Canada’s actors union outlined the threat of artificial intelligence (AI) to on-screen performers on the sixth day of the Canadian Radio-television and Telecommunications (CRTC) Cancon definition hearings in Gatineau, Que.

Eleanor Noble (pictured), president of Alliance of Canadian, Cinema, Television and Radio Artists (ACTRA) National, told commissioners on Thursday (May 22) that the greatest threat facing the union’s more than 30,000 members is “the unregulated advance of artificial intelligence,” along with “ongoing changes in the film and television sector following pressures from the current U.S. administration.”

The latter comment was in reference to a Truth Social post from U.S. President Donald Trump musing about slapping a 100% tariff against foreign-made movies.

“The use of AI, including in dubbing and background performances, must disqualify productions from certification by the CRTC,” said Noble. “Under no circumstances should AI-generated material ever be considered Canadian content. Otherwise, it is a betrayal to our performers, who have already seen their moral rights violated and job opportunities limited by AI.”

She highlighted the widespread use of AI for dubbing, which Noble said “is an essential component of work for Canadian ACTRA performers and cannot be undermined.”

ACTRA National executive director Marie Kelly said that while the technology could be properly used to enhance a stunt and keep a performer safe, “we are opposed to where AI is generating performances.”

“AI should not take over the jobs of the creators in the ecosystem that we’re in and we should not treat AI-generated performers as if they are a Canadian actor,” she said.

In its written submission, ACTRA noted that a 2024 survey of its members showed 98% of respondents were “concerned about the potential misuse of their name, image and likeness by AI,” and 93% were concerned that the technology “will eventually replace human actors, beginning with background work and dubbing.”

The union recommended that the CRTC work with the federal government to develop “specific protections against AI misuse, including penalties for violations.”

In her testimony, Noble underlined that “without Canadian performers, we cannot tell Canadian stories” – noting that is not “reflected in the commission’s proposed new points system,” which would add five creative positions for live action – Canadian showrunner, head of costume design, key makeup and hair artist, music rightsholder, and visual effects or special effects director – and would diminish performers’ “proportional value.”

To rebalance things, ACTRA National proposed in its brief to the CRTC that the first and second lead performers be allocated two points each, rather than the current standard of one each.

But achieving the new 15-point threshold “could make it harder for multicultural and ethnic programs to qualify as Canadian,” said Aldo Di Felice, president of TLN Media Group, which operates Telelatino and the Spanish-language Univision Canada.

“Many of the new qualifying roles proposed in the 15-point system are not typically present in our productions” and imposing the new model would penalize and potentially disqualify multicultural and ethnic programs from Canadian status, he said.

Di Felice explained that ethnocultural producers and broadcasters often earn between six to eight points under the current 10-point model, which he said should remain in place.

Alternatively, productions with budgets of $500,000 or less should qualify if 60% of creative roles are filled by Canadians, Di Felice added.

Bell Canada Enterprises subsidiary Bell Media supports the CRTC’s proposed point system for defining Canadian content, “with two key changes,” said Jonathan Daniels, VP of regulatory law at Bell Canada.

“The new flexibility for points must be contingent on adopting the CAVCO [Canadian Audio-Visual Certification Office] rules regarding equity and IP ownership of Canadian programs,” he said.

A program with a non-Canadian showrunner should also be recognized as Canadian content if the show “has an exclusive Canadian premiere window, for a minimum of 24 months, on a Canadian broadcasting undertaking.”

Daniels underscored that the media conglomerate is not asking for any third-party contribution to its news operations but wants “the flexibility to redirect funds from Bell TV to Bell Media’s news operations” that he said would “contribute to their financial viability.”

Mark Graham, SVP of legal and regulatory affairs at Bell Canada, made a similar clarification earlier in the company’s presentation.

“We have not asked for any reduction to our Canadian programming expenditure obligations,” he said. “Our proposal does not fully level the playing field with foreign streamers, and we will continue to carry a greater obligation and make a greater contribution.”

Graham said that Bell Media simply seeks the modernization of the CRTC’s “anachronistic rules” to give the broadcaster “the flexibility to make our large contribution to the Canadian broadcasting system without the need to meet outdated requirements,” which he noted “were designed for an era of linear television and limited consumer choice that disappeared decades ago.”

Bell Media proposed maintaining its existing Canadian program expenditure requirements: 40% for its French-language group, 30% for its English-language group, 90% for CTV News Channel and 50% for its sports channels.

“Canadian content is a core strength of our company and sets both our broadcast and digital platforms apart from foreign streaming services,” Bell Media president Sean Cohan told commissioners.

Noah Segal, president of the Canadian Association of Film Distributors and Exporters, argued that keeping IP ownership in Canada is “foundational to our creative and industrial future.”

“Without Canadian IP ownership, we risk becoming service providers to foreign interests, losing both our voice and our economic leverage in the process,” said Segal, who is also co-president of Elevation Pictures.

“Disney was built around ownership of IP. Canada should be built around ownership of IP. End of story,” he said.

Segal also called on the CRTC to introduce a feature film-specific incentive for pre-production investment, to “ensure that Canadian stories continue to be developed and financed at the earliest stages, rather than relying solely on acquisition after completion.”

Image courtesy of CPAC