The CRTC Releases Three New Policy Decisions Designed To Modernize Canada’s Broadcasting Framework

Overview

The Canadian Radio-television and Telecommunications Commission (the CRTC) issued a series of major policy decisions as part of its plan to implement Canada’s modernized Broadcasting Act (the Act). Broadcasting Regulatory Policies (BRP) 2026‑95, 2026‑96, and 2026‑98 collectively establish new frameworks regarding (i) the discoverability of Canadian and Indigenous content and a funding mechanism to support services of exceptional importance (SEIs), (ii) a revised Canadian Programming Expenditures (CPE) framework, and (iii) closed captioning requirements for online streaming undertakings, respectively.

Discoverability and the Services of Exceptional Importance Fund (BRP 2026‑95)

Discoverability Framework for Canadian and Indigenous Content and Services

The CRTC has announced a framework to improve the visibility of Canadian and Indigenous content across the broadcasting system, including on online platforms. The framework will require all broadcasting undertakings to take concrete steps to achieve the following three outcomes:

• ensure audiences can easily find and consume Canadian and Indigenous content;

• ensure Canadian and Indigenous content and services are prominently presented and promoted; and

• ensure the availability, prominence, and consumption of Canadian and Indigenous content and services are transparently measured.

Implementation of the new framework will follow a staged approach. Having outlined the outcomes and the implementation framework in BRP 2026-95, the second stage is for the CRTC to hold proceedings where it will assess discoverability commitments made by individual broadcasting undertakings and establish tailored conditions of service. That will be followed by ongoing reporting and monitoring, as well as periodic reviews of the effectiveness of discoverability commitments, the first of which will occur after 3 years.

An industry working group focused on metadata and metrics for audio-visual content will also be established to ensure reporting on the availability, discoverability, and consumption of Canadian content is transparently measured. Participation in the working group will be voluntary and open to all interested parties.

Services of Exceptional Importance Fund

The decision also introduces a new funding model for SEIs that currently benefit from mandatory distribution orders under paragraph 9.1(1)(h) of the Act. Under the new model, BDUs will continue to be required to distribute SEIs but will no longer pay them wholesale rates. Instead, the CRTC is creating the Services of Exceptional Importance Fund (SEIF), funded by broadcasting ownership groups (both traditional and online undertakings) that generate at least $100 million in annual Canadian broadcasting revenues.

These broadcasting ownership groups will be required to contribute 1.55% of their Canadian audio-visual revenues to the SEIF.

Revised Canadian Programming Expenditure Framework (BRP 2026‑96)

The CRTC has introduced a revised CPE framework governing how both Canadian broadcasting ownership groups and unaffiliated online undertakings will be required to financially support Canadian and Indigenous programming. The CPE framework will apply to all broadcasting ownership groups with annual Canadian broadcasting revenues of $25 million or more. Smaller entities will be exempt from CPE obligations.

Importantly, while BDU revenues are considered in determining whether the threshold is met, those revenues are excluded from the CPE calculation itself, which includes only revenues earned by the ownership group’s television programming and online undertakings.

BDU contributions to Canadian programming (5% of annual BDU revenues) will not change as a result of the new CPE framework.

Contribution Levels

The framework establishes two distinct CPE requirements:

• a 25% contribution requirement for Canadian broadcasting ownership groups;

• a 15% contribution requirement for unaffiliated online broadcasting ownership groups (inclusive of the 5% base contribution imposed in Broadcasting Regulatory Policy CRTC 2024-121-1).

Structured Allocation Requirements

Large ownership groups with annual Canadian broadcasting revenues of $100 million or more will be subject to more structured and targeted CPE requirements.

Large Canadian broadcasting ownership groups must allocate specific portions of their CPE to support: the SEIF; enhanced partnerships; news programming; original first-run French-language programming (for French-language undertakings only); and OLMC programming.

Large unaffiliated online broadcasting ownership groups must allocate specific portions of their CPE to support: the 5% base contribution; the SEIF; French-language programming, half of which must be original first-run sourced from enhanced partnerships; and OLMC programming.

Medium Canadian broadcasting ownership groups (i.e., those earning annual revenues of between $25 and $100 million) will have full flexibility in how they allocate their CPE. Medium unaffiliated online broadcasting ownership groups will be required to make the 5% base contribution to the established funds but can allocate the remaining CPE at their discretion.

Closed Captioning Requirements for Online Streaming (BRP 2026‑98)

BRP 2026‑98 establishes closed captioning requirements for online streaming undertakings to enable those who are Deaf, DeafBlind, or hard of hearing (DDBHH) to access audio-visual content delivered online. The requirements apply to all online streaming undertakings required to register under the Online Undertakings Registration Regulations with respect to their English- and French-language programming.

Captioning Requirements

Online undertakings will be required to make closed captioning available:

• on all new original content (live and pre-recorded) within one year of the decision, by May 25, 2027;

• on all English- and French-language programs that were previously broadcast on linear television with closed captions, by May 25, 2027; and

• on 80% of their program catalogues within 4 years, and 100% within 5 years.

Quality and User Experience

The CRTC imposes strict quality standards for new pre-recorded original programming, including 100% accuracy requirements for dialogue, speaker identification, and non-speech elements.

While no fixed standard is currently imposed for live or third-party programming, the Commission will monitor quality through reporting and complaints.

Reporting and Implementation

Undertakings will be required to file implementation reports by June 25, 2027, followed by annual reporting. The CRTC issued proposed conditions of service in Appendix 2 to BRP 2026-98. Comments on these proposed conditions are due by June 25, 2026.

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