Producers challenge 20 per cent copyright threshold in new CanCon policy

The Canadian Media Producers Association (CMPA) is seeking to overturn part of the CRTC’s recent decision redefining Canadian content, arguing it fails to protect the interests of domestic creators. The association filed a motion for leave to appeal with the Federal Court of Appeal on Wednesday, Dec. 17. It alleges that the CRTC — in deciding that Canadians must hold at least 20 per cent of a production’s copyright — failed to explain how this threshold meets the updated Broadcasting Act’s requirement that it consider whether Canadians are able to “control and benefit” from their programs “in a significant and equitable manner.” Under the CRTC’s new policy, introduced last month, the points system used to recognize CanCon will be expanded. Additionally, instead of requiring all productions to hit a specific number of these points, the CRTC will be taking a sliding-scale approach based on copyright ownership. The amount of points a production must meet to count as CanCon will depend on how much of a production’s copyright is owned by Canadians, starting at a base minimum of 20 per cent. The CMPA also alleges that the commission ignored a 2023 policy direction instructing the regulator to support Canadian ownership of intellectual property (IP) when determining what qualifies as Canadian programming. For its part, the CRTC stated in its November decision that the modernized certification framework was designed to provide greater flexibility for producers and broadcasters in a changing industry. The regulator noted its view that the framework would strongly support Canadian creative voices while allowing the industry to continue making and distributing content to global audiences. While the regulator acknowledged the requirement to consider Canadian intellectual property ownership, it argued that its flexible copyright model would encourage a variety of business models while maintaining important safeguards. In an interview with The Wire Report, CMPA CEO Reynolds Mastin asserted that is not enough to protect Canadian producers. “The decision focuses solely on copyright with no safeguards attached to copyright retention,” said Mastin, “and in our view, that does not meet the requirements of the .” “Our primary objective is to ensure that a modernized regulatory system has rules and safeguards in place that enable producers to significantly and equitably benefit from the exploitation of the IP in their shows,” he stated. This court action comes as major international streamers also try to challenge the CRTC’s new CanCon policy, with members of the Motion Picture Association - Canada (MPA-Canada) taking aim at the regulator’s stance on disclosing broadcasters’ financial information. None of the allegations has been tested in court. phalentm@thewirereport.ca

Producers challenge 20 per cent copyright threshold in new CanCon policy

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By Phalen Tynes-MacDonald
|December 19, 2025

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Producers challenge 20 per cent copyright threshold in new CanCon policy

Broadcast | By Phalen Tynes-MacDonald |December 19, 2025

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By Phalen Tynes-MacDonald
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