Online News Act Application and Exemption Regulations (SOR/2023-276)

Marginal note:Imbalance — factors

2 For the purposes of section 6 of the Act, there is a significant bargaining power imbalance between an operator and news businesses only if,

• (a) with respect to the factor set out in paragraph 6(a) of the Act, the operator’s total revenue from all sources in the previous calendar year is greater than $1 billion; and

• (b) with respect to the factors set out in paragraphs 6(b) and (c) of the Act, the digital news intermediary in question is one of the following online communications platforms:

  • (i) a search engine that, during the previous calendar year, had an average of at least 20 million unique visitors in Canada per month,

  • (ii) a social media service that, during the previous calendar year, had an average of at least 20 million active users in Canada per month.