OTTAWA — The Federal Court of Appeal won’t hear a court case filed by large foreign streaming companies fighting a CRTC requirement to disclose financial information.
The court has dismissed a motion for leave to appeal by the Motion Picture Association-Canada targeting a portion of the federal broadcast regulator’s recent decision on Canadian content rules. The group represents such companies as Netflix, Disney and Amazon.
The court said it was convinced by the federal government’s argument that the appeal was premature.
The attorney general had argued the CRTC had only issued a statement on a general approach, not a final decision, and that no information has yet been designated as confidential.
“Until and unless any decisions on disclosure of particular designated information are finalized and released, any assessment of the Applicants’ arguments will be speculative, premature, and made in the abstract,” the attorney general argued.
The CRTC’s new disclosure requirements would see the CRTC publish information about each large streamer’s broadcasting revenues and their spending on Canadian content.
The streaming companies said in court documents the new rule doesn’t give them a chance to argue the information should be treated confidentially.
The CRTC has a process allowing companies to make the case for treating the information they file in a confidential manner, but it would not apply to the new requirement.
The streamers also said that disclosing the information would be seriously detrimental to them.
The regulator said in the November decision on Canadian content it believes it’s unlikely that any harm caused by the disclosure of the data would outweigh the public interest.
Scott Shortliffe, the CRTC’s vice-president of broadcasting, said at the time that the CRTC doesn’t see the disclosure requirement as particularly onerous and it’s something Canadian companies have long been required to do.
The court also dismissed as premature a separate court challenge by the Canadian Media Producers Association targeting a portion of the decision that sets new copyright ownership criteria.
The decision states that in order for a program to be considered Canadian content, Canadians must hold at least 20 per cent of the copyright.
The group, which represents independent media producers, had argued the CRTC didn’t adequately consider whether copyright ownership actually “enables Canadians to control and benefit in a significant and equitable manner from the exploitation of the program,” as the law stipulates.
It said copyright ownership alone isn’t enough to satisfy that requirement, noting the association argued in front of the CRTC there is a significant imbalance in bargaining power between Canadian producers and broadcasters, which is amplified when it comes to foreign companies.
A spokesperson for the group representing independent producers said it respects the court’s decision, which “recognizes the CMPA’s right to seek leave to appeal once regulations outlining the updated definition of Canadian content have been finalized.”
This report by The Canadian Press was first published March 31, 2026.
Anja Karadeglija, The Canadian Press
