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CRTC hearings on modernizing ‘Canadian program’ definition get underway

CRTC hearings aimed at modernizing the definition of what constitutes a “Canadian program” got underway in Gatineau Wednesday morning. The commission will hear from nearly 80 speakers through May 27.

Also considering how to support the creation and distribution of Canadian programming in the audio-visual sector, CRTC Chairperson Vicky Eatrides opened the hearings by outlining the commission’s desire to reflect “today’s reality” in its policy.

“The law gives us a mandate to provide a new approach and more flexible approach on broadcasting, taking into account new business models and new technologies,” said Eatrides, in her opening statement.

“Our goal is clear,” she continued. “To modernize the definition of Canadian content to reflect today’s reality, to make sure that it reflects how content is created, financed and shared. Coming out of this hearing, we want to give Canadians confidence that their broadcasting system will produce many kinds of content. Content they have told us they want, they want to be able to find, they want to be able to enjoy.”

The hearing will encompass consideration of intellectual property (IP) rights, spending requirements for Canadian content, and data requirements to ensure any framework is achieving results. The commission also revealed at the outset of the hearing that Netflix, Apple and Paramount would not be appearing, despite being listed on the initial agenda. The streamers were absent from a revised agenda released Wednesday afternoon, with the commission saying it could not comment on behalf of individual broadcasters.

AQPM, the Association québécoise de la production médiatique (AQPM), which represents the interests of more than 150 independent film, television and web production companies in Quebec, was the first presenter. Ensuring IP rights remain Canadian is among its chief concerns, especially in the context of U.S. President Donald Trump’s threats to impose tariffs on foreign location and service (FLS) production happening in Canada.

The Canadian Association of Broadcasters (CAB), representing private commercial broadcasters, called for regulatory fairness.

“Canadian broadcasters will only be able to continue to make meaningful contributions to the public policy goals outlined in the Broadcasting Act if they are able to operate viable businesses that are capable of adapting to the profound structural challenges facing their operations and being responsive to the interests of their audiences,” CAB President Kevin Desjardins told the hearing.

“The modernized framework that is being developed through these consultations must ensure that all players in the system are treated equitably,” he continued. “Canadian broadcasters cannot continue to bear the full weight of supporting cultural policy objectives while they continue to compete with foreign undertakings for programming rights, viewers, subscribers and advertisers. A recalibration of the obligations placed on Canadian broadcasters and foreign streamers is absolutely necessary.”

Canadian Association of Broadcasters (CAB) VP, Policy & Regulatory Affairs Tandy Yull and President Kevin Desjardins

The CAB is also asking for flexibility, with any contribution framework driven by incentives rather than quotas, in addition to a lighter regulatory approach.

“We believe that going forward, it will be important for the commission to only regulate what truly matters,” said Desjardins. “This means letting go of legacy requirements and taking every opportunity to reduce both the regulatory and administrative burden on regulated broadcasters and allowing the commission to focus its resources on improving its efficiency.”

The CAB says foreign streaming services must be brought into the regulatory fold, while Canadian broadcaster obligations are “recalibrated to the current market realities.”

“Foreign online streamers are here,” Desjardins asserted. “They entered the market on their own terms. They funnelled billions of Canadian dollars out of our system and out of our economy and only invest in ways that ultimately benefit their own global goals and their own bottom line. And as should be clear from recent statements on the world stage, none of the previous investments in foreign productions by these foreign media giants can be assumed in their plans going forward. All the while, and unfortunately for the foreseeable future, Canadian broadcasters continue to be held to obligations instituted well before those foreign players arrived and disrupted our domestic marketplace.”

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Connie Thiessen
Connie Thiessenhttps://broadcastdialogue.com
Connie has worked coast-to-coast as a reporter, editor, anchor and host at CKNW and News 1130 in Vancouver, News 95.7 and CBC in Halifax, and CFCW Edmonton, among other stations. With a passion for music, film and community service, she led News 95.7 to a 2013 Atlantic Journalism Award and regional RTDNA award for Best Radio Newscast. More recently, she was nominated for Music Journalist of the Year at Canadian Music Week 2019. To report a typo or error please email - corrections@broadcastdialogue.com

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