Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
Full Document:
- HTMLFull Document: Budget Implementation Act, 2018, No. 2 (Accessibility Buttons available) |
- PDFFull Document: Budget Implementation Act, 2018, No. 2 [7138 KB]
Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 7Intellectual Property Strategy (continued)
SUBDIVISION HR.S., c. C-42Copyright Act (Copyright Board Reform) (continued)
297 Subsections 83(2) to (10) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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).
Marginal note: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.
Marginal note: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.
Marginal note:Copy of objection
(6) The Board shall provide a copy of the filed objection to each collective society concerned.
Marginal note:Reply
(7) Each collective society concerned may file a reply to an objection with the Board.
Marginal note:Copy to objector
(7.1) The Board shall provide a copy of the filed reply to the person or entity that filed the objection.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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
Marginal note: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.
Consequential Amendments
Marginal note: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.
Transitional Provisions
Marginal note: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.
Marginal note: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.
Marginal note: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.
Coming into Force
Marginal note:Royal assent or April 1, 2019
302 This Subdivision comes into force on the later of the day on which this Act receives royal assent and April 1, 2019.
DIVISION 8Parental Benefits and Related Leave
1996, c. 23Employment Insurance Act
Amendments to the Act
303 (1) Paragraph 12(4)(b) of the Employment Insurance Act is replaced by the following:
(b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is,
(i) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 40, or
(ii) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 69.
(2) Subsection 12(4.01) of the Act is replaced by the following:
Marginal note:Maximum — parental benefits
(4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is,
(a) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 40; or
(b) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 69.
304 Subsections 23(4) and (4.1) of the Act are replaced by the following:
Marginal note:Division of weeks of benefits
(4) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.05 or under both those sections may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.1) or 152.05(1.1) is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Marginal note:Maximum number of weeks that can be divided
(4.1) For greater certainty, if, in respect of the same child or children, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed
Marginal note:Maximum number of weeks per claimant
(4.11) Even if the weeks of benefits payable are divided in accordance with subsections (4) and (4.1), the maximum number of weeks for which benefits may be paid to a claimant is 35 or 61 weeks, in accordance with the election made under subsection (1.1) or 152.05(1.1).
- Date modified: