BROADCASTING ACTOrder Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework)P.C.2023-1125202311
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Whereas the Minister of Canadian Heritage has, in accordance with subsection 7(6) of the Broadcasting Acta, consulted with the Canadian Radio-television and Telecommunications Commission;S.C. 1991, c. 11Whereas, in accordance with paragraph 8(1)(a) of that Act, the Minister had a copy of the proposed Order Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework), substantially in the annexed form, published in the Canada Gazette, Part I, on June 10, 2023 and the period given to interested persons to make representations has ended;And whereas, in accordance with paragraph 8(1)(b) of that Act, the Minister had a copy of the proposed Order laid before each House of Parliament;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, makes the annexed Order Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework) under subsection 7(1) of the Broadcasting Acta.InterpretationDefinitionsThe following definitions apply in this Order.Act means the Broadcasting Act. (Loi)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)Diversity among Indigenous peoplesIn applying this Order, the Commission is directed to consider the diversity among Indigenous peoples.GeneralMeaningful participation of Indigenous personsIn 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 supportingtheir ability to create and produce a wide range of programs;access to those programs; andtheir ownership and control of broadcasting undertakings.Supporting Canadian programmingThe 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.Community broadcasters and broadcasters of exceptional importanceThe 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.RegulationDiscoverability and showcasingThe 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.AccessibilityThe 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.Flexible and adaptable regulatory frameworkTo support flexibility and adaptability in its regulatory framework, the Commission is directed towhere appropriate, minimize the regulatory burden on the Canadian broadcasting system;avoid disruptions to programs and undertakings to which the Act does not apply;respect audience choice and, where possible, increase the options available;where appropriate, use tools that are based on incentives and outcomes;where appropriate, use digital tools and solutions;consider other Canadian or foreign regulatory regimes that affect online undertakings; andwhere appropriate, foster collaboration between Canadian and foreign broadcasting undertakings.Use of Canadian human resourcesIn 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.Social media creators and video gamesThe Commission is directed not to impose regulatory requirements ononline undertakings in respect of the programs of social media creators, including podcasts; andbroadcasting undertakings in respect of the transmission of video games.Regulations — section 4.2 of the ActIn 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.Regulations and orders — section 11.1 of the ActIn exercising its powers under section 11.1 of the Act, the Commission is directed toregularly review expenditure requirements to ensure that they are proportional to their objectives and that those objectives are clear;recognize the diversity of services provided by broadcasting undertakings;consider providing flexibility for all broadcasting undertakings in meeting expenditure requirements;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;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;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;ensure that expenditure requirements support the creation and availability of programmingby 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,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, andin both official languages, including programming by creators from official language minority communities, taking into consideration the challenges and obstacles faced by those creators;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;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;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; andsupport 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.Determination of Canadian programmingIn its determination of what constitutes Canadian programming, the Commission is directed toconsult Canadians, the creative and production sectors and other interested parties;support Canadians holding a broad range of key creative positions, in particular those with a high degree of creative control or visibility;support Canadian ownership of intellectual property;recognize the distinctions between broadcasting undertakings that distribute audio programs and those that distribute audio-visual programming;recognize that the Act applies to foreign broadcasting undertakings;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; andconsider 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.EngagementIndigenous peoplesIn 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,how to best support Indigenous broadcasting undertakings to help ensure the viability of the Indigenous broadcasting sector;the use of regulatory conditions that foster the success of business models that provide and reflect Indigenous perspectives;how to support the discoverability of programs by Indigenous creators;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; andthe 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.Equity-seeking and ethnocultural groupsIn 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 regardingthe most appropriate tools, including funding mechanisms, to support those groups; andthe 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.Official language minority communitiesThe 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.Participation supportThe 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 ImplementationInformation — achievement of policy objectivesThe 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.ImplementationThe 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 ForceRegistrationThis Order comes into force on the day on which it is registered.