In 2024, the Canadian Radio-television and Telecommunications Commission (the CRTC) is continuing its work to "modernize Canada's broadcasting framework" and "build the broadcasting system of the future" by developing a regime to regulate online streaming and on-demand services under the Broadcasting Act (the Act). The CRTC's mandate to overhaul the system flows from a set of April 2023 amendments to the Act known as the Online Streaming Act, and the Government's November 2023 Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework) (the Government Policy Directions). At a high level, each of these essentially calls on the CRTC to ensure that all parts of the industry – creators, traditional broadcasters and online services – continue to do their part to deliver a wide variety of content to Canadians, with particular attention to Canadian content.

The CRTC announced its next steps in its May 2023 Regulatory Plan, recently updated in January 2024. Over the course of 2023, the CRTC conducted public consultations on a number of framework issues such as the basic requirements to provide an online service in Canada, and which types of services will be exempt from some regulatory requirements. The CRTC also held a three-week public hearing – drawing over 120 participants – focused on proposed initial financial contributions to the Canadian broadcasting system.

Based on the CRTC's Regulatory Plan, its ongoing proceedings and outreach to stakeholders, 2024 will continue to be busy with consultations, decisions and new policies affecting online services, broadcasters and Canadian producers and creators. The CRTC has signalled that consultations in the coming months may address (among other things) tools to support Canadian music and other audio content, and to develop, support and promote Canadian and Indigenous video content "on all platforms."

Defining Canadian content

An updated approach to defining "Canadian content" will be one of the key elements of the regulatory framework. The definitions are now, and will continue to be, more aptly described as regimes or systems; see for example the CRTC's overview of Canadian program certification. The new regimes will influence how the industry invests in, creates and promotes content and how traditional broadcasters and online services work with creators and producers, for years to come.

Among other things, section 10(1.1) of the Broadcasting Act requires the CRTC to consider copyright ownership as a factor to determine whether content is "Canadian," which could have implications for deals to produce and exploit content made with Canadian partners. The CRTC will also consider whether key creative production positions are held by Canadians; whether a program "furthers Canadian artistic and cultural expression"; and the extent of collaboration by streaming services and broadcasters (as the case may be) with Canadian producers. Meanwhile, section 13 of the Government Policy Directions sets out several similar and added elements for the CRTC to consider, including supporting Canadians holding a "broad range of key creative positions"; Canadian ownership of intellectual property; and the role of Canadian independent producers and creative resources used by both Canadian and foreign services. Notably, the CRTC is also directed to consider if its definition of "Canadian" complements the audio-visual tax credit (e.g., the Canadian Film or Video Production Tax Credit) and government funding systems (e.g., the Canada Media Fund programs).

The Canada Media Fund

With so much hanging on the approach to defining Canadian content, and so many underlying considerations to be weighed and balanced, some stakeholders have asked the CRTC not to make any decisions or orders on required "contributions" to the system until it has run a full consultation on the "Canadian content" those contributions will support.

The Canada Media Fund (CMF) conducted its own year-long CanCon research initiative, culminating in its September 2023 New Futures for Canadian Content report. The CMF stated that its goal was never to define Canadian content, as "that is the CRTC's job." Instead, its premise was to "spark a national conversation about what Canadian content means to the industry and the Canadian public as the CRTC begins the process of modernizing its regulatory framework."

CRTC Canadian Content Workshops

The CRTC is holding a series of workshops in February and March 2024 on how "stakeholders in Canada's creative audio-visual communities" view definitions of Canadian content. The CRTC called on "showrunners, producers, directors, writers, domestic television broadcasters, content distributors and exporters, domestic online broadcasters, broadcasting distribution undertakings, foreign online services, digital first creators, actors, composers, editors, directors of photography, and animators" to participate. According to the CRTC, participants' views will help determine the questions to be asked in formal public consultations to define Canadian content in the months to come.

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