CRTC inundated with submissions on changes to broadcasting regulations

The CRTC’s proposed amendments to a series of broadcasting regulations are not consistent with the Broadcasting Act and the policy direction of the commission, according to the Motion Picture Association–Canada (MPA-Canada). The regulator sought comments on regulations prescribing changes to the Television Broadcasting Regulations, the Broadcasting Distribution Regulations, and the Discretionary Services Regulations, which prompted a flood of interventions presented to the CRTC — all of which are now on the agency’s website. MPA-Canada maintains the singular contribution standard imposed on Canadian and foreign undertakings is in contravention to the Broadcasting Act’s requirement that the groups be subject to different contribution standards. It adds that the proposals put determinative factors on programming which would disqualify the shows if any conditions are not met. The regulations are inconsistent with the Canadian AV content decision, the lobby group continues. Principles which were declared non-binding in the decision are now going to be binding, MPA-Canada alleges. “The criteria for the bonus point for Canadian characters and settings in Appendix 1 should not have to be met for each and every episode of a series,” Michele Austin, the organization’s president, writes. “This is a new criterion that is not included in the Canadian AV Content Decision. Instead, this bonus should be applied consistent with the ‘series averaging rule’ the commission otherwise applies to certification of series.” Members of MPA-Canada filed brief notes affirming their support for the group document, including Amazon Prime Video, Buena Vista International Inc. (a division of The Walt Disney Company), Paramount, and Universal Pictures Subscription Television Ltd., operator of the Hayu streaming service. Hayu added that the suggested amendments impose a higher requirement for undertakings that maximize foreign copyright ownership. It also warns the rules impose determinative factors, while the legislative record suggests no single factor should be dominant. Netflix Service Canada ULC backed MPA-Canada’s document and expanded on its points in its own intervention. “More flexibility is needed if the Canadian broadcasting system is to realize the opportunities afforded by international production models to advance the careers of talented individuals while increasing Canada’s capacity for world-class local production and positively enhancing Canadian national identity,” Lindsay Doyle, director of Global Affairs for Canada, wrote. Netflix pointed out that showrunners, while finally given recognition as key creatives in the production of shows, cannot receive extra points for serving as scriptwriters at the same time. Dylan Pierce, chair of the Alberta Media Production Industries Association (AMPIA), supports changing that, with limits. “For greater clarity, AMPIA is requesting a change in language to allow for double points for writers or directors acting as showrunners, while limiting the potential for triple points from a single writer/director acting as a showrunner,” he states. Copyright ownership rules make Canada a global outlier, Netflix says. The United Kingdom, Korea and most European Union countries permit intellectual property ownership to reside with the party taking the most financial risk. That is not so under the proposed regulations, it concludes. The Canadian Media Producers Association (CMPA) also took on the subject of copyright. “Specifically the CMPA considers that a bare stake in copyright ownership, with no other rights or interests from that ownership, cannot meaningfully allow Canadians to ‘control and benefit in a significant and equitable manner from the exploitation of the program’,” it writes. “As such, the commission’s revised definition does not provide the appropriate safeguards now required by this new provision added to the Act.” The Documentary Organization of Canada (DOC) offered limited backing to the CRTC. “DOC’s support for the proposed framework is qualified,” executive director Julian Carrington wrote. “DOC emphasizes that the effectiveness of the framework will depend on its interpretation and application in ensuring meaningful Canadian participation, including meaningful ownership, creative control, and the ability to derive long-term benefit from Canadian programs.” Blue Ant Media Corp. suggested modifying the rules around showrunners, as this role is rarely credited as such. A showrunner may be styled an executive producer and thus not qualify for points in the current regime. The company also advocated for allowing showrunners to accrue extra points for writing or directing episodes of programming. Groups differ on implementation timeline The suggested new rules were laid out in a CRTC broadcasting regulatory policy, BRP 2025-299, last year. The Directors Guild of Canada (DGC) urged a go-slow approach on the regulations. “However, in the DGC’s view, implementing BRP 2025-299 into regulation at this time is premature as there remain significant unresolved issues with the policy set out in BRP 2025-299,” Allistair Hepburn, national executive director stated. The group suggested delaying the new rules until September 2027. The Writers Guild of Canada (WGC) took the opposite view, wanting the provisions to apply by Sept. 1 of this year. Meanwhile, Apple Canada Inc. wants to expand the types of programming that qualify under the new rules. “Apple requests that the CRTC revise the proposed regulations in order to qualify sports events that take place outside of Canada as Canadian on a basis that is no less restrictive than under the current rules,” it asserted. Indigenous producers are only now coming into their own, after years of barriers, the Indigenous Screen Office says in its intervention. It worries about the future. “BRP 2025-299, therefore, marks a shift that risks transferring essential control of Indigenous stories and authentic Indigenous storytelling from Indigenous content creators to non-Indigenous industry-dominant broadcasting and streaming platforms, thereby significantly affecting Indigenous narrative sovereignty in the screen-based sector,” CEO Kerry Swanson writes. She also suggests delaying implementation of the rules, giving September 2028 as a timeline. The Canadian Association of Community Television Users and Stations (CACTUS) urged streamers to contribute to the production of Canadian content. “Merely incenting streamers to hire Canadians to shoot here is not the solution,” it says pointedly. “We have a domestic production industry with trained personnel. While it’s great that they have steady employment, what use is that industry if we still can’t tell Canadian stories without outside control and influence?” The Ontario Library Association (OLA) is concerned that immigrants and newcomers may be skipped over when it comes to assessing what is a Canadian program. Indigenous communities along the border may also face hardships, the OLA maintains. John Gaudaur Savage, community media representative for the group, laid out five recommendations in his submission: defer the requirement that nonprofit community media use the rules as of this September; creation of a community media exemption; creation of an Indigenous exemption; reduction of administrative burdens on community broadcasters; and the establishment of a community media office within the CRTC. Deaf Wireless Canada Committee (DWCC) chair Jeff Beatty lamented the lack of a definition of accessibility. “This omission creates a structural gap in which accessibility is treated as optional, rather than as an essential component of Canadian programming in modern broadcasting environment,” he states. “This approach is inconsistent with the objective of ensuring equitable access to broadcasting services for all Canadians.” Shaw Rocket Fund submitted a short filing, labelling the commission’s work good and not offering comments on specific proposals. ppark@thewirereport.ca

CRTC inundated with submissions on changes to broadcasting regulations

Regulatory |
By Paul Park
|April 13, 2026

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CRTC inundated with submissions on changes to broadcasting regulations

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