Nathalie Theberge, CRTC vice-chairperson of broadcasting, chairs a public hearing of the CRTC in Gatineau, Que., on Sept. 18.Justin Tang/The Canadian Press
Canada’s broadcasting regulator is expanding the definition of what constitutes Canadian content, as part of an update designed to support the creative industry as it contends with competition from global streamers.
The Canadian Radio-television and Telecommunications Commission‘s decision is intended to align content regulation with the current production and distribution environment, as part of its ongoing modernization of the Broadcasting Act.
Canadian broadcasters are required to designate a proportion of their overall airtime to “Canadian content.” In order to qualify as Canadian content, a production must meet a number of requirements, including that it be produced by a Canadian company and at least 75 per cent of its services costs be paid to Canadians.
The CRTC also requires that a designated percentage of key creative positions be filled and performed by Canadians, or that it meets other conditions such as being filmed or recorded in Canada.
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Tuesday’s decision recognizes a broader number of creative roles that can contribute “points” if held by a Canadian, such as creative show-runner and certain heads of departments, and introduces bonus points if the content is based on a Canadian book. The Commission also recognized that key creative positions used in any Canadian production “need to be staffed by humans and not by AI.”
The decision also establishes that a Canadian producer or broadcaster must retain at least 20 per cent of the copyright ownership of a program.
“In the Commission’s view, this determination complements other Canadian content policies and ensures that Canadian creators retain fair and equitable control over and benefit from the exploitation of their productions without unduly deterring international investments,” the CRTC said in its decision.
This is the first of two decisions resulting from that consultation. The second, which the CRTC says will be published in the near future, will address spending on Canadian programs, including news, and also financial contributions for the independent production sector.