CRTC Opens Consultation on Defining “Canadian Content”

The CRTC has opened its consultation on what is considered Canadian content. This is part of the Online Streaming Act.

What makes content “Canadian”? That’s what the CRTC wants to know in their recently opened consultation. This was the inevitable outcome after Bill C-11 received royal assent and became the Online Streaming Act.

One of the big elements of the Online Streaming Act is surfacing Canadian content, or “Cancon”. Obviously, Canadian creators never really had any issues with that as many Canadian creators have been enjoying successful careers. For the government, however, the platforms aren’t surfacing the “correct” Cancon for users. Instead, the Canadian government wants the platforms to surface what is basically government certified “Cancon” instead. So, contrary to what some would have you believe, being Canadian isn’t even close to qualifying you as being considered “Cancon”.

In fact, this is something I explored back in 2022 where I put my content through the test. Utilizing what is known as Cavco rules, I tried running my content through the points system to determine whether or not my content was considered “Cancon”. Keeping in mind, I’m the only person creating the video’s in the first place. As it turns out, I didn’t even come close to qualifying. I generally fell multiple points short even though I was trying to twist and warp the definitions in my favour as best as possible.

To add insult to injury, what does count as “Cancon” doesn’t even pass the laugh test. In 2020, Michael Geist posted the Cancon quiz to try and showcase what does somehow manage to qualify. A very famous example of what qualifies is a documentary called “Gotta Love Trump”. It was an American production produced by Americans telling an American story, yet through manipulating the rules (since that’s what all the rules were really designed for), it is actually classified as “Cancon”. Supporters of the Online Streaming Act have long argued that this is about ensuring Canadian culture doesn’t get drowned out and promoting the telling of Canadian stories, but how telling a story about convicted felon, Donald Trump, is “telling Canadian stories” is anyone’s guess.

What you are left with is a joke of a system. It’s a system that pushes out actual Canadian stories and favours productions built to manipulate the system rather than be there to produce something that is actually entertaining.

The thing is, these rules were set out in the era of vacuum tubes. As such, any audio visual content being produced is very likely going to require a whole team of people to create. We’re talking about editors who use scissors to film, a crew to record the events, stage crew, writers, and so on. It couldn’t possibly imagine a world where one person could create, shoot, edit, and release content to a wide audience. That just wasn’t even thought of back in the very old days. It’s very obvious that the system needs updating.

The problem is that lobbyists that largely control the debate are not thinking about updating the system to benefit Canadian story tellers. They are pushing to further restrict who can qualify as “Cancon” so that the system can better serve their own personal interests. For them, keeping out the riff raff of Canadian digital first creators is a big goal so that the CRTC can forcibly promote their work instead. Given that the CRTC is the poster child of regulatory capture in Canada, it’s likely that things will head in that direction.

Still, that doesn’t mean you shouldn’t, if able, participate consultation process. If you were wondering when you could participate on defining what is and is not considered “Cancon”, your opportunity to do so is starting now. According to the CRTC, you can participate in these consultations whether written or applying to physically appear:

Today, the CRTC is taking another step forward to implement the modernized Broadcasting Act by launching two public consultations.

The Act requires the CRTC to modernize Canada’s broadcasting framework and ensure that online streaming services make meaningful contributions to Canadian and Indigenous content.

The first consultation will update the definition of Canadian content for TV and online streaming services. The definition is used to help ensure that Canadian stories are made, shared, and discoverable.

The second consultation will update the rules that radio stations follow, so that they can have more flexibility. This will help them provide their communities with the content they need.

The CRTC is welcoming comments until January 20, 2025. You can participate by:

• filling out the online form for the consultation on Canadian television content;
• filling out the online form for the consultation on modernization of radio processes;
• writing to the Secretary General, CRTC, Ottawa, Ontario K1A 0N2; or
• sending a fax to 819-994-0218.

As an independent quasi-judicial tribunal, the CRTC will continue to balance consulting widely with moving quickly to build the new regulatory framework. The CRTC has updated its plan to implement the modernized Act and expects to issue its key decisions over the next year.

In looking at the bullet points, it is written as if it’s just for content that appears on the television or the radio, but when you click through the links for television, you’ll see a much more broad definition:

The Path Forward – Defining “Canadian program” and supporting the creation and distribution of Canadian programming in the audio-visual sector

So, it’s a little misleading, but symbolic of how the CRTC views content through the lens of traditional mediums like television and radio.

Either way, the deadline for submissions is January 25 of next year, so it’s a little more generous than the one week notice of previous consultations. While I don’t necessarily hold out much hope that anything sensible will come from this, the opportunity to speak out is, at least, present here.

Drew Wilson on Mastodon, Twitter and Facebook.