
May 24, 2026
The other shoe dropped this week when the CRTC delivered two rulings that nearly complete its new regulatory framework for Netflix and the rest of the Hollywood streamers, as well as Canadian television broadcasters.
The reaction to the rulings from the Hollywood streamers and their Canadian enablers offered more heat than light. Media reports played them as a trade story and some breathlessly speculated on Culture & Identity minister Marc Miller’s inscrutable comments on X.

Across the border, a steady stream of ominous threats and faux outrage from American trade officials is expected soon.
In the interest of a more cool-blooded debate, let me offer some analysis of the CRTC’s new rulings on direct streamer investments in Canadian content (“Canadian Programming Expenditures,” or CPE) and the distribution and prominence of that content on streaming platforms, made “discoverable” so that shows made by Canadians don’t end up as wine corks bobbing on an ocean of global content.
The bottom line is that the CRTC’s expected ruling on those direct CPE investments came in at 15% of the revenues that streamers earn in the Canadian market.
That 15% includes a 5% subset of the (still unpaid) cash levy in favour of Canadian media financing funds imposed by the Commission in June 2024 as an “initial” CPE contribution, thus the feverish cries of “tripled contributions.”
While the bar for streamers was set at 15%, the Commission lowered the parallel CPE contributions of Canadian broadcasters from 30% (or more) of their Canadian revenues down to 25%. The broadcasters have been fuming about their CPE obligations for years since cable subscriptions and Canadian television revenues began their downward descent around 2017 while the Hollywood streamers surged in growth and remained unregulated until the Online Streaming Act was finally legislated in 2023.
The gap separating Hollywood streamer and Canadian broadcaster CPE is now reduced but still a substantial 10% of revenues (although it’s probably less than 10% when you take into account that more than a third of the streamer CPE consists of their cash dollars going out the door to media funds).
Whatever number you ascribe to the remaining gap between streamer and broadcaster CPE contributions to CanCon, the Commission excuses this remaining favouritism shown to the streamers as being “equitable” as opposed to “equal” contributions. You be the judge if it’s equitable. The streamers insist it’s “discriminatory.”
The CRTC’s companion ruling on discoverability is poised to be a genuine victory for Canadian content and a vindication of the federal Liberals’ crawl-over-broken-glass efforts to legislate the Online Streaming Act. How big a victory depends on how soon and firmly the CRTC follows up on the key regulatory principles in the ruling:
- The Commission states an expansive definition of “discoverability”: “Canadian content and services are discoverable if they are made available and visible to audiences, including when an audience is not actively seeking such content and services.” The emphasis is on the streamers making their Canadian content highly visible on their platforms, irrespective of whether Canadians are patriotically seeking it out through keyword searches or on the streamers’ ghettoized “Canada” tabs.
- To make this happen, the CRTC tasks each streamer to offer the Commission “measurable outcomes” in making Canadian shows prominent with transparent and annual measurements using standardized data. The Commission has told streamers that Canadian content should be “presented consistently when audiences browse landing pages, recommendations, categories, carousels and playlists” and not just “dedicated spotlight categories” for Canadian content. And just in case the streamers don’t get the message, the Commission says it expects “equitable” platform exposure of Canadian content in Canada, a deliciously vague objective that should keep entertainment lawyers well employed.
- And the Commission expects streamers “to facilitate the installation, integration and/or promotion of [Canadian broadcasting services of exceptional importance] and local streaming apps and stations on Smart TVs, set top boxes or other devices so that they are easily visible to consumers.” This is bold stuff. It’s not clear how the Commission is going to implement this in cases where screen interfaces are installed by television manufacturers: the Québec provincial government says it’s going to legislate it.

Taking these Commission pronouncements on discoverability at face value, this is good news for Canadian content. As television broadcaster Brad Danks wrote in his recent series of articles in Cartt.ca, we are overdue to pivot from our singular focus on regulatory support for production financing in favour of supporting distribution, prominence and the cultivation of loyal audiences at home and abroad.
From here, the streamers’ do-it-yourself discoverability strategies will have to pass muster before the Commission in the final phase of the legislation’s implementation, the application of “tailored conditions of service.” That will likely take another year to complete, assuming a light-speed effort by the Commission. Beyond that, the Commission is allowing the streamers three years to meet these higher expectations of CanCon discoverability. That will put us seven years from Royal Assent to full implementation of the Online Streaming Act.
Of course, the streamers want no part of any of this, neither CPE nor discoverability, judging from their cede-no-quarter opposition to any regulatory obligations, court appeals and weaponization of American trade power over the last three years.
The streamer fury is highly performative. But let me speculate on at least four things about the Commission’s latest rulings that might genuinely stick in their collective craw.
The first is copyright. The streamers notched a big win last November when the Commission announced its new rule about whether non-Canadian services could hold copyright ownership in the Canadian shows eligible for its CPE quota for direct CanCon investments (as opposed to paying copyright-owning Canadian producers to license their shows for Canadian release or global distribution).
It’s a complex issue that I wrote about here. In brief, in any production partnership the owner of majority copyright in a show holds an advantage in negotiations over return on investment, revenue sharing and the long-term commercial exploitation of the intellectual property flowing from a successful production.
During parliamentary hearings in October 2022, Netflix identified copyright ownership as its number one priority. But despite the clear language in the Online Streaming Act favouring copyright remaining vested in independent Canadian producers, the Commission sided with Netflix and the other Hollywood streamers. Incensed by that ruling, I wrote about it here.
Alas I incensed too soon. The Commission evidently had more to say about copyright. In this most recent ruling, the Commission claws back some of that apparent streamer victory. Under the heading “enhanced partnerships,” the CRTC directs the streamers to earmark about a third of their 15% CPE for co-ventures with independent Canadian producers in which the Canadians retain majority copyright.
By my figuring, the streamers will have to cede majority copyright to independent Canadian producers in Canadian shows in its programming budget amounting to a 4.5% envelope of Canadian revenues within its 15% overall CPE. That leaves the streamers contributing 6.55% of revenues in media fund cash payments (see below) and 4% for direct content investments in shows where they can retain majority copyright.
Another unwelcome surprise for the streamers was the CRTC rethinking the mulligan it gave the streamers back in June 2024 when it extended an option for streamers to shave off 1.5% of their initial 5% cash levy to media funds to 3.5%. The deal was that the streamers could withhold that 1.5% (of a total 2%) contribution to the Canada Media Fund provided they invested the money directly in Canadian shows. It was essentially a downpayment on their yet-to-be-determined CPE. In setting a final CPE number of 15% the Commission eliminated the 1.5% opt-out. That leaves the streamers paying out of pocket to media funds at the full “initial” 5%.
The Commission then tacked on to that 5% an additional cash levy of 1.55% of revenues to feed a new Services of Exceptional Importance Fund —more or less demanded by federal cabinet and Parliament— to replace the per subscriber “wholesale rates” that Canadian cable operators pay to vital services such as CPAC, the Weather Network, APTN, Uvagut TV, Omni, TV5, and CBC/Radio-Canada news in official minority language regions. The major Canadian broadcasters will pay the 1.55% levy too.
The last of the craw-stickers is probably the Commission’s rejection of the streamer proposal to count their marketing expenses towards their fulfillment of CPE spends. The Commission reaffirmed its existing policy that only small and medium sized Canadian broadcasters get that break. The streamers and the big Canadian broadcasters will not get it, in the name of maximizing contributions to production financing. On the other hand, the Commission told the streamers it remains open to them pitching a detailed plan on whether their financial sponsorship of creator training and development ought to count in CPE calculations.
That’s the impact of the rulings on the streamers. There were some controversial results for Canadian media companies too, not limited to the “equitable” 10% CPE gap with streamers.
The Commission followed through with its preliminary view expressed in the notice of consultation by abolishing the mandatory spending category of “programs of national interest,” (PNI) a subset of CPE spending quotas to support feature films, drama series, comedy shows and documentaries. The notice of consultation didn’t elaborate much on the Commission’s thinking except to wonder aloud if the US streamers were going to flood the market with so many Canadian movies and serials that the Commission could relieve Canadian broadcasters of their PNI spending obligation.
The major Canadian broadcasters had been begging for this for years because shows in those PNI genres are difficult to make profitably (a foundational point made in 2020 by the federal government’s Yale Committee that recommended legislating the Online Streaming Act). For example, Corus Entertainment has been quite vocal that its survival depends on making more lifestyle programming at a higher profit and getting out of Commission-directed expenditures on dramas. On the flip side, Canadian independent producers and creative guilds warned that when the Commission previously experimented by repealing special funding requirements for programs of national interest it backfired spectacularly with declining production investments, prompting the Commission reinstate the priority spending a few years later.
Citing no evidence for its 180-degree reversal from the Yale Report, the Commission nevertheless decided that while news, children’s programming, and French language content is unprofitable and “at risk,” English-language drama and documentaries are not.
I do not exaggerate when I say this is a repudiation of a half century of Canadian media policy built on a comprehensive regime of CRTC regulation and government subsidies that puts dramas at the heart of “at risk” content. The Policy Direction that the federal cabinet issued to the CRTC in June 2023 gave the Commissioners a lot of instructions and priorities on a great many issues, but not one of them deprioritized the historic funding for English language feature films and dramas.
What Minister Miller thinks of this I cannot say. But his government funds Canadian feature films and drama series to the tune of well over a half billion dollars annually through the Canada Media Fund, Telefilm Canada and the federal CPTC production tax credit.
There were other issues close to the hearts of Canadian broadcasters that remain unresolved in these new Commission rulings.
News is one. The CRTC elected to maintain its existing policy which is that about 35 independent television stations (including the Global News network) can draw subsidies from the Independent Local News Fund but that Bell CTV, Rogers City-TV and Québecor TVA cannot. In fact, the big three will have to continue underwriting their cash-hemorrhaging network stations at current levels or 15% of their 25% CPE (about $380 million), whichever is more. By doing this the CRTC is confirming its 2016 ruling which was, if you will excuse the vulgarity, that the telcos can suck it up.

Source: CRTC
The consolation prize for news broadcasters is that the Commission will schedule new hearings on the sustainability of news programming sometime in the future. When we get there, that future may look much different than today, depending on what happens with funding from the Online News Act and the federal government’s new proposal to extend federal journalism tax credits to broadcasters.
As for the much-anticipated production financing for content made by Indigenous producers, and by producers from equity-deserving groups, that has been kicked down the road, but hopefully not too far. The major broadcasters and streamers will be expected to table a plan to improve production financing in those communities in the third and final regulatory phase of “tailored conditions of service.”
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This blog post is copyrighted by Howard Law, all rights reserved. 2026.



















