November 2022 Update: Netflix

By: Brad McNeil, PhD Student (McMaster University)

Netflix Services Canada ULC: November Lobbying Summary

Netflix Services Canada ULC is a subsidiary of Netflix Inc. Reg Thompson, President of Netflix Services Canada ULC, registered four communications with Directors of Policy of the Canadian Radio-television and Telecommunications Commission (CRTC) and Canadian Heritage (PCH) on the subject matter of “Arts and Culture, Broadcasting.”

Scott’s comments signal a subtle change in tone, suggesting a lighter approach to the regulation of Canadian content on streaming service operating in Canada than originally thought. Initially, in June of 2022, Scott claimed that the regulator may require platforms to “manipulate [the algorithm] to produce particular outcomes.”  This, he seemed to clarify in November, may not be the case. Rather, Scott argues that the CRTC is interested primarily in an outcome where Canadian content is being promoted by streaming platforms, regulators are less interested in the specific tools they apply to generate that outcome.

On December 9, 2022, legal scholar Michael Geist suggested that part of the problem with Bill C-11 is what counts as Canadian content that streaming platforms are being asked to promote. Geist notes that although a program can be produced, filmed, and about Canada, if Netflix owns the intellectual property that program will not count as Canadian content. Because the criteria for CanCon remains somewhat unclear for platforms and their users, Geist notes that the CRTC has forced Netflix into a uncomfortable regulatory position.  

Geist’s article suggests that Netflix’s meetings with the CRTC and Canadian Heritage are about what should count as CanCon, and continuing discussions about whether, or if at all, user generated content would be regulated under Bill C-11. Netflix has significant interest in these communications because, as Geist notes: “Netflix pumps billions of dollars into film and television production and content licensing in Canada; it spends more on dramatic film and television production in Canada than any Canadian broadcaster.”  

The following table charts Netflix’s logged communication reports for the month of November 2022. Netflix logged no communication reports with the Registry of Lobbyist for the month of December 2022. The information provided in this chart come from Netflix Canada’s profile on the Registry of Lobbyist website.

Communication Date	Lobbied	Subject Matters	Responsible Officer
2022-11-08	Michael Craig, Director | Broadcasting Chairperson’s Office | Canadian Radio-television and Telecommunications Commission (CRTC) – Scott Shortliffe, Executive Director | Broadcasting Chairperson’s Office | Canadian Radio-television and Telecommunications Commission (CRTC)	Arts and Culture, Broadcasting	Reg Thompson, President
2022-11-24	Ron Ahluwalia, Director of Policy | Canadian Heritage (PCH) – Ashley Michnowski, Director of Communications | Canadian Heritage (PCH)	Arts and Culture, Broadcasting	Reg Thompson, President
2022-11-24	Ron Ahluwalia, Director of Policy Minister’s Office, Canadian Heritage (PCH) – Ashley Michnowski, (Acting) Chief of Staff Minister’s Office, Canadian Heritage (PCH)	Arts and Culture, Broadcasting	Greg Maceachern (Consultant)
2022-11-24	Ron Ahluwalia, Director of Policy Canadian Heritage (PCH) – Ashley Michnowski, Director of Communications Canadian Heritage (PCH)	Arts and Culture, Broadcasting	Christopher McCluskey (Consultant)