News Media Bargaining Processes Map

On this page

• Phase 1
• Phase 2(a) Platform Makes Deal with News Media
• Phase 2(b) Platform and News Media Do Not Make Deals
• Phase 3

Phase 1

1. Platform meets “bargaining imbalance” test set by the regulations.
2. Platforms then have two options:

Phase 2(a) Platform Makes Deal with News Media

1. Platform requests exemption (exemption criteria specified in GIC regulations)
2. CRTC holds public consultation which results in two outcomes:
   1. CRTC issues exemption for a period of not more than 5 years or;
      1. If yes, then move onto phase 3, step 2.
   2. CRTC does not issue exemption.
      1. If yes, then move onto phase 2(b) where platforms and news media do not make deals.

Or

Phase 2(b) Platform and News Media Do Not Make Deals

1. News media apply for eligibility.
2. Eligible news media initiate mandatory bargaining over a 90-day period that is guided by regulatory tools such as the Code of Conduct. The mandatory bargaining has 2 possible outcomes.
   1. Platform makes deals with news media or;
      1. If yes, then move onto phase 3, step 2.
   2. Mediation initiated over 120-day period if deal not reached. This is followed by arbitration initiated over a 45-day period.
      1. Following this period, move onto phase 3, step 1.

And

Phase 3

1. Arbitrator imposes monetary terms (binding contract).
2. Ongoing monitoring and regulatory tools.
3. CRTC reassess exemption.
   1. If exemption found to no longer be valid, then return to phase 2(a) step 1.