CRTC Modernizes The Definition Of "Canadian Program" Under The Broadcasting Act

On November 18, 2025, the Canadian Radio-television and Telecommunications Commission (the "Commission") released Broadcasting Regulatory Policy CRTC 2025-299 ("BRP 2025-299") modernizing the definition of "Canadian program" by establishing new certification requirements. This bulletin outlines the key determinations and measures introduced in BRP 2025-299.

The Commission addresses four issues that were considered in the consultation: the certification framework for Canadian programs; artificial intelligence ("AI"); data collection and publication; and reporting requirements. Other issues, such as Canadian programming expenditure ("CPE") requirements and supports for the independent production sector will be addressed in a future regulatory policy.

Certification Framework for Canadian Programs

The Commission has updated the criteria for a program to be certified as Canadian ("Canadian Certification Criteria"). These criteria form the basis for the definition of Canadian program. Included in the requirements are an updated points system for key creative positions and new copyright requirements.

Significant differences in the point system include:

• replacing the previous "6/10" points requirement with a more flexible percentage based minimum threshold requirement (60% or 80%), which in practice will mean that smaller productions that do not make use of all the key creative roles will be better able to meet the threshold;
• adding key creative positions to the points system including a "showrunner", heads of department for costume design, make-up, and hair, and visual and special effects directors;
• creating bonus points for programs featuring Canadian characters and settings, Canadian musical selections, and productions based on Canadian written works; and
• for shared roles, there is a now a relaxed requirement that 80% of individuals filling the role are Canadian.

These changes will expand the definition of Canadian program and provide more pathways for programs to be certified as Canadian. Overall, the new general criteria are as follows:

1. The production must be produced by a Canadian production company.
2. At least 75% of the production's services costs must be paid to Canadians. At least 75% of the post-production costs must be paid for services provided in Canada by Canadians or Canadian companies.
3. Not less than 20% of the copyright in the program must be retained by a Canadian, which includes a Canadian broadcaster or a Canadian producer.
4. A production must meet a threshold of either 60% or 80% of the available points for key creative positions and functions, depending on the level of Canadian copyright ownership in the program.

Of these new criteria, the biggest change is the new sliding scale threshold for key creative positions and functions. It is now the case that productions with less than 50% Canadian copyright must meet stricter creative requirements for live action productions, including an 80% point threshold and requirements that the director and screenwriter and first or second lead performer are Canadian. For productions with more that 50% Canadian copyright the requirements are more relaxed with the point threshold set at 60% and the choice between either the director or screenwriter as a mandatory Canadian position. Animated productions have an adjusted version of this model with different mandatory position requirements.

Elements, such as time credits for certain drama programs, production packages, and twinnings, have been eliminated. Adult programming will no longer be certified as Canadian but remains subject to existing regulatory requirements.

Artificial Intelligence in Canadian Productions

The Commission did not make detailed findings related to the use of AI. It acknowledged, however, the importance of ensuring that key creative positions and functions are filled by humans. While AI can be used to assist in the creation of Canadian programs, humans must exercise creative control in producing programs.

Data Collection and Publication

All broadcasters, both online undertakings and traditional broadcasting undertakings or broadcasting ownership groups, with annual Canadian gross broadcasting revenues above $25 million will now be required to publicly disclose aggregated financial data, including CPE. The Commission intends to publish aggregated information on annual gross broadcasting revenues, CPE and other contributions starting with data collected for the 2025-2026 broadcast year.

Reporting Requirements

The Commission has changed its reporting requirements. Starting in the 2025-2026 broadcast year, the Commission will now collect, as part of the annual production report, information on the presence, in key creative positions, of people who self-identify as members of equity-deserving groups (specifically, racialized people, people with disabilities, individuals who identify as 2SLGBTQI+, and women), members of OLMCs, and Indigenous peoples.

Annual production reports filed with the Commission will only report on broadcasters' data relating to the original first-run Canadian programming that they license or commission, excluding news and sports programming. These reports will be required by online undertakings and broadcasting undertakings that have annual Canadian gross broadcasting revenues of $25 million or more.

The Commission, to alleviate administrative burden, has eliminated the requirement for vertically integrated broadcasters to file annual aggregate financial returns and will discontinue publishing individual discretionary service financial summaries.

Next Steps

The Commission will issue a notice of consultation calling for comments on proposed new regulations defining "Canadian program" and the consequential amendments to the Television Broadcasting Regulations, 1987 and to the Discretionary Services Regulations. Until these regulations come into force, the current certification framework will apply, but applicants may opt to be evaluated under the modernized criteria and in such cases the application will be put on hold until the new regulations come into force.

As noted previously, issues relating to the applicability and scope of CPE requirements, which were also canvassed in the May 2025 hearing, will be addressed in a separate regulatory policy that will focus on funding and support for Canadian programming.

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