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The CRTC said it would leave podcasts alone. Turns out that was a myth

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6 minute read

From the MacDonald-Laurier Institute

This article originally appeared in the Hub.

By Peter Menzies, October 4, 2023

It’s clear the regulator is about to draw podcasts into its warm embrace.

The CRTC has backtracked on its promise to leave podcasts alone.

On May 12, the federal regulator stated in its “Myths and Facts” release that concerns it would regulate content such as podcasts were a “myth” and the “fact” of the matter was that “a person who creates audio or video content or creates a podcast, is not a broadcaster under” the Online Streaming Act (Bill C-11).

That “fact” didn’t live long. It expired September 29 when, in its first decisions since being granted authority over the internet, the CRTC changed lanes.

While it was careful to state that podcasters themselves don’t have to register with the Commission, the web-based platforms that make podcasts available must do so. Indeed, podcasters may not be broadcasters, but very much as predicted by the legislation’s critics, the CRTC has found ways to bring them into scope anyway.

It decided that podcasts constitute “programs under the Broadcasting Act, given that they are comprised of sounds intended to inform, enlighten or entertain.”

The regulator’s decision further explains that while podcasters may not be broadcasters, the transmission of podcasts over the internet most definitely “constitutes broadcasting” which makes those entities that platform podcasts into cable companies.

So while the CRTC concedes that while “the Broadcasting Act does not give the Commission a mandate to regulate creators of programs” it nevertheless makes clear that its powers do cover “those services that are involved in the broadcasting of programs, which are referred to as broadcasting undertakings.”

Is your head spinning yet?

The legal contortions continue throughout the decision, but the clear takeaway, the bottom line, is that, while it keeps insisting it doesn’t intend to regulate the content of podcasts, it is very concerned about the content of podcasts and if it can’t legally regulate them, it’ll make sure someone else does it for them.

Paragraph 223 of its decision makes it clear the CRTC is about to draw podcasts into its warm embrace.

Without information about online undertakings that transmit or retransmit podcasts, it would be more difficult for the Commission to ensure the achievement of the objectives of … the Broadcasting Act, which relate to, among other things, providing a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern, and (that) the programming provided by the Canadian broadcasting system should be varied and comprehensive, providing a balance of information, enlightenment and entertainment for people of all ages, interests and tastes.

In other words, what the CRTC denounced as “myth” in the spring has become a “fact” in the fall. It has kicked open the door to the regulation of online content, if not directly then by proxy through the platforms that deliver the work of podcasters to their audiences.

It is a bureaucratic master stroke.

Here’s what will follow.

The list of intervenors presenting at the CRTC’s public hearing coming up in late November indicates the panel of commissioners will hear from a number of groups that will explain the extent to which they are under-represented and funded. So, a possible outcome of this will be that services that carry podcasts will have to fund podcasters who, on their own, haven’t been able to find an audience.

Just as likely is that platforms will be regulated to ensure podcasts designated by the CRTC are given priority visibility/discoverability online over undesignated podcasts through the manipulation of algorithms. These are likely to be podcasts by Indigenous, BIPOC and LGBTQ2S creators.

As erstwhile CRTC Chair Ian Scott told the Senate committee studying Bill C-11 in 2022:

Instead of saying, and the Act precludes this, we will make changes to your algorithms as many European countries are contemplating doing, instead, we will say this is the outcome we want. We want Canadians to find Canadian music. How best to do it? How will you do it? I don’t want to manipulate your algorithm. I want you to manipulate it to produce a particular outcome. And then we will have hearings to decide what are the best ways and explore it.

This was reinforced in an exchange Scott had with Senator Pamela Wallin, who suggested proponents of the bill were parsing their words and that:

You won’t manipulate the algorithms; you will make the platforms do it. That is regulation by another name. You’re regulating either directly and explicitly or indirectly, but you are regulating content.

To which Mr. Scott replied: “you’re right.”

The CRTC has now confirmed what it denied mere months ago when it was parroting then-Heritage Minister Pablo Rodriguez’s talking points.

It will make sure podcasts and any other internet content it can capture is regulated.

Peter Menzies is a Senior Fellow with the Macdonald-Laurier Institute, a former newspaper executive, and past vice chair of the CRTC.

2025 Federal Election

Don’t let the Liberals fool you on electric cars

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CAE Logo Dan McTeague

“The Liberals, hoodwinked by the ideological (and false) narrative that EVs are better for the environment, want to force you to replace the car or truck you love with one you can’t afford which doesn’t do what you need it to do.”

The Liberals’ carbon tax ploy is utterly shameless. For years they’ve been telling us that the Carbon Tax was a hallmark of Canadian patriotism, that it was the best way to save the planet, that it was really a “price on pollution,” which would ultimately benefit the little guy, in the form of a rebate in which Canadians would get back all the money they paid in, and more!

Meanwhile big, faceless Captain Planet villain corporations — who are out there wrecking the planet for the sheer fun of it! — will shoulder the whole burden.

But then, as people started to feel the hit to their wallets and polling on the topic fell off a cliff, the Liberals’ newly anointed leader — the  environmentalist fanatic Mark Carney — threw himself a Trumpian signing ceremony, at which he and the party (at least rhetorically) kicked the carbon tax to the curb and started patting themselves on the back for saving Canada from the foul beast. “Don’t ask where it came from,” they seem to be saying. “The point is, it’s gone.”

Of course, it’s not. The Consumer Carbon Tax has been zeroed out, at least for the moment, not repealed. Meanwhile, the Industrial Carbon Tax, on business and industry, is not only being left in place, it’s being talked up in exactly the same terms as the Consumer Tax was.

No matter that it will continue to go up at the same rate as the Consumer Tax would have, such that it will be indistinguishable from the Consumer Tax by 2030. And no matter that the burden of that tax will ultimately be passed down to working Canadians in the form of higher prices.

Of course, when that happens, Carney & Co will probably blame Donald Trump, rather than their own crooked tax regime.

Yes, it is shameless. But it also puts Pierre Poilievre and the Conservatives in a bind. They’ve been proclaiming their intention to “Axe the Tax” for quite some time now. On the energy file, it was pretty much all you could get them to talk about. So much so that I was worried that upon entering government, they might just go after the low hanging fruit, repeal the Carbon Tax, and move on to other things, leaving the rest of the rotten Net-Zero superstructure in place.

But now, since the Liberals beat them to it (or claim they did,) the Conservatives are left grasping for a straightforward, signature policy which they can use to differentiate themselves from their opponents.

Poilievre’s recently announced intention to kill the Industrial Carbon Tax is welcome, especially at a time when Canadian business is under a tariff threat from both the U.S. and China. But that requires some explanation, and as the old political saying goes, “If you’re explaining, you’re losing.”

There is one policy change however, which comes to mind as a potential replacement. It’s bold, it would make the lives of Canadians materially better, and it’s so deeply interwoven with the “Green” grift of the environmentalist movement of which Mark Carney is so much a part that his party couldn’t possibly bring themselves to steal it.

Pierre Poilievre should pledge to repeal the Liberals’ Electric Vehicle mandate.

The EV mandate is bad policy. It forces Canadians to buy an expensive product — EVs cost more than Internal Combustion Engine (ICE) vehicles even when the federal government was subsidizing their purchase with a taxpayer-funded rebate of $5,000 per vehicle, but that program ran out of money in January and was discontinued. Without that rebate, EVs haven’t a prayer of competing with ICE vehicles.

EVs are particularly ill-suited for Canada. Their batteries are bad at holding a charge in the cold. Even in mild weather, EVs aren’t known for their reliability, a major downside in a country as spread out as ours. Maybe it’ll work out if you live in a big city, but what if you’re in the country? Heaven help you if your EV battery dies when you’re an hour away from everywhere.

Moreover, Canada doesn’t have the infrastructure to support a total replacement of gas-and-diesel driven vehicles with EVs. Our already-strained electrical grid just doesn’t have the capacity to support millions of EVs being plugged in every night. Natural Resources Canada estimates that we will need somewhere in the neighborhood of 450,000 public charging stations to support an entirely electric fleet. At the moment, we have roughly 30,000. That’s a pretty big gap to fill in ten years.

And that’s another fact which doesn’t get nearly as much attention as it should. The law mandates that every new vehicle sold in Canada must be electric by 2035. Maybe that sounded incredibly far in the future when it was passed, but now it’s only ten years away! That’s not a lot of time for these technological problems or cost issues to be resolved.

So the pitch from Poilievre here is simple.

“The Liberals, hoodwinked by the ideological (and false) narrative that EVs are better for the environment, want to force you to replace the car or truck you love with one you can’t afford which doesn’t do what you need it to do. If you vote Conservative, we will fix that, so you will be free to buy the vehicle that meets your needs, whether it’s battery or gas powered, because we trust you to make decisions for yourself. Mark Carney, on the other hand, does not. We won’t just Axe the Tax, we will End the EV Mandate!”

A decade (and counting) of Liberal misrule has saddled this country with a raft of onerous and expensive Net-Zero legislation I’d like to see the Conservative Party campaign against.

These include so-called “Clean Fuel” Regulations, Emissions Caps, their war on pipelines and Natural Gas terminals, not to mention Bill C-59, which bans businesses from touting the environmental benefits of their work if it doesn’t meet a government-approved standard.

But the EV mandate is bad for Canada, and terrible for Canadians. A pledge to repeal it would be an excellent start.

Dan McTeague is President of Canadians for Affordable Energy.

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2025 Federal Election

Three cheers for Poilievre’s alcohol tax cut

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By Franco Terrazzano

The Canadian Taxpayers Federation applauds Conservative Party Leader Pierre Poilievre’s commitment to end and reverse the alcohol escalator tax.

“Poilievre just promised major alcohol tax cuts and taxpayers will cheers to that,” said Franco Terrazzano, CTF Federal Director. “Poilievre’s tax cut will save Canadians money every time they have a cold one with a buddy or enjoy a glass of Pinot with their better half and it will give Canadians brewers, distillers and wineries a fighting chance against tariffs.”

Today, federal alcohol taxes increased by two per cent, costing taxpayers about $40 million this year, according to Beer Canada.

Poilievre announced a Conservative government “will axe the escalator tax on wine, beer and spirits back to 2017 levels, ending the automatic annual tax increases.”

The alcohol escalator tax has automatically increased excise taxes on beer, wine and spirits every year, without a vote in Parliament, since 2017. The alcohol escalator tax has cost taxpayers more than $900 million since being imposed, according to Beer Canada.

Taxes from multiple levels of government account for about half of the price of alcohol.

Meanwhile, tariffs are hitting the industry hard. Brewers have described the tariffs as “Armageddon for craft brewing.”

“Automatic tax hikes are undemocratic, uncompetitive and unaffordable and they need to stop,” Terrazzano said. “If politicians think Canadians aren’t paying enough tax, they should at least have the spine to vote on the tax increase.

“Poilievre is right to end the escalator tax and all party leaders should commit to making life more affordable for Canadian consumers and businesses by ending the undemocratic alcohol tax hikes.”

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