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Ottawa orders CRTC review of streamer spending rules, citing consumer cost

Click to play video: 'Ottawa orders review of CRTC Canadian content policy'
Ottawa orders review of CRTC Canadian content policy
RELATED: Conservatives demand Liberals put an end to CRTC’s 'Netflix tax' as streaming prices increasing

Ottawa is directing the CRTC to back down on its recent decision to triple streamers’ financial contributions to Canadian content, and will instead provide $600 million to the sector, Culture Minister Marc Miller said Wednesday.

The decision comes after the Motion Picture Association, the U.S. group representing streamers, called on cabinet to reconsider the current approach and the U.S. ambassador to Canada called for the policy to be rescinded.

The CRTC said in May it would require large streaming services like Netflix to contribute 15 per cent of their Canadian revenues to Canadian content. It made the decision as part of its work to implement the Online Streaming Act.

Click to play video: 'Conservatives demand Liberals put an end to CRTC’s ‘Netflix tax’ as streaming prices increasing'
Conservatives demand Liberals put an end to CRTC’s ‘Netflix tax’ as streaming prices increasing

Asked whether the decision is another concession to the U.S., Prime Minister Mark Carney said Wednesday the government was looking at how much the new policy would cost Canadians.

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“It is another step to reinforce affordability for Canadians. This is not the time to raise the costs for Canadians,” he said.

The government said in a press release the CRTC’s “new requirements would impose new costs on the companies providing these services, which could ultimately fall on Canadian consumers through higher prices.”

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Miller told reporters on Parliament Hill the fact that the U.S. has identified the Online Streaming Act as a trade irritant wasn’t the only reason the government asked the CRTC to change course.

“It’s no secret to anyone that’s been paying any attention to this that the USTR has identified these issues as a trade issue. It would be disingenuous to suggest that this is the single issue,” he said.

“The reality is we’re impatient to make sure that the sector stays vital and stays supported, and that’s why we’re making that investment of $600 million into the industry.”

Miller said the industry is suffering while money for Canadian content is frozen in litigation.

Click to play video: 'CRTC orders Netflix, Apple TV to boost Canadian content spending'
CRTC orders Netflix, Apple TV to boost Canadian content spending

In 2024, the CRTC made an initial order under the Online Streaming Act requiring large streaming companies to pay five per cent of their annual Canadian revenues to funds devoted to producing Canadian content, including local TV news.

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The Federal Court of Appeal put a pause on the payments — which are estimated at roughly $1.25 million annually per company — and has not yet issued a decision.

It’s not clear what the government’s announcement Wednesday means for two years’ worth of decisions the CRTC has made to implement the Online Streaming Act under the previous policy direction.

Under the Broadcasting Act, cabinet does not have the authority to overturn the specific decision on streamers’ contributions. It must instead direct the CRTC on how to broadly implement the Online Streaming Act.

The government said Wednesday Ottawa will issue a new policy direction to the CRTC to adjust how it is implementing the Online Streaming Act.

Click to play video: 'Streaming companies are asked to contribute more for Canadian content'
Streaming companies are asked to contribute more for Canadian content

Monica Auer, a lawyer and executive director of the Forum for Research and Policy in Communications, has told The Canadian Press that if cabinet wants to issue a policy direction saying the CRTC shouldn’t implement the decision on streamers’ financial contributions, it has to first cancel its 2023 order directing the commission on how to implement the Online Streaming Act.

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The work the CRTC has done since 2023 to implement the Online Streaming Act has happened under that previous policy direction.

Kyle Irving, chair of the board of the Canadian Media Producers Association said in a statement, the board was still reviewing the development, but “we are concerned that the federal government has sold out Canadian culture in favour of big U.S. tech interests.”

Irving said the question that must be asked is whether U.S. streamers, who make “tens of billions” from Canadians, should be required to invest in Canadians telling Canadian stories.

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