Summary#

The Online Streaming Act (Bill C-11) updates the Broadcasting Act to include online streaming services as part of Canada’s broadcasting system. It gives the CRTC new tools to set conditions, require contributions to Canadian content, and ensure people can find Canadian programs, while stating that individual users’ uploads on social media are generally outside the Act. Most provisions are in force; some take effect through later CRTC orders and regulations and, for certain clauses, by order in council (Coming into Force).

• Brings “online undertakings” (streaming over the Internet) into the Act as a class of broadcasting undertakings (s.2(1), “online undertaking”).
• Lets the CRTC impose conditions by order (not just through licences) and require platforms to support Canadian programming through spending (“expenditures”) (s.9.1, s.11.1).
• States the Act does not apply to user-uploaded programs on social media, except if prescribed by regulation under clear factors (s.4.1, s.4.2).
• Directs the system to support French-language and Indigenous programming, official language minority communities, accessibility, and diverse creators (s.3(1), s.5(2)).
• Adds discoverability obligations for online services, without allowing the CRTC to require a specific algorithm or source code (s.9.1(1)(e), s.9.1(8)).
• Creates administrative monetary penalties (up to $10 million for a first corporate violation) and sets offence fines for non-compliance (Part II.2; s.32–34.3).

What it means for you#

• Households

  • You will likely see more Canadian programming highlighted or recommended on streaming services after the CRTC issues orders on “showcasing” and discoverability (timelines set by CRTC proceedings) (s.9.1(1)(e), s.18(2)(b), s.9.1(4)-(5)).
  • Accessibility features (like closed captioning and described video) are reinforced as system goals; CRTC can set related conditions (in effect as orders are made) (s.3(1)(p), (p.1); s.9.1(1)(k)).

• Creators and producers (including Indigenous, French-language, OLMC, and racialized creators)

  • More funding opportunities may flow from required “expenditures” by platforms to develop, produce, or promote Canadian programs; amounts and rules will be set by CRTC regulations and orders (phased in) (s.11.1(1), (2), (6)).
  • The Act prioritizes French-language originals and Indigenous-language content; CRTC must set a minimum share for original French programs where services offer both languages (in effect as regulations/orders are made) (s.3(1)(iii.2), (q), (r); s.11.1(3)).
  • Community media and diverse voices are recognized in policy, which the CRTC must consider in its decisions (now in force) (s.3(1)(iii)-(iii.7), (s)).

• Online streaming platforms and social media services

  • If you operate in Canada, you come under the Act as an “online undertaking” (now in force) (s.2(1), s.31.1(2)).
  • You may have to register with the CRTC and comply with conditions by order, including discoverability, data reporting, accessibility, and carriage terms (as CRTC makes regulations and orders) (s.10(1)(i); s.9.1(1)(e), (k), (n)-(o), (i)).
  • You can be required to make spending contributions to support Canadian programming and creators; criteria can reference revenues and performance (as set by CRTC) (s.11.1(1), (6)).
  • CRTC cannot require a specific algorithm or source code, but can set outcomes for “showcasing” and discoverability (now in force; orders to follow) (s.9.1(1)(e), s.9.1(8)).
  • User uploads on social media are generally excluded; some revenue-generating or broadcast-type programs may be prescribed by regulation under listed factors (effective upon any CRTC regulation under s.4.2) (s.4.1, s.4.2).

• Traditional broadcasters and distributors (TV, cable, satellite)

  • Existing licence-based duties continue; some prior licence conditions and exemption orders are deemed to be orders or regulations under the new framework (now in force) (Transitional, “deemed order/regulations”).
  • The CRTC can continue to set carriage and packaging terms, including priorities and mandatory services (as orders are made) (s.9.1(1)(g)-(j)).

• Persons with disabilities

  • Accessibility without barriers is a stated objective; the CRTC can impose related conditions and enforce them with penalties (now in force; orders to follow) (s.3(1)(p), (p.1); s.9.1(1)(k); s.34.4(1)(h)).

• Timing and oversight

  • Most provisions took effect on Royal Assent (April 27, 2023). Some clauses commence by order in council; most substantive obligations begin after CRTC consultations and orders (Coming into Force; s.9.1(4)-(5), s.11.1(7)).
  • The CRTC must consult every 7 years on its orders/regulations under s.9.1 and s.11.1 and publish a review plan (now in force) (s.34.31).
  • Parliament must conduct a comprehensive review in the fifth year and every five years after a report (now in force) (Review).

Expenses#

Estimated net cost: Data unavailable.

• No direct appropriation is contained in the Act. Data unavailable on incremental CRTC administrative costs.
• CRTC cost-recovery fees: The CRTC may set fee schedules for broadcasting undertakings; fees are limited to recovering the CRTC’s costs under the Act (amounts set by regulation) (s.11(1)(a)-(d), s.11(3.1)).
• Mandatory industry expenditures: The CRTC may require undertakings to spend to support Canadian content and creators; these are not government revenues (amounts set by CRTC orders/regulations) (s.11.1(1)-(2), (6)).
• Administrative monetary penalties: Potential federal revenues are uncertain; maximums are set in statute (s.34.5).

Proponents' View#

• Ensures foreign and domestic online services contribute “equitably” to Canadian content and talent, aligning with how licensed broadcasters already contribute (s.3(1)(a.1), (f.1); s.11.1).
• Supports French-language, Indigenous, and OLMC programming, including minimum shares for original French-language content and discoverability of Canadian programs (s.3(1)(iii.2), (iii.3), (q), (r); s.11.1(3); s.9.1(1)(b)-(e)).
• Protects users’ freedom of expression: user-uploaded social media content is excluded unless prescribed under clear, enumerated factors; CRTC must act consistently with freedom of expression (s.4.1, s.4.2(2)-(3); “For greater certainty” after s.10).
• Avoids heavy-handed tech mandates: the CRTC cannot require a specific algorithm or source code, focusing instead on outcomes like “showcasing” (s.9.1(1)(e), s.9.1(8)).
• Builds in proportional regulation and privacy safeguards: the CRTC must consider service size and impact, avoid obligations with no material policy benefit, and protect audience privacy (s.5(2)(a.1), (h), (g.1)).

Opponents' View#

• User-generated content risk: Although user uploads are excluded, s.4.2 allows regulations to prescribe certain revenue-generating or broadcast-type social media programs, which critics say could capture some creators and podcasts (s.4.1, s.4.2(2)-(3)).
• Algorithmic influence concern: Discoverability orders may still pressure platforms to change recommendation systems, affecting creators’ reach, even if the CRTC cannot mandate a specific algorithm (s.9.1(1)(e), s.9.1(8)).
• Consumer impact: Mandatory expenditures and compliance costs could be passed through as higher subscription prices or reduced catalogues; the Act does not cap such costs (s.11.1(1)-(2), (6)). Data unavailable on magnitude.
• Oversight and transparency: Key CRTC orders are exempt from the Statutory Instruments Act, which opponents argue reduces formal regulatory scrutiny compared to traditional regulations (s.9.1(3)).
• Data and confidentiality: Broader information demands and sharing with the Minister and Commissioner of Competition may raise privacy and competitive sensitivity concerns despite confidentiality provisions (s.25.1–25.3).
• Enforcement risk: Large AMPs and offence fines create compliance risk and uncertainty for new or smaller services entering the Canadian market (s.34.5; s.32–33).