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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART VIICopyright Board (continued)

Marginal note:Distribution, publication of notices

 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.

  • 1997, c. 24, s. 43

Marginal note:Studies

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

  • R.S., 1985, c. 10 (4th Supp.), s. 12

Marginal note:Report

  •  (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.

  • R.S., 1985, c. 10 (4th Supp.), s. 12

Marginal note:Regulations

  •  (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.

  • 1997, c. 24, s. 44
  • 2018, c. 27, s. 295

PART VII.1Collective Administration of Copyright

Collective Societies

Marginal note:Filing of proposed tariffs

  •  (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.

  • Marginal note: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).

  • Marginal note: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).

  • R.S., 1985, c. C-42, s. 67
  • R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12
  • 1993, c. 23, s. 3
  • 1997, c. 24, s. 45
  • 2018, c. 27, s. 296

Marginal note:Designation of collective society — paragraph 19(2)(a)

 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.

  • R.S., 1985, c. 10 (4th Supp.), s. 12
  • 1997, c. 24, s. 45
  • 2001, c. 34, s. 35(E)
  • 2012, c. 20, s. 52
  • 2018, c. 27, s. 296

Marginal note:Requests regarding repertoire

 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.

  • R.S., 1985, c. 10 (4th Supp.), s. 12
  • 1993, c. 23, s. 4, c. 44, ss. 71, 79
  • 1997, c. 24, s. 45
  • 2018, c. 27, s. 296

 [Repealed, 1997, c. 24, s. 45]

Tariffs

Proposed Tariffs

Marginal note:Filing

 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.

  • R.S., 1985, c. C-42, s. 68
  • R.S., 1985, c. 10 (4th Supp.), s. 13
  • 1993, c. 23, s. 5
  • 1997, c. 24, s. 45
  • 2012, c. 20, s. 53
  • 2018, c. 27, s. 296

Marginal note:Form and content

  •  (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.

  • 1997, c. 24, s. 45
  • 2018, c. 27, s. 296

Marginal note:Publication and notification

 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.

  • 1997, c. 24, s. 45
  • 2012, c. 20, s. 54
  • 2018, c. 27, s. 296

Marginal note:Filing of objection

  •  (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.

  • 2018, c. 27, s. 296

Marginal note:Reply to objection

  •  (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.

  • 2018, c. 27, s. 296
 
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