Copyright Act (R.S.C., 1985, c. C-42)

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.

Marginal note:Remuneration and expenses

66.2 The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of residence.

Marginal note:Conflict of interest prohibited

• 66.3 (1) A member of the Board shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s duties.

• Marginal note:Termination of conflict of interest

  (2) Where a member of the Board becomes aware that he is in a conflict of interest contrary to subsection (1), the member shall, within one hundred and twenty days, terminate the conflict or resign.

Marginal note:Staff

• 66.4 (1) Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Idem

  (2) The officers and employees referred to in subsection (1) shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• Marginal note:Technical assistance

  (3) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist in the performance of its duties and the Board may, in accordance with Treasury Board directives, fix and pay the remuneration and expenses of those persons.

Marginal note:Concluding matters after membership expires

• 66.5 (1) A member of the Board whose term expires may conclude the matters that the member has begun to consider.

• Marginal note:Decisions

  (2) Matters before the Board shall be decided by a majority of the members of the Board and the presiding member shall have a second vote in the case of a tie.

Marginal note:Fair and equitable

66.501 The Board shall fix royalty and levy rates and any related terms and conditions under this Act that are fair and equitable, in consideration of

• (a) what would have been agreed upon between a willing buyer and a willing seller acting in a competitive market with all relevant information, at arm’s length and free of external constraints;

• (b) the public interest;

• (c) any regulation made under subsection 66.91(1); and

• (d) any other criterion that the Board considers appropriate.

Marginal note:Informal and expeditious

66.502 All matters before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit but, in any case, within any period or no later than any day provided for under this Act.

Marginal note:For greater certainty

66.503 For greater certainty, any person or entity may authorize any other person or entity to act on their behalf in any matter before the Board.

Marginal note:Case manager

• 66.504 (1) The Chair may assign a member, officer or employee of the Board or a person engaged under subsection 66.4(3) to act as a case manager of a matter before the Board.

• Marginal note:Powers

  (2) The case manager may give any directions or make any orders with respect to the case management of the matter, but is not permitted to make a direction or order that is inconsistent with

  • (a) this Act;

  • (b) regulations made under subsection 66.6(1), unless authorized to do so under regulations made under paragraph 66.6(1.1)(b); or

  • (c) regulations made under paragraph 66.91(2)(a) to (c), unless authorized to do so under regulations made under paragraph 66.91(2)(d).

• Marginal note:Deemed direction or order of Board

  (3) A direction given, or an order made, by a case manager is deemed to be a direction or order of the Board, including for the purposes of paragraph 28(1)(j) of the Federal Courts Act.

• Marginal note:Delegation

  (4) The Chair may delegate his or her power under subsection (1) to the Vice-chair.

Marginal note:Interim decisions

66.51 The Board may, on application, make an interim decision.

Marginal note:Variation of decisions

66.52 A decision of the Board respecting royalties or their related terms and conditions that is made under subsection 70(1), 71(2), 76.1(1) or 83(8) may, on application, be varied by the Board if, in its opinion, there has been a material change in circumstances since the decision was made.

Marginal note:Regulations

• 66.6 (1) The Board may, with the approval of the Governor in Council, make regulations governing

  • (a) the practice and procedure in respect of the Board’s hearings, including the number of members of the Board that constitutes a quorum;

  • (b) the time and manner in which applications and notices must be made or given;

  • (c) the establishment of forms for the making or giving of applications and notices; and

  • (d) the carrying out of the work of the Board, the management of its internal affairs and the duties of its officers and employees.

• Marginal note:Case management

  (1.1) The Board may, with the approval of the Governor in Council, make regulations governing the case management of matters before the Board, including regulations

  • (a) governing the directions a case manager may give and the orders they may make; and

  • (b) authorizing a case manager to give a direction or make an order that adapts, restricts or excludes the application of any provision of regulations made under subsection (1) to a matter or any step in a matter.

• Marginal note:Publication of proposed regulations

  (2) A copy of each regulation that the Board proposes to make under subsection (1) or (1.1) shall be published in the Canada Gazette at least 60 days before the regulation’s proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations with respect to the regulation.

• Marginal note:Exception

  (3) No proposed regulation that has been published pursuant to subsection (2) need again be published under that subsection, whether or not it has been altered as a result of representations made with respect thereto.

Marginal note:General powers, etc.

• 66.7 (1) The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its decisions and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

• Marginal note:Enforcement of decisions

  (2) Any decision of the Board may, for the purposes of its enforcement, be made an order of the Federal Court or of any superior court and is enforceable in the same manner as an order thereof.

• Marginal note:Procedure

  (3) To make a decision of the Board an order of a court, the usual practice and procedure of the court in such matters may be followed or a certified copy of the decision may be filed with the registrar of the court and thereupon the decision becomes an order of the court.

• Marginal note:Effect of variation of decision

  (4) Where a decision of the Board that has been made an order of a court is varied by a subsequent decision of the Board, the order of the court shall be deemed to have been varied accordingly and the subsequent decision may, in the same manner, be made an order of the court.

Marginal note:Distribution, publication of notices

66.71 Independently of any other provision of this Act relating to the distribution or publication of information or documents by the Board, the Board may at any time cause to be distributed or published, in any manner and on any terms and conditions that it sees fit, any notice that it sees fit to be distributed or published.

Marginal note:Studies

66.8 The Board shall conduct such studies with respect to the exercise of its powers as are requested by the Minister.

Marginal note:Report

• 66.9 (1) The Board shall, not later than August 31 in each year, submit to the Governor in Council through the Minister an annual report on the Board’s activities for the preceding year describing briefly the applications made to the Board, the Board’s decisions and any other matter that the Board considers relevant.

• Marginal note:Tabling

  (2) The Minister shall cause a copy of each annual report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

Marginal note:Regulations

• 66.91 (1) The Governor in Council may make regulations issuing policy directions to the Board and establishing general criteria to be applied by the Board or to which the Board must have regard

  • (a) in establishing fair and equitable royalties to be paid pursuant to this Act; and

  • (b) in rendering its decisions in any matter within its jurisdiction.

• Marginal note:Regulations regarding time

  (2) The Governor in Council may make regulations

  • (a) establishing the day by which, or the period within which, a matter before the Board — and any procedural step in the matter, whether set out in a provision of this Act or not — must be completed;

  • (b) establishing the minimum length of the effective period for the purposes of subsections 68.1(2) and 83(4);

  • (c) establishing a day for the purposes of paragraph 73.4(b); and

  • (d) authorizing the Board or a case manager to give a direction or make an order that adapts, restricts or excludes the application of any provision of regulations made under any of paragraphs (a) to (c) to a matter or any step in a matter.

• Marginal note:Inconsistency or conflict

  (3) Regulations made under subsection (2) prevail over regulations made under subsection 66.6(1) or (1.1) to the extent of an inconsistency or conflict between them.