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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Clear out junk files and repair common Windows errorsFree Scan →CBC has asked the Federal Court to review an order requiring it to disclose how many people pay for CBC Gem. The paid-subscriber total remains undisclosed in the available official records. A separate figure CBC gave Parliament—5.3 million people who had created a Gem account—does not show how many of them pay.
How many paid CBC Gem subscribers are there?
The paid-subscriber count has not been disclosed in the records described by the Office of the Information Commissioner. CBC withheld the figure after an access-to-information request, and although the Commissioner ordered its release, CBC said it would not implement the order and applied for Federal Court review.
At a House of Commons Canadian Heritage Committee hearing on October 20, 2025, CBC/Radio-Canada President Marie-Philippe Bouchard said, “I can give you a number of 5.3 million. That’s the number of people who have created an account.” Asked whether those people were paying, she answered, “No, not necessarily.” The 5.3 million figure is therefore an account-creation total, not the paid-subscriber number the access request sought. Read the committee transcript.
Why did the Information Commissioner order disclosure?
In a decision dated August 20, 2025, the Information Commissioner considered CBC’s use of two provisions of the federal Access to Information Act: section 68.1, which excludes certain CBC information relating to journalistic, creative or programming activities, and paragraph 18(b), which permits withholding information when disclosure could reasonably be expected to harm an institution’s competitive position or interfere with negotiations. Read the Commissioner’s decision, Canadian Broadcasting Corporation (Re), 2025 OIC 44.
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The figure concerned both programming and administration
The Commissioner accepted that paid Gem subscriber numbers relate to programming: CBC said the figures can inform programming decisions and show audience response. But the Commissioner also found that the number relates to the platform’s financial performance and management. The report’s summary says: “The Information Commissioner found that the number of paid subscribers to CBC Gem, even if it is related to CBC’s programming activities, also relates to its general administration.”
In the Commissioner’s analysis, information that relates to both programming and general administration was not shielded by the programming exclusion. The Commissioner concluded section 68.1 did not prevent disclosure of this figure.
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Possible commercial harm was not enough
CBC argued that competitors might use subscriber information to target Gem users or infer audience reactions to programming and advertising changes. It also said disclosure could affect negotiations with broadcast distribution undertakings. The Commissioner considered those harms possible but found CBC had not shown a reasonable expectation that they would occur beyond mere possibility. The report also says the Commissioner was not persuaded that a single subscriber snapshot would interfere with negotiations over carriage of CBC News Network.
The Commissioner summarized the finding this way: “The Commissioner also found that, while CBC did identify possible harms to its competitive position or to ongoing negotiations, it did not demonstrate that there was a reasonable expectation that these harms could occur, well beyond a mere possibility.” On that basis, the Commissioner found paragraph 18(b) did not justify withholding the number and ordered CBC to disclose it.
Why is CBC challenging the order?
CBC’s position is that paid subscriber numbers are commercially sensitive in a competitive streaming market and could affect commercial relationships, including bundling. At the October 2025 committee hearing, Bouchard said Gem began as a free service and later added paid features, including ad-free viewing and access to CBC News Network. She said CBC wanted the courts to reconcile its confidentiality position with how it understood the CRTC’s treatment of such information. These are CBC’s arguments, not findings that disclosure would in fact cause the harms it describes.
The Commissioner’s report addressed CBC’s references to CRTC treatment of aggregate digital-media survey figures. It said the cited material did not establish that non-publication was solely intended to prevent competitive harm, and noted comparability concerns about how survey respondents reported figures. That discussion is the Commissioner’s interpretation of the cited CRTC material; it is not a separate CRTC ruling on this specific access request.
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The dispute reflects two interests: public access to information about a Crown corporation and protection of commercial information in a competitive market. The Commissioner concluded that the statutory grounds CBC relied on did not justify keeping this particular figure confidential. CBC is contesting that conclusion.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Has the Federal Court decided the case?
The Office of the Information Commissioner’s 2025–2026 Annual Report identifies CBC’s proceeding as Federal Court file T-3985-25 and confirms that CBC applied for review, arguing the information is exempt under paragraph 18(b) and excluded under section 68.1. The report does not state that the Court has issued a final decision. On the official information cited here, the court outcome is not established; the Commissioner’s disclosure order should not be described as a final Federal Court judgment. See the Information Commissioner’s 2025–2026 Annual Report.
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