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The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its definition of “Canadian content” to expand its list of broadcasting production roles that qualify a television show or movie as Canadian, while saying that artificial intelligence in these roles doesn’t qualify.
The federal broadcast regulator’s new definition, which determines whether a broadcasting production qualifies as Canadian, maintains its previous points system approach. The points system awards points for productions based on “key creative functions” that are performed by Canadians.
For example, the point system awards productions two points each for Canadian directors and screenwriters, and one point each for Canadian first and second lead performers, production designers, photography directors, music composers, and picture editors.
The new definition expands the list of positions to include jobs like showrunner, special effects director, head of costuming, and make-up and hair artists. Bonus points for specific types of content like programs based on Canadian books are also included in the updated definition.
The CRTC has also specified that those key roles must be held by humans, not artificial intelligence.
The new definition applies to both traditional broadcasters and online streaming services. It also requires that when foreign streaming services collaborate with Canadian companies, at least 20 percent of ownership belongs to a Canadian partner and a higher proportion of “key creative positions” are held by Canadians.
“By recognizing the contributions of a wider range of creators, we are supporting Canadians who help bring our stories to the screen,” CRTC CEO Vicky Eatrides said in a Nov. 18 statement. She said the decision aims to promote Canadian talent and encourage new partnerships.
The CRTC held public consultations to review the definition, during which it received 480 submissions, and held a three-week public hearing where it heard from 78 groups including creators, broadcasters, online streaming services, and individuals, the regulator said in a Nov. 18 news release.
The definition also previously required that a Canadian television program or series meet other criteria such as having a Canadian producer, earning a minimum of 6 out of 10 points based on its points system, having at least one of the director or screenwriter positions and at least one of the two lead performers be Canadian, and having a minimum of 75 percent of program expenses and post-production expenses made up of services provided by Canadians or Canadian companies.
The Online Streaming Act, previously known as Bill C-11, was adopted in 2023 and provided the CRTC with more regulatory power over the internet. It also imposed Canadian content rules on media companies operating on the web, requiring media companies to have a certain amount of Canadian content to be allowed to broadcast in Canada.
The CRTC’s decision to update the “Canadian content” definition is part of the regulator’s ongoing efforts to implement the Online Streaming Act.
The decision is the first of two decisions that came from consultations, with the second one relating to spending on Canadian programs, including news, which will be published “in the near future,” the CRTC said.
Opposition
Meanwhile, Canada’s broadcasting rules requiring Canadian content are an irritant in trade negotiations with the United States, U.S. National Economic Council Director Kevin Hassett told CNN on Oct. 31.
The Online Streaming Act was also mentioned as a trade barrier in Canada in the latest report from the U.S. Trade Representative, but it hasn’t been raised prominently in public as an issue by the Trump administration.
A group of 18 Republican lawmakers also wrote to top trade officials in the White House in late July calling The Online Streaming Act’s measures “discriminatory” to U.S. companies, according to a letter obtained by CBC News.
Conservative Leader Pierre Poilievre has previously called The Online Streaming Act a “censorship” bill, saying the legislation allows the government to “shut down everyone they consider to be on the wrong side.”
Critics have also said the bill gives the CRTC the authority to monitor all online audiovisual content, including that of smaller content creators. The CRTC would thus have the ability to increase the visibility of some officially recognized Canadian content creators while decreasing the reach of other creators.
The Liberal government has said the The Online Streaming Act is needed to modernize Canada’s broadcasting regulations and to “ensure that Canadian stories and music can be enjoyed by audiences in Canada and across the globe.”