Submission to the Standing Senate Committee on Transport andCommunications Study of Bill C-11, the Online Streaming Act October 4 2022 Submitted by Stéphane Cardin, Director, Public Policy - Netflix Canadascardin@netflix.com

Key Facts about Netflix ● Netflix is an entertainment company. We produce and invest in films, television shows andgames.

Netflix primarily offers scripted drama, comedy and long-form documentary contentto our members.● Netflix competes vigorously with all types of entertainment video from everywhere - andglobally, this competition is intensifying.● Netflix collects and remits sales tax across Canada and is supportive of the OECD Two Pillarsolution for addressing the tax challenges of digitalization.● Netflix places an emphasis on content protection and partnerships, helping creators accessnew, global audiences.● Netflix does not have a single model for rights agreements, and negotiates these terms on acase-by-case basis with producers.

Netflix welcomes this opportunity to inform the Standing Senate Committee on Transport andCommunications’ study of Bill C-11.

Our key observations and recommendations are summarizedbelow: ● Netflix brings some of the best content made by Canadians to our members here and aroundthe world, investing significantly in jobs and the economy across the country, while offering ourservice at a competitive price.● Bill C-11, as adopted by the House of Commons, aims to create a flexible framework that willenable the CRTC to recognize the different ways that online services contribute, and to tailorconditions of service applied to online undertakings.

Netflix believes that is the right approach,as it recognizes today’s dynamic and competitive global market for entertainment content.● Netflix remains concerned about a rigid approach that would simply transpose the currentprogramming expenditure requirements of Canadian broadcasting groups and currentdefinitions of Canadian content to online streaming services.● This would not create a level playing field, nor would it be fair or equitable.

Given the specificprogramming focus of our service, Netflix cannot benefit from the current flexibility in theCRTC’s regulatory rules which allows Canada’s large private sector broadcasters to dedicate amajority of their Canadian content spending through the categories of news and sportsprogramming.● Netflix is an active participant in Canada’s film and television industry. However, titles producedor solely financed by Netflix are not recognized as Canadian content - even when the majorityof key creative roles are held by Canadians.

We look forward to engaging in futureconversations about this regulatory restriction with the aim of producing more Canadiancontent.● An overly restrictive, complex or burdensome legislative and regulatory framework could resultin reduced opportunities for Canadian creators to reach a global audience.● Netflix supports the recommendations, including proposed amendments to Bill C-11, made bythe Motion Picture Association - Canada (MPA-Canada) in its submission.● Netflix encourages committee members to evaluate proposals for amendments to Bill C-11with a view to achieving the Government of Canada’s ambition to create a world-classcommunications sector for Canada, and ensuring that an appropriate balance is struckbetween the objectives of enabling and promoting Canadian culture, contributing to economic 1

growth, and safeguarding the interests of Canadian consumers - including affordability andchoice. Netflix in Canada “The density of talent in Canada is remarkable, and we’ve found that everywhere we shoot in Canada”—Ted Sarandos, Co-CEO and Chief Creative Officer,Netflix 1 Netflix launched in Canada in 2010. We offer our Canadian members a wide variety of series, filmsand games from around the world, on a vast array of internet-connected devices. Our extensive library of titles produced in Canada continues to grow.

In the past year alone, severalnew Netflix titles likeThe Adam Project,Maid, VirginRiver S4andThe Umbrella Academy S3werereleased on the service to our members in Canada and around the world, and others like, Firefly LaneS2, The Mother andSlumberlandwill soon be released. Canada’s independent producers, broadcasters and distributors are valued partners and we continueto collaborate on great Canadian stories like: ● the seriesFakes(launched in other countries aroundthe world in September and coming toNetflix in Canada early next year), produced by Reality Distortion Field and co-licensed withCBC Gem.

The 10-episode, half-hour series, created by Canadian David Turko and set inVancouver, is the story of two teenage best friends who accidentally build one of the largestfake ID empires in North America;● our upcoming feature filmCode 8,

Part II,directedby Canadian Jeff Chan, with Canadianproduction company Collective Pictures, and Canadians Robbie and Stephen Amell reprisingtheir roles from the iconic first film; and● our upcoming stand-up special with rising Quebec comedian Mathieu Dufour, produced byJuste pour rire, and recorded during Montréal’s Just For Laughs festival last July. We also continue to license new and classic series and films from Canada, in English and in French.On the series front, our members can enjoy classics likeDue South, Rookie Blue,Les Filles de CalebandLa vie, la vieas well as new favourites likeMoonshine.

As for films, in June 2021, we licensed 25 Québécois features from Les Films Séville, includingLaChute de l’empire américain,IncendiesetLaurenceAnyways. And to celebrate National CanadianFilm Day in April 2022, we added 21 classic Canadian films includingAtanarjuat,Café de FloreandAway from Her. We’re also licensing newer hits, likeLe Guide de la Famille Parfaite.

We also continue to license Canadian documentaries, including Rezolution Pictures’Rumble: TheIndians Who Rocked The World, and unscripted series,like Marblemedia’sBlown Away(3 seasons),Restaurants on the Edgeand the upcomingDrink Masters. 1 Victoria Ahearn. “Netflix plans to open office inCanada and ‘grow our relationship’ with Canadian creative community”.The Globe and Mail. February 11, 2021.https://www.theglobeandmail.com/business/article-netflix-plans-to-open-office-in-canada-and-grow-our-relationship-with/ 2

In fact, since 2017, we’ve invested more than 3.5 billion dollars in Canada for films and series thathave launched on Netflix. This reflects the high quality, diversity and competitiveness of Canadiancreators, talent, crews and facilities. Additionally, Netflix continues to support our more than 20 partners - including the Indigenous ScreenOffice, the Fabienne Colas Foundation’s Being Black in Canada program and imagineNATIVE -investing in the next generation of Canadian creators from underrepresented groups, and helpingbring their stories to life.

In October 2021, we opened our corporate office in Toronto, and hired our first in-country contentexecutives, Danielle Woodrow and Tara Woodbury. The primary goal of their work is to find greatCanadian stories from Canadian talent and share them with the world. Over the past year, they’vebeen busy engaging with creators across the country, traveling to eight provinces and territories, andparticipating in over 400 meetings. We’re excited by the opportunity and look forward to working with new and established creators to tellhigh-quality, Canadian stories that will resonate with our members everywhere.

Made in Canada, Seen by the World “Il y a plus de place qu’avant pour les séries nonanglophones. Et pour ça, je dis merci à Netflix,parce qu’au cours des dernières années, on a tous regardé des shows sous-titrés. C’est eux quiont lancé la mode.” —Nicola Merola, président de Pixcom 2 Great stories can come from anywhere and be loved everywhere. With members in more than 190countries around the world, we know that authentically told stories will resonate with viewers no matterwhere they live.

Canadian collections, genre categories, dedicated URLs and search functions, as well as marketingand social campaigns, make it easy for all our members to discover Canadian titles. Netflix also offers subbing and dubbing in more than 30 languages - and that number continues togrow - making Netflix’s Canadian films and TV series more accessible on a global scale. Between January 2016 and May 2020, there were more than 800 Canadian and Canadian-madetitles available on Netflix globally and more than 90% of view hours of these titles occurred outside ofCanada.

Viewing Canadian stories also draws visitors to our country. In September 2021, we launchedNetflixin Your Neighbourhood, a microsite dedicated to celebratingthe diverse Canadian locations used formany of our productions across the country, “makingit easy for fans to find and maybe even plan a tripto a favourite filming location.” 3 Our research foundthat Netflix content made in Canada has a huge 3 Dana Gee. “Neighbourly Netflix: Check out online the Canadian locations for your favourite shows”.

Vancouver Sun.September 28, 2021.https://vancouversun.com/entertainment/television/neighbourly-netflix-check-out-online-the-canadian-locations-for-your-favourite-shows 2 Marc-André Lemieux. “La planète plus ouverte auxséries du Québec". Le Journal de Montréal. October 14, 2019.https://www.journaldemontreal.com/2019/10/14/la-planete-plus-ouverte-aux-series-du-quebec 3

effect on cultural affinity and desire to travel here. Further, the research showed that people whowatch Netflix are 1.8x more likely to have seen Canadian programming than those that don’t. 4 Netflix and Canadian Production “Une production québécoise a-t-elle déjà pu rejoindre un aussi large public international en si peu detemps? Il est permis d’en douter.

Pour Patrice Laliberté [director of Jusqu’au Déclin] , ces donnéesrevêtent un caractère vertigineux” 5 Netflix is producing original content in Canada; co-licensing Canadian stories with Canadianbroadcasters; and acquiring Canadian content being loved by audiences around the world andrecognized with the industry’s most prestigious awards - in English and in French. Each of thesemodels contributes to the system.

However, there are examples of titles on Netflix that meet six or more CAVCO key creativerequirements but cannot be certified as Cancon because the projects were financed exclusively byNetflix, from development to delivery. ● Jusqu’au Déclin,shot in the Laurentians with itsall-Québec cast and crew, resulted in $5.8M indirect investment in the Province of Québec.

The film was viewed by over 21 millionsubscribers in the first four weeks of its release to global audiences.● The Willoughbys, co-written and directed by CanadianKris Pearn, produced byVancouver-based Bron Studios and featuring the voices of singer-songwriter Alessia Cara(making her acting debut as the voice of Jane), Martin Short (Father), and comedian SeánCullen (twins Barnaby A & B), resulted in over $54 million in direct investment in Canada. Thefilm was viewed by over 37 million members in the first four weeks of its release to globalaudiences. Current

definitions of Canadian content do not acknowledge the full contributions of streamingservices to Canadian programming. We are encouraged by the fact that the Minister of CanadianHeritage has stated his intention to ask the CRTC to look at and modernize the definition of Canadiancontent. 6 Netflix and Production in Canada: Direct and Indirect Impacts Film and Television Production in Canada remains robust 6 Marie Woolfe. “What's Canadian? Minister to update definition of Canadian film and TV productions”.

Canadian Press.May 3, 2022.https://www.cbc.ca/news/politics/defining-canadian-broadcast-content-1.6440074 5 Marc-André Lussier. “21 millions de visionnements sur Netflix pour Jusqu’au déclin". La Presse. May 15, 2020.https://www.lapresse.ca/cinema/2020-05-15/21-millions-de-visionnements-sur-netflix-pour-jusqu-au-declin 4 https://www.netflixinyourneighbourhood.ca/tourism-and-filming-in-canada/Methodology: In November 2020, BASIS research evaluated the impact of Canadian content on cultural affinity towards theculture of and tourism to Canada.

The report aggregates findings from research studies in Brazil, France, Germany,Australia and Sweden. In total 13,500 people were surveyed and 20 Netflix titles were tested. 4

The Canadian Media Producers Association and Association québécoise de la productionmédiatique’s most recent Industry Profile 7 reports: ● Total film and television production in Canada remained above $9B, experiencing a slightCOVID-related contraction from the previous year’s all-time high of $9.3B;● Canadian foreign and location services production remained stable at over $5B, sustainingemployment for Canadian creators, crews and businesses during this challenging period;and● Foreign investment in production in Canada remained above $6B, similar to the previousyear’s all-time high of $6.1B.

Netflix is proud of its substantial contributions to the Canadian film and television industry. “As far as direct-spending, it’s definitely been the biggest that we’ve had in Victoria. Reverberationsfrom the nine-month shoot will likely be felt for years to come.” 8 — Kathleen Gilbert, film commissioner, Vancouver Island South Film and Media Commission, aboutthe seriesMaid. Netflix has established physical production hubs in the Toronto and Vancouver areas - leasing over 25stages as well as office and support space - bringing our production footprint in Canada to over800,000 square feet.

In March 2022, we extended our lease agreement with Canada’s largest filmstudio, Martini Film Studios in Langley, BC, for five years. We’ve invested in films and series produced all over the country including places like Victoria,Cochrane, Brandon, Hamilton, St. Catharines, Coburg, Sudbury, Ste-Agathe, Bromont, Lunenburg,Charlottetown and St.

John’s. ● Over the course of producingThe Adam Project-starringVancouver’s Ryan Reynolds anddirected by Montréal’s Shawn Levy- Netflix provided employment for a cast and crew ofaround 1,200 people featuring key Canadian talent, and worked with around 150 businessesbased in Vancouver, of which more than three-quarters were small and medium sizedbusinesses. In total, Netflix’s spending with Canadian businesses contributed around $40M toCanadian GDP.● The production ofMaidcreated over 200 full-timejobs for crew and generated an economicimpact of approximately $10M to the Greater Victoria area.

The series was shot entirelyon-location. More than 160 locations were used during filming.● The production ofBlack Summer S2in southern Alberta,Netflix provided $17M in wages andcreated 207 full-time jobs for cast and crew.● The production ofLocke and Key S1in Ontario andNova Scotia provided $38M in wages toCanadian residents, created 277 full-time jobs for cast and crew, and over 5,000 days of workfor background positions (extras) and daily hires. Total production investment in Canadaamounted to $80M. 8 Mike Devlin. “In streaming series Maid, you'll recognizelocations from all over Greater Victoria”.

Times Colonist. October1, 2021.https://www.timescolonist.com/entertainment/in-streaming-series-maid-youll-recognize-locations-from-all-over-greater-victoria-4692466 7 Canadian Media Producers Association. “Economic report on the screen-based media production industry in Canada”.2021.https://cmpa.ca/wp-content/uploads/2022/04/Profile-2021-EN.pdf 5

Netflix continues to collaborate with top Canadian animation studios on titles likeThe Last Kids onEarth, My Little Pony: Make Your Markand the upcomingSonic Prime, and several of Canada’sleading VFX companies worked their magic on shows such asThe Adam ProjectandStranger Things. In November 2021, we acquired Scanline VFX, a global VFX provider. Scanline has 1,200 employeesworldwide, including 400 in Vancouver and 200 in Montréal. 9 Netflix will invest in Scanline’s pipeline,infrastructure and workforce in Canada.

And last July, we announced we were acquiring Animal Logic,a leading animation studio with employees in Sydney, Los Angeles and Vancouver (the transaction hasyet to close). 10 In November 2021, we launched our first selection of mobile games, including several titles fromCanadian game developers. And last May, we launched The Queen’s Ball, an in-person immersiveexperience based on our hit seriesBridgerton, whichwas conceived and produced by teams fromNetflix, Shondaland, and Fever who collaborated from Montréal, Los Angeles and Madrid.

Much of theproduction was developed by local talent, including creative director Carl Fillion, production directorSimon Vigneau and costume designer Marie-Chantale Vaillancourt. The sets were built by Montréal’sStudio Artefact. 11 The Queen’s Ball will launch in Toronto on October 6, and is currently scheduled to run throughDecember 2022. Advancement of Canadian Creators and Talent “Also consider the streamers; while a threat to legacy players, they haven’t said no to us for 30 years.Who were among ISO’s first partners? Netflix and Amazon.

There’s an eagerness from ourcommunities to explore options that don’t have a history of excluding or presenting false images of us.Onboarding those folks into our system means an avenue of representation for our communities.” 12 -Jesse Wente, Executive Director, Indigenous ScreenOffice. Netflix is supporting the development and advancement of the next generation of Canadian creators -with a focus on BIPOC, LGBTQ+, Francophone and women screenwriters, directors and producers. ● To-date, Netflix has committed to more than 20 partnerships with both English and Frenchorganizations across the country.

These partnerships reflect our commitment to diversity andcreative growth for Canadian talent.● Through initiatives with partner organizations, we have supported over 1,000 emerging,mid-career, and established Canadian creators from every province and territory.● Of those, over 300 creators are from Québec and more than 150 are Indigenous.● We’re also launching our own initiatives including Advancing Voices, a paid developmentprogram to teach emerging writers from underrepresented groups how to develop for 12 https://playbackonline.ca/2022/03/15/the-sessions-episode-4-diversity-representation-and-the-online-streaming-act/ 11 Leah Collins. “Betting on the Bridgerton Ball — immersive pop-up experiences are back”.

CBC Arts. May 26 2022.https://www.cbc.ca/arts/betting-on-the-bridgerton-ball-immersive-pop-up-experiences-are-back-1.6467016 10 https://about.netflix.com/en/news/netflix-acquisition-animal-logic 9 https://about.netflix.com/en/news/bringing-more-vfx-magic-to-our-members-with-scanline-vfx 6

streamers. The seven selected participants will receive direct mentorship for the pitchesoptioned by Netflix. 13 Netflix is also providing opportunities for Canadian talent to secure their break-out roles: ● Maitreyi Ramakrishnan, born and raised in Mississauga, Ontario, burst onto the scene afterbeing selected by Mindy Kaling to star in the Netflix seriesNever Have I Ever.

Less than a yearafter the release of season 1, Maitreyi appeared on Time Magazine’s 100 Next list in 2021, inaddition to being presented with this year’s Radius Award by The Academy of CanadianCinema and Television, which honours a Canadian whose work is making waves globally.In September 2022, Maitreyi joined Netflix's Head of Global TV, Bela Bajaria at the CanadianEmbassy in Washington D.C. for a discussion about how shows likeNever Have I Everarehelping more people see their lives reflected on-screen.

During the 30 minute discussion thatwas moderated by Canada's Consul General for Los Angeles, Zaib Shaikh, Maitreyi and Belaspoke of their excitement for how TV is changing and the opportunities for new and diversestorytelling.

The event was attended by more than 100 guests and was hosted by AmbassadorKirsten Hillman.● Looking ahead to upcoming releases, two young Canadian talents were announced as leadroles in the epic live-action series which is currently in production in B.C., based on the iconicanimated titleAvatar: The Last Airbender.Filipino-Canadianactor Gordon Cormier andMohawk actress Kiawentiio will showcase our country’s extraordinary talent by bringing thisbeloved story to life for audiences globally. Additional young Canadian talent on the showinclude Joel Oulette and Lucian-River Chauhan.

Netflix is also providing opportunities for below-the-line personnel. During production ofThe AdamProject, we partnered with Ryan Reynolds and BlakeLively’s Group Effort Initiative, which exists tocreate a pipeline for members of the BIPOC and other marginalized communities to get realexperience towards a lasting career within the entertainment industry. Eight Canadian trainees wereplaced in a number of roles. They were paid a salary and accommodation was also provided for thoseliving outside Vancouver.

Supporting Canadian creators and crews through the COVID-19 pandemic “Notre organisation favorise toute création d’emplois, quelle qu’elle soit : québécoise,canadienne-anglaise ou américaine . Il faut embrasser la croissance de l’industrie de l’audiovisuel. Çacrée des opportunités incroyables. Ça peut contribuer à relancer l’économie post-pandémique duQuébec.”— Christian Lemay, President, AQTIS 514 IATSE 14 In March 2020, Netflix announced a COVID-19 emergency fund 15 to support the hardest hit workersfrom the creative community worldwide, including $1.5 million for Canada.

The AFC received $1million and the Fondation des artistes (FDA) received $500,000. In November 2021, Netflix renewed 15 Ted Sarandos. “Emergency support for workers in thecreative community”. Netflix. March 20, 2020.https://about.netflix.com/en/news/emergency-support-for-workers-in-the-creative-community 14 Marc-André Lemieux. “Une année 2022 plus tranquille se profile”. La Presse. May 19, 2022.https://www.lapresse.ca/arts/television/2022-05-18/tournages-etrangers/une-annee-2022-plus-tranquille-se-profile.php 13 Sadaf Ahsan. The Globe and Mail. June 16, 2022.

Netflix launches development program for diverse Canadian writers.https://www.theglobeandmail.com/arts/article-netflix-launches-development-program-for-diverse-canadian-writers-2/ 7

its support to the FDA with an additional donation of $250K. Overall, our support has enabled over1,000 Canadian creators to make it through this difficult period. Bill C-11 “We love shooting in Toronto. We just opened an office there. Our talent wants to go there. You canshoot a wide range of budgets, with expert creatives at every level. You have robust urban and rurallocations.

There are animation services, post-production services, an incredible amount of talent andcreativity.”— Amy Reinhard, Vice-president of Studio Operations, Netflix 16 Canada is one of the countries in which Netflix is most active in terms of production. This isattributable to the wealth of creative talent in the country, its highly-skilled crews, state-of-the-artinfrastructure and breathtaking and diverse locations. It is also attributable to the fact that Canada’sentertainment industry is globally competitive.

Bill C-11, as adopted by the House of Commons, aims to create a flexible framework that will enablethe CRTC to recognize the different ways that online services contribute, to tailor conditions of serviceapplied to online undertakings, and to modernize the definition of Canadian content. Netflix supportssuch an approach, as it recognizes today’s dynamic and competitive global market for entertainmentcontent. Netflix remains concerned about a rigid approach that would simply transpose the currentprogramming expenditure requirements of Canadian broadcasting groups and current

definitions ofCanadian content to online streaming services. This would not create a level playing field, nor would it be fair or equitable. Given the specificprogramming focus of our service, Netflix cannot benefit from the current flexibility in the CRTC’sregulatory rules which allows Canada’s large private sector broadcasters to dedicate a majority of theirCanadian content spending through the categories of news and sports programming. Nor would the current

definitions of Canadian content recognize titles that are produced or solelyfinanced by Netflix, even when the majority of key creative roles are held by Canadians. As the Committee considers amendments being proposed to Bill C-11, we encourage it to continue toapproach the legislation and its implementation through a modern lens - one that takes into accountthe fundamental changes in how Canadians are choosing to access entertainment content, as well asthe differences between traditional broadcasters and online streamers.

Netflix also hopes that the value of the significant and sustained investment of online entertainmentservices in Canada will continue to be recognized, as well as the positive impacts those investmentshave had for Canadian creators, workers and consumers. 16 Johanna Schneller. “How streaming turned Torontointo studio city extraordinaire”. The Globe and Mail. February 4,2022.https://www.theglobeandmail.com/arts/article-how-streaming-turned-toronto-into-studio-city-extraordinaire 8

Proposed Amendments to Bill C-11 Netflix supports the recommendations, including proposed amendments to Bill C-11, made by theMotion Picture Association - Canada (MPA-Canada) in its submission. They are designed to addclarity and certainty to the flexible regulatory framework proposed in the legislation.

Netflix encourages committee members to evaluate proposals for amendments to Bill C-11 with aview to achieving the Government of Canada’s ambition to create a world-class communicationssector for Canada, and ensuring that an appropriate balance is struck between the objectives ofenabling and promoting Canadian culture, contributing to economic growth, and safeguarding theinterests of Canadian consumers. 17 In addition, Netflix proposes amendments to the confidentiality provisions of Bill C-11.

Theamendments would expressly permit an applicant to confirm information designated as confidential,even if the CRTC determines that the public interest warrants disclosure. Consistent with the currentpractice under the CRTC’s Rules of Practice and Procedure in broadcasting matters, such informationwouldbe inadmissible as evidence. The amendmentsare attached as an Appendix to this submission.

ABOUT NETFLIXNetflix is one of the world's leading entertainment services with 221 million paid memberships in over190 countries enjoying TV series, documentaries, feature films and mobile games across a widevariety of genres and languages. Members can watch as much as they want, anytime, anywhere, onany internet-connected screen. Members can play, pause and resume watching, all withoutcommercials or commitments. 17 Broadcasting and Telecommunications Legislative Review - Terms of Reference. 9

Appendix:Proposed amendments to Bill C-11 Proposed Revisions to

Section 25.3 Amendments The following amendments are proposed for sections 25.3(4) (in bold, underlined italics) Disclosure of information submitted in proceedings

(4) If designated information is submitted in the course of proceedings before theCommission, (

a) subject to subsection (a.1), the Commission may,while protecting the privacyof Canadians, disclose the information or require its disclosure if the Commissiondetermines, after considering any representations from interested persons, that thedisclosure is in the public interest; (a.1)any information submitted to the Commissionby a broadcasting undertakingpursuant to subsection 9.1(1)(j), other than information provided by alicensee or a person exempt from the requirement to hold a licence under anorder made under subsection 9(4), shall be confidential and must notknowingly be disclosed or made available by the Commission unless suchinformation is in an aggregated form that prevents information obtainedfrom an identifiable person from being related to that person; (

b) the Commission maydisclose the information or requireits disclosure to theCommissioner of Competition on the Commissioner’s request if the Commissiondetermines that the information is relevant to competition issues being considered inthe proceedings;and (

c) Notwithstanding subsection (

a) and (b), if the persondesignating theinformation as confidential confirms the designation, the Commission must notdisclose or require the disclosure of the information and the information is notadmissible in evidence in a proceeding. The following amendments are proposed for sections 25.3(5): Disclosure of other information

(5) If designated information is submitted to the Commission otherwise than in the courseof proceedings before it, (

a) subject to subsection (a.1), the Commission may,while protecting the privacy ofCanadians, disclose the information or require its disclosure if, after considering anyrepresentations from interested persons, the Commission considers that the information isrelevant to a matter arising in the exercise of its powers or the performance of its duties andfunctions and determines that the disclosure is in the public interest; (a.1) any information submitted to the Commissionby a broadcasting undertakingpursuant to subsection 9.1(1)(j), other than information provided by a licensee or a 10

person exempt from the requirement to hold a licence under an order made undersubsection 9(4), shall be confidential and must not knowingly be disclosed or madeavailable by the Commission unless such information is in an aggregated form thatprevents information obtained from an identifiable person from being related tothat person; (

b) the Commission maydisclose the information orrequire its disclosure to theCommissioner of Competition, on the Commissioner’s request, if the Commission considersthat the information is relevant to competition issues that are related to such a matter;and (

c) notwithstanding subsection (

a) and (b), if theperson designating the information asconfidential confirms the designation, the Commission must not disclose or require thedisclosure of the information. 18 18 The reference to “the information is not admissible in evidence in a proceeding” is inapplicable in the context ofsubsection 25.3(5) and has been deleted from the proposed amendment to 25.3(5)(c). 11