Marginal note:Filing of proposed tariffs
67.1 (1) Each collective society referred to in section 67 shall, on or before the March 31 immediately before the date when its last tariff approved pursuant to subsection 68(3) expires, file with the Board a proposed tariff, in both official languages, of all royalties to be collected by the collective society.
Marginal note:Where no previous tariff
(2) A collective society referred to in subsection (1) in respect of which no tariff has been approved pursuant to subsection 68(3) shall file with the Board its proposed tariff, in both official languages, of all royalties to be collected by it, on or before the March 31 immediately before its proposed effective date.
Marginal note:Effective period of tariffs
(3) A proposed tariff must provide that the royalties are to be effective for periods of one or more calendar years.
Marginal note:Prohibition of enforcement
(4) If a proposed tariff is not filed with respect to the work, performer’s performance or sound recording in question, no action may be commenced, without the written consent of the Minister, for
(a) the infringement of the rights, referred to in section 3, to perform a work in public or to communicate it to the public by telecommunication;
(b) the infringement of the rights referred to in paragraph 15(1.1)(d) or 18(1.1)(a); or
(c) the recovery of royalties referred to in section 19.
Marginal note:Publication of proposed tariffs
(5) 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, prospective users or their representatives may file written objections to the tariff with the Board.
- 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
- Date modified: