CRTC Sets New Definition of Canadian Content for Audio-Visual Broadcasting

November 27, 2025

On November 18, 2025, the Canadian Radio-television and Telecommunications Commission (CRTC) issued Broadcasting Regulatory Policy CRTC 2025-299 (Decision), which establishes a new framework for certifying Canadian audio-visual content as a “Canadian program” (Canadian content) for both online streaming services and traditional broadcasters. It also addressed other matters related to Canadian content, including the reporting and publication of certain information.

The Decision is part of the CRTC’s ongoing efforts to modernize the Canadian broadcasting framework following the enactment of the Online Streaming Act (formerly Bill C-11), which amended the Broadcasting Act. For more information, see the following Blakes Bulletins:

Canadian Content Certification Framework

Traditional broadcasting undertakings are required to support Canadian content through various regulatory obligations imposed by the CRTC, including spending a percentage of annual revenue on the creation of Canadian content. In connection with such obligations, the CRTC certifies as “Canadian” audio-visual productions that meet prescribed criteria. One such criterion has historically been based on a points system, whereby points are awarded when Canadians occupy key creative roles such as director or lead performer.

The Decision introduces several key changes to the existing certification framework, including:

New Key Creative Roles: Productions may now earn points if they employ a Canadian showrunner, head of department for costume design, make-up and hair, or visual/special effects directors — creative positions which were not previously recognized.
Percentage of Points: Under the previous framework, a production generally needed to earn 6 of a possible 10 points to be certified. The Decision establishes a more dynamic points system, with different configurations of points that can be earned depending on the type of production. Generally, the threshold is set at 60% of possible points to qualify as Canadian content. If a production does not use certain key creative positions, the points associated with those positions are not included when calculating whether a sufficient percentage of points has been earned.
Copyright Ownership: Under the previous framework, Canadian ownership of intellectual property was not considered. Pursuant to the Decision, Canadians must now hold at least 20% of the copyright in a program for it to be eligible for certification. Additionally, where Canadians own between 20% and 50% of the copyright in the program, the production must earn 80% of the possible points (among other requirements), rather than the 60% that applies to programs in which Canadians own more than 50% of the copyright.
Bonus Points: Bonus points can now be earned for certification for identifiable Canadian characters and settings, for productions based on Canadian written works, and where 50% or more of the recorded or pre-existing music in the production is Canadian. Bonus points increase the number of points earned, but do not impact the number of points needed.
Mandatory Positions: Certain positions must be filled by a Canadian to be eligible for certification as Canadian content. For example, for live action productions, the director or screenwriter and either the first lead performer or second lead performer must be Canadian to qualify for certification.

The Decision also provides further guidance on additional mandatory requirements and other changes made under the new certification framework. For example, to be eligible for certification, the program must be produced by a Canadian production company, at least 75% of a production’s service cost must be paid to Canadians, and at least 75% of a production’s post-production and laboratory costs must be paid for services provided in Canada by Canadians or Canadian companies.

Information Reporting and Publication

In line with existing reporting requirements for traditional undertakings, online undertakings with annual Canadian broadcasting revenue of C$25-million or more will be required to file detailed Canadian Programming Expenditure reports. Additionally, starting in the 2025–2026 broadcast year, as part of their annual filings, broadcasting undertakings will need to provide information on the presence of people who self-identify as a member of a noted equity-deserving group (including racialized people, people with disabilities, individuals who identify as 2SLGBTQI+, women, official language minority communities and Indigenous people) in key creative positions.

Furthermore, the CRTC will publicly disclose certain financial information that must be submitted by broadcasting undertakings with annual Canadian broadcasting revenue of C$25-million or more, including information about Canadian broadcasting revenues, Canadian programming expenditures and other contributions (such as mandatory base financial contributions), aggregated by entity.

Next Steps

The Canadian content certification framework outlined in the Decision will be implemented through new regulations. The CRTC indicated it will issue a notice of consultation on proposed new regulations defining the term “Canadian program” and consequential amendments to the existing regulations applicable to traditional broadcasters. Until those are in force, applications will continue to be assessed under the current certification rules.

The Decision stems from a public consultation process initiated by the CRTC on November 15, 2024. However, it does not address all of the matters that were considered in that consultation. The CRTC stated that it will issue another decision in the near future that will address funding for Canadian content, including financial contributions.

Additionally, the CRTC’s Regulatory plan to modernize Canada’s broadcasting framework indicates it will launch a consultation in late 2025 to finalize the individual contributions and requirements for traditional and online platforms in Canada. Such consultations may include further expenditure requirements and obligations to support the discoverability of Canadian content.

For more information, please contact any member of our Communications sector group.