CRTC releases feedback from CanCon definition consultations

The CRTC has released its “What We Heard” report, summarizing feedback collected from workshops with members of the audiovisual (AV) industry discussing the CRTC’s definition of Canadian Content (CanCon) and the possibility it might need to be adapted given fundamental changes to the broadcasting industry.

A total of 382 participants took part in 17 workshops in February and March of this year, including in-person events in Montreal, Toronto, Halifax, Vancouver, Winnipeg, and Calgary, encompassing the perspectives of Indigenous and official language minority communities (OLMCs), online creators, small and large producers, domestic broadcasters, unions, and representatives from foreign streaming services.

The CRTC currently uses a point system for CanCon designation, with six out of 10 points the minimum to achieve certification. Each point is associated with a key creative position (i.e. director, screenwriter, picture editor etc.). The commission also requires that the Canadian producer retain creative and financial control of a production. The Canadian Audio-Visual Certification Office (CAVCO), Telefilm and the Canada Media Fund (CMF) also certify content for tax credit and funding purposes, with some differences between them.

The commission found there was general agreement among participants that a modernized CanCon definition should reflect measures of success, including:

• High quality content “made by Canadians”.
• Supporting the financial viability of the different players within the AV ecosystem.
• Broadcasters, including foreign online streamers, should pay their fair share
• The importance of a Canadian broadcasting system that develops Canadian talent and builds a Canadian star system. The Quebec star system was often raised as an example of success in promoting Canadian talent.
• Global reach and competitiveness through the promotion of Canadian content worldwide and by ensuring Canada remains competitive on a global scale.
• A transparent and accountable system through better data resources, clarity on the funding and distribution of Canadian productions and appropriate measures of success.

Participants generally agreed that what makes a production “Canadian” is the direct result of having a majority of Canadians holding key creative roles on a production. The report says there was some support for an expanded list of creative roles that could be included in a new definition like visual effects (VFX) director, costume designer or make-up artist. When questioned on adding specific cultural elements to the definition, participants were mostly of the view it would be challenging, introduce subjectivity in the process, and possibly stifle creativity. Many expressed concern that including cultural elements could also lead to uneasy discussions about which groups could be considered “more” or “less” Canadian. Concerns were also voiced that it could add a bureaucratic burden to a certification process that some believe is already overly complex.

IP ownership was seen by most producers, creators and broadcasters as fundamental to allow Canadians to fully reap the economic benefits of their work. When asked if IP should be included in an updated CanCon definition, their response was generally yes. Online streamers, on the other hand, did not support incorporating it within an updated definition. Some were willing to explore solutions tested in other countries like time limits on rights to ensure all parties benefit. Others suggested IP rights could be incorporated in the definition by adding additional points for it as opposed to making it a mandatory condition.

The report says discussions on how flexibility and adaptability could be integrated in an updated definition were at times “emotionally charged.” Some Canadian creators and producers with long-standing experience with the current certification process equated flexibility with “diluting” or “weakening” the process, fearing changes would benefit the non-Canadian online streaming industry, mostly at the expense of the homegrown Canadian creative industry and Canadian culture.

Online creators and those newer to the broadcasting system, like streamers, were more open to adding elements to the current points system, provided that an updated definition continues to incentivize productions to fill a majority of key creative positions with Canadians. Several participants also saw opportunities for integrating flexibility in the definition in ways that benefit regional creators, those who belong to equity-deserving groups, and Canadian production companies who are more likely to reinvest in the Canadian AV system.

The workshops will inform part of the CRTC’s preparatory work for a wider public consultation on the issue.