On November 18, 2025 the Canadian Radio-television and Telecommunications Commission (CRTC) released its decision on modernizing the definition of Canadian Content, as part of the modernizing of Canadian broadcast regulation under the new Broadcasting Act. The DSO participated in the consultation and attended the public hearing on behalf of disabled creators. The main thrust of the DSO’s submission was to advocate for a definition that would increase Canadian production to ensure that there will be opportunities for Canadian disabled talent and production companies.
This decision provides greater flexibility to allow different genres and production sizes to qualify as Canadian Content by switching from a minimum 6 out of 10 points to 60% of applicable key creative points. The other flexibility is to encourage investment by non-Canadians (i.e. foreign streamers). A foreign streamer can own up to 80% of the copyright in a program but then will have to meet the threshold of 80% of applicable key creative points plus 50% of producers will have to be Canadian.
If that was not complicated enough, the decision introduced bonus points where a production might not hit the minimum required but then could earn bonus points in several categories. For example, a Canadian showrunner is a bonus point. If a program is based on a Canadian written work of fiction, then one bonus point. A cultural test was introduced that if the main characters are Canadian and the setting is identifiably Canadian then it earns a bonus point.
All these positions must be filled by humans and not be the product of AI to earn the point. This may be challenging to enforce but it sounds like they will rely on the talent unions to warn them if there are concerns with a project.
Also in this decision is a requirement for broadcasters and streamers to report on their productions that engage equity-deserving key creatives. Currently mainstream broadcasters report on women, Indigenous and Official Language Minority Communities so this decision expands the communities, specifically referring to People with Disabilities, and extends the requirement to foreign streamers. We look forward to analyzing the data over the coming years.
This decision is only Part 1 of the response to the Cancon/CPE hearing. Part 2 will address streamer and broadcaster programming expenditure requirements. We expect to see that early in the new year and we will keep you informed.