CRTC Regulatory Policies On Canadian Content Expenditures And Discoverability

On May 21, 2026, the Canadian Radio-television and Telecommunications Commission (CRTC) released two landmark broadcasting regulatory policies intended to modernize the framework of support for the creation and discoverability of Canadian and Indigenous content. Both traditional broadcasters and online streaming services operating in Canada are regulated under this new framework¹.

As we noted in Shaping the new broadcasting regulatory framework, the CRTC continues the work it began in 2023 to develop modernized rules under the Online Streaming Act. The evolving framework is intended to regulate online streaming and on-demand services under the Broadcasting Act, and modernize decades-old rules for radio and television operators and cable, satellite and IPTV (Internet Protocol Television) distributors. The latest decisions are:

Broadcasting Regulatory Policy 2026-96 (the AV Expenditure Decision)², which establishes a modernized Canadian Programming Expenditure (CPE) framework for audio-visual services, as the companion decision to the CRTC’s recent policy to define “Canadian content” for the audio-visual sector³; and

Broadcasting Regulatory Policy 2026-95 (the Discoverability Decision)⁴, which addresses the promotion and overall “discoverability” of Canadian and Indigenous content by audio-visual and audio services, and the long-term support of Canadian services of exceptional importance (SEI).

Each of these decisions is to be finalized and implemented through further consultations, notably to develop tailored conditions of service for regulated businesses⁵.

In this article, we examine the decisions and their implications for regulated broadcasters and online streaming services, with related changes for the overall industry, including for Canadian and Indigenous content creators.

I. The AV Expenditure Decision: Broadcasting Regulatory Policy 2026-96, The Path Forward – Supporting the creation and distribution of Canadian programming in the audio-visual sector – Part 2 – A modernized framework for Canadian programming expenditures

Overview

The CRTC stated that its modernized CPE framework aims to ensure a stable level of contributions to Canadian programming, with combined financial contributions from both online streaming services and traditional broadcasters expected to exceed CA$2 billion⁶. According to the CRTC, this level of funding represents a floor, not a ceiling, and it expects that overall, broadcasting ownership groups will continue to exceed their spending requirements⁷.

Who is subject to CPE requirements

The modernized CPE framework applies to private Canadian broadcasting ownership groups – which we will refer to as “Canadian broadcasters”⁸ – and unaffiliated online broadcasting ownership groups – which we will refer to as “non-Canadian streamers” – operating in Canada whose annual Canadian gross broadcasting revenues (less excluded revenue) are CA$25 million or more at the ownership group level⁹. Ownership groups that do not meet this threshold are no longer subject to CPE requirements¹⁰. CPE requirements do not apply to certain categories of broadcasting undertakings, including public broadcasting undertakings, such as the CBC, and broadcasting distribution undertakings (BDUs), which remain subject to their own distinct contribution obligations.

CPE contribution levels

Not all ownership groups and types of business are in the position to make the same types of investments in Canadian programming. The CRTC stated that among other things, it considered how contributions “can be equitable and respect varying business models,”¹¹ and set contribution requirements of 25% for Canadian broadcasters and 15% for non-Canadian streamers¹². The 5% base contribution requirement for non-Canadian streamers that was established in Broadcasting Regulatory Policy CRTC 2024-121¹³ is captured within the new 15% obligation¹⁴.

Allocation of CPE contributions by size and type

The CRTC established three ownership group revenue levels for the purposes of CPE allocation¹⁵:

• Small broadcasting ownership groups (less than CA$25 million in revenue) are not subject to CPE requirements.
• Medium broadcasting ownership groups (revenues of at least CA$25 million and less than CA$100 million) are given flexibility in how they allocate CPE to direct expenditure (direct investment in Canadian programs, acquisitions of Canadian programming, or Canadian dubbing expenses) and indirect expenditures (contributions to production funds), or a combination of both.
• Large broadcasting ownership groups (CA$100 million or more in revenues) are subject to specific, more structured expenditure requirements.

The CRTC then set specific obligations within the medium and large groups, as follows.

• Large Canadian broadcasters (i.e. large Canadian ownership groups with CA$100 million or more in revenues) will allocate CPE to initiatives that include a new Services of Exceptional Importance Fund (SEIF); enhanced production partnerships with Canadians holding the majority of the copyright in the content (minimum 30%); news programming (minimum 15%); original first-run French-language programming (for French-language undertakings only) (minimum 75%); and Official language minority communities (OLMC) programming¹⁶.
• Large non-Canadian streamers (i.e. large non-Canadian ownership groups with CA$100 million or more in revenues) will be required to allocate CPE to direct expenditures or to initiatives, including: 5% base contribution (generally allocated in accordance with the CRTC’s 2024 base contribution determinations); SEIF contributions; French-language programming, of which at least half must be original first-run programming sourced from enhanced partnerships (minimum 30% - please see below for discussion of these partnerships); enhanced partnerships (minimum 30%), with any underspend to be directed to the Canada Media Fund (CMF); and OLMC programming¹⁷.
• Medium ownership groups (i.e. those with at least CA$25 million but less than CA$100 million in revenues) have more discretion to allocate CPE. Canadian broadcasters are granted full discretion to allocate CPE. Medium non-Canadian streamers must first satisfy the 5% base contribution, with the remaining CPE allocated at their discretion¹⁸.

Discontinuation of Programs of National Interest Framework

The CRTC is ending the Programs of National Interest (PNI) framework that had previously supported the creation of certain kinds of Canadian programming – such as drama – which can be more difficult to produce and monetize. It stated that it made this decision considering recent updates to the definition of "Canadian program”¹⁹ (notably regarding measures that incentivize sharing copyright); the new enhanced partnerships required under the modernized CPE regulatory policy (discussed in the following section); and new measures regarding discoverability and support for services of exceptional importance announced more fully in the Discoverability Decision, Broadcasting Regulatory Policy 2026-95 (discussed further below). The CRTC stated that it will monitor the impacts of these new tools to ensure continued support for diverse genres of programming²⁰.

Enhanced partnerships

One of the three mechanisms displacing the PNI framework is a new requirement for enhanced partnerships with content producers. An enhanced partnership is one with a Canadian independent producer²¹ – or in the case of a non-Canadian streamer, one with either a Canadian broadcaster or a Canadian independent producer – that holds more than 50% of copyright in the program. The CRTC considers that these partnerships will support the monetization of programs, and the growth and viability of partnerships over time²².

The modernized framework calls for large ownership groups to devote at least 30% of their CPE to enhanced partnerships²³, with any underspend to be directed to the CMF²⁴. The CRTC estimates that enhanced partnerships will fund approximately 95% of overall investments in Canadian programming²⁵.

Targeted programming requirements

Programming for official language minority communities

The CRTC has replaced the current 25% CPE expenditure credit for OLMC productions with a direct expenditure guideline²⁶. Large ownership groups are expected to devote 2% of their annual CPE to OLMC programming²⁷, and to make specific commitments to OLMC producers in their tailored conditions of service²⁸. The CRTC also expects to be provided with evidence of discussions with OLMC producers, and production deals or agreements to support the partnerships being made with them²⁹.

French-language programming

The CRTC kept in place the current requirement that French-language services operated by large Canadian broadcasters devote 75% of their annual CPE to original first-run French-language programming³⁰. Large non-Canadian streamers must allocate 30% of their annual CPE to support French-language programming, allocating at least half to original first-run programming³¹, regardless of whether the streamer produces or otherwise offers French-language programming.

Several categories of expenditures count towards the above French-language requirements³²: OLMC programming or contributions to an SEIF fund that specifically supports broadcasting undertakings offering French-language programming of exceptional importance. Non-Canadian streamers can count the portion of their 5% base contributions that a recipient fund allocates to French-language content. 

News programming

The CRTC determined that large Canadian broadcasters are best placed to make the largest investments in creating and broadcasting news with a Canadian perspective on multiple platforms, using their existing infrastructure³³. Large Canadian broadcasters must devote the greater of 15% of the group’s total CPE or its average expenditures on news over the previous three years to producing and presenting news programming³⁴.

The CRTC intends to establish specific French-language news requirements for large Canadian broadcasters following a future public consultation³⁵.

Programming by and for Indigenous peoples

As part of their tailored conditions of service³⁶, large ownership groups will be required to develop measures to create opportunities for producers from Indigenous communities³⁷. Specific CPE allocations toward Indigenous programming are to be discussed at that time³⁸. The CRTC is keeping in place the existing 50% CPE credit for expenditures on Canadian programming produced by Indigenous producers³⁹.

Programming by and for equity-deserving groups

As part of their tailored conditions of service⁴⁰, large ownership groups will be required to develop measures to create opportunities for producers from equity-deserving groups⁴¹. Specific measures to support equity-deserving groups are to be discussed at that time⁴².

Training and capacity-building initiatives

The CRTC will recognize certain limited expenditures on training and capacity-building initiatives as CPE, where large ownership groups clearly demonstrate that the initiatives provide a clear benefit to the system; the spending qualifies as a third-party expenditure; and the spending delivers tangible, measurable outcomes⁴³. The CRTC will determine during the consultations on tailored conditions of service⁴⁴ whether proposed initiatives meet these standards⁴⁵.

Expenditure eligibility

Contributions to the Canada Media Fund

Non-Canadian streamers will no longer have the flexibility to allocate a portion of their 5% base contribution requirements to direct investments in acquiring or producing Canadian programming rather than to the CMF. They must now contribute fully 2% of their CPE to the CMF⁴⁶.

International promotional expenditures

The CRTC declined to allow large ownership groups to count international promotional expenditures toward CPE, stating that this would in most cases capture existing budgets, and risk diluting expenditures on developing and producing Canadian programming⁴⁷. It determined that granting Canadian medium-sized broadcasters a limited promotional expense credit, however, would work as a spending incentive, enhancing the visibility of Canadian programming without reducing those broadcasters’ production-related spending⁴⁸. Accordingly, the CRTC will permit the use of up to 10% of required CPE – only by Canadian medium-sized broadcasters – to support expenditures for the discoverability of Canadian content outside of Canada⁴⁹.

Equity investments

In Public Notice 1993-93⁵⁰, the CRTC took the position that profits from equity investments should count against a broadcasting undertaking's CPE investment, while losses on equity investments could count toward CPE spending⁵¹. In the broader context of the Canadian system for tax credits and the CMF, however, the CRTC found that this deterred Canadian broadcasters from making equity investments in programming they do not produce in-house⁵². Therefore, the CRTC stated that under the future system, any amount spent toward equity investment in a production will count toward CPE⁵³.

Dubbing

Under the current CPE framework, broadcasters have been able to claim their expenses for dubbing a production undertaken in Canada with Canadian resources⁵⁴. The CRTC has updated the eligibility criteria: dubbed programming made available to Canadian audiences must be dubbed in Canada using Canadian human resources to qualify as allowable CPE⁵⁵.

II. The Discoverability Decision: Broadcasting Regulatory Policy CRTC 2026-95 – The Path Forward – Working towards a sustainable Canadian broadcasting system – Part 1 – Discoverability of Canadian and Indigenous content and services, and support for services of exceptional importance

Overall framework for discoverability

Recognizing that there is no current standard or methodology for the “discoverability” – meaning the general availability and visibility – of content across platforms, the CRTC declined to impose industry-wide discoverability requirements, measurements or targets in this decision. Instead, it adopted a four-stage life-cycle approach that is designed to evolve, as follows⁵⁶.

1. Establishing the framework and discoverability outcomes: The CRTC set out broad outcomes to guide decision-making and provide guidance to broadcasting undertakings:
1. Audiences must have access to and be able to easily find and consume a full range of Canadian and Indigenous content and services in French, English and Indigenous languages⁵⁷.
2. Canadian and Indigenous content and services must be prominently and equitably presented and promoted to audiences not confined to Canada-specific silos, but integrated across landing pages, recommendations, categories, carousels and playlists with visibility no less favorable than for comparable non-Canadian services⁵⁸.
3. Broadcasting undertakings must transparently measure the availability, prominence and consumption of Canadian and Indigenous content and services by implementing metrics that are able to capture both the steps they have taken and how those efforts have affected audience engagement⁵⁹.
2. Establishing specific commitments: During the tailored conditions of service process, Canadian broadcasters and non-Canadian streamers will be expected to make concrete commitments, including measuring discoverability activities and working toward measurable targets based on the above outcomes.
3. Monitoring and reporting on commitments: Canadian broadcasters and non-Canadian streamers will be expected to meet commitments, monitor and report on implementation and effectiveness.
4. Periodic review: The CRTC will periodically review the effectiveness of discoverability commitments across the sector and adjust the framework or principles as needed. The first review is expected after three years of measurement and reporting.

Metadata

The CRTC identified a significant gap in the availability of accurate, complete and timely metadata associated with audio-visual and audio content: there is currently no standard set of metrics for tracking and reporting on the availability, discoverability and consumption of content in the online streaming segment of the industry⁶⁰. The CRTC stated that it intends to address this issue by establishing an industry working group for the broadcasting sector focused primarily on metadata and metrics for audio-visual content.⁶¹ Metadata requirements for audio content are to be addressed as part of another ongoing proceeding (initiated by Broadcasting Notice 2025-52⁶²). The CRTC is also developing an open database to identify Canadian music⁶³.

Support for services of exceptional importance

The CRTC is fundamentally restructuring how SEIs will be funded going forward. SEIs are a limited number of Canadian services that the CRTC has previously determined to be of exceptional importance to the broadcasting system⁶⁴, including (e.g.) the Aboriginal Peoples Television Network and the Weather Network. Over the years, the CRTC has required broadcasting distribution undertakings (BDUs) to distribute such services, and in most cases, to pay each service a set wholesale rate⁶⁵. Historically, this approach generated relatively stable revenue for SEIs⁶⁶. In more recent years, however, BDU revenues have declined with the shift to viewing online, eroding the funding base for SEIs⁶⁷.

The CRTC therefore determined that it would establish a Services of Exceptional Importance Fund (SEIF) to ensure the services’ long-term sustainability. All Canadian broadcasters and non-Canadian streamers reporting CA$100 million or more in Canadian revenue in the previous year (at the ownership group level) will be required to contribute 1.55% of their Canadian audio-visual revenues to the SEIF⁶⁸.

The SEIF beneficiaries will be only those services that currently benefit from both distribution on the basic service and a mandated wholesale rate under paragraph 9.1(1)(h) of the Broadcasting Act⁶⁹. The CRTC is to consult on the implementation of the SEIF in the near future. 

The author would also like to thank Bankole Alade, Summer Law Student, for his contributions to this insight.

Footnotes

1 See News Release, "CRTC takes action to support the creation and discoverability of Canadian and Indigenous content" (21 May 2026).]

2 The Path Forward – Supporting the creation and distribution of Canadian programming in the audio-visual sector – Part 2 – A modernized framework for Canadian programming expenditures, 21 May 2026.

3 Broadcasting Regulatory Policy CRTC 2025-299, The Path Forward – Defining “Canadian program” and supporting the creation and distribution of Canadian programming in the audio-visual sector – Part 1 – Certification framework for Canadian programs, artificial intelligence, data collection and publication, and reporting requirements, 18 November 2025. See also Broadcasting Notice of Consultation CRTC 2026-18, Call for comments on proposed Regulations Prescribing Canadian Programs and proposed amendments to the Television Broadcasting Regulations, 1987, the Broadcasting Distribution Regulations, and the Discretionary Services Regulations, 2 February 2026.

4 The Path Forward – Working towards a sustainable Canadian broadcasting system – Part 1 – Discoverability of Canadian and Indigenous content and services, and support for services of exceptional importance, 21 May 2026.

5 As of the date of this article, the CRTC’s Regulatory plan to modernize Canada’s broadcasting framework states that consultations on tailored conditions of service will be held in Fall 2026: https://crtc.gc.ca/eng/industr/modern/plan.htm. 

6 Policy at para 75.

7 Ibid.

8 This group also include Canadian online streaming and on-demand services.

9 Policy at para 2.

10 The threshold requirements are established at the group level rather than at the individual undertaking level, affording each group full flexibility in allocating expenditures across its traditional and online services.

11 Policy at paras 52 and 53.

12 Policy at para 68.

13 The Path Forward – Supporting Canadian and Indigenous content through base contributions – Finalization of conditions of service, 29 August 2024.

14 Policy at para 74.

15 Policy at para 81.

16 Policy at para 87. Under s. 2(1) of the Broadcasting Act, OLMCs are “English-speaking communities in Quebec and French-speaking communities outside Quebec”.

17 Policy at para 89.

18 Policy at para 88 and 90.

19 Supra note 3.

20 Policy at para 115.

21 See Policy at para 131. A "Canadian independent producer" is defined as a Canadian company (carrying on business in Canada, with a Canadian business address, owned and controlled by Canadians) whose business is the production of film, videotape, or live programs for distribution, and in which the operator of the broadcasting undertaking and any company related to the operator owns or controls, directly or indirectly, in aggregate, less than 30% of the equity.

22 Policy at para 129.

23 Policy at para 132.

24 Policy at para 133.

25 Policy at para 129.

26 Policy at para 139.

27 Policy at para 146.

28 Ibid. See also supra note 5.

29 Ibid.

30 Policy at para 161.

31 Policy at paras 164 and 165.

32 Policy at para 169.

33 Policy at para 180.

34 Policy at para 182.

35 Policy at paras 183 and 184.

36 Supra note 5.

37 Policy at para 192.

38 Ibid.

39 Policy at para 193.

40 Supra note 5.

41 Policy at para 202.

42 Ibid.

43 Policy at para 209.

44 Supra note 5.

45 Policy at para 210.

46 Policy at para 213.

47 Ibid.

48 Policy at para 221.

49 Policy at para 222.

50 The Reporting of Canadian Programming Expenditures, 22 June 1993.

51 Policy at para 225.

52 Ibid.

53 Ibid.

54 Policy at para 229.

55 Policy at 234.

56 The Discoverability Decision, supra note 4 at paras 33 and 34.

57 Policy at para 41.

58 Policy at para 42.

59 Policy at para 43.

60 Policy at para 45.

61 Policy at para 56.

62 The Path Forward – Supporting Canadian and Indigenous audio content, 18 June 2025.

63 Policy at para 57.

64 Policy at para 61.

65 Policy at para 62.

66 Ibid.

67 Policy at para 71.

68 See Policy at para 87. When calculating the CA$100 million threshold, Canadian revenues include annual Canadian gross broadcasting revenues plus revenues generated by exempt BDUs, less revenues derived from audiobook services, podcast services, video game services, and revenue associated with user-generated content.

69 Policy at para 89.

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