Author: Anja Karadeglija

The federal broadcast regulator is considering whether it should include a “cultural element” in its new definition of Canadian content.The Canadian Radio-television and Telecommunications Commission (CRTC) is holding a public hearing from May 14-27 in Gatineau, Que., that in part is looking at defining Canadian content.The CRTC has said that while it’s leaning away from including a cultural element in its content test, it’s open to hearing other viewpoints during the two-week hearing.The Public Interest Advocacy Centre said on Tuesday that the CRTC should stick to its current approach, which looks at whether Canadians are employed in key creative positions.The consumers’ group pointed to the United Kingdom, noting it has a special institute to review and assess whether proposed cultural references in a production qualify as “sufficiently British.””We view a potential Canadian application of this approach, or any other cultural elements test, where a small group of people would be attempting to objectively define what and who is culturally Canadian, as being highly problematic,” the advocacy centre said in a written copy of its opening statement at the hearing.WATCH | Acclaimed Canadian movies struggle at box office:Canadian films win awards but struggle at the box office12 months agoDuration 2:03Canadian filmmakers say they’re struggling at the box office despite getting international recognition. They say delays to the Online Streaming Act that will force streamers to promote Canadian content are adding to their troubles.It also warned that production companies could exploit Canadian stereotypes to get around any “cultural element” test.”An American portrayal of how a Canadian character would speak or behave, for example, cannot be considered Canadian content,” it said. “It is merely a representation of the American cultural view of Canada.”The broadcast regulator has heard from others during the hearing who are in favour of including culture in the modernized definition of CanCon.The National Film Board, which appeared Friday, has argued that now is the time to include cultural elements in the definition of Canadian content.It said in its prior written submission that not having a cultural element in the definition could result in harmful long-term consequences and risks erasing “what makes us who we are.”The film board pointed to cultural tests used in countries such as Australia, France, Italy and Britain.”These countries employ cultural elements alongside other criteria, such as nationality of key creative roles and ownership,” the NFB said. It said those cultural elements include social or political relevance, how the way of life is depicted and recognizable locations or figures, among others.”Our national screen culture has long operated on a definition of ‘CanCon’ that has excluded cultural elements. This approach has contributed to Canadians’ inability to recognize when a story is of us,” the NFB submission said.

A group representing major foreign streaming companies told a hearing held by Canada’s broadcasting regulator on Friday that those companies shouldn’t be expected to fulfil the same responsibilities as traditional broadcasters when it comes to Canadian content.The Motion Picture Association-Canada, which represents large streamers like Netflix, Paramount, Disney and Amazon, said the regulator should be flexible in modernizing its definition of Canadian content.The Canadian Radio-television and Telecommunications Commission (CRTC) is holding a two-week public hearing on a new definition of Canadian content that began Wednesday. The proceeding is part of its work to implement the Online Streaming Act — and it is bringing tensions between traditional players and large foreign streamers out in the open.In a written copy of the statement being made at the hearing, MPA-Canada argued the Online Streaming Act, which updated broadcasting laws to capture online platforms, sets a lower standard for foreign online services.Cancon funding debated”The contribution standard applied to Canadian broadcasters is much greater and reflects their existing obligations,” the group said in its opening remarks.”This difference was intentional as Parliament rejected calls to impose the same standard because ‘it is just not realistic’ to expect foreign online undertakings operating in a global market to contribute in the same way as Canadian broadcasters.”MPA-Canada said the CRTC shouldn’t impose “any mandatory positions, functions or elements of a ‘Canadian program”‘ on global streaming services.While the hearing is focused on the definition of Canadian content, the CRTC has also heard debate about financial contributions.Canadian media company Corus suggested that Cancon funding requirements be eased on broadcasters, and that streamers follow the same rule.