CRTC Directions for Broadcasting Framework

Summary#

The government issued the Order Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework) under the Broadcasting Act. The order, registered November 9, 2023 and published November 22, 2023, tells the Canadian Radio-television and Telecommunications Commission (CRTC) what priorities to follow as it builds new rules for online and traditional broadcasters. It requires the CRTC to support Indigenous participation, equity and official language minority communities, and to treat foreign online services and Canadian broadcasters equitably — while excluding ordinary social media creators and video games from regulation.

What it does#

• Directs the CRTC to support the meaningful participation of Indigenous peoples in the broadcasting system, including production, access, ownership and narrative sovereignty.
• Tells the CRTC to make sure the Canadian broadcasting system “strongly supports” a wide range of Canadian programming and creators, with financial and non-financial requirements that are fair given the size and nature of each service.
• Instructs the CRTC to consider how to support community broadcasters and undertakings of exceptional importance to local or cultural life.
• Sets rules for discoverability and showcasing that:
  • Encourage a wide range of Canadian programs;
  • Prefer outcome-based measures (like audience reach);
  • Try to minimize the need for services to change their computer algorithms.
• Requires the CRTC to promote programming accessibility for persons with disabilities.
• Directs the CRTC to design a flexible, adaptable regulatory framework that minimizes unnecessary burden, uses incentives and digital tools where appropriate, and treats comparable foreign and Canadian services equitably.
• Orders the CRTC to maximize the use of Canadian creative and other human resources in production and presentation.
• Explicitly excludes regulation of:
  • programs of ordinary social media creators (including podcasters who upload content without platform control), and
  • the transmission of video games.
• Gives guidance on how the CRTC should set criteria for when the Act applies to programs and how to review expenditure requirements (including support for French-language programming and programming by Indigenous and equity-seeking groups).
• Requires the CRTC to consult and engage with Indigenous peoples, equity-seeking and ethnocultural groups, and official language minority communities.
• Directs the CRTC to publish periodic public information on progress.
• Requires the CRTC to make necessary changes to its regulatory framework within two years of the order coming into force, and to prioritize certain parts of the work.

Who's affected#

• The immediate addressee is the CRTC.
• Broadcasters and online streaming services (including foreign platforms) — they are targeted by the directions the CRTC must follow and may face new rules later.
• Canadian broadcasters, community radio/TV, and independent producers — they are intended beneficiaries of stronger support and more predictable funding.
• Indigenous peoples and Indigenous broadcasters/creators — the order directs special engagement and support.
• Official language minority communities and French-language creators — the order pushes for stronger support and availability of programming in both official languages.
• Equity-seeking and ethnocultural groups (including Black and other racialized communities, persons with disabilities, 2SLGBTQI+ people, women) — the order asks the CRTC to promote inclusion and discoverability for content by and for these groups.
• Social media creators and podcasters who upload user-generated content — their ordinary user-created content is excluded from regulation (the platforms themselves could be regulated when acting like broadcasters).
• Small and medium-sized businesses in the production ecosystem — the order aims to support a stronger independent production sector, but the exact effects depend on the CRTC’s later rules.
• It is unclear, from the order alone, what exact new costs or contributions individual companies will face; those details will come from the CRTC’s future regulations.

Why it matters#

• This order sets the federal government’s priorities for modernizing broadcasting rules in the streaming era. It signals that online platforms that reach Canadians should have responsibilities similar to traditional broadcasters, including contributing to Canadian content and discoverability.
• For creators and local producers, it promises more attention and possible funding or promotional support for Canadian stories, including stronger measures for Indigenous, French-language minority, and other under-represented creators.
• For users, it could change how Canadian content is found and promoted on streaming services — but the order asks the CRTC to avoid heavy-handed changes to algorithms and to respect user choice.
• For online platforms and broadcasters, the concrete effects (money to spend, reporting rules, discoverability steps) will depend on the specific regulations the CRTC writes next. The order is binding on the CRTC, but does not itself set those downstream obligations.
• The CRTC must act within two years, so changes and consultations are expected soon — but the final shape and timing of rules affecting businesses and viewers will become clear only after the Commission’s public processes.