Home Page Regulatory Telecom Broadcast Court People Archives About Us GET FREE NEWS UPDATES
Advertising Subscribe Reuse & Permissions
The Hill Times Parliament Now The Lobby Monitor HTCareers
Subscribe Login Free Trial
Canadian, Indigenous creators urge CRTC to regulate streaming without undermining radio CanCon mandates
(Graphic: Naomi Wildeboer/Hill Times Publishing)

Canadian, Indigenous creators urge CRTC to regulate streaming without undermining radio CanCon mandates

Organizations representing Canadian songwriters, performers, and Indigenous artists addressed the CRTC during its hearing on updating the Canadian content (CanCon) rules for radio and streaming services last week. The groups are calling for regulatory requirements to be strengthened for online streaming platforms and not to be weakened for radio broadcasters. They also provided input on how the regulator should formally define CanCon and what should be done to promote Canadian music both at home and abroad.

In a proceeding that has seen traditional broadcasters advocating for regulatory relief and major streamers pushing back against prescriptive rules, Canadian creators and artists emphasized their central role in the music industry, noting their livelihoods depend on maintaining strong cultural safeguards. Stakeholders representing songwriters argued that digital platforms are not meeting their newly legislated obligations to support the creation and presentation of CanCon, and emphasized that lowering traditional radio quotas would negatively impact their ability to earn a living. 

Organizations representing creators — including the Songwriters Association of Canada (SAC), ACCORD, Society of Composers, Authors and Music Publishers of Canada (SOCAN), Société professionnelle des auteurs compositeurs du Québec et des artistes entrepreneurs (SPACQ-AE), and Screen Composers Guild of Canada (SCGC) — stood opposed to requests by commercial radio groups to lower current CanCon quotas, arguing the existing structure is the foundation of the Canadian music industry. 

“If our songs aren’t played, we don’t get paid. It’s that simple,” SAC president Arun Chaturvedi told a CRTC panel during the hearing. 

Under the current regime, Canadian radio broadcasters financially support the creation of new Canadian songs through contributions to music funds and other initiatives, such as the Foundation Assisting Canadian Talent on Recordings (FACTOR), Musicaction, and Starmaker. The groups argue that this, combined with royalty payments, has been responsible for creating the conditions necessary for Canadian music to succeed. Canada is the third-largest exporter of music in the world, according to Luminate Data, behind the U.S. and UK.

Lowering quotas would be “devastating to the songwriter industry,” Chaturvedi said, explaining that “content quotas and visibility obligations on radio and streaming services are not just cultural tools, they’re economic tools that allow us to provide for our families, pay our taxes and contribute to the economic and cultural fabric of Canada.”

“Our income would be completely eviscerated if there was any lessening of those quota requirements.”

ACCORD, represented by SOCAN legal counsel Fraser Turnbull, maintained that the Canadian radio broadcasting system “works and continues to achieve the two pillars of the Broadcasting Act,” which are to contribute to the creation and presentation of Canadian programming.

The groups supported their argument with financial data, which they said highlights the Canadian music industry’s reliance on traditional media. According to the SAC, about 80 per cent of domestic distribution for its members still comes from radio and other traditional sources.

Defining Canadian content

Currently, music must match two of four MAPL points to be deemed CanCon: Music (composed by a Canadian); Artist (must be Canadian); Performance (recorded in Canada); and Lyrics (written by a Canadian). At the outset of this proceeding, the CRTC proposed dropping the “P” portion of the system.

The creative sector threw its support behind the CRTC’s proposal, stating that it highlights the importance of composition and songwriting. 

The SAC said the approach “centres the song and the songwriter — the core creators of value in the music ecosystem and the voices uniquely positioned to tell Canadian stories.” 

The Francophone association, SPACQ-AE, also supported the MAL definition minus the P, adding that “a definition, however solid, must reflect a simple truth: without authors, without composers, there is no Canadian music.” The group called for half of the creation points to come from the contribution of writers and composers.

“Some parties have suggested that the definition of Canadian content should align with public perception of what makes music Canadian,” said the SAC. “However, public perception should not override the need to ensure that actual Canadian music creators — particularly songwriters who frequently work behind the scenes but whose contributions are foundational — are supported.”

Turnbull echoed the sentiment, stating that ACCORD “opposes any definition that would allow a song to qualify as a Canadian musical selection solely by having a Canadian performing artist.”

Canadian Association of Broadcasters (CAB) president Kevin Desjardins rejected the sentiment that his organization is “trying to over-value the artist” by proposing more weight be given to the A (artist) criterion.

“Really, what we’re trying to get is that balance between the artists and the songwriters, and to be less exclusionary,” he said. 

Desjardins proposed an alternative two-point system of CA (composer and artist), with the composer side being either “music and/or lyrics.”

CA would be simpler to manage, he stated, particularly because it would require less metadata to recognize if a song streamed online counts as Canadian. 

“We think that, in the majority of cases, music and lyrics are handled by the same person, which is why our perspective was always that MAPL overvalued or prioritized the songwriters over the artists,” continued Desjardins. Maintaining previous remarks from the CAB, he noted that “the artists are the brand” and should be allowed to have “equal footing with the songwriter.” 

The approach would also give CanCon status to songs written by Canadians but performed by non-Canadians; when asked if this would negatively affect the system, Desjardins said no. 

“To be frank, what we want is not to create an advantage of one segment over the other, it’s really about creating the biggest and best pool of CanCon so that the programmers have the largest selection of what they’re able to [broadcast].”

SCGC president John Rowley raised concerns over how the definition could affect intellectual property (IP) and instrumental music. He warned that giving more weight to the artist risks incentivizing the creation of works where the IP of the composition is not owned by Canadians. 

Rowley also proposed that instrumental compositions should qualify as Canadian only if they are “solely written or composed by a Canadian,” noting that less restrictive definitions could allow works generated by artificial intelligence (AI) to qualify as Canadian musical selections if a Canadian performer is only featured.

Demands for discoverability measures on streaming platforms

Canadian creative organizations asserted that online services are not meeting their responsibilities when it comes to discoverability, arguing that passively hosting Canadian music in their catalogues is insufficient.

ACCORD cited data showing that the amount of Canadian music streamed domestically is “very low,” at around 10 per cent. ACCORD alleged that this low stream share proves streaming platforms are “clearly [not]” satisfying the Broadcasting Act requirements to “strongly support the creation, production, and presentation” of CanCon. 

“Streaming platforms are now the dominant way Canadians consume music,” said SAC’s Chaturvedi. “Unlike radio, they can be user-driven — but let’s be clear: they also shape listening through recommendations, playlists, and algorithmic curation. These are not simply passive platforms — they’re tastemakers. And as such, they have a vital role to play, like radio has for decades, in promoting Canadian music.”

Proposals for discoverability initiatives included inserting CanCon into curated playlists and creating dedicated promotional spaces on platforms. Apple Inc. expressed support for the latter suggestion during its own appearance at the hearing.

“We welcome broad direction on discoverability,” said Apple’s head of Canadian government affairs James Maunder. “We think that that direction needs to be principles-based, so that streamers can have broad direction in order to tailor their plans.”

“To ensure accountability, the commission could request annual reports in a similar manner as it already requests today in relation to the Accessibility Plan, so that each service may demonstrate all of the great initiatives that they have been doing in support of the local music industry,” added principal counsel Roberta Westin.

The Canadian Independent Music Association (CIMA) took the position that regulatory efforts related to discoverability should focus on direct investment rather than mandated promotional measures. 

“We do not believe siloed Canadian content playlists mandated by government regulation provide the best possible opportunity for Canadian music businesses and artists to succeed in the English-language streaming and social media market,” said CIMA CEO Andrew Cash.

“We would welcome requirements for online broadcasters to double down on the data and information they provide to music businesses and artists … However, we believe that the best, most effective way to discover Canadian talent is to build excellent, competitive Canadian-owned companies that invest in, nurture, market, and promote excellent Canadian talent that can go toe-to-toe with any other artist on the planet.”

Indigenous content quotas

Indigenous stakeholders advocated for immediate, binding quotas for Indigenous music on commercial radio, backed by new infrastructure such as a database to ensure the availability and authenticity of content.

Repeating previous statements from Indigenous voices in the proceeding, the Indigenous Music Office (IMO) and the Canadian Association of Aboriginal Broadcasters (CAAB) — made up of representatives from the the Aboriginal Multi Media Society of Alberta and Native Communications Incorporated (NCI-FM) — called for an immediate five per cent quota of Indigenous music on commercial radio. The quota would reflect the approximately 4.5 per cent of the population in Canada made up of Indigenous peoples. 

NCI-FM CEO David McLeod noted that the supply of music is not an issue, with his service’s  Indigenous Music Countdown receiving “upwards of 30 songs a week.” 

CAAB stakeholders urged the IMO to lead the development of an Indigenous content database to certify Indigenous artists and provide up-to-date, ready-for-radio music releases to mainstream broadcasters.

The IMO said it is in the process of developing that database and is putting together an Indigenous MAPL definition that will help recognize Indigenous music.

phalentm@thewirereport.ca