Canadian content

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Canadian content (abbreviated CanCon, cancon or can-con; French : contenu canadien) refers to the Canadian Radio-television and Telecommunications Commission (CRTC) requirements, derived from the Broadcasting Act of Canada, that radio and television broadcasters (including cable and satellite specialty channels) must produce and/or broadcast a certain percentage of content that was at least partly written, produced, presented, or otherwise contributed to by persons from Canada. For radio airplay the percentage is 40% and television is 55% yearly and 50% daily (CBC has a 60% CanCon quota). CanCon also refers to that content itself, and, more generally, to cultural and creative content that is Canadian in nature.

Contents

The loss of the protective Canadian content quota requirements is one of the concerns of those opposed to the Trans-Pacific Partnership. [1] Canada entered into the Trans-Pacific Partnership, a multilateral free trade agreement, in October 2012. [2] [3] [4]

Origins

In enforcing the Broadcasting Act , the CRTC is obligated to ensure that "each element of the Canadian broadcasting system shall contribute in an appropriate manner to the creation and presentation of Canadian programming", and that every broadcast undertaking "[makes] maximum use, and in no case less than predominant use, of Canadian creative and other resources in the creation and presentation of programming". [5]

Radio

For music, the requirements are referred to as the "MAPL system". Following an extensive public hearing process organized by the CRTC, the MAPL system, created by Stan Klees (co-creator of the Juno Award), was adopted in 1971 to define and identify Canadian content in pieces of music for the purposes of increasing exposure of Canadian music on Canadian radio through content regulations governing a percentage (25%) of airplay to be devoted to Canadian music. The percentage was increased to 30% in the 1980s, and to 35% effective January 3, 1999. However, most new commercial radio stations licensed since 1999 have been licensed at 40%. [6]

Before the MAPL system was established in 1971, Canadian music was regarded with indifference by Canadian radio, and during the 1960s, Canadian radio was dominated by British or American acts. This was a major hurdle for Canadian musicians, since they could not gain attention in their home country without having a hit single in the United States or Europe first. [7] Even after MAPL was implemented in the early 1970s, some radio stations were criticized for ghettoizing their Canadian content to dedicated program blocks, in off-peak listening hours such as early mornings or after midnight, during which the music played would be almost entirely Canadian — thus having the effect of significantly reducing how many Canadian songs would actually have to be played during peak listening times. [8] These program blocks became mockingly known as "beaver hours". [8] This practice is now prevented by CRTC regulations stipulating that CanCon percentages must be met between 6 a.m. and 6 p.m., rather than allowing a station to save all their Canadian content for off-peak hours.

Artists who were active in the early CanCon era in the 1970s and 1980s have noted that their music was often dismissed by Canadian audiences as inferior product, propped up by quotas rather than quality, if they were unable to replicate their Canadian success internationally. [7] Yet, at the same time, artists who did break through internationally also ran the risk of becoming dismissed by Canadian audiences as no longer truly Canadian. [7]

Some stations – especially those playing formats where there may be a limited number of Canadian recordings suitable for airplay, such as classical, jazz or oldies, may be allowed by the CRTC to meet Canadian content targets as low as 20 per cent. Stations in Windsor, Ontario, are also permitted to meet lower Canadian content targets, due to Windsor's proximity to the Metro Detroit media market in the United States. Community radio and campus-based community radio stations often choose to meet higher Canadian content levels than commercial broadcasters, because of their mandate to support independent and underground and provide content not readily available on commercial radio or the CBC; however, this is a voluntary commitment made by these stations rather than a core CRTC requirement, and CanCon requirements may be lower for campus and community stations as they often air large quantities of category 3 music.

On satellite radio services, Canadian content regulation is applied in aggregate over the whole subscription package. Sirius XM Canada produces channels focused on Canadian music and content and offers the CBC's national radio networks, as well as its digital-exclusive networks such as CBC Radio 3, which are incorporated into the overall lineup of U.S.-produced channels shared with its U.S. counterpart.

How the MAPL system works

To qualify as Canadian content a musical selection must generally fulfil at least two of the following conditions:

There are four special cases where a musical selection may qualify as Canadian content:

This last criterion was added in 1991, to accommodate Bryan Adams' album Waking Up the Neighbours , which, unusually, did not meet the Cancon standard despite every track being co-written and performed by a Canadian artist. Adams had recorded the album mainly in England, and although some recording work was done in Canada, no track on the album qualified for the P in MAPL. Adams had also collaborated on the writing of the album with South African record producer Robert John "Mutt" Lange in London, England, with Adams and Lange both being credited as co-writers of both words and music on every cut on the album. As a result, no song on the album featured either music or lyrics entirely written by a Canadian, and therefore none of the album's songs qualified for the M or L in MAPL. All this meant that no track on the album qualified as Canadian content under the existing rules—although if Adams and Lange had simply agreed to credit one party with 100% of the music and the other with 100% of the lyrics, all the Adams/Lange collaborations would have counted as CanCon (as they were recorded by a Canadian artist). After extensive controversy in the summer of that year, the CRTC changed the rules to allow for such collaborations, wherein a Canadian can work with a non-Canadian on both music and lyrics, provided the Canadian receives at least half of the credit for both music and lyrics. This gives the recorded track 1 point out of a possible 2 for the M and L sections of the MAPL criteria; to qualify as Cancon, the finished recording must also meet the criterion for either artist (A) or production (P).

Other Canadian artists with long-time international careers, like Anne Murray, Celine Dion, Avril Lavigne, and Shania Twain, have used recording studios in Canada specifically to maintain Cancon status.

What constitutes a Canadian under the MAPL system

The CRTC states that for the purposes of the MAPL system, a Canadian can be defined by one of the following:

Every radio station in Canada must meet Canadian content quotas; therefore, the MAPL logo, created by Stan Klees, on album packaging and on the compact disc itself increases the chance that the music will receive airplay in Canada. The MAPL logo is a circle divided into four parts, one part for each of the four "MAPL" categories. The categories in which the music qualifies are black with a white initial M, A, P or L. The categories for which the music does not qualify are in white, with a black letter.

Controversy

In 2005, the website Indie Pool launched a campaign to have the CRTC review and modify the current Canadian content rules to put greater stress on supporting new and emerging artists. The group's petition is signed by approximately 5,000 Canadian artists and music fans to date, but is not widely supported by Canadian media or acknowledged by the CRTC.

In 2006, the Canadian Association of Broadcasters, in a submission to the CRTC, proposed a lessening of Canadian content regulating to 25 percent, arguing that conventional radio faced more competition from alternative music sources such as Internet radio, satellite radio and portable audio players like iPods, and, in the same submission, proposed stricter new guidelines on the licensing of new radio stations. In another submission, Friends of Canadian Broadcasting argued the Canadian broadcasting industry is in a healthy position and did not need to have the Canadian content rules relaxed.

Talk radio and American syndicated programming

Unlike music radio, the rules on talk radio are more ambiguous. The vast majority of Canadian talk radio stations operate with local talk for most of the daylight hours, with the exception of two nationally syndicated Canadian talk show hosts: news/talk personality Charles Adler and sports talk host Bob McCown. The lone restriction is that the station must have a working studio within the region it broadcasts, which prohibits the use of entirely satellite-operated stations (which are commonplace in the United States).

Syndicated programming from the United States invariably airs after 7:00 pm local time in virtually all markets, and usually features non-political programs such as The Jim Rome Show and Coast to Coast AM . More political American shows such as The Rush Limbaugh Show are rarely picked up by Canadian radio stations, although the now defunct CFBN aired Dennis Miller and the Glenn Beck Program on tape delay in the evenings for a few months, from April through November 2007, when CFBN stopped broadcasting over the air, and The Phil Hendrie Show aired for many years on CKTB, even during the period when it focused on political content. Miller also aired on CHAM for two years from 2008 to 2010. No rule prevents programs such as Limbaugh or Beck from being aired on Canadian radio stations; such programs are simply not carried because their focus on American politics limits their relevance to Canadian radio audiences, especially given the high rights fees Limbaugh charged his affiliates.

As in the United States in the 1980s, the trend for AM stations in Canada in the 1990s was to apply for an FM broadcasting license or move away from music in favour of talk radio formats. (Since the late 2000s, AM radio in North America has been declining as stations have shut down and moved to FM.) The total amount of Canadian-produced content declined as broadcasters could license syndicated radio programs produced in the U.S., while the Cancon regulations were conceived to apply to music only, and not to spoken-word programming. This became particularly controversial in 1998 when stations in Toronto and Montreal started airing The Howard Stern Show from New York City during prime daytime hours. Stern was forced off the air not because of Canadian content, but because the Canadian Broadcast Standards Council reprimanded the stations broadcasting Stern numerous times for Stern's comments, which prompted the two stations to drop him in short order. Stern would later move exclusively to satellite radio.

American shows that combine talk and music, such as Blair Garner, Elvis Duran, Delilah and John Tesh, usually have special playlists for airing in Canada to assist in meeting Canadian content requirements. Because of the different requirements, American syndicated oldies programs are widely popular in Canada, such as American Gold , Wolfman Jack, and M. G. Kelly's American Hit List. These shows usually do not substitute Canadian songs, due in part to a fairly large library of Canadian musicians already in rotation in the format (such as The Guess Who, Gordon Lightfoot, Paul Anka, Terry Jacks or R. Dean Taylor). In other formats, an American syndicated program sometimes is supplemented with an all-Canadian program; for instance, CKMX will broadcast Country Countdown USA and America's Grand Ole Opry Weekend along with the Canadian syndicated programs Canadian Country Spotlight and Hugh McLennan's Spirit of the West, the last of which is also carried by several U.S. stations. American syndicated series are usually played in "off peak" and weekend hours.

A notable exception to the majority-Canadian spoken word programming came in 2012 when Astral Media introduced CKSL and CHAM, two stations in southern Ontario, as full-time affiliates of 24/7 Comedy Radio, a service of the U.S.-based Cumulus Media Networks. CHAM meets its studio requirement by maintaining a locally based interstitial host.

Television

To an even greater extent than on radio, Canadian television programming has been a perennially difficult proposition for the broadcast industry, particularly dramatic programming in prime-time. It is much more economical for Canadian stations to buy the Canadian rights to an American prime-time series instead of financing a new homemade production. Perhaps more importantly, given the reach of the major U.S. broadcast networks in Canada, it is virtually impossible to delay or modify a U.S. program's broadcast schedule, as regularly occurs in other foreign markets, to weed out failures or to otherwise accommodate homegrown programming.

In English Canada, presently only the public network, CBC Television, devotes the vast majority of its prime-time schedule to Canadian content, having dropped U.S. network series in the mid-1990s. The French-language industry, centered in Québec, similarly places a larger emphasis on original productions, due to viewer preferences favouring them higher over dubs of imported U.S. series. [11]

The English commercial networks (CTV, Global and Citytv), conversely, rely on news and information programs for the bulk of their Canadian content while running mostly American network series, and all have faced criticism for their level of investment in Canadian scripted entertainment programming.

Programming

Early Canadian programming was often produced merely to fill content requirements, and featured exceedingly low budgets, rushed production schedules, poor writing and little in the way of production values and as a result did not attract much of an audience. One Canadian series, The Trouble with Tracy , is sometimes claimed as one of the worst television shows ever produced. [12] However, even given these limitations, some productions managed to rise above the mediocre – both SCTV (originally on Global) and Smith & Smith (CHCH) grew from local low-budget productions with a limited audience to large production companies with a North American audience. SCTV also lampooned the Cancon rules, as well a request by the CBC for a filler segment featuring distinctively Canadian content, by developing the characters of Bob and Doug McKenzie—a caricature of stereotypical Canadians played by cast members Rick Moranis and Dave Thomas. Bob and Doug became the program's most popular characters, and spawned spin-offs featuring the characters such as comedy albums, commercials, the feature film Strange Brew , and the animated series Bob & Doug . [13] [14]

In the 1980s and early 1990s, distinctly Canadian drama series such as CBC's Street Legal or CTV's E.N.G. consistently drew hundreds of thousands of viewers each week. In the latter part of the 1990s and the early 2000s, Global's Traders and the CBC dramas Da Vinci's Inquest and Republic of Doyle completed long runs, buoyed by critical approval if not overwhelming viewer success. As for CTV, after short-lived runs of planned "flagship" drama series such as The City , The Associates and The Eleventh Hour , the network later found ratings success with series such as Corner Gas (a sitcom set at a titular highway gas station in rural Saskatchewan, filmed in the town of Rouleau), Flashpoint , and Motive . The CBC dramedy This is Wonderland was a moderate success with a loyal fan base, but was nonetheless cancelled in 2006 after three seasons. Specialty channels also naturally produce Canadian content, some of which, most notably Showcase's mockumentary series Trailer Park Boys , have been able to generate a strong mass appeal.

To complement their airings of American or British versions, Canadian networks have also produced local versions of unscripted television formats, including reality television series such as The Amazing Race Canada , Canadian Idol , and MasterChef Canada (CTV), The Great Canadian Baking Show (CBC), Big Brother Canada (Global), The Bachelor Canada (Citytv), and Canada's Drag Race (Crave and OutTV).

Despite these homegrown successes, Canadian networks have sometimes fulfilled Cancon requirements by commissioning series filmed in Canada but intended primarily for larger foreign markets such as the United States and United Kingdom, such as CTV's Saving Hope , Sue Thomas: F.B.Eye , Mysterious Ways and Twice in a Lifetime , and Global's Wild Card and Rookie Blue. International co-productions such as Orphan Black (Space and BBC America), Copper (Showcase and BBC America), Killjoys (Space and Syfy), The Tudors (CBC, Showtime, BBC and TV3), and the early seasons of the current incarnation of Doctor Who (partially funded by CBC) are also common.

A few Canadian drama series, including Due South , The Listener , Motive, Flashpoint , and Saving Hope, have also been picked up by American networks and aired in prime time, although the majority of Canadian TV series which have aired in the United States have done so either in syndication, on cable channels, or on minor networks such as The CW and Ion Television. SCTV aired in a late night slot on NBC in the early 1980s. CBS aired a late-night block of crime dramas in the late 1980s and early 1990s which included a number of Canadian series, including Night Heat , Hot Shots , Adderly , Forever Knight and Diamonds , and later aired The Kids in the Hall in a late-night slot as well. The Red Green Show was also a success, being imported into the United States via PBS member stations. That show's cast often did pledge drive specials and received strong viewer support on PBS stations in the northern part of the United States, such as Iowa, Minnesota, Wisconsin, Michigan, New Hampshire and New York.

The CBC sitcom Schitt's Creek was co-produced with U.S. cable network Pop (as its first original scripted series), but its later addition to the streaming service Netflix helped to bolster wider public awareness and critical acclaim of the series in the United States and worldwide. [15] This culminated at the 72nd Primetime Emmy Awards in 2020 following its final season, where Schitt's Creek became the first-ever comedy or drama series to sweep all seven major awards, and Dan Levy became the first to win Primetime Emmy awards for acting, directing, producing, and writing in the same year for his work on Schitt's Creek. [16] [17] [18]

Canadian commercial television networks schedule a large percentage of their Canadian productions to air in the summer season; although traditionally a season of low viewership, this practice has actually been beneficial for Canadian television productions, influenced by widespread viewer preference for new programming over off-season repeats, as well as an increased chance of gaining a lucrative sale to one of the big four American networks—a revenue stream which is generally unavailable during the fall and winter television seasons. [19] The impact of the COVID-19 pandemic on television in the United States provided an exception, with NBC importing the CTV medical drama Transplant (which premiered at midseason in Canada) for a September 2020 premiere on its fall primetime lineup, filling the timeslot normally filled by its own medical drama New Amsterdam (whose premiere was deferred to 2021). [20] [21] [22]

Children's programming

Canadian studios have had a significant presence in the children's television market, the domestic studio Nelvana has had interests in both children's television and publishing, and was acquired by Canadian broadcaster Corus Entertainment in 2000. [23] In the 1990's, Nelvana made several major deals for educational programming with U.S. broadcasters (taking advantage of new U.S. mandates), including CBS and public broadcaster PBS, with all of them being adaptations of children's books. [24] [25]

The Montreal-based studio CINAR was well-known for producing and distributing animated series with tie-ins for the educational market, such as Arthurwhich was distributed on U.S. public television by Boston's PBS station WGBH. The company collapsed in 2001 following an accounting scandal. The company also faced allegations that it had paid American writers to work on its productions, while still accepting Canadian federal tax credits, and crediting them to Canadian citizens. [26] The company was later purchased in 2004 by former Nelvana executives, and renamed Cookie Jar Group. The company was in turn acquired by Halifax-based DHX Media (now WildBrain) in 2012, [27] [28] which made it the largest independent owner of children's television content in the world. [29] [30] [28]

Regulations

For broadcast stations, the CRTC presently requires that 60% yearly, and at least 50% of programming aired daily from 6:00 pm to midnight must be of Canadian origin. [31] In May 2011 the CanCon requirement for private television broadcasters was lowered to 55% yearly. [32] Canada's public broadcaster, CBC, must still maintain 60% CanCon quota. [32] However, historically, much of these requirements have been fulfilled by lower-cost non-scripted programming, including networked talk shows (including daytime lifestyle shows such as CityLine and The Marilyn Denis Show ) and entertainment news programs (such as ET Canada and eTalk ), local news and public affairs programming, and reruns of Canadian-produced library programs. As described above, often the remaining domestic content are scripted co-productions produced in partnership with a foreign broadcaster, or more recently, streaming services.

Further complicating matters for Canadian content is the existence of simultaneous substitution, a regulation that allows over-the-air broadcasters to require the substitution of feeds from American broadcast channels on local multichannel television providers if they are airing the same programming in simulcast, thus protecting their exclusive rights to earn revenue off such programming whenever it is broadcast in Canada. Therefore, Canadian networks have made significant effort to import popular American series to take advantage of the rule, which in turn crowds out Canadian programming to less-desirable time slots.

Over the years the CRTC has tried a number of strategies intended to increase the success of Canadian programming, including expenditure requirements and time credits for productions with specific requirements. In 1999, the CRTC imposed a policy of requiring stations owned by the largest private groups to air at least eight hours of weekly CanCon programming within prime time hours (7 to 11 p.m.) falling within genres designated as "priority programming", which included scripted programs, documentaries, entertainment news, and variety programs. [33] These regulations were criticized by actors' and directors' groups, among others, for not adequately favouring dramas. Indeed, reality television series began to grow in popularity soon after the policy was announced, driving Canadian broadcasters to produce more of these programs as opposed to higher-cost dramas.

In 2011, as part of its new "group-based" approach to licensing of television services owned by these groups (such as Bell Media, Corus Entertainment, and Rogers Media), the CRTC instituted new policies with a stronger focus on expenditures made into high-quality Canadian content (especially within genres considered more costly and difficult to produce), as opposed to quantity and scheduling. At least 30% of a group's revenue (which is officially aggregated across all of a group's television services, based on their individual revenue and historical expenditure mandates) must be spent on Canadian programming expenditures (CPE). These expenditures can be reallocated between a group's individual discretionary services, and up to 25% of expenditures for local stations can be allocated from a discretionary service. [34] [33]

The priority programming requirement was replaced by a new rule, requiring each service to invest 5% of their revenue towards "programs of national interest" (PNI). Programs classified as PNI include comedy, drama, long-form documentaries, children's programming, and qualifying awards presentations honouring Canadian creative talent. In 2017, the CRTC, furthermore, instituted a requirement that 75% of the PNI expenditure be used to fund productions by independent companies. The CRTC also added credits on CPE for the involvement of indigenous (50%) and official language minority community (25%) producers (French outside of Quebec, and English within). [34] [33] [35]

Trans-Pacific Partnership

There is concern about the Trans-Pacific Partnership Intellectual Property Provisions [1] of the TPP in terms of CanCon. [2] In October 2012, Canada formally became a TPP negotiating participant. [3] [4] In order to enter into the TPP agreement, Canada had to accept the terms agreed upon by the nine original signatory countries: Brunei, Chile, New Zealand, Singapore, Australia, Malaysia, Peru, United States, and Vietnam. According to MP Don Davies, Canada had no veto power over these terms and accepted the "existing unbracketed text, sight unseen and without input." [36]

In September 2012, the International Intellectual Property Alliance, a U.S. private sector coalition representing over 3,200 U.S. producers and distributors of copyright protected materials, [37] sent a submission to the U.S. Trade Representative's office requesting that the Trans-Pacific Partnership (TPP) agreement [38] "be comprehensive in scope, strictly avoiding any sectoral carveouts that preclude the application of free trade disciplines. We note that several market access barriers [in] Canada involve, for example, content quota requirements for television, radio, cable television, direct-to-home broadcast services, specialty television, and satellite radio services." [38]

After the replacement of the TPP with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership in 2018, it was reported that Canada had secured an exemption from a clause in the agreement that prohibits discriminatory rules on foreign audio-video services in order to ask services to financially support the creation of Canadian content. [39] [40]

Movies

Some have suggested that Canadian content minimums be enacted for movie theatres, in order to improve the visibility and commercial viability of Canadian film, [41] [42] although none have ever been put in place. Most film festivals in Canada devote at least a portion of their schedules to Canadian films, although this is by choice rather than government regulation; a few film festivals are devoted exclusively to Canadian films, although most screen a mix of Canadian and international films.

However, as movie-based premium television services such as Crave, Super Channel, Hollywood Suite and Super Écran operate on television and thus must follow Canadian content regulations, they do acquire and program Canadian films; this often still represents a Canadian film's best opportunity to attract an audience beyond the film festival circuit.

Theatre

In 1971, a group of Canadian playwrights issued the Gaspé Manifesto as a call for at least one-half of the programming at publicly subsidized theatres to be Canadian content. The numerical goal was not achieved, but the following years saw an increase in Canadian content stage productions. [43] [44]

See also

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Further reading