CRTC Releases New Definition of “Canadian program”

On November 18, 2025, the Canadian Radio-television and Telecommunications Commission (CRTC) released a regulatory policy which introduces a new definition of a "Canadian program” for CRTC regulatory purposes. Broadcasting Regulatory Policy CRTC 2025-299 (the "Policy”), entitled The Path Forward – Defining "Canadian program” and supporting the creation and distribution of Canadian programming in the audio-visual sector, updates and modernizes the former CRTC definition of a "Canadian program” by establishing several new certification requirements. It also addresses artificial intelligence (AI), data collection, and publication and reporting requirements. The key issue of the minimum Canadian programming expenditure (CPE) requirements for respective online undertakings and broadcasters will be addressed in a future CRTC regulatory policy.

The Policy forms part of a broader effort by the CRTC to implement the Online Streaming Act (formerly Bill C-11), which amended the Broadcasting Act (the "Act”), effective April 27, 2023, by requiring the CRTC to modernize the Canadian broadcasting system and ensure that online streaming services, including foreign-owned services, support Canadian and Indigenous content.

Highlights of the Policy are set out below.

New Definition of "Canadian Program”

According to the CRTC, the new definition of a "Canadian program” in the Policy includes the following key elements:

• Uses a system that awards points for key creative roles filled by Canadians and requires production and post-production spending in Canada.
• Recognizes a broader range of creative roles that contribute to Canadian productions, including positions such as showrunners, heads of departments responsible for costume design, make-up artists and hair artists, and visual effects directors and special effects directors, alongside existing roles like directors, scriptwriters and lead voice performers.
• Introduces bonus points for specific types of content, such as programs based on Canadian books.
• Reflects modern production realities, acknowledging the many ways artists contribute to the creative process while ensuring that key creative roles remain in Canadian hands.
• Clarifies that key creative positions used to qualify as Canadian content (such as the director and screenwriter) should be held by humans, not artificial intelligence.
• Streamlines reporting requirements for certified productions, as part of the CRTC’s ongoing efforts to reduce regulatory burden on the industry.
• Requires collaboration between foreign streaming services and Canadian companies, ensuring that at least 20 percent of ownership rests with a Canadian partner and that a higher proportion of key creative positions are held by Canadians.¹

No Impact on Existing Canadian Film Tax Credit or Canada Media Fund Requirements

Notably, the Policy only applies to the CRTC Canadian program certification process, and it does not affect any of the existing requirements for:

1. The Canadian film or video production tax credit (CPTC) administered by the Canadian Audio-visual Certification Office and Canada Revenue Agency or the counterpart BC, Ontario, and Quebec provincial "Canadian content” film tax credits administered by Creative BC, Ontario Creates and SODEC, the requirements for which are set out in Canadian federal and provincial tax legislation; or
2. The Canada Media Fund (CMF), the requirements for which are set out in the CMF Guidelines.

By way of example, while the minimum copyright ownership requirement for a Canadian producer for a "Canadian program” under the Policy is 20%, a Canadian producer would only be eligible for the CPTC if it owns 100% of the copyright. Likewise, while under the Policy the points test for a "Canadian program” has been expanded to up to 17-18 potential points, both the CPTC and CMF points tests remain based on the traditional 10-point system.

New Potential Points Added to Former Canadian Points Test

The CRTC has expanded the list of eligible Canadian creative personnel who can be accorded points, including new optional points for a Canadian "Showrunner”, "Heads of Costume Design, Make-Up and Hair”, "VFX/Special Effects Director”, and "Camera Operator” or "Virtual Camera Operator” and also introduced three new "bonus points” for prescribed Canadian "key creative elements” (namely, Canadian musical works, Canadian written works, and Canadian characters and settings), so that there is now a maximum of 17 possible points for a live action production and 18 possible points for an animation production. Please see the summary of the new CRTC points tests for live action and animation productions below:

The CRTC’s former "Canadian program” definition did not expressly require Canadian copyright ownership. However, under the Policy, Canadian copyright ownership is now a key factor for certification.

The Policy refers to three different levels of Canadian copyright ownership, namely:  

(A)  100% Canadian;

(B)  majority Canadian (i.e., more than 50%); and

(C)  minority Canadian (i.e., 20%-50%).  

The Policy requires a minimum 20% for Canadian copyright ownership as well as the involvement of a Canadian producer regardless of its level of copyright ownership. However, as indicated below, the required levels and content of Canadian key creative positions differ under these distinct copyright ownership scenarios.

Prescribed Minimum Percentage of Points Threshold Required Based on Level of Canadian Copyright Ownership

Under the Policy, there is no longer a prescribed minimum number of points which must be attained (for example, no less than 6 out of 10 points). Rather, there is now a prescribed minimum percentage threshold of the available points which is required based on the level of Canadian copyright ownership, namely, 80%, where the Canadian producer or broadcaster owns 20%-50% of the copyright in the production and 60%, where the Canadian producer or broadcaster owns over 50% and up to 100%, of the production.

Please see the excerpt from Appendix 1 to the Policy below regarding the new minimum percentage thresholds based on the respective levels of Canadian copyright ownership²:

4. Canadian copyright ownership and the minimum percentage thresholds

4.1. Requirements based on Canadian copyright ownership levels

Tables 3, 4 and 5 below set out various requirements of the certification framework under three different levels of Canadian copyright ownership in a program.

Table 3 – Canadian copyright ownership in the program: 100%

Requirement	Live action productions	Animated productions
Requirement	Live action productions	Animated productions
Minimum percentage threshold (includes bonus points)	Not less than 60% of the maximum number of points possible for the production.
Mandatory Canadian positions and functions	Director OR Screenwriter AND First Lead Performer (or first voice) OR Second Lead Performer (or second voice)	Director OR Scriptwriter and Storyboard Supervisor AND First Voice (or first lead performer) OR Second Voice (or second lead performer) AND Key Animation AND Camera Operator or Virtual Camera Operator
Canadian producer(s)	All persons occupying producer, co-producer, line producer and production manager roles must be Canadian (foreign courtesy credits for non-Canadians occupying producer-related roles, which are available under certain conditions, are discussed below).

Table 4 – Canadian copyright ownership in the program: More than 50% and less than 100%

Requirement	Live action productions	Animated productions
Requirement	Live action productions	Animated productions
Minimum percentage threshold (includes bonus points)	Not less than 60% of the maximum number of points possible for the production.
Mandatory Canadian positions and functions	Director OR Screenwriter AND First Lead Performer (or first voice) OR Second Lead Performer (or second voice)	Director OR Scriptwriter and Storyboard Supervisor AND First Voice (or first lead performer) OR Second Voice (or second lead performer) AND Key Animation AND Camera Operator or Virtual Camera Operator
Canadian producer(s)	Not less than 50% of persons occupying producer, co-producer, line producer and production manager and producer-related roles must be Canadian. AND The production must be produced by a Canadian production company that has no less than equal measure of decision-making responsibility with partners on all creative elements of the production.

Table 5 – Canadian copyright ownership in the program: Not less than 20% and not more than 50%

Requirement	Live action productions	Animated productions
Requirement	Live action productions	Animated productions
Minimum percentage threshold (includes bonus points)	Not less than 80% of the maximum number of points possible for the production.
Mandatory Canadian positions and functions	Director AND Screenwriter AND First Lead Performer (or first voice) OR Second Lead Performer (or second voice)	Director AND Scriptwriter and Storyboard Supervisor AND First Voice (or first lead performer) OR Second Voice (or second lead performer) AND Key Animation AND Camera Operator or Virtual Camera Operator
Canadian producer(s)	Not less than 50% of persons occupying producer, co-producer, line producer and production manager and producer-related rolesFootnote92 must be Canadian. AND The production must be produced by a Canadian production company that has no less than equal measure of decision-making responsibility with partners on all creative elements of the production.

 

To illustrate how the foregoing works, below are a few examples from the Policy:³

32.A live action production that uses the key creative positions of Director (2 points), Screenwriter (2 points), First Lead Performer (1 point), Second Lead Performer (1 Point), Director of Photography (1 point), Music Composer (1 point) and Picture Editor (1 point) would be awarded a perfect score of 9 out of 9 points if all of the key creative positions used are filled by Canadians. However, if only the Director (2 points), Screenwriter (2 points) and First Lead Performer(1 point) positions are filled by Canadians (and the other key creative positions are filled by non- Canadians), the production would be awarded 5 out of 9 points. This production would therefore achieve a percentage threshold of 55.6% and would not qualify and be certified as a Canadian program as it would not meet the minimum percentage threshold of 60%.

33.By contrast, if a Canadian filled the position of Music Composer (1 point) in this same production, it would be awarded 6 out of 9 points, or 66.7%, thereby meeting the minimum percentage threshold for certification

34.Another example is a production with fewer key creative positions that allow for a maximum of 4 points in total. In this case, the number of Canadians filling these positions must be sufficient to achieve 3 out of 4 points (75%), which exceeds the 60% threshold. Similarly, for a larger-scale production with a total of 12 points available, the number of Canadians filling key creative positions must be sufficient to achieve 8 out of 12 points (66.7%).

Canadian Tax Considerations

The Policy contemplates a Canadian producer or broadcaster potentially co-owning the copyright in a "Canadian program”. However, it does not consider the Canadian tax implications. In particular, if a production which is co-owned by a Canadian producer or broadcaster is ineligible for the CPTC, under Canada’s Income Tax Act, it will likewise be ineligible for the accelerated capital cost allowance (i.e., depreciation) rate, which is only available to a CPTC-eligible production. This may potentially result in adverse tax consequences for the Canadian producer or broadcaster, and it is recommended that a qualified Canadian accountant be consulted.

Use of AI in Canadian Programming

Under the Policy, AI can be used as a tool to assist in the creation of Canadian programs, however, humans must exercise ultimate creative control in producing programs.

Data Collection and Publication

The Policy requires both online undertakings and traditional broadcasters or broadcasting ownership groups, with annual Canadian gross broadcasting revenues above $25M to publicly disclose aggregated financial data, including revenues and CPE. The CRTC will publish such financial information, including CPE data, aggregated at the entity level, beginning with data collected for the 2025-2026 broadcast year.

New Reporting Requirements

Starting in the 2025-2026 broadcast year, the CRTC will collect information regarding persons in key creative positions who self-identify as members of equity-deserving groups (i.e., people with disabilities, individuals who identify as BIPOC, Indigenous or 2SLGBTQI+, and women). As well, annual production reports must be filed by online undertakings and broadcasters with annual Canadian gross broadcasting revenues of $25M or more.

Going Forward

The Policy does not address the minimum "spend” requirements (i.e., CPE) of either online undertakings or traditional broadcasters. The CRTC plans to address this in a separate regulatory policy to be released soon.

In terms of the timing for the new Policy to come into force, the CRTC will issue a notice of consultation soliciting comments on proposed new regulations defining "Canadian program” based on the Policy and related amendments to the Television Broadcasting Regulations, 1987 and to the Discretionary Services Regulations. Until these new regulations come into force, the current CRTC Canadian program certification process will continue to apply, but applicants may opt to be evaluated under the new "Canadian program” definition, in which case the application will be put on hold until the new regulations come into force.

For any questions regarding the Policy or the foregoing, please contact any member of our Entertainment Law Group.

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