Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2016-06-06 and last amended on 2015-06-23. Previous Versions

Levy on Blank Audio Recording Media

Marginal note:Liability to pay levy
  •  (1) Every person who, for the purpose of trade, manufactures a blank audio recording medium in Canada or imports a blank audio recording medium into Canada

    • (a) is liable, subject to subsection (2) and section 86, to pay a levy to the collecting body on selling or otherwise disposing of those blank audio recording media in Canada; and

    • (b) shall, in accordance with subsection 83(8), keep statements of account of the activities referred to in paragraph (a), as well as of exports of those blank audio recording media, and shall furnish those statements to the collecting body.

  • Marginal note:No levy for exports

    (2) No levy is payable where it is a term of the sale or other disposition of the blank audio recording medium that the medium is to be exported from Canada, and it is exported from Canada.

  • 1997, c. 24, s. 50.
Marginal note:Filing of proposed tariffs
  •  (1) Subject to subsection (14), each collective society may file with the Board a proposed tariff for the benefit of those eligible authors, eligible performers and eligible makers who, by assignment, grant of licence, appointment of the society as their agent or otherwise, authorize it to act on their behalf for that purpose, but no person other than a collective society may file any such tariff.

  • Marginal note:Collecting body

    (2) Without limiting the generality of what may be included in a proposed tariff, the tariff may include a suggestion as to whom the Board should designate under paragraph (8)(d) as the collecting body.

  • Marginal note:Times for filing

    (3) Proposed tariffs must be in both official languages and must be filed on or before the March 31 immediately before the date when the approved tariffs cease to be effective.

  • Marginal note:Where no previous tariff

    (4) A collective society in respect of which no proposed tariff has been certified pursuant to paragraph (8)(c) shall file its proposed tariff on or before the March 31 immediately before its proposed effective date.

  • Marginal note:Effective period of levies

    (5) A proposed tariff must provide that the levies are to be effective for periods of one or more calendar years.

  • Marginal note:Publication of proposed tariffs

    (6) As soon as practicable after the receipt of a proposed tariff filed pursuant to subsection (1), the Board shall publish it in the Canada Gazette and shall give notice that, within sixty days after the publication of the tariff, any person may file written objections to the tariff with the Board.

  • Marginal note:Board to consider proposed tariffs and objections

    (7) The Board shall, as soon as practicable, consider a proposed tariff and any objections thereto referred to in subsection (6) or raised by the Board, and

    • (a) send to the collective society concerned a copy of the objections so as to permit it to reply; and

    • (b) send to the persons who filed the objections a copy of any reply thereto.

  • Marginal note:Duties of Board

    (8) On the conclusion of its consideration of the proposed tariff, the Board shall

    • (a) establish, in accordance with subsection (9),

      • (i) the manner of determining the levies, and

      • (ii) such terms and conditions related to those levies as the Board considers appropriate, including, without limiting the generality of the foregoing, the form, content and frequency of the statements of account mentioned in subsection 82(1), measures for the protection of confidential information contained in those statements, and the times at which the levies are payable,

    • (b) vary the tariff accordingly,

    • (c) certify the tariff as the approved tariff, whereupon that tariff becomes for the purposes of this Part the approved tariff, and

    • (d) designate as the collecting body the collective society or other society, association or corporation that, in the Board’s opinion, will best fulfil the objects of sections 82, 84 and 86,

    but the Board is not obligated to exercise its power under paragraph (d) if it has previously done so, and a designation under that paragraph remains in effect until the Board makes another designation, which it may do at any time whatsoever, on application.

  • Marginal note:Factors Board to consider

    (9) In exercising its power under paragraph (8)(a), the Board shall satisfy itself that the levies are fair and equitable, having regard to any prescribed criteria.

  • Marginal note:Publication of approved tariffs

    (10) The Board shall publish the approved tariffs in the Canada Gazette as soon as practicable and shall send a copy of each approved tariff, together with the reasons for the Board’s decision, to the collecting body, to each collective society that filed a proposed tariff, and to any person who filed an objection.

  • Marginal note:Authors, etc., not represented by collective society

    (11) An eligible author, eligible performer or eligible maker who does not authorize a collective society to file a proposed tariff under subsection (1) is entitled, in relation to

    • (a) a musical work,

    • (b) a performer’s performance of a musical work, or

    • (c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodied,

    as the case may be, to be paid by the collective society that is designated by the Board, of the Board’s own motion or on application, the remuneration referred to in section 81 if such remuneration is payable during a period when an approved tariff that is applicable to that kind of work, performer’s performance or sound recording is effective, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

  • Marginal note:Exclusion of other remedies

    (12) The entitlement referred to in subsection (11) is the only remedy of the eligible author, eligible performer or eligible maker referred to in that subsection in respect of the reproducing of sound recordings for private use.

  • Marginal note:Powers of Board

    (13) The Board may, for the purposes of subsections (11) and (12),

    • (a) require a collective society to file with the Board information relating to payments of moneys received by the society pursuant to section 84 to the persons who have authorized it to file a tariff under subsection (1); and

    • (b) by regulation, establish the periods, which shall not be less than twelve months, beginning when the applicable approved tariff ceases to be effective, within which the entitlement referred to in subsection (11) must be exercised.

  • Marginal note:Single proposed tariff

    (14) Where all the collective societies that intend to file a proposed tariff authorize a particular person or body to file a single proposed tariff on their behalf, that person or body may do so, and in that case this section applies, with such modifications as the circumstances require, in respect of that proposed tariff.

  • 1997, c. 24, s. 50.

Distribution of Levies Paid

Marginal note:Distribution by collecting body

 As soon as practicable after receiving the levies paid to it, the collecting body shall distribute the levies to the collective societies representing eligible authors, eligible performers and eligible makers, in the proportions fixed by the Board.

  • 1997, c. 24, s. 50.
Marginal note:Reciprocity
  •  (1) Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

    • (a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country; and

    • (b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

  • Marginal note:Reciprocity

    (2) Where the Minister is of the opinion that another country neither grants nor has undertaken to grant to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

    • (a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that that country grants those benefits to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada; and

    • (b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

  • Marginal note:Application of Act

    (3) Any provision of this Act that the Minister specifies in a statement referred to in subsection (1) or (2)

    • (a) applies in respect of performers or makers of sound recordings covered by that statement, as if they were citizens of or, if corporations, had their headquarters in Canada; and

    • (b) applies in respect of a country covered by that statement, as if that country were Canada.

  • Marginal note:Application of Act

    (4) Subject to any exceptions that the Minister may specify in a statement referred to in subsection (1) or (2), the other provisions of this Act also apply in the way described in subsection (3).

  • 1997, c. 24, s. 50;
  • 2001, c. 27, s. 241.
 
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