CRTC Establishes New Frameworks for Discoverability and Canadian Programming Expenditures

On May 21, 2026, the Canadian Radio-television and Telecommunications Commission (CRTC) issued two highly anticipated decisions advancing the implementation of the modernized Broadcasting Act. The decisions impose significant obligations on broadcasters (including online streaming services) in respect of Canadian content. In Broadcasting Regulatory Policy CRTC 2026-96 (BRP 2026-96), the CRTC introduced a new framework for Canadian programming expenditures (CPE) pursuant to which broadcasters must support the production of Canadian content. In Broadcasting Regulatory Policy CRTC 2026-95 (BRP 2026-95), the CRTC established the initial phases of a new discoverability framework for Canadian and Indigenous content, and established a mechanism for broadcasters to support the funding of “services of exceptional importance” (SEIs). 

Modernized CPE Framework (BRP 2026-96)

Obligations for broadcasters to spend a portion of annual revenues on the production of Canadian programming have been a cornerstone of Canada’s broadcasting regulatory framework for decades, but only traditional broadcasters, rather than online streaming service providers, have been subject to these requirements. However, with the enactment of the Online Streaming Act (formerly Bill C-11) that amended the Broadcasting Act, the CRTC now has explicit authority to extend CPE obligations to online undertakings. 

BRP 2026-96 establishes a modernized CPE framework that will apply to both traditional and online services, and builds on a November 2025 CRTC decision that updated the criteria used to define “Canadian programs.” For more information on that decision, please see our Blakes Bulletin: CRTC Sets New Definition of Canadian Content for Audio-Visual Broadcasting.

The CRTC’s modernized CPE framework includes the following elements:

• Application: CPE obligations apply only to broadcasting undertakings, both traditional and online, with annual Canadian broadcasting revenues exceeding C$25-million. Entities below this threshold are exempt, thereby reducing the regulatory burden on smaller players.
• Expenditure Requirements: Non-Canadian operators of online streaming services that are subject to this requirement must contribute 15% or more of their annual Canadian broadcasting revenues to CPE. The 15% includes the 5% base contribution established previously by the CRTC in Broadcasting Regulatory Policy CRTC 2024-121-1 (BRP 2024-121). As of the date of this publication, BRP 2024-121 is stayed pending various challenges before Canadian courts. Canadian broadcasters, who had historically been required to contribute 30 to 45% of certain annual revenues to CPE in connection with their traditional broadcasting operations, will be required to contribute 25% of their total annual Canadian broadcasting revenues to CPE.
• Large and Medium Broadcasters: Broadcasters with annual Canadian broadcasting revenues exceeding C$100-million are subject to heightened requirements, which include: 
  • French-language content: Large non-Canadian broadcasters must allocate 30% of their annual CPE to support French-language programming, half of which must go to original first-run French-language programming. Large Canadian broadcasters operating certain French-language broadcasting undertakings must continue to devote 75% of their annual CPE for those services to original French-language programming. 
  • Enhanced Partnerships: Large Canadian broadcasters must devote at least 30% of their CPE to partnerships with Canadian independent producers that hold more than 50% of copyright in the program. Large non-Canadian broadcasters must devote at least 30% of their CPE to partnerships with Canadian broadcasters or Canadian independent producers that hold more than 50% of copyright in the program.
  • Other Requirements: Large Canadian broadcasters are also required to contribute at least 15% of their CPE to support Canadian news and contribute to a new fund for SEIs (as noted below). As a guideline, the CRTC expects all large broadcasters to devote 2% of their overall CPE to official language minority community (English-speaking communities in Quebec and French-speaking communities outside Quebec) programming.

Broadcasters with annual Canadian broadcasting revenues between C$25-million and C$100-million have greater flexibility in how their CPE is spent, including on direct expenditures (such as the commissioning, production or acquisition of Canadian content) and indirect expenditures (such as contributions to production funds). 

The CRTC stated that it expects the modernized framework to deliver over C$2-billion in contributions to Canadian programming.

Discoverability and Support for Services of Exceptional Importance (BRP 2026-95)

In BRP 2026-95, the CRTC introduced a principles-based discoverability framework aimed at improving the visibility and accessibility of Canadian and Indigenous content to domestic and global audiences across both traditional and online streaming services. Rather than imposing standard industry requirements respecting discoverability, the CRTC established a framework that it “will refine over time” using a four-stage approach. 

The first stage is establishing the framework and outcomes as set out in BRP 2026-95. At a high level, the CRTC expects all broadcasters, including online streaming services, to take concrete steps to achieve the following three outcomes: (1) audiences have access to, and can easily find and consume, a full range of Canadian and Indigenous content and services, including in French, English and Indigenous languages; (2) Canadian and Indigenous content and services are prominently presented and promoted to audiences; and (3) the availability, prominence, and consumption of Canadian and Indigenous content and services are transparently measured, as are the impact and effectiveness of the steps taken to improve those discoverability outcomes. 

The second stage, establishing specific commitments, will be implemented through an upcoming consultation on tailored conditions of service. The third stage involves monitoring and reporting, while the fourth stage involves periodic review. The CRTC noted that it will also establish an industry working group to establish metrics used to track and report on discoverability of Canadian content in the audio-visual sector, ensuring that appropriate metadata exists in assessing whether the objectives of the Broadcasting Act are being met.

BRP 2026-95 also introduced measures to support SEIs, which are services that contribute to the Canadian broadcasting system by providing news, programming focusing on Indigenous communities or official language minority communities, accessible programming, or other types of programming that achieve certain objectives of the Broadcasting Act. The CRTC has historically mandated traditional broadcasters to distribute SEIs as a condition of licence. While these obligations remain in place, the CRTC established a distinct fund to support SEIs that will be financed through mandatory contributions from all broadcasting ownership groups (including those operating online streaming services) that earned C$100-million or more in Canadian broadcasting revenues from the previous year (as set out in BRP 2026-96).

Next Steps

The CRTC will establish specific discoverability commitments through an upcoming consultation on tailored conditions of service, in which it will expect broadcasting undertakings to make concrete commitments demonstrating how they will deliver on the discoverability framework and achieve the expected outcomes. The CRTC’s Regulatory Plan to Modernize Canada’s Broadcasting System states that this consultation is currently planned for fall 2026.

For more information, please contact the authors or any other member of our Technology or Communications groups.