Canada Canada Online Streaming Act CRTC C-11

Canada's Streaming Levy Has Stalled in Court, and Ottawa's $600 Million Replacement Is the Sounder Design

Seven streamers paid nothing by the Aug. 31 deadline after a court stay. Public funding beats a contested 5% levy, but the funds' gap is real.

Canada's Streaming Levy Stalemate People of Internet Research · Canada 5% Base contribution rate Share of Canadian revenues the CRT… ~$200M CRTC estimated annual funding New money per year the CRTC projec… ~$600M Proposed public funding Ottawa's intended replacement for … peopleofinternet.com
Canada's Streaming Levy Stalemate People of Internet Research · Canada 5% Base contribution rate ~$200M CRTC estimated annual funding ~$600M Proposed public funding peopleofinternet.com

Key Takeaways

What happened on August 31

The payment deadline for the CRTC's base contributions passed with no money moving. According to The Wire Report, Netflix, Amazon, Apple, Spotify, Paramount, Pluto and Crunchyroll made no payments to Canadian cultural funds. They did not defy the regulator. The Federal Court of Appeal had stayed the requirement while the challenge to it proceeds.

The Canadian Association of Broadcasters, which administers the Independent Local News Fund, told the same outlet what it had heard from the fund's administrator: "no new money will be coming in." Ottawa, meanwhile, has signalled that it intends to eliminate base contributions and replace them with about $600 million in public funding.

The strongest case for the levy

The case for the levy deserves a fair statement. When the CRTC announced the rule on June 4, 2024, it required online streaming services to contribute 5% of their Canadian revenues. The CRTC estimated this at about $200 million a year in new funding, with obligations starting in the 2024-2025 broadcast year. The money was meant for local news, French-language content, Indigenous programming and content from equity-deserving and official language minority communities.

The logic is one of parity. Conventional broadcasters have long funded Canadian content as a condition of their licences. Streamers now capture a growing share of the audience and advertising without the same obligation. Local news funds are under strain, and the regulator treated the levy as a way to rebalance that.

Why the levy did not survive contact with the courts

The streamers fought the rule on several grounds. Global News reported that the Federal Court of Appeal paused payment obligations in December 2024. The streamers had argued they could not recover the money if they won on appeal. Apple, Amazon and Spotify brought full challenges. The Motion Picture Association-Canada, representing Netflix and Paramount, challenged only the news-funding portion. Apple also argued that it faced a 5% obligation while radio stations pay 0.5%.

The result is the worst of both worlds. The funds budgeted on the expectation of new streaming revenue got nothing. The Canadian Heritage briefing note prepared for the Minister's February 2026 committee appearance says the stay "on all payments remains in effect". It also describes the timing of a court decision as uncertain. Recipients spent almost two years unable to rely on a contribution that a regulator had already declared owed.

Why public funding is the better instrument

We have argued that proportionate regulation should be predictable, defensible and cheap to administer. A percentage-of-revenue levy on foreign platforms fails on all three. It is legally contested, and it invites retaliation in trade talks. It also taxes revenue, not profit, which falls hardest on services that are still building an audience. The Wire Report ties the government's shift toward direct funding to U.S. trade negotiations, so the levy has become a bargaining chip as well as a cultural policy.

A $600 million appropriation has several advantages. Parliament sets and defends the figure, and it does not turn on the outcome of litigation. Funding comes from general revenue, so it does not depend on a handful of foreign firms deciding whether to comply. Support for Canadian storytelling and local news then competes openly against other public priorities, and that is a healthier accountability mechanism than a levy that is nominally private.

There is also a free-expression argument. A levy earmarked partly for news, and set by a regulator with wide discretion, blurs the line between a cultural subsidy and state-directed media policy. Public funding has its own risks, but they are easier to see in a budget line than inside a regulatory formula.

The risks Ottawa must not wave away

The replacement is not yet law, and the source reporting says only that Ottawa has said it intends to move. Three questions decide whether it is an improvement or just a retreat.

What to watch

The Online Streaming Act's wider goals do not depend on the 5% figure. Discoverability rules and Canadian-content definitions can proceed, and they invite less resistance than a revenue levy. Legislators should therefore keep the regulatory framework, drop the contested levy, and fund the gap openly. If they do, the August 31 non-payment will look less like a defeat than the point at which a poorly designed mechanism finally gave way. If they do not, the news funds will have gone two years with nothing and be left waiting on a promise.

Sources & Citations

  1. Canada.ca: CRTC requires online streaming services to contribute (June 4, 2024)
  2. Canadian Heritage briefing note, Minister's Feb 2026 committee appearance
  3. The Wire Report: Streamers refuse to make scheduled Cancon payments
  4. Global News: Global streamers fight CRTC's rule