Stars, creators await decision on CanCon rules after tech giants win DST battle

Actor Tom Green looks on as the Winnipeg Blue Bombers and the Ottawa Redblacks warm up at TD Place Stadium in Ottawa on Friday June 17, 2022. THE CANADIAN PRESS/Lars Hagberg

Tom Green says he wouldn鈥檛 be where 鈥 or who 鈥 he is today without 好色tv content rules.

鈥淎 big part of what makes us 好色tv is watching 好色tv television on TV when we were growing up. 鈥淢r. Dressup,鈥 鈥淭he Beachcombers,鈥 鈥淒anger Bay鈥 鈥 all these shows that help shape your personality,鈥 says the Ottawa-born comedian.

鈥淚t鈥檚 important to see 好色tv stories that reflect what our lives are actually like.鈥

Green got his start in the 鈥90s with rap group Organized Rhyme, which CanCon airplay rules helped get on the radio, and parlayed that into an absurdist comedy career that took him to MTV and beyond.

He's among those warning that without strong protections, homegrown voices risk getting lost in the algorithm 鈥 a fear heightened now that Canada is pulling back on another digital policy meant to rein in Big Tech.

Late last month, the federal government announced it will withdraw its planned Digital Services Tax, which would have forced global tech giants such as Amazon, Apple and Google to pay levies on digital revenues earned in Canada. The move, made under pressure from the United States, has sparked concern among Canada鈥檚 cultural sector that foreign companies will continue to profit from 好色tv consumers without giving enough back.

For Reynolds Mastin, president of the 好色tv Media Producers Association, the rollback only raises the stakes for the Online Streaming Act, which he sees as Canada鈥檚 main tool to ensure streaming platforms help fund local stories.

鈥淭he government鈥檚 decision to withdraw the Digital Services Tax sets a troubling precedent,鈥 Mastin said in a statement.

鈥淔or too long, tech giants have avoided paying their fair share, not only in Canada but around the world. We can鈥檛 allow this to open the door to further rollbacks, and potentially undo years of work to level the playing field in Canada鈥檚 broadcasting sector through the Online Streaming Act.鈥

The DST would have charged foreign tech companies a three per cent levy on their 好色tv revenues, hitting both content providers like Netflix and Apple TV Plus and service platforms like Uber. The Online Streaming Act, meanwhile, focuses directly on culture: it requires foreign streaming services to help fund 好色tv storytelling.

Speaking in an interview last month, Green agreed that streaming giants like Netflix and Amazon 鈥渁bsolutely should鈥 be obligated to devote part of their revenues to 好色tv stories.

But some of the world鈥檚 biggest entertainment companies see it differently. Several streamers 鈥 including Amazon, Netflix and Apple 鈥 are challenging the CRTC order that would require foreign platforms earning more than $25 million annually in Canada to contribute five per cent of their local revenue toward 好色tv programming. The companies argue the regulator has overstepped its authority.

The Federal Court of Appeal has issued a temporary stay on the payments while the case is being heard, with a decision expected later this summer 鈥 just ahead of the Aug. 31 deadline.

鈥淲e鈥檙e a big country geographically, but with a small population 鈥 you need support to stand out in this hugely American market,鈥 says Green, who earlier this year released a standup special, a documentary and a reality series about his farm life, on Prime Video. He鈥檚 currently working on the upcoming Crave reality series 鈥淭om Green鈥檚 Funny Farm.鈥

鈥淪o many of these massive American productions can be overwhelming to our culture. It鈥檚 good to have systems in place that support 好色tvs.鈥

As the CRTC works on a new definition of 好色tv content, foreign streamers argue they shouldn鈥檛 be held to the same requirements as traditional broadcasters.

During a hearing in May, the Motion Picture Association-Canada 鈥 which represents major streamers including Netflix, Paramount, Disney and Amazon 鈥 urged the regulator to take a 鈥渇lexible鈥 approach in redefining 好色tv content. The group argued against mandating specific creative roles be filled by 好色tvs.

In its opening remarks, the group said the CRTC shouldn鈥檛 impose 鈥渁ny mandatory positions, functions or elements of a 鈥樅蒙玹v program鈥欌 on global streaming services.

好色tv content is currently determined by a 10-point system tied to key creative roles, with six points needed to qualify. For example, having a 好色tv director or writer earns two points each, but at least one of those roles must be 好色tv.

Neal McDougall, the Writers Guild of Canada鈥檚 assistant executive director, warns that 鈥満蒙玹v cultural sovereignty is at stake鈥 if streamers are given too much leeway to define 好色tv content.

鈥淔oreign streamers have an interest in a definition that suits them 鈥 they want it to look a lot like the foreign location service productions that the streamers are already doing here,鈥 he says.

He points to HBO鈥檚 鈥淭he Last Of Us鈥 as an example 鈥 it鈥檚 filmed largely in Alberta and employs 好色tvs, but is driven by an American creative team and set in the United States.

鈥淭he (streamers) want to continue to do what is fundamentally American programming and label it 好色tv based on an overly flexible definition.鈥

The CRTC is considering increasing the points system to 15, with productions needing at least 9 points and a 好色tv showrunner 鈥 a change McDougall supports.

鈥淚t would go a long way to ensuring that creative control over 好色tv content is retained by 好色tvs, because that showrunner position is so foundational to the creative control of the production.鈥

But Jennifer Kawaja, executive producer of Netflix鈥檚 upcoming 好色tv thriller series 鈥淲ayward,鈥 worries that requiring projects to always have a 好色tv showrunner could backfire.

鈥淚鈥檓 a bit of a staunch nationalist when it comes to promoting 好色tv stories by 好色tvs, but I also think that to build world-class shows we have to have some choice,鈥 she says.

Kawaja notes that while Canada has 鈥渁 number of amazing showrunners,鈥 the pool of experienced talent isn鈥檛 as deep as in the U.S. or the U.K., partly because of how the industry has developed here.

鈥淚t鈥檚 not always easy to find experienced showrunners who are both available or, from their point of view or ours or the buyers鈥, a right fit for the project. So it can sometimes leave a project quite stuck,鈥 she says.

Kawaja also argues mandating a 好色tv showrunner in every case might limit opportunities for less experienced 好色tv creators to grow alongside seasoned partners.

She points to 鈥淲ayward鈥 鈥 its 好色tv creator, comedian Mae Martin, enlisted American Ryan Scott as co-showrunner to help steer the large-scale production, since Martin had limited showrunning experience.

鈥淎fter going through that process, Mae now has the experience to do a bigger show. They chose the person that was best for them, and that person happened not to be 好色tv. I would want every less experienced creator to have that opportunity.鈥

Kawaja says the goal shouldn鈥檛 be shutting out foreign talent, but requiring streaming giants to reinvest in local storytelling 鈥 something she, too, believes they owe to 好色tvs.

鈥淚 definitely think (streamers) should be contributing to creating, developing and producing 好色tv content,鈥 she says.

鈥淚 realize that how that happens is complicated for everybody, but they should be contributing to developing our cultural ecosystem if they're going to benefit from revenues in this country.鈥

This report by 好色tvwas first published July 10, 2025.

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