Directions to CRTC on Streaming Framework

Summary#

This is a proposed federal order called Order Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework). It would give high-level, binding guidance to the Canadian Radio-television and Telecommunications Commission as it builds rules to bring online streaming into Canada’s broadcasting system. The notice was published on June 10, 2023 and the government asked for public comments for 45 days.

What it does#

• Directs the Canadian Radio-television and Telecommunications Commission to design a new, flexible regulatory framework for broadcasting that explicitly covers online streaming services alongside traditional broadcasters.
• Requires the Commission to prioritize:
  • supporting the meaningful participation, ownership and storytelling of First Nations, Inuit and Métis peoples;
  • measures to increase access and representation for Black and other racialized communities, official language minority communities, persons with disabilities, and other equity-seeking groups;
  • stronger support for community broadcasters and services “of exceptional importance” to local or cultural needs.
• Says the Commission should create rules for financial and non-financial contributions from online undertakings so they help fund Canadian programming and creators. The rules must be equitable by size and business model.
• Directs the Commission to work on discoverability rules (ways users can find Canadian content) while trying to avoid forcing platforms to change their recommendation algorithms and while respecting user choice.
• Orders the Commission to review and possibly redefine what counts as a “Canadian program,” taking into account Canadian creative roles and independent producers.
• Explicitly excludes from regulation:
  • content created and uploaded by ordinary social media users (so-called social media creators and most user-generated content);
  • video games;
  • some podcasts that are primarily distributed via user-upload platforms.
• Gives the Commission two years to make the necessary changes after the order comes into force.
• The Department of Canadian Heritage estimated the extra costs to the Commission at under $1 million a year. The text also notes Canadian consumer demand was over $5 billion in 2021 and that the review drew over 2,000 written submissions.

Who's affected#

• Online streaming platforms and services (both foreign and Canadian) that act like broadcasters. They would be the main target of new contribution and discoverability rules.
• Traditional TV and radio broadcasters, including community and Indigenous broadcasters, which could gain more level playing-field protections and new funding or promotion measures.
• Creators and producers in Canada — especially Indigenous creators, Black and other racialized creators, creators from official language minority communities, and people with disabilities — who could get more support and better discoverability.
• Social media creators and most user-uploaded content are specifically excluded from regulation under the proposed directions.
• The Canadian Radio-television and Telecommunications Commission itself, which would be legally bound to follow these directions when making rules.
• Smaller businesses, local producers and community groups could be affected depending on how the Commission turns the directions into detailed regulations. The exact impacts are still uncertain until the Commission makes its rules.

Why it matters#

• If implemented, large online services could be required to put money and promotion into Canadian music, film and TV. That could mean more funding and more visibility for Canadian stories and jobs for local creators.
• The order is meant to bring fairness between traditional broadcasters and powerful online platforms that reach Canadian audiences but have not had the same obligations.
• The directions aim to improve representation (Indigenous, racialized, official-language minorities, disabled persons) and local news and community programming — areas many say are under pressure.
• The short-term practical effects depend on how the CRTC writes detailed rules. The order sets goals; the specific costs, obligations and technical changes will come later and could affect what people see on streaming services and how platforms surface Canadian content.