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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 7Intellectual Property Strategy (continued)

SUBDIVISION GR.S., c. N-15National Research Council Act

278 Subsection 3(2) of the National Research Council Act is replaced by the following:

  • Marginal note:Council incorporated

    (2) The Council is a corporation that has power to acquire, hold, sell or otherwise dispose of and loan or lease real, personal, movable and immovable property for the purposes of and subject to this Act.

  • 279 (1) Paragraph 5(1)(l) of the Act is replaced by the following:

    • (l) license, sell or otherwise grant or make available to others, and receive royalties, fees and payment for, any intellectual property right — including any patent, copyright, industrial design, trade-mark, trade secret, know-how or other similar right and any such future right that is described under a written agreement — that is held, developed, administered or controlled by the Council, whether vested in Her Majesty in right of Canada or in the Council; and

  • (2) Section 5 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Public Servants Inventions Act

      (3) Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by a public servant, as defined in section 2 of that Act, who is employed by the Council, and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Council.

SUBDIVISION HR.S., c. C-42Copyright Act (Copyright Board Reform)

Amendments to the Act

280 Paragraph (b) of the definition collective society in section 2 of the Copyright Act is replaced by the following:

  • (b) carries on the business of collecting and distributing royalties or levies payable under this Act in relation to a repertoire of works, performer’s performances, sound recordings or communication signals of more than one author, performer, sound recording maker or broadcaster; (société de gestion)

281 Paragraph 19(2)(a) of the Act is replaced by the following:

  • (a) in the case of a sound recording of a musical work, to the collective society authorized under Part VII.1 to collect them; or

282 Paragraph 29.9(2)(c) of the Act is replaced by the following:

  • (c) respecting the sending of information to collective societies that carry on the business of collecting royalties referred to in subsection 29.7(2) or (3).

283 Paragraph 30.02(4)(b) of the Act is replaced by the following:

  • (b) there is a tariff approved under section 70 that is applicable to the digital reproduction of the work, to the communication of the digital reproduction by telecommunication to persons acting under the authority of the institution and to the printing by those persons of at least one copy of the work; or

  • 284 (1) Subparagraphs 30.03(2)(a)(i) and (ii) of the English version of the Act are replaced by the following:

    • (i) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the tariff had been approved on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a), and

    • (ii) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which the tariff is approved; and

  • (2) Subparagraphs 30.03(2)(b)(i) and (ii) of the English version of the Act are replaced by the following:

    • (i) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which the tariff is approved, and

    • (ii) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the tariff had been approved on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a).

285 Paragraphs 30.3(2)(b) to (d) of the Act are replaced by the following:

  • (b) the Board has, in accordance with subsection 71(2), fixed the royalty rates and related terms and conditions;

  • (c) a tariff has been approved in accordance with section 70; or

  • (d) a collective society has filed a proposed tariff in accordance with section 68.

286 Subparagraphs 34(4)(c)(i) and (ii) of the Act are replaced by the following:

  • (i) a tariff approved by the Board under Part VII.1 or VIII, or

  • (ii) agreements referred to in subsection 67(3).

287 Subsection 38.1(4) of the Act is replaced by the following:

  • Marginal note:Limitation — certain acts

    (4) A collective society or copyright owner who has authorized a collective society to act on their behalf may make an election under this section with respect to an act set out in subsection (4.1) only if applicable royalties are set out in an approved tariff or fixed under subsection 71(2) and the defendant has not paid them. If they make the election, the collective society or copyright owner may only recover, in lieu of any other remedy of a monetary nature provided by this Act, an award of statutory damages in respect of such acts in a sum of not less than three and not more than ten times the amount of the applicable royalties, as the court considers just.

  • Marginal note:Acts for the purposes of subsection (4)

    (4.1) Subsection (4) applies with respect to the following acts:

    • (a) the performance in public of musical works or dramatico-musical works, of performer’s performances of such works, or of sound recordings embodying such works or performances; and

    • (b) the communication to the public by telecommunication of musical works or dramatico-musical works, other than as described in subsection 31(2), of performer’s performances of such works, or of sound recordings embodying such works or performances.

288 Paragraph 38.2(1)(b) of the Act is replaced by the following:

  • (b) under a tariff approved by the Board under section 70.

289 The headings before section 66 of the Act are replaced by the following:

PART VIICopyright Board

  • 290 (1) Subsection 66(1) of the English version of the Act is replaced by the following:

    Marginal note:Establishment

    • 66 (1) There is established a Board to be known as the Copyright Board, consisting of not more than five members, including a Chair and a Vice-chair, to be appointed by the Governor in Council.

  • (2) Subsection 66(3) of the Act is replaced by the following:

    • Marginal note:Chair

      (3) The Chair must be a judge, either sitting or retired, of a superior court.

  • (3) The portion of subsection 66(7) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Members deemed public service employees

      (7) A full-time member of the Board, other than the Chair, is deemed to be employed in

291 Section 66.1 of the English version of the Act is replaced by the following:

Marginal note:Duties of Chair

  • 66.1 (1) The Chair shall direct the work of the Board and apportion its work among its members.

  • Marginal note:Absence or incapacity of Chair

    (2) If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair has all the powers and functions of the Chair during the absence, incapacity or vacancy.

  • Marginal note:Duties of Vice-chair

    (3) The Vice-chair is the chief executive officer of the Board and has supervision over and direction of the Board and its staff.

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