CBC.ca features an excellent article that examines the impact of Bill C-11 on a wide range of digital issues.
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From Making Web Giants Pay to Making Taxpayers Pay: Government Announces Plan to Kill the CRTC’s Online Streaming Ruling
The government today killed the centrepiece of its broadcasting policy, announcing it plans to issue a new policy direction to override the CRTC’s Online Streaming Act decision on Internet streaming service contributions less than two weeks after the Commission released it. The reversal, which undoubtedly reflects the harm the decision caused as part of trade negotiations with the United States, comes at a cost to taxpayers; the government promised a $600 million payout to the audio and audiovisual sectors to cover anticipated lost revenues. Canadian Culture Minister Marc Miller framed the move entirely in terms of affordability and consumer choice, cautioning that the Commission’s requirements could be borne by Canadian consumers through higher prices. That risk has been obvious since the government introduced the legislation years ago. In fact, it is close to word-for-word for the case I made before the Commission in December 2023 that consumer interests, competition, and affordability belonged at the centre of broadcast and Internet policy.
Digital Self-Sabotage: Why Canada’s AI Strategy Is Set to Fail Before it Even Launches
The Canadian government’s long-awaited and much-needed AI strategy is finally set to be unveiled this week, with AI minister Evan Solomon promising a plan that prioritizes AI adoption, investment, and regulatory guardrails to enhance trust, privacy and safety. My Globe and Mail op-ed argues the strategy seems doomed to fail, even before it is released, with the government’s own digital policies working against it. An astonishing series of developments in recent weeks amount to digital self-sabotage, leaving global technology giants alarmed and Canadian tech companies openly considering leaving the country.
From Levy to Liability: Why Canada Risks Facing Hundreds of Millions in Retaliatory Tariffs Due to the CRTC’s Online Streaming Act Ruling
The CRTC’s Online Streaming Act ruling, which triples the mandated payments for large Internet streaming services, has attracted widespread criticism given fears the approach could result in higher consumer fees and a trade backlash from the United States. Culture Minister Marc Miller’s response to the ruling was somewhat muted, saying the government was reviewing the changes and assessing their impact. The reluctance to take a stronger public position may stem from concerns about the ruling’s trade implications, as it appears to violate Canada’s trade obligations. The violation can be saved by invoking CUSMA’s cultural exemption, but that triggers the U.S. right to apply dollar-for-dollar retaliation. In other words, if the Online Streaming Act generates hundreds of millions in mandated expenditures, it will also spark matching tariffs targeting high-value Canadian economic sectors.
The Online Streaming Act Bill Comes Due: Why the CRTC’s Latest Ruling Guarantees Years of Trade and Legal Battles
The CRTC yesterday released its much-anticipated Online Streaming Act decision that has been years in the making. Given the likely opposition from many stakeholders, it is virtually certain to lead to protracted trade and legal battles. From the moment the government introduced Bill C-10 in 2020, its goal was to impose regulatory obligations on Internet streaming services, treating them as online broadcasters and mandating that they pay into the Canadian system. This week’s ruling puts a number on the payments, building on an earlier 5% interim levy with an additional 10% in expenditure requirements. The combined 15% places Canada among the most expensive operating jurisdictions in the world for streaming services, with consequences that will undoubtedly affect consumer streaming prices. Moreover, with the streaming services already challenging the interim 5% levy in court, they will undoubtedly challenge this one as well. In fact, the battle will not be limited to Canadian litigation. The U.S. government, which has become increasingly vocal in its opposition to the Online Streaming Act, will view this decision as a provocation and escalate pressure on Canada to drop the legislation altogether. Culture Minister Marc Miller appeared to hedge in his reaction to the decision, suggesting that the government sees the headaches that lie ahead.
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The Law Bytes Podcast, Episode 271: Taking Stock of a Wild Week in Canadian Digital Policy With the Online Streaming Reversal, AI Strategy Release, and Lawful Access Review 
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