Copyright Act

Version of section 68 from 2002-12-31 to 2012-11-06:


Marginal note:Board to consider proposed tariffs and objections

  •  (1) The Board shall, as soon as practicable, consider a proposed tariff and any objections thereto referred to in subsection 67.1(5) 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:Criteria and factors

    (2) In examining 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

    • (a) shall ensure that

      • (i) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in subsections 20(1) and (2),

      • (ii) 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

      • (iii) the payment of royalties by users pursuant to section 19 will be made in a single payment; and

    • (b) may take into account any factor that it considers appropriate.

  • Marginal note:Certification

    (3) The Board shall certify the tariffs as approved, with such alterations to the royalties and to the terms and conditions related thereto as the Board considers necessary, having regard to

    • (a) any objections to the tariffs under subsection 67.1(5); and

    • (b) the matters referred to in subsection (2).

  • Marginal note:Publication of approved tariffs

    (4) The Board shall

    • (a) publish the approved tariffs in the Canada Gazette as soon as practicable; and

    • (b) send a copy of each approved tariff, together with the reasons for the Board’s decision, to each collective society that filed a proposed tariff and to any person who filed an objection.

  • 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.
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