Definition of Cancon must be multi-faceted, says CMF report

The What You Said report offers key consensus points on the topic of modernizing the definition of Canadian content, including IP ownership and cultural expression.

A  nuanced and multi-faceted approach is needed to modernize the definition of Canadian content, according to the results of the Canada Media Fund’s (CMF) year-long consultation on how the concept of Cancon should evolve.

The 48-page CMF report, titled New Futures for Canadian Content: What You Said, was published Wednesday (Sept. 13) with data from independent research firm La Société des demains. The results outline key takeaways and learnings from the widespread initiative, which included interviews, workshops, and a questionnaire for both the industry and the public. The data represents more than 2,800 “diverse viewpoints,” according to a news release.

Overall, the report argued that the Cancon label – which is tied to how productions are considered for tax credits, funding and regulatory obligations – “may not be adequate or well-adapted” to encompass “all the dimensions uncovered in this multi-layered concept, as indicated by persistent misunderstandings.”

In the report, Cancon was separated into four different definitions in order to organize and articulate the various functions of the label: as a policy instrument for government regulation; as a support ecosystem for the use of funding agencies; as a product of Canadian producers; and as an express of identity for both creators and consumers in Canada.

The report found that while the current definition of Canadian content was fitting for its functions as a policy instrument, support ecosystem and product, it was “considered inadequate” as an expression of identity and does not “encompass the full scope of the diverse realities, experiences, and social identities that are significant for Canada’s audiovisual creators and for audiences looking for better representation.”

Among the key consensus points in the report were that the importance of Canadian intellectual property is “paramount” in discussions around policy and support; that funding should be directed to people and companies in addition to content, and should help “develop and retain” local talent; that the overall support system should be more collaborative and streamlined; and that Indigenous communities may prefer to maintain an independent label of Indigenous content that is separate from a Canadian definition.

The report also featured 10 critical takeaways to “inspire future discussions and lead to an even more collaborative spirit within the industry”: a need for more global reach; a focus on cultural identity; more collaboration; innovative funding models; maintaining ownership; a better understanding of the nature between IP ownership and artificial intelligence; more flexibility for content creation; a push to challenge norms; increased audience engagement; and more industry-wide collaboration to “to articulate a collective vision” for the future.

There were frequent discussions around modernizing the definition of Canadian content while Bill C-11, a.k.a. the Online Streaming Act, moved through the House of Commons and the Senate after it was tabled in 2022. Some critics of the current definition said it is not flexible enough in a global industry landscape.

Former Minister of Canadian Heritage Pablo Rodriguez said the CRTC would examine a modernized definition of Cancon when Bill C-11 was tabled. Joanne Levy, CRTC commissioner for Manitoba and Saskatchewan, previously said the Commission would be closely monitoring the CMF’s consultation process.

CMF issued early data on the consultations in June, which said there was public and industry consensus on some of the “core objectives” of the definition, including the support of domestic companies and workers, increasing industry competitiveness, and showcasing Canada’s diversity and culture.

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