entreprise de nouvelles dispose de son propre code de déontologie visé au sous-alinéa (1) b) (iv) ou à l’alinéa (1) d), elle doit soit :

a) soumettre au ministre tous les cinq ans son code de déontologie ainsi qu’un rapport indiquant comment elle applique ce code, afin que le ministre détermine, tenant compte des recommandations d’un comité consultatif indépendant établi par décret pour l’application de la présente disposition, si elle respecte les méthodes et principes reconnus guidant la profession de journaliste, ou

b) avoir une certification indépendante de la Journalism Trust Initiative ou une Marque de fiabilité du consortium Trust Project. 27

(1.1) Where a news business has its own code of ethics referred to in subparagraph (1) (b) (iv) or paragraph (1) (d), it shall either (

a) submit to the Minister every five years its code of ethics and a report indicating how it applies that code, in order for the Minister to determine whether the news business adheres to the recognized processes and principles of the journalism profession, and, for this purpose, the Minister shall take into account any recommendations of an independent advisory board established by order for the purpose of this provision, or (

b) have an independent certification of the Journalism Trust Initiative or a Trust Mark of the Trust Project consortium. Décision Determination 31

(2) Le média d’information fait l’objet du processus de négociation si le Conseil estime qu’il est exploité exclusivement pour produire du contenu de nouvelles — notamment du contenu de nouvelles locales, régionales et nationales — lequel consiste principalement en du contenu de nouvelles original qui, à la fois : 31

(2) A news outlet is to be a subject of the bargaining process if the Commission is of the opinion that the outlet is operated exclusively for the purpose of producing news content — including local, regional and national news content — consisting primarily of original news content that is

a) est produit de manière régulière et continue ;

a) b) est produit principalement pour le marché canadien des nouvelles ;

b) c) est axé sur des questions d’intérêt général et rend compte d’événements (

a) produced on a regular and continuous basis; (a) (

b) produced primarily for the Canadian news marketplace; (b) (

c) focused on matters of general interest and reports of current events,

page 36 of 38 actuels, y compris la couverture des institutions et processus démocratiques ;

c) d) n’est pas axé sur un sujet donné, comme des nouvelles propres à un secteur particulier, les sports, les loisirs, les arts, les modes de vie ou le divertissement ;

d) e) ne vise pas à promouvoir les intérêts d’une organisation, d’une association ou de leurs membres, ou à rendre compte de leurs activités. including coverage of democratic institutions and processes; (c) (

d) not focused on a particular topic such as industry -specific news, sports, recreation, arts, lifestyle or entertainment; and (d) (

e) not intended to promote the interests, or report on the activities, of an organization, an association or its members.

Coûts Costs 44 La formation arbitrale peut répartir entre les parties les coûts associés à l’arbitrage sur l’offre finale si celles-ci ne parviennent pas à s’entendre sur leur répartition dans un délai qu’elle estime raisonnable et, le cas échéant, tient compte, de la capacité de payer de chacune des parties, de la conduite de celles-ci pendant l’arbitrage, du marché desservi par les médias d’information exploités par l’entreprise de nouvelles ou par les membres du groupe d’entreprises de nouvelles, dont le fait qu’il s’agit de médias d’information des communautés de langue officielle en situation minoritaire ou de médias d’information autochtones, et de tout autre facteur qu’elle estime indiqué. 44 T he arbitration panel may apportion the costs related to final offer arbitration between the parties, if the parties cannot agree, within a period that the panel considers reasonable, on how to share the costs.

In doing so, the panel must take into account each party’s ability to pay, their conduct during the arbitration, the market served by the news outlets operated by the news business or by the members of the group of news businesses, including whether the news outlets are official language minority community news outlets or Indigenous news outlets, and any other factor that it considers appropriate. Coûts répartis par le Conseil Costs apportioned by Commission 80

(1) Le Conseil peut, par ordonnance, répartir entre les parties les coûts associés au processus de négociation — notamment les frais à payer en application des règlements pris en vertu du paragraphe 79(1) — sauf les coûts liés à l’arbitrage sur l’offre finale, si celles -ci ne parviennent pas à s’entendre sur leur répartition dans un délai qu’il estime raisonnable. 80

(1) The Commission may, by order, apportion the costs related to the bargaining process, other than those related to final offer arbitration, including fees payable under regulations made under subsection 79(1), between the parties, if the parties cannot agree, within a period that the Commission considers reasonable, on how to share the costs.

page 37 of 38 Facteurs Factors

(2) Pour prendre l’ordonnance, le Conseil tient compte de la capacité de payer de chacune des parties, de la conduite de celles-ci pendant les séances de négociation et de médiation, du marché desservi par les médias d’information exploités par l’entreprise de nouvelles ou par les membres du groupe d’entreprises de nouvelles, dont le fait qu’il s’agit de médias d’information des communautés de langue officielle en situation minoritaire ou de médias d’information autochtones, et de tout autre facteur qu’il estime indiqué.

(2) I n making an order, the Commission must take into account each party’s ability to pay, their conduct during bargaining and mediation sessions, the market served by the news outlets operated by the news business or by the members of the group of news businesses, including whether the news outlets are official language minority community news outlets or Indigenous news outlets, and any other factor that it considers appropriate. [79] The Consortium also requests that a provision be enshrined in Bill C-18 for one of the specific categories of news business that will be covered by regulation under subsections 79(1) and (4) must related to OLMC news media—when a regulation on costs is adopted by the Commission.

V. CONCLUSION [80] In its current state, Bill C-18 does not fulfill its own purpose of “enhancing fairness in the Canadian digital news marketplace and contributing to its sustainability, including the sustainability of news businesses in Canada, in both the non-profit and for-profits sectors, including independent local ones.”76 [81] Operators may enter into agreements to be exempted from the obligation to arbitrate in accordance with the process set out by Bill C-18 without having to ensure that these agreements ensure the viability of OLMC news media.

Moreover, the obligation to arbitrate only exists when a news business is eligible and that requires the regular employment of two journalists. Bill C-18 as it currently exists will not ensure the viability of OLMC media and, therefore, OLMCs themselves. However, it claims the contrary by identifying OLMCs as a population that should be considered by agreements for being exempted from the arbitration process. 77 This vague obligation does not confer any bargaining power on OLMC news media. 76 Bill C-18, s. 4. 77 Bill C-18, subpara. 11(1)(a)(vi).

page 38 of 38 [82] The amendments proposed by the Consortium are necessary to recognize and protect OLMC news media, while strongly reaffirming the importance of compliance with the ethical principles of journalism. [83] These amendments are part of the Senate’s fundamental role in the Canadian federation to ensure the protection of minorities. It is necessary for the Senate to follow up on the Consortium’s requests regarding Bill C-18 in order to fulfill its duty to protect OLMCs.

The protection of Canada’s linguistic duality is a responsibility that has historically been devolved to the Senate and it must accomplish this and advance the rights of OLMCs by accepting the Consortium’s requests. Appendix A: Consortium of Official Language Minority Community Media. Toward an Official Languages Act that Supports – and Does Not Disregard or Undermine – the Development of Official Language Minority Community Media. Brief presented to the Standing Senate Committee on Official Languages, June 28, 2018. Appendix B: Consortium of Official Language Minority Community Media.

Official Language Minority Community Media, the Overlooked of the Official Languages Reform Project. Brief presented to the Standing Senate Committee on Official Languages, May 31, 2021.

Page 1 of 14 Toward an Official Languages Act that Supports – and Does Not Disregard or Undermine – the Development of Official Language Minority Community Media Brief by The Consortium of Official Language Minority Community Media, Presented to the Standing Senate Committee on Official Languages Within the Context of its Study on Canadians’ Views About Modernizing the Official Languages Act 28 June 2018 Appendix A

Page 2 of 14 Francis Sonier, President, Association de la presse francophone Paul Demers, President, Alliance des radios communautaires du Canada Steve Bonspiel, Quebec Community Newspapers Association Contact for the Consortium of Official Language Minority Community Media: Linda Lauzon, Director General Association de la presse francophone linda@apf.ca 613-241-1017, ext. 101

Page 3 of 14 Introduction [1] The Consortium of Official Language Minority Community Media (the Consortium) is an alliance of the three national organizations representing official language minority community media in Canada: the Association de la presse francophone (APF), the Alliance des radios communautaires du Canada (ARC du Canada) and the Quebec Community Newspapers Association (QCNA).

Since 2016, the Consortium has been the common voice of all three of its members on a number of issues. [2] Established in 1976, the APF is the only existing network of French-language newspapers published in Canada outside Quebec. It represents the interests of 18 community newspapers 1 with a combined readership of more than 400,000 francophones and francophiles.2 The APF brings together, supports and represents its member publications in order to ensure their continued survival and vitality, thereby contributing to the development and growth of Acadian and francophone communities.

Its members include the newspaper Le P’tit Moniteur, now known as Le Moniteur Acadien, which was founded in 1867 in Shediac, New Brunswick; La Liberté, a French-language Manitoba publication which recently celebrated its 105th anniversary; and the newspapers L’Aquilon in the Northwest territories (established in 1986) and L’Aurore boréale in Yukon (established in 1983), both of which have been in existence for more than 30 years. [3] ARC du Canada was founded in 1991.

Its mission is to contribute to the ongoing growth of French-language minority communities by creating, maintaining and developing an alliance of community radio stations. ARC du Canada comprises 24 community radio stations 3 broadcasting in eight provinces and two territories; with a total listenership of 300,000, ARC du Canada has a reach that is constantly expanding.

It provides opportunities for consultation, coordination, co-operation, collaboration and promotion to its members, while respecting their local and regional characteristics. 1 Le Droit (Ontario), L’Express (Ontario), Le Nord (Ontario), Le Goût de vivre (Ontario), Le Voyageur (Ontario), L’Orléanais (Ontario), Agricom (Ontario), La Liberté (Manitoba), L’eau vive (Saskatchewan), Le Franco (Alberta), L’Aurore boréale (Yukon), L’Aquilon (Northwest Territories ), Le Nunavoix (Nunavut), L’Acadie Nouvelle (New Brunswick), Le Moniteur acadien (New Brunswick), Le Courrier (Nova Scotia), La Voix acadienne (Prince Edward Island), Le Gaboteur (Newfoundland and Labrador). 2 Association de la presse francophone, Rapport annuel 2017 –2018, p. 23 [available in French only]. 3 Radio Chaleur, CFRH (Ontario), CINN (Ontario ), CKGN (Ontario), CKXL (Manitoba), CFRG (Saskatchewan), CHPL (Alberta), CILS ( British Columbia ), CIVR (Northwest Territories ), CFRT (Nunavut), CFAI (N ew Brunswick), CFBO (New Brunswick), CFJU (New Brunswick ), CHQC (New Brunswick ), CIMS (New Brunswick), CJPN (New Brunswick), CJSE (N ew Brunswick), CKMA (N ew Brunswick), CKUM (N ew Brunswick), CIFA (Nova Scotia), CITU (Nova Scotia), CKJM (Nova Scotia), CKRH (Nova Scotia), CJRM (Newfoundland and Labrador).

Page 4 of 14 [4] Established in 1980, the QCNA is dedicated to the professional and economic development of English community newspapers and their enterprises serving minority communities in Quebec. Its 30 member newspapers4 serve some 824,000 readers across the province. The QCNA provides its members with advocacy, marketing and promotion services; among other things, it also helps them to confront the challenges specific to newspapers in official language minority markets.

Among its members, the QCNA counts Canada’s oldest active community newspaper, the Quebec Chronicle– Telegraph, which was established in 1764, as well as the Sherbrooke Record, which has been in existence since 1897. [5] Community newspapers and radio stations serve more than 2 million Canadians living in official language minority communities. A substantial proportion of the Consortium’s readers and listeners reside in geographically remote communities that are not always served by mainstream media.

This reality makes the vitality of these communities more fragile. [6] In 2010, the Organisation for Economic Co-operation and Development (OECD) noted that “[...] a democratic political system cannot function without diverse, free, and independent sources of news, [...].”5 A vital cornerstone of democracy, community newspapers and radio stations are essential contributors to the continuing development and the linguistic and cultural vitality of official language minority communities. 6 They have been part of the everyday lives of the members of these communities for decades, and they constitute symbols of identity and community attachment factors.

Community media also play a unifying role: dealing with local events and issues that are glossed over by mainstream media, community media allow the members of often geographically remote communities to network amongst themselves, thereby contributing to their sense of community. They also facilitate access to public information in the minority official language. 7 Indeed, community media constitute a very effective means by which the government can disseminate notices and promotional material to taxpayers who would not be reached by mainstream media or the Internet.

Moreover, quite apart from their 4 Bulletin d’Aylmer , The Equity, The Low Down to Hull & Back, The West Quebec Post, Pontiac Journal du Pontiac, The Nation, Nunatsiaq News, The Eastern Door, Main Street, The North Shore News, Southwest News/Le Suroit, Iorì:Wase, The Laval News, Nouvelles Parc Extension News, The Suburban All Editions, Westmount Independent, The Suburban Laval Edition, The Suburban West Island Edition, The Suburban City Edition, Brome County News, The Record, The Townships Sun, The Gaspé Spec, Quebec Chronicle –Telegraph, Humsafar Times, Ricochet Media, The Canadian Jewish News, The Greek Canadian News, The Senior Times, Quebec Farmers Advocate, Il Cittadino Canadese. 5 Organisation for Economic Co-operation and Development (OECD), Working Party on the Information Economy, The Evolution of News and the Internet , 11 June 2010, p. 13. 6 In a recent News Release issued by your committee, Senator Cormier was quoted as follows: “Local and community media are key players in the development and vitality of the communities they serve. ” Standing Senate Committee on Official Languages, Government must support official language minority community media , News Release, 8 May 2018. 7 Standing Senate Committee on Official Languages, Evidence, 42nd Parliament, 1st Session, 19 March 2018 (Marie- Hélène Eddie, Doctoral student in sociology, University of Ottawa, As an Individual ).

Page 5 of 14 cultural value, community media play an economic role by creating career opportunities for official language minority community members, raising the profiles of their businesses and providing advertising opportunities. [7] The future of official language minority communities is largely dependent on their access to quality community media.

As Senator Gagné pointed out during a recent meeting of the Standing Senate Committee on Transport and Communications, “[i]t is clear that to ensure a community’s development, it must be able to read, to see and to hear itself.”8 In fact, academic research has found that the more official language minority communities have at their disposal a variety of media in their language, the more they make use of that language.9 [8] Canadian media, however, are going through a crisis that threatens their very existence.

This crisis is tied to a dramatic drop-off in advertising revenue: “Newspaper advertising peaked in Canada at $2.66 billion in 2006 and has declined to under $1.25 billion today.” 10 [9] The media within the Consortium have fallen prey to this phenomenon. 11 In fact, the crisis is worse for them: because of their geographic isolation or the scattering of their target audience across urban centres, official language minority community media are less likely to attract advertising buyers, since the markets they serve and their circulation numbers are often too small.

The situation is compounded by the impact of the digital revolution in the past few years. Consequently, the ability of community media to generate revenue and diversify revenue sources is being compromised by the saturation of the markets they serve. For instance, the advertising revenue of the newspaper Le Courrier in Nova Scotia has declined nearly 75% in recent years.12 Nevertheless, Le Courrier is more necessary than it has ever been, as the francophone community in Nova Scotia continues to blossom.

Even as Le Courrier continues to lose advertising revenue, enrolment figures in the province’s Acadian school board are on the upswing and there are more people in Nova Scotia with a working knowledge of French than there were five years ago. 13 Hence, federal government policies are detrimental to the Acadian and 8 Senate of Canada, Standing Senate Committee on Transport and Communications, Evidence, 42nd Parliament, 1st Session, 22 May 2018. 9 See for example: Christiane Bernier et al., “L’effet de la disponibilité des médias et de la densité de la population minoritaire sur la langue d’exposition aux médias,” Minorités linguistiques et société, No. 3, 2013, pp. 120–143, in particular pp. 132–134 and 139 [available in French only]; also, Standing Senate Committee on Official Languages, Evidence, 42nd Parliament, 1st Session, 19 March 2018 (Marie-Hélène Eddie, Doctoral student in sociology, University of Ottawa, As an Individual). 10 FRIENDS of Canadian Broadcasting, Close the Loophole!

The Deductibility of Foreign Internet Advertising, March 2018, p. 9. 11 Association de la presse francophone, Rapport annuel 2016 –2017, p. 3 [available in French only]. 12 Office of the Commissioner of Official Languages, Final Investigation Report of the Interim Commissioner of Official Languages.

Public Works and Government Services Canada, Treasury Board of Canada Secretariat, Privy Council Office, Canadian Heritage, Ottawa, June 2017, p. 9 [Interim Commissioner’s Final Investigation Report]. 13 Statistics Canada, Census Profile, 2016 Census, Nova Scotia and Canada 2016; Statistics Canada, Census Profile – Nova Scotia, 2011.

Page 6 of 14 francophone community in Nova Scotia in that they undermine the development of its community media. [10] In the following pages, the Consortium (

A) reviews the crisis facing official language minority community media, then (

B) proposes some amendments to the Official Languages Act designed to support the development of community media and bolster their ability to withstand this crisis.

Page 7 of 14 (

A) The crisis facing official language minority community media [11] The economic challenges facing community media within the Consortium are extremely serious. Cutbacks in reporting staff have become commonplace. For instance, the Saskatchewan French-language publication L’Eau vive currently does not employ a journalist, has had to stop publishing a print edition and is now trying to publish a PDF issue every two weeks.14 In Prince Edward Island, the weekly newspaper La Voix acadienne has been forced to cut staff and concentrate on outside projects.

In Yukon, the newspaper L’Aurore boréale has eliminated its one and only full-time journalist position.15 In Quebec, the Aylmer Bulletin and the West Quebec Post have endured staff cuts of 30% over the last two years. The Quebec Chronicle Herald only has one employee left, and The Gaspé Spec is operating almost exclusively thanks to the work of volunteers. “When it comes to community radio stations, more than 60% do not have the resources to fulfil the requirements for their CRTC licence.”16 “The four radio stations in Nova Scotia are on the brink of closing.

The community radio station in Newfoundland depends on a handful of volunteers, and a number of community radio stations in western Canada are in the same position.” 17 [12] The lack of resources is a problem that has been exacerbated by the tremendous allure of the digital revolution in the last decade and the migration of advertising revenue toward the Internet.18 In 2015, complaints were filed with the Office of the Commissioner of Official Languages concerning huge drops in federal government advertising in the media.

In her Final Investigation Report, released in 2017, the Interim Commissioner of Official Languages noted the following: The investigation shows that federal institutions do increasingly tend to use the Internet for their advertising and that that medium has been favoured for at least ten years, not because a directive was issued to that effect, not because the 2006 Communication Policy obliges them to do so, but because the Internet has become essential in this age of electronic communication. [...] At the same time, we also see a corresponding constant, pervasive reduction in the advertising revenue of newspapers and radio stations throughout the country, as is the case for community newspapers and radio stations in [official language minority communities].19 The report subsequently indicated that the drop in advertising in community media by federal institutions between 2006–2007 and 2014–2015 is definitely among the factors that contributed to the current difficulties facing community media; such institutions now clearly prefer the placement of advertisements on the Internet over the use of traditional 14 Association de la presse francophone, Rapport annuel 2016 –2017, supra, p. 25. 15 OCOL Final Report, supra, p.9. 16 Standing Senate Committee on Transport and Communication, Evidence, 42nd Parliament, 1st Session, 30 May 2018 (Linda Lauzon, Executive Director, Association de la presse francophone). 17 Standing Senate Committee on Transport and Communication, Evidence, 42nd Parliament, 1st Session, 30 May 2018 (François Côté, Executive Director, Alliance des radios communautaires du Canada ). 18 See, for example: Assemblée de la francophonie de l’Ontario, Les médias francophones en Ontario : Livre blanc, September 2017, p. 4 [White Paper on francophone media in Ontario] [available in French only]. 19 OCOL, Interim Commissioner’s Final Investigation Report, supra, p. 21.

Page 8 of 14 advertising methods such as official language minority community newspapers and radio stations.20 [13] The overall drastic decline in revenue recorded by Consortium members can be attributed largely to the reduction in advertising revenue from federal government sources.

By way of indication, the value of ads placed in official language media by the federal government fell 75% over a period of 8 years, from about $2 million in 2006–2007 to less than $425,000 in 2014–2015.21 According to the APF, “[translation] the collective shortfall incurred by [its] members totals $1.5 million annually and has a direct impact on the quality and volume of information conveyed.”22 Advertising placements on ARC du Canada radio stations have all but disappeared, plummeting from $850,000 in 2007 to barely $45,000 in 2018. [14] Moreover, the minority language press, which is already extremely fragile, now devotes a significant amount of its resources to digital operations.

For example, Le Franco, the only French-language periodical in Alberta, undertook a transition to digital technology last year. One electronic issue was designed to incorporate video clips, thus elevating the newspaper’s profile on social networks.

Although this work monopolized much of the energy and resources of the Le Franco team, its members continued to produce quality content for each issue of the newspaper.23 [15] In spite of this crisis, the readership of APF members and the confidence of the public have not diminished. “The monthly readership rate of community newspapers varies between 47 % and 54 % depending on the region in Canada,” [rising to as much as 80% in the Northwest Territories.

More than two thirds of community newspaper readers read these publications as often as or more often than other local newspapers.] Three factors encourage the reading of a community newspaper: access to local news, the content in general, and the fact that in certain regions, it is the only francophone newspaper.”24 Francopresse, the APF’s news service, has doubled its printing rate from last year.25 The readership enjoyed by QCNA members has remained steady as well; three out of five anglophone residents of Quebec read their local English-language community newspaper. [16] Despite the increased presence of the Internet, official language communities continu e to use their newspapers.

In addition, more than 300,000 people listen to ARC du Canada member radio stations, and the listenership is stable.

As stated by the Interim Commissioner of Official Languages in her Final Investigation Report in June 2017, following complaints concerning the drastic reduction in government advertising in the media: “No data submitted in the course of the investigation, nor any documents 20 Ibid, p. 26. 21 White Paper on francophone media in Ontario, supra, p. 10. 22 Association de la presse francophone, Rapport annuel 2015–2016, p. 5 [available in French only]. 23 Association de la presse francophone, Rapport annuel 2016 –2017, supra, p. 24. 24 OCOL, Interim Commissioner’s Final Investigation Report, supra, p. 7; see also Alliance of Official Language Minority Media, Let’s Talk Media – Media consumption habits of official language minority communities reports, March 2012, pp. 6 and 12–18 [Media consumption habits of official language minority communities reports]. 25 Association de la presse francophone, Rapport annuel 2016 –2017, supra, p. 12.

Page 9 of 14 consulted, confirmed the opinion that official language minority newspapers and radio stations no longer have a place in those communities, or that they no longer provide support to them or contribute to their identity building.”26 [17] Your committee’s study on Canadians’ views about modernizing the Official Languages Act and the reports that will flow from it constitute a key opportunity to ask Parliament to take specific steps to ensure that the next version of the Official Languages Act contributes to – and does not undermine – the development of community media. 26 OCOL, Interim Commissioner’s Final Investigation Report, supra, p. 33; see also Media consumption habits of official language minority communities reports, supra, pp. 6–7 and 19–24.

Page 10 of 14 (

B) Amendments to the Official Languages Act designed to help support the development of official language community media [18] The community media crisis is a familiar issue.

Several parliamentary committees have pointed to the various difficulties facing community media and have already made recommendations on how to address these problems. [19] For example, in its study on changes to the Government of Canada’s communications policy pertaining to government advertising, the House of Commons Standing Committee on Government Operations and Estimates expressed concern in 2017 that “the government’s ‘digital-first’ approach and its commitment to significantly reduce advertising expenditures might limit the choice of media – favouring digital media over perhaps more costly traditional media.”27 That committee also observed “that there could be some misalignment between the government’s digital-first strategy and the reality that many Canadians targeted by programs and services are best reached through more traditional media, including television, radio and print media.”28 At the end of its study, the Standing Committee on Government Operations and Estimates specifically recommended that the “Government of Canada increase advertising purchasing for [...] community newspapers and other local media, so that the government meets the stated directive that communications are responsive to the diverse information needs of the public.” 29 [20] In 2017, the House of Commons Standing Committee on Canadian Heritage, as part of its study on the media and local communities, published a report entitled Disruption: Change and Churning in Canada’s Media Landscape, in which it set out the following statement of principle: Given the media’s importance as a reflection of Canada’s diversity and a pillar of our democracy, the Government of Canada must implement the necessary measures to support the existence of a free and independent media and local news reporting. 30 This committee in particular recommended that the federal government “offer greater support to Indigenous, ethnic and official language minority print media,”31 and “that federal institutions increase their dissemination of information in official languages, ethnic and Indigenous communities.”32 [21] More recently, in June 2018, the House of Commons Standing Committee on Official Languages published a report following its review of support programs for official language minority community media.

This committee noted that “in recent years, the 27 Standing Committee on Government Operations and Estimates, Reaching Canadians with Effective Government Advertising, December 2017, p. 39. 28 Ibid, p. 31. 29 Ibid, p. 39. 30 Standing Committee on Canadian Heritage, Disruption: Change and Churning in Canada’s Media Landscape, June 2017, p. 7. 31 Ibid, p. 40. 32 Ibid, p. 52.

Page 11 of 14 federal government has neglected its responsibilities to [official language minority community] media by significantly reducing its advertising with them.”33 Its recommendations include a request that the Treasury Board Secretariat amend the Policy on Communications and Federal Identity34 to specifically state that “deputy heads” of federal institutions must meet “the objectives of the Official Languages Act, as set out in sections 11 and 30 and subsections 41(1) and 41(2) of the [Official Languages Act].”35 [22] The Office of the Commissioner of Official languages, for its part, noted in its 2017 investigation report that federal institutions have definitely adopted an Internet-first strategy in their advertising and that this approach has only grown in recent years, leading to a considerable reduction in the share of the federal advertising pie allocated to community newspapers and radio stations across Canada.36 Furthermore, the Interim Commissioner found that the Privy Council Office, the Treasury Board Secretariat, the Department of Public Works and Government Services Canada and the Department of Canadian Heritage failed to demonstrate leadership when they did not react to a generally well-known situation that could potentially prove detrimental to the tools for development and growth that are community newspapers and radio stations. 37 The Office of the Commissioner of Official Languages consequently recommended that the federal government adopt positive measures, in accordance with its obligations pursuant to

section 41 of the Official Languages Act. 38 [23] In its recent Action Plan for Official Languages, the federal government made a commitment to create “a $10-million Community Media Strategic Support Fund over the next five years to give financial support to projects that help sustain official-language minority community media – both radio and newspapers.”39 It also promised to provide “$4.5 million over five years to Young Canada Works at Building Careers in English and French, which will create 35 internships at English- and French-language minority community radio stations or newspapers.40 While there remains considerable uncertainty as to the specifics of these financial contributions, they are most certainly steps in the right direction. [24] That being said, there is nothing in the present legislative framework that stipulates or warrants that such support will be renewed.

The Official Languages Act simply does not provide the necessary legislative framework to ensure the development of community media, notwithstanding the fundamental importance of the role they play in language 33 Standing Committee on Official Languages, Media in the Digital Age: Reconciling Federal Responsibilities to Official Language Minority Communities with New Trends, June 2018, p. 4 [Standing Committee on Official Languages, Media in the Digital Age]. 34 Treasury Board Secretariat, Policy on Communications and Federal Identity, updated in 2016. 35 Standing Committee on Official Languages, Media in the Digital Age, p. 23. 36 OCOL, Interim Commissioner’s Final Investigation Report, supra, p. 33. 37 Ibid, p. 34. 38 Ibid, p. 36. 39 Government of Canada, Action Plan for Official Languages – 2018–2023: Investing in our Future, Ottawa, March 2018, p. 18. 40 Ibid.

Page 12 of 14 planning across Canada. It should be emphasized that most of the challenges confronting community media arose after the Official Languages Act was passed in 1969 and after it was revised in 1988. The Internet did not even exist at that time!

On behalf of the 72 community radio stations and newspapers it represents, the Consortium is therefore asking your committee to recommend three amendments to the Official Languages Act that would make it possible to ensure the development of official language minority community media. [25] First, the Consortium is calling upon the Committee to take advantage of its study on modernizing the Official Languages Act to recommend that the Act be amended to ensure the development of community media and, consequently, of the communities they serve.

The Consortium therefore adds its voice to those of numerous witnesses in requesting that a government obligation to adopt an action plan on official languages be enshrined into the Official Languages Act. 41 The Consortium further requests that specific provision be made by the Parliament of Canada to designate as one of the federal government’s areas of intervention the ongoing development and vitality of official language minority communities by means of their community media. [26] The need to give effect to this first request to amend the Official Languages Act became more critical following the Federal Court decision in Fédération des francophones de la Colombie Britannique c Canada (Emploi et Développement Social) concerning the scope of the federal government’s obligation to adopt positive measures in order to implement its commitment to enhance the vitality and development of francophone and anglophone minorities.

In this case, the Federal Court held that this obligation, set out in the Official Languages Act, could not impose specific and particular obligations on federal institutions, since nothing in the wording of the Act can be deemed sufficiently specific in this regard. 42 In other words, community media cannot demand or expect specific positive measures on the part of the government, unless the Act is amended accordingly. [27] Second, the Consortium requests that your committee recommend that Parliament modernize sections 11 and 30 of the Official Languages Act concerning the publication of notices and advertisements and the federal government’s manner of communicating.

These sections were drafted during what can only be described as a bygone era, and Parliament must consequently modernize them. 41 See for example: Conseil des écoles fransaskoises, Concrete Proposals for Modifications of the Official Languages Act: Shielding the Role of the Federal Government in French-Language Education from Partisan Politics, 12 February 2018, para. 49; Conseil scolaire francophone de la Colombie-Britannique, For an Official Languages Act in Service of Minority French-Language Education, 12 February 2018, para. 29; Division scolaire franco-manitobaine, Modernizing the Official Languages Act to increase and strengthen the presence of French in Canada, 15 February 2018, pp. 5–6; Fédération des communautés francophones et acadiennes du Canada, Giving New Momentum to Canada’s Linguistic Duality!

For a Modern and Respected Official Languages Act, 26 March 2018, para. 136; Société de l’Acadie du Nouveau-Brunswick, Let’s Finally Recognize the Specificity of New Brunswick in the Official Languages Act!, 16 April 2018, para. 69; and Commissariat aux services en français, Modernizing the Official Languages Act: Seeking areas of interjurisdictional harmonization, 11 June 2018, para. 93. 42 Fédération des francophones de la Colombie Britannique c Canada (Emploi et Développement Social) , 2018 CF 530, para. 530 [available in French only].

Page 13 of 14 [28]

Section 11 of the Official Languages Act sets out the terms and conditions for the publication by the federal government of notices, advertisements and other matters primarily for the information of the public. However, it refers to “publications in general circulation” rather than community media. A simple amendment to the wording of

section 11 would be sufficient to require federal institutions to publish their material in community media.43 Here then, for your consideration, is the first draft of a modernized

section 11 (underlining is used to indicate additions to the Act, strikethrough to identify deletions): Avis et annonces Notices, advertisements and other matters that are published 11

(1) Les textes — notamment les avis et annonces — que les institutions fédérales