Copyright Act (R.S.C., 1985, c. C-42)

Full Document:  

Act current to 2019-02-14 and last amended on 2018-12-13. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2014, c. 20, s. 366(1)

    • Replacement of “trade-mark” in other Acts
      • 366 (1) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks” are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any Act of Parliament, other than this Act and the Trademarks Act.

  • — 2018, c. 27, s. 280

    • 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)

  • — 2018, c. 27, s. 281

    • 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

  • — 2018, c. 27, s. 282

    • 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).

  • — 2018, c. 27, s. 283

    • 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

  • — 2018, c. 27, s. 284

      • 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).

  • — 2018, c. 27, s. 285

    • 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.

  • — 2018, c. 27, s. 286

    • 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).

  • — 2018, c. 27, s. 287

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

      • 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.

      • 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.

  • — 2018, c. 27, s. 288

    • 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.

  • — 2018, c. 27, s. 289

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

      PART VIICopyright Board

  • — 2018, c. 27, s. 290

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

        • 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:

        • 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:

        • Members deemed public service employees

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

  • — 2018, c. 27, s. 291

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

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

        • 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.

        • 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.

  • — 2018, c. 27, s. 292

    • 292 The Act is amended by adding the following after section 66.5:

      • 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.

      • 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.

      • 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.

      • 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.

        • 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).

        • 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.

        • Delegation

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

  • — 2018, c. 27, s. 293

    • 293 Section 66.52 of the Act is replaced by the following:

      • 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.

  • — 2018, c. 27, s. 294

    • 294 Subsection 66.6(2) of the Act is replaced by the following:

      • 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.

      • 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.

  • — 2018, c. 27, s. 295

    • 295 Section 66.91 of the Act is renumbered as subsection 66.91(1) and is amended by adding the following:

      • 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.

      • 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.

  • — 2018, c. 27, s. 296

    • 296 The heading before section 67 and sections 67 to 76 of the Act are replaced by the following:

      PART VII.1Collective Administration of Copyright

      Collective Societies

      • Filing of proposed tariffs
        • 67 (1) A collective society may file a proposed tariff with the Board for the purpose of establishing royalties with respect to rights the collective society administers under section 3, 15, 18, 19 or 21.

        • Mandatory filing for certain royalties

          (2) However, a collective society shall file a proposed tariff with the Board for the purpose of establishing royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d).

        • Entering into agreements

          (3) A collective society may enter into agreements for the purpose of establishing royalties with respect to rights the collective society administers 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).

      • Designation of collective society — paragraph 19(2)(a)

        67.1 On application by a collective society, the Board may designate the collective society as the sole collective society authorized to collect all royalties referred to in paragraph 19(2)(a) with respect to a sound recording of a musical work.

      • Requests regarding repertoire

        67.2 A collective society shall answer, within a reasonable time, all reasonable requests from any person for information about its repertoire of works, performer’s performances, sound recordings or communication signals.

      Tariffs

      Proposed Tariffs
      • Filing

        68 A proposed tariff must be filed no later than October 15 of the second calendar year before the calendar year in which the proposed tariff is to take effect or, if a day is established under regulations made under subsection 66.91(2), no later than that day.

      • 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.

        • 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.

      • 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.

      • 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.

        • 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.

        • Copy to collective society

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

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

        • 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
      • 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.

      • 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.

        • 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
      • 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.

        • 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 the provisions of section 20 other than subsections 20(3) and (4);

          • (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.

        • 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.

        • 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).

        • 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.

        • 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).

        • Regulations

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

      • 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.

      Fixing of Royalty Rates in Individual Cases

      • 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.

        • 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.

        • 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).

        • For greater certainty

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

        • 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.

        • 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.

      • 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

      • 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.

        • 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.

        • Community systems

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

        • 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).

        • Definition of advertising revenues

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

        • 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.

      • Radio performances in places other than theatres
        • 72.1 (1) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropiate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.

        • Expenses to be taken into account

          (2) In fixing royalties under subsection (1), the Board shall take into account all expenses of collection and other outlays, if any, saved or savable by, for or on behalf of the owner of the copyright or performing right concerned or their agents, in consequence of that subsection.

      Effects Related to Tariffs and Fixing of Royalty Rates

      Permitted Acts and Enforcement
      • Effect of fixing royalties

        73 Without prejudice to any other remedies available to it, the collective society concerned may collect the royalties specified in an approved tariff or fixed by the Board under subsection 71(2) for the applicable period and, in default of their payment, recover them in a court of competent jurisdiction.

      • Order — compliance with terms and conditions

        73.1 Without prejudice to any other remedies available to it, the collective society concerned may apply to a court of competent jurisdiction for an order directing a person to comply with any terms and conditions that are set out in an approved tariff or that are fixed by the Board under subsection 71(2).

      • Continuation of rights

        73.2 If a proposed tariff’s effective period begins before the proposed tariff is approved, and immediately after the expiry of the previous tariff, then, from the start of the effective period of the proposed tariff until the earlier of its approval and the end of its effective period,

        • (a) any person authorized under the previous tariff to do an act that is referred to in section 3, 15, 18 or 21 and that is covered by the proposed tariff may do so; and

        • (b) the collective society may collect the royalties in accordance with the previous tariff.

      • Proceedings barred — tariff

        73.3 No proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if

        • (a) the person has paid or offered to pay the royalties set out in an approved tariff that apply with respect to that act;

        • (b) in the case where section 73.2 applies with respect to that act, the person has paid or offered to pay the royalties referred to in paragraph 73.2(b); or

        • (c) in the case where no tariff has been approved with respect to that act and section 73.2 does not apply with respect to it, the person has offered to pay the royalties that are included in a proposed tariff and that will apply to that act once the tariff is approved.

      • Approval of request made under section 69

        73.4 If the Board approves an application made under section 69, no proceedings may be brought against a person for the infringement of a right with respect to an act referred to in section 3, 15, 18 or 21 if

        • (a) the proposed tariff, if approved, will not apply to the act as a result of the Board’s approval of the application; and

        • (b) the act occurs during the effective period set out in the proposed tariff and before the first anniversary of the day on which the collective society made its application under section 69 or, if a day has been established by regulations made under subsection 66.91(2), before that day.

      • Effect of fixing of royalties
        • 73.5 (1) If any royalties or related terms and conditions are fixed under subsection 71(2) in respect of a person, the person may, during the applicable period and on paying or offering to pay the applicable royalties, do the act referred to in section 3, 15, 18 or 21 with respect to which the royalties or related terms and conditions are fixed, subject to those related terms and conditions and to the terms and conditions established by the collective society and the person.

        • Authority during application

          (2) If an application is made under subsection 71(1), a person in respect of whom royalties or terms and conditions may be fixed may, until the Board’s final decision on the application, do an act referred to in section 3, 15, 18 or 21 to which the application applies if the person has offered to pay the applicable royalties in accordance with any applicable related terms and conditions.

      Effects of Agreement
      • No application

        74 An approved tariff and any royalty rates and related terms and conditions fixed by the Board under subsection 71(2), as well as sections 73.2 to 73.5, do not apply to a person in respect of the matters covered by an agreement referred to in subsection 67(3) that applies to the person.

      Claim by Copyright Owner — Particular Royalties

      • Claims by non-members
        • 75 (1) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in paragraph 31(2)(d) is, if the work is communicated to the public by telecommunication during a period when an approved tariff that is applicable to that kind of work is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

        • Payment to non-members

          (2) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in subsection 29.7(2) or (3) is, if such royalties are payable during a period when an approved tariff that is applicable to that kind of work or other subject matter is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject.

        • Exclusion of other remedies

          (3) The entitlement referred to in subsections (1) and (2) is the only remedy of the owner of the copyright for the payment of royalties for the communication, making of the copy or sound recording or performance in public, as the case may be.

        • Measures

          (4) The Board may, for the purposes of this section,

          • (a) require a collective society to file with the Board information relating to payments of royalties collected by it to the persons who have authorized it to collect those royalties; and

          • (b) by regulation, establish periods of not less than 12 months within which the entitlements referred to in subsections (1) and (2) must be exercised, beginning on

            • (i) the making of the copy, in the case of royalties referred to in subsection 29.7(2),

            • (ii) the performance in public, in the case of royalties referred to in subsection 29.7(3), or

            • (iii) the communication to the public by telecommunication, in the case of royalties referred to in paragraph 31(2)(d).

      Examination of Agreements

      • Definition of Commissioner
        • 76 (1) For the purposes of this section and section 76.1, Commissioner means the Commissioner of Competition appointed under the Competition Act.

        • Filing agreement with the Board

          (2) If a collective society enters into an agreement under subsection 67(3) with a user, either party may file a copy of the agreement with the Board within 15 days after it is entered into.

        • Non-application of section 45 of Competition Act

          (3) Section 45 of the Competition Act does not apply in respect of any royalties or related terms and conditions arising under an agreement filed in accordance with subsection (2).

        • Access by Commissioner

          (4) The Commissioner may have access to the copy of an agreement filed in accordance with subsection (2).

        • Request for examination

          (5) If the Commissioner considers that an agreement filed in accordance with subsection (2) is contrary to the public interest, he or she may, after advising the parties, request that the Board examine it.

      • Examination and fixing of royalty
        • 76.1 (1) The Board shall consider a request by the Commissioner to examine an agreement and may, after giving the Commissioner and the parties to the agreement an opportunity to present their arguments, alter the royalties and any related terms and conditions arising under the agreement or fix new related terms and conditions.

        • Copy of decision and reasons

          (2) The Board shall send a copy of the decision and the reasons for it to the parties and to the Commissioner.

      PART VII.2Certain Applications to Board

  • — 2018, c. 27, s. 297

    • 297 Subsections 83(2) to (10) of the Act are replaced by the following:

      • Filing of proposed tariff

        (2) A proposed tariff must be filed no later than October 15 of the second calendar year before the calendar year in which the proposed tariff is to take effect or, if a day is established under regulations made under subsection 66.91(2), no later than that day.

      • Form and content

        (3) A proposed tariff must be filed in both official languages and include

        • (a) the proposed levy rates and any related terms and conditions; and

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

        It may also include a suggestion as to whom the Board should designate under paragraph (8)(b).

      • Minimum effective period

        (4) 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.

      • Publication

        (5) The Board, in the manner that it sees fit, shall publish the proposed tariff and a notice that any person or entity who files an objection must do so no later than the 30th day after the day on which the Board made the proposed tariff public or, if a day is established under regulations made under subsection 66.91(2), no later than that day.

      • Copy of objection

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

      • Reply

        (7) Each collective society concerned may file a reply to an objection with the Board.

      • Copy to objector

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

      • Approval

        (8) The Board shall, within the period that is established under regulations made under subsection 66.91(2),

        • (a) approve a proposed tariff, after making any alterations to the levy rates and the related terms and conditions, or fixing any new related terms and conditions, that the Board considers appropriate; and

        • (b) subject to subsection (8.2), 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.

      • Terms and conditions

        (8.1) The related terms and conditions may include terms and conditions such as the form, content and frequency of the statements of account referred to in subsection 82(1), measures for the protection of confidential information contained in those statements, and the times at which the levies are payable.

      • Designation

        (8.2) The Board is not obligated to designate a collecting body under paragraph (8)(b) if it has previously done so, and a designation under that paragraph remains in effect until the Board, under a proposed tariff or on a separate application, makes another designation.

      • Publication of approved tariffs

        (9) 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 collecting body;

        • (b) each collective society that filed a proposed tariff;

        • (c) every person or entity that filed an objection under subsection (5); and

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

      • Continuation of rights

        (10) If a proposed tariff’s effective period begins before the proposed tariff is approved and that effective period begins immediately after the expiry of the previous tariff, then — from the start of the effective period of the proposed tariff until the earlier of its approval and the end of its effective period — the collecting body may collect the levies in accordance with the previous tariff.

  • — 2018, c. 27, s. 298

    • Repeals

      298 The following provisions are repealed:

      • (a) section 27 of the Copyright Act, R.S., 1985, c. 10 (4th Supp.);

      • (b) section 149 of the Canada – United States Free Trade Implementation Act, S.C. 1988, c. 65;

      • (c) sections 6 and 7 of An Act to amend the Copyright Act, S.C. 1993, c. 23; and

      • (d) subsections 20(3) and 22(2) and sections 53 and 53.1 of An Act to amend the Copyright Act, S.C. 1997, c. 24.

  • — 2018, c. 27, s. 299

    • Paragraphs 66.501(a) and (b)

      299 The Copyright Board is not required to consider the criteria set out in paragraphs 66.501(a) and (b) of the Copyright Act, as enacted by section 292 of this Act, in a matter in which it fixes royalty rates, levies or any related terms and conditions if the matter is commenced before the day on which this section comes into force.

  • — 2018, c. 27, s. 300

    • Subsections 68.1(2) and 83(4)

      300 Neither subsection 68.1(2) nor subsection 83(4) of the Copyright Act, as enacted by sections 296 and 297 of this Act, respectively, applies with respect to a proposed tariff filed before the day on which this section comes into force.

  • — 2018, c. 27, s. 301

    • Subsection 67.1(4)

      301 Subsection 67.1(4) of the Copyright Act, as it read immediately before the day on which this section comes into force, continues to apply with respect to

      • (a) an infringement referred to in that subsection that occurred before that day; and

      • (b) the recovery of royalties to be paid under section 19 of that Act in relation to an act that occurred before that day.

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