Liberals say they can’t ‘reject’ rules tripling streamers’ contributions

May 29, 2026 - 00:20
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Liberals say they can’t ‘reject’ rules tripling streamers’ contributions

Liberals Insist They Cannot Override CRTC Rules Tripling Streaming Services’ Contributions to Canadian Content

Conservatives Launch Parliamentary Challenge to Broadcasting Regulator’s Order

The House of Commons is set for a heated debate this week after Conservative MPs introduced a motion demanding that cabinet reject the Canadian Radio-television and Telecommunications Commission’s latest contribution requirements under the Online Streaming Act. The CRTC decision, issued in late September, raises the annual financial obligations of foreign streaming platforms from approximately 5 percent of Canadian revenues to as much as 15 percent, effectively tripling the amounts directed toward domestic programming funds. Liberal ministers have responded that they lack the legal authority to overturn an independent regulator’s ruling, framing the motion as an attempt to politicize broadcasting policy.

Background on Bill C-11 and the Shift to Streaming Regulation

The Online Streaming Act, formerly Bill C-11, received royal assent in June 2023 after months of committee hearings and amendments. The legislation modernizes the 1991 Broadcasting Act by explicitly bringing online undertakings under CRTC jurisdiction. Prior to the Act, traditional broadcasters such as CTV and Global contributed roughly 30 percent of revenues to Canadian programming through tangible benefits and levy schemes. Streaming services, by contrast, operated under a lighter framework that relied on voluntary investments. The CRTC’s September order marks the first time quantitative contribution levels have been imposed on platforms including Netflix, Disney+, Prime Video, Spotify, and Apple Music.

Department of Canadian Heritage data released alongside the order projects that the new regime will generate between $200 million and $260 million annually once fully phased in by 2026. These funds are to be allocated through existing mechanisms such as the Canada Media Fund and newly created certified independent production funds. Heritage Minister Pascale St-Onge has emphasized that the policy aims to level the playing field between legacy broadcasters and digital entrants while preserving Canadian storytelling in both official languages and Indigenous languages.

Details of the CRTC Contribution Order

The regulator’s 42-page decision outlines a two-tier structure. Platforms with Canadian revenues exceeding $25 million must contribute 5 percent of those revenues to production funds immediately, rising to 10 percent in year two and 15 percent by year three. A separate 2 percent levy on revenues will support discoverability initiatives and data reporting. The Commission rejected calls from some streamers for credits tied to existing Canadian content spend, arguing that such offsets would undermine the policy’s intent. Netflix alone faces an estimated additional obligation of $40 million per year once the 15 percent rate applies.

CRTC chairperson Vicky Eatrides stated during a press conference that the percentages reflect extensive economic modelling of both traditional and online sectors. “We examined audited financial statements from more than 40 undertakings,” Eatrides said. “The evidence demonstrated that streaming platforms can sustain higher contributions without jeopardizing service quality or subscriber growth in Canada.”

Conservative Motion and Parliamentary Dynamics

Conservative Heritage critic Rachael Thomas introduced the motion on October 8, calling on the government to “direct the CRTC to rescind or substantially revise” the contribution order. Thomas argued during question period that the increases will raise subscription prices for Canadian households already facing inflation pressures. “Families are paying enough for streaming services,” she said. “This tax will simply be passed on to consumers.” The motion also requests a full parliamentary review of the Online Streaming Act within six months.

With the Liberals holding a minority government, the motion’s fate depends on support from the NDP or Bloc Québécois. NDP MP Peter Julian has indicated his party remains supportive of the contribution framework but wants stronger guarantees for independent producers. Bloc members have signaled openness to the Conservative motion if language protections are strengthened.

Liberal Position on Regulatory Independence

Minister St-Onge and Innovation Minister François-Philippe Champagne have both stated publicly that cabinet cannot “reject” the CRTC order. Under the Broadcasting Act, the Governor in Council may only issue policy directions of general application; it cannot interfere in specific licensing or contribution decisions. Government lawyers briefed reporters last week that any attempt to override the September order would expose the decision to successful judicial review.

“The CRTC is an arm’s-length tribunal,” St-Onge told reporters on Parliament Hill. “Its independence is fundamental to the credibility of our regulatory system. We respect that independence even when we disagree with outcomes.” The minister added that the government retains the option to appeal specific aspects of the decision to the Federal Court of Appeal, though no such appeal has been filed.

Industry and Expert Perspectives

Streaming industry representatives have warned of reduced investment in Canadian productions. A joint letter from Netflix, Disney, and Warner Bros. Discovery to the CRTC prior to the decision estimated that the higher contributions could lead to a 12 percent reduction in original Canadian commissioning over three years. The companies declined further comment following the order.

University of Ottawa law professor Michael Geist, who testified against aspects of Bill C-11, described the contribution levels as “among the highest in the developed world.” Geist noted that comparable obligations in the European Union rarely exceed 10 percent and often include generous offsets for local spend. Conversely, University of Toronto professor Ira Wagman praised the decision for finally addressing decades of regulatory asymmetry. “Traditional broadcasters have carried Canadian content obligations for generations,” Wagman said. “It is time digital platforms contributed proportionally.”

Potential Impacts on Consumers and Content Creation

Consumer advocacy group OpenMedia has projected that the cost increases could average $2–$4 per month per service once fully implemented. The group’s analysis assumes streamers will pass through 60 percent of the new obligations. Meanwhile, independent producers anticipate greater access to stable financing, particularly for French-language and regional productions outside Toronto and Vancouver.

Statistics Canada data shows that Canadian screen-based media employment reached 184,000 jobs in 2023, with digital production representing the fastest-growing segment. The new funds are expected to support an additional 1,200 full-time equivalent positions annually once disbursed, according to a Canada Media Fund economic impact study commissioned by Heritage.

Broader Political and Policy Implications

The clash highlights ongoing tensions between regulatory independence and parliamentary accountability in Canadian cultural policy. Conservative strategists view the motion as an opportunity to portray Liberals as out of touch with household affordability concerns ahead of the next election. For the government, defending the CRTC’s autonomy reinforces its narrative of evidence-based governance on digital regulation.

Legal observers note that similar disputes have arisen in telecommunications, where cabinet has occasionally varied CRTC rulings on wholesale access rates. However, the Broadcasting Act’s structure provides narrower avenues for intervention than the Telecommunications Act. Any legislative fix would require reopening the Online Streaming Act itself, a politically risky move given the bill’s contentious passage.

As the October 22 vote on the Conservative motion approaches, both sides are preparing public campaigns. The outcome will signal whether Canada’s streaming contribution model survives intact or faces further parliamentary scrutiny.

This is Alex Thompson for Global1 News, reporting from Toronto. 🇨🇦

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