Order Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework) (SOR/2023-239)

Interpretation

Marginal note:Definitions

1 The following definitions apply in this Order.

Act

Act means the Broadcasting Act. (Loi)

social media creator

social media creator means a person who creates programs that are primarily intended for online distribution as user-uploaded programs through social media services. (créateur pour les médias sociaux)

Marginal note:Diversity among Indigenous peoples

2 In applying this Order, the Commission is directed to consider the diversity among Indigenous peoples.

General

Marginal note:Meaningful participation of Indigenous persons

3 In furtherance of the objectives of the United Nations Declaration on the Rights of Indigenous Peoples, the Commission is directed to support the meaningful participation of Indigenous persons in the Canadian broadcasting system, including by supporting

• (a) their ability to create and produce a wide range of programs;

• (b) access to those programs; and

• (c) their ownership and control of broadcasting undertakings.

Marginal note:Supporting Canadian programming

4 The Commission is directed to impose requirements on broadcasting undertakings that ensure that the Canadian broadcasting system — which is to be effectively owned and controlled by Canadians and includes foreign broadcasting undertakings that provide programming to Canadians — strongly supports a wide range of Canadian programming and Canadian creators. The requirements, both financial and non-financial, must be equitable given the size and nature of the undertaking and equitable as between foreign online undertakings and Canadian broadcasting undertakings.

Marginal note:Community broadcasters and broadcasters of exceptional importance

5 The Commission is directed to consider how to foster collaboration and encourage innovation by, and support the sustainability of, community broadcasters and broadcasting undertakings that are of exceptional importance to the achievement of the objectives of the broadcasting policy set out in subsection 3(1) of the Act.

Regulation

Marginal note:Discoverability and showcasing

6 The Commission is directed to consider both established and emerging means of discoverability and showcasing to promote a wide range of Canadian programming. In making regulations or imposing conditions in respect of discoverability and showcasing requirements, the Commission is directed to prioritize outcome-based regulations and conditions that minimize the need for broadcasting undertakings to make changes to their computer algorithms that impact the presentation of programs.

Marginal note:Accessibility

7 The Commission is directed to regulate and supervise the Canadian broadcasting system with a view to supporting the provision of programming that is accessible without barriers to persons with disabilities.

Marginal note:Flexible and adaptable regulatory framework

8 To support flexibility and adaptability in its regulatory framework, the Commission is directed to

• (a) where appropriate, minimize the regulatory burden on the Canadian broadcasting system;

• (b) avoid disruptions to programs and undertakings to which the Act does not apply;

• (c) respect audience choice and, where possible, increase the options available;

• (d) where appropriate, use tools that are based on incentives and outcomes;

• (e) where appropriate, use digital tools and solutions;

• (f) consider other Canadian or foreign regulatory regimes that affect online undertakings; and

• (g) where appropriate, foster collaboration between Canadian and foreign broadcasting undertakings.

Marginal note:Use of Canadian human resources

9 In its regulation of the Canadian broadcasting system, the Commission is directed to ensure that the system maximizes the use of Canadian creative and other human resources in the creation, production and presentation of programming in the Canadian broadcasting system, taking into account the effects of broadcasting undertakings, including online undertakings, on economic opportunities and remuneration for Canadian creators.

Marginal note:Social media creators and video games

10 The Commission is directed not to impose regulatory requirements on

• (a) online undertakings in respect of the programs of social media creators, including podcasts; and

• (b) broadcasting undertakings in respect of the transmission of video games.

Marginal note:Regulations — section 4.2 of the Act

11 In exercising its powers under section 4.2 of the Act, the Commission is directed to set out clear, objective and readily ascertainable criteria, including criteria that ensure that the Act only applies in respect of programs that have been broadcast, in whole or in significant part, by a broadcasting undertaking that is required to be carried on under a licence or that is required to be registered with the Commission but does not provide a social media service.

Marginal note:Regulations and orders — section 11.1 of the Act

12 In exercising its powers under section 11.1 of the Act, the Commission is directed to

• (a) regularly review expenditure requirements to ensure that they are proportional to their objectives and that those objectives are clear;

• (b) recognize the diversity of services provided by broadcasting undertakings;

• (c) consider providing flexibility for all broadcasting undertakings in meeting expenditure requirements;

• (d) consider demographic data — including that concerning the participation in the Canadian broadcasting system of members of equity-seeking and ethnocultural groups, including Black or other racialized communities — collected from various sources, including broadcasting undertakings, industry organizations, production funds certified by the Commission and information published under the Employment Equity Act;

• (e) where appropriate for a given business model and set of objectives, prioritize the imposition of requirements to make expenditures directly on the creation, production and presentation of Canadian programming;

• (f) ensure that expenditure requirements support the creation and availability of programming in French, in recognition of the minority context of French in Canada and North America and the specific challenges involved with creating and making available original French language programming;

• (g) ensure that expenditure requirements support the creation and availability of programming

  • (i) by Indigenous creators and broadcasting undertakings, including programming distributed by Indigenous broadcasting undertakings and programming in Indigenous languages, taking into consideration the importance of reconciliation with Indigenous peoples and the challenges and obstacles that they face, including those stemming from historical injustices or the legacies of colonialism,

  • (ii) by creators who are members of equity-seeking and ethnocultural groups, including Black or other racialized communities, taking into consideration the challenges and obstacles that they face, including systemic racism and the obstacles faced by those whose first language is not an official language, and

  • (iii) in both official languages, including programming by creators from official language minority communities, taking into consideration the challenges and obstacles faced by those creators;

• (h) consider the need for sustainable and predictable funding to support participation by persons, groups of persons or organizations representing the public interest in proceedings before the Commission under the Act;

• (i) support broadcasting undertakings that offer programming services that are of exceptional importance to the achievement of the broadcasting policy set out in subsection 3(1) of the Act;

• (j) consider the importance of sustainable support by the entire Canadian broadcasting system for news and current events programming, including a broad range of original local and regional news and community programming; and

• (k) support activities and services — including training and development activities, conferences, the activities of organizations that represent creators and the development of digital and open-source tools and solutions — that support and promote Canadian creators of audio or audio-visual programs for broadcasting by broadcasting undertakings, including social media creators.

Marginal note:Determination of Canadian programming

13 In its determination of what constitutes Canadian programming, the Commission is directed to

• (a) consult Canadians, the creative and production sectors and other interested parties;

• (b) support Canadians holding a broad range of key creative positions, in particular those with a high degree of creative control or visibility;

• (c) support Canadian ownership of intellectual property;

• (d) recognize the distinctions between broadcasting undertakings that distribute audio programs and those that distribute audio-visual programming;

• (e) recognize that the Act applies to foreign broadcasting undertakings;

• (f) consider, as it relates to audio-visual programming, the vital role of Canadian independent producers and of the Canadian creative resources that are being used by both Canadian and foreign broadcasting undertakings; and

• (g) consider whether its determination of what constitutes a Canadian program complements other Canadian content policies that are applicable to the Canadian broadcasting system, including those pertaining to audio-visual tax credits or government funding.

Engagement

Marginal note:Indigenous peoples

14 In its regulation of the Canadian broadcasting system, the Commission is directed to engage with Indigenous peoples and Indigenous partners, governing bodies, broadcasters, creators, producers, industry organizations and community members and, in doing so, collaborate with relevant federal departments where possible to solicit comments on, among other things,

• (a) how to best support Indigenous broadcasting undertakings to help ensure the viability of the Indigenous broadcasting sector;

• (b) the use of regulatory conditions that foster the success of business models that provide and reflect Indigenous perspectives;

• (c) how to support the discoverability of programs by Indigenous creators;

• (d) the most appropriate tools, including funding mechanisms, for supporting Indigenous storytelling and production as well as Indigenous-led organizations that could manage and be responsible for that support; and

• (e) the measures that are necessary to ensure its regulatory approach is in furtherance of the objectives of the United Nations Declaration on the Rights of Indigenous Peoples and supports narrative sovereignty in the Canadian broadcasting system.

Marginal note:Equity-seeking and ethnocultural groups

15 In its regulation of the Canadian broadcasting system, the Commission is directed to engage with members of equity-seeking and ethnocultural groups, including Black or other racialized communities, to solicit comments regarding

• (a) the most appropriate tools, including funding mechanisms, to support those groups; and

• (b) the development of a framework of measurable targets to support the creation, availability and discoverability of programming made by and broadcasting undertakings carried on by members of those groups.

Marginal note:Official language minority communities

16 The Commission is directed to engage with official language minority communities to solicit comments regarding the creation of and access to programming by and for those communities, including with respect to funding, distribution and discoverability.

Marginal note:Participation support

17 The Commission is directed to consider how to make the participation in the engagements referred to in sections 14 to 16 as accessible as possible.

Information and Implementation

Marginal note:Information — achievement of policy objectives

18 The Commission is directed to provide information to the public on a periodic basis regarding the progress made in achieving the objectives of the broadcasting policy set in subsection 3(1) of the Act, including progress on the inclusion and participation of Indigenous persons, members of official language minority communities and members of equity-seeking groups and ethnocultural groups in the Canadian broadcasting system.

Marginal note:Implementation

19 The Commission is directed to make any changes to its regulatory framework that are necessary for the purposes of the implementation of this Order within two years after the day on which it comes into force. In doing so, the Commission is directed to prioritize the implementation of sections 13 to 16 and to ensure that any changes to its regulatory framework are made as soon as feasible and on a continual basis during that two-year period.

Coming into Force

Marginal note:Registration

20 This Order comes into force on the day on which it is registered.