CRTC CanCon Cultural Criteria Hearing Spurs Redefinition Debate

Sara Thompson
5 Min Read

As the CRTC’s public hearings on Canadian content definitions enter their second week, the debate over including cultural elements in the regulatory framework has intensified, revealing deep divisions among industry stakeholders.

The hearings, taking place at the CRTC’s headquarters in Gatineau, have drawn representatives from across Canada’s creative sectors, all weighing in on how “Canadian content” should be defined under the Online Streaming Act (formerly Bill C-11).

“We’re essentially trying to determine what makes content truly Canadian beyond just who finances it,” said CRTC Chairperson Vicky Eatrides during yesterday’s proceedings. “Is cultural representation a necessary component of CanCon, or should we focus primarily on economic factors?”

The cultural criteria question has emerged as particularly contentious. Industry groups appear divided between those advocating for a more culturally specific definition and others arguing for flexibility to compete globally.

The Canadian Media Producers Association (CMPA) strongly supports including cultural elements in any new definition. “Canadian stories told by Canadian creators are the heart of what we’re trying to protect,” said Reynolds Mastin, President and CEO of CMPA. “Without cultural criteria, we risk funding content that has no connection to Canadian experiences or perspectives.”

Streaming giants including Netflix and Amazon Prime Video have pushed back against rigid cultural requirements, suggesting they could hamper international appeal.

“Canadian talent deserves opportunities to tell universal stories that resonate globally,” said Netflix Canada’s Director of Public Policy Stéphane Cardin. “Mandating specific cultural elements could limit creative freedom and marketability.”

Independent producers find themselves caught in the middle. Ottawa-based filmmaker Marie Clements testified that while cultural representation matters, overly prescriptive rules could backfire.

“My Indigenous stories are inherently Canadian, but I don’t want bureaucrats checking boxes to determine if my work is ‘Canadian enough,'” Clements said. “The system needs to recognize diverse expressions of Canadian identity.”

The hearings follow Parliament’s passage of the Online Streaming Act last year, which brought streaming services under Canadian content regulations previously applied only to traditional broadcasters. The CRTC must now determine how these rules will work in practice.

Current CanCon requirements primarily use a points system based on the nationality of key creative personnel and production financing. Cultural content has been a secondary consideration until now.

Heritage Minister Pascale St-Onge has signaled the government’s position, stating in a policy directive that “Canadian content should reflect Canada’s diversity and contribute to our shared understanding as Canadians.”

The Writers Guild of Canada presented research showing that productions meeting current CanCon requirements often lack distinctly Canadian settings or themes. Their analysis of recent certified CanCon productions found nearly 60% contained no identifiable Canadian elements in their storylines.

“We’re funding Canadian productions that could be set anywhere, starring anyone,” said WGC Executive Director Maureen Parker. “Without some cultural criteria, we’re subsidizing generic content that doesn’t contribute to our cultural sovereignty.”

Economic concerns remain significant, particularly for larger production companies. The Toronto-based entertainment law firm Dentons submitted that “excessive cultural requirements could drive productions to other jurisdictions with more flexible incentives.”

The hearings have also highlighted the challenge of defining Canadian culture itself. Several Indigenous media organizations testified that any cultural criteria must respect and include First Nations, Inuit, and Métis perspectives rather than imposing a single definition of “Canadian.”

“The very notion of what constitutes ‘Canadian culture’ is complex and evolving,” said Jesse Wente, Executive Director of the Indigenous Screen Office. “Any framework must create space for the multitude of stories that make up this country.”

The CRTC is expected to announce its new Canadian content definition by early fall, with implementation to follow in 2026. The commission has indicated it will take a balanced approach.

As I’ve observed covering cultural policy for over a decade, these debates inevitably reflect deeper questions about national identity in the streaming age. When Canadian viewers increasingly consume global content, the stakes for maintaining a distinct cultural voice have never been higher – yet the pathways to achieving this goal have never been more contested.

The hearings continue through next week, with additional testimony expected from broadcasters, academic experts, and provincial cultural agencies.

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