Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Form and content

• 68.1 (1) A proposed tariff must be filed in both official languages and include

  • (a) the acts to which the tariff is to apply;

  • (b) the proposed royalty rates and any related terms and conditions; and

  • (c) the effective period of the proposed tariff.

• Marginal note:Minimum effective period

  (2) A proposed tariff’s effective period must be at least three calendar years or, if a minimum period is established under regulations made under subsection 66.91(2), at least that minimum period.

Marginal note:Publication and notification

68.2 The Board, in the manner that it sees fit,

• (a) shall publish the proposed tariff as well as a notice that any objection to the proposed tariff must be filed within the period set out in subsection 68.3(2); and

• (b) may distribute a notice — or cause it to be distributed or published, on any terms and conditions that the Board sees fit — of the publication of the tariff and of the notice referred to in paragraph (a) to any person affected by the proposed tariff.

Marginal note:Filing of objection

• 68.3 (1) An objection to a proposed tariff may be filed with the Board by

  • (a) an educational institution, if the proposed tariff is filed for the purpose of collecting royalties referred to in subsection 29.7(2) or (3);

  • (b) a retransmitter, as defined in subsection 31(1), if the proposed tariff is filed for the purpose of collecting royalties referred to in paragraph 31(2)(d); or

  • (c) any user, in any other case.

• Marginal note:Time for filing objection

  (2) An objection shall be filed no later than the 30th day after the day on which the Board published the proposed tariff under paragraph 68.2(a) or, if a day is established under the regulations made under subsection 66.91(2), no later than that day.

• Marginal note:Copy to collective society

  (3) The Board shall provide a copy of the filed objection to the collective society.

Marginal note:Reply to objection

• 68.4 (1) The collective society may file a reply to an objection with the Board.

• Marginal note:Copy to be provided

  (2) The Board shall provide a copy of the filed reply to the person or entity that filed the objection.

Withdrawal or Amendment of Proposed Tariff

Marginal note:Request to withdraw or amend

69 A collective society may, before a proposed tariff filed by it has been approved by the Board, make an application to the Board requesting that

• (a) the proposed tariff be withdrawn; or

• (b) a reference to an act set out in the proposed tariff be excluded from the approved tariff for all of the proposed effective period or, despite subsection 68.1(2), for a portion of that period.

Marginal note:Approval by Board

• 69.1 (1) The Board shall approve an application made under section 69 if it is satisfied that

  • (a) the collective society has provided sufficient public notice of its intention to make the application;

  • (b) every person who, in respect of the proposed effective period, has paid royalties that would not be payable if the application were approved has

    • (i) consented to the application,

    • (ii) received a refund of the royalties, or

    • (iii) entered into an agreement under subsection 67(3) that covers the act, repertoire or proposed effective period that is the subject of the application; and

  • (c) in the case of an application made under paragraph 69(b) with respect to a portion of the proposed effective period, the application is not made for the purpose of improperly circumventing the required minimum effective period.

• Marginal note:For greater certainty

  (2) For greater certainty, the approval of an application made under section 69 does not preclude the collective society from filing, in accordance with this Act, a proposed tariff that deals in whole or in part with the act, repertoire or proposed effective period that was the subject of the application.

Approval of Tariffs

Marginal note:Approval

• 70 (1) The Board shall — within the period, if any, that is established under regulations made under subsection 66.91(2) — approve the proposed tariff after making any alterations to the royalty rates and the related terms and conditions, or fixing any new related terms and conditions, that the Board considers appropriate.

• Marginal note:Factors — performances of musical works and sound recordings

  (2) In approving a proposed tariff for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works, or of sound recordings embodying such performer’s performances, the Board shall ensure that

  • (a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20;

  • (b) the tariff does not, because of linguistic and content requirements of Canada’s broadcasting policy set out in section 3 of the Broadcasting Act, place some users that are subject to that Act at a greater financial disadvantage than others; and

  • (c) the payment of royalties by users under section 19 will be made in a single payment.

• Marginal note:Small cable transmission system

  (3) The Board shall fix a preferential royalty rate for small cable transmission systems in approving a tariff for

  • (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

  • (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.

• Marginal note:Small retransmission systems

  (4) The Board shall fix a preferential royalty rate for small retransmission systems in approving a tariff for royalties referred to in paragraph 31(2)(d).

• Marginal note:For greater certainty

  (5) For greater certainty, the Board may determine, in respect of any tariff that it approves, the portion of the royalties that is to be paid to each collective society.

• Marginal note:No discrimination

  (6) For greater certainty, the Board must not discriminate between owners of copyright on the ground of their nationality or residence in approving a tariff for royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d).

• Marginal note:Regulations

  (7) The Governor in Council may make regulations defining “small cable transmission system” and “small retransmission system” for the purposes of this section.

Marginal note:Publication of approved tariff

70.1 The Board shall publish the approved tariff in the Canada Gazette and provide a copy of it, together with the reasons for the Board’s decision, to

• (a) the collective society that filed the proposed tariff;

• (b) every collective society that is authorized to collect royalties under the tariff;

• (c) every person or entity that filed an objection under section 68.3; and

• (d) any other person or entity that, in the Board’s opinion, ought to receive the copy and reasons.

70.11 [Repealed, 2018, c. 27, s. 296]

70.12 [Repealed, 2018, c. 27, s. 296]

70.13 [Repealed, 2018, c. 27, s. 296]

70.14 [Repealed, 2018, c. 27, s. 296]

70.15 [Repealed, 2018, c. 27, s. 296]

70.16 [Repealed, 2018, c. 27, s. 296]

70.17 [Repealed, 2018, c. 27, s. 296]

70.18 [Repealed, 2018, c. 27, s. 296]

70.19 [Repealed, 2018, c. 27, s. 296]

70.191 [Repealed, 2018, c. 27, s. 296]

70.2 [Repealed, 2018, c. 27, s. 296]

70.3 [Repealed, 2018, c. 27, s. 296]

70.4 [Repealed, 2018, c. 27, s. 296]

70.5 [Repealed, 2018, c. 27, s. 296]

70.6 [Repealed, 2018, c. 27, s. 296]

70.61 to 70.8 [Repealed, 1997, c. 24, s. 50]

Fixing of Royalty Rates in Individual Cases

Marginal note:Application to fix

• 71 (1) If a collective society and a user are unable to agree on royalties to be paid with respect to rights under section 3, 15, 18, 19 or 21, other than royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d), or are unable to agree on any related terms and conditions, the collective society or user may, after giving notice to the other party, apply to the Board to fix the royalty rates or any related terms and conditions, or both.

• Marginal note:Fixing royalties, etc.

  (2) The Board may, for a period that the Board may specify, fix the royalty rates or their related terms and conditions, or both, as the case may be.

• Marginal note:Application of subsections 70(2) and (3)

  (3) Subsections 70(2) and (3) apply, with any necessary modifications, to the fixing of royalty rates or terms and conditions, or both, by the Board under subsection (2).

• Marginal note:For greater certainty

  (4) For greater certainty, the Board may deny an application made under subsection (1) or any part of one.

• Marginal note:Copy of decision and reasons

  (5) The Board shall send a copy of the decision and the reasons for it to the collective society and the user.

• Marginal note:Definition of user

  (6) In this section, user means

  • (a) a user who is not otherwise authorized to do an act referred to in section 3, 15, 18 or 21 in respect of the works, performer’s performances, sound recordings or communication signals included in a collective society’s repertoire; or

  • (b) a user who is required to pay, in respect of sound recordings included in a collective society’s repertoire, a royalty referred to in section 19 that has not otherwise been fixed or agreed on.

Marginal note:Agreement

71.1 The Board shall not proceed with an application under section 71 in respect of any matter in issue on which an agreement has been reached, if a notice is filed with the Board that such an agreement has been reached.

Special Rules Related to Royalty Rates

Marginal note:Special royalty rates

• 72 (1) Subsections (2) and (3) apply despite the tariffs approved by the Board under section 70, or despite the royalty rates fixed under subsection 71(2), for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works or of sound recordings embodying such performer’s performances.

• Marginal note:Wireless transmission systems

  (2) For wireless transmission systems, other than community systems and public transmission systems, broadcasters shall pay

  • (a) $100 on the first $1.25 million of annual advertising revenues in respect of each year; and

  • (b) 100% of the royalties set out in the approved tariff or fixed under subsection 71(2) for that year on any portion of annual advertising revenues exceeding $1.25 million.

• Marginal note:Community systems

  (3) For community systems, broadcasters shall pay royalties of $100 in respect of each year.

• Marginal note:Effect of paying royalties

  (4) The payment of the royalties set out in subsection (2) or (3) fully discharges all liabilities of the system in question in respect of the approved tariffs or the royalties fixed under subsection 71(2).

• Marginal note:Definition of advertising revenues

  (5) The Board may, by regulation, define “advertising revenues” for the purposes of subsection (2).

• Marginal note:Regulations

  (6) The Governor in Council may make regulations defining “community system”, “public transmission system” and “wireless transmission system” for the purposes of this section.