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Time Limits in Respect of Matters Before the Copyright Board Regulations (SOR/2020-264)

Regulations are current to 2021-05-04

Time Limits in Respect of Matters Before the Copyright Board Regulations

SOR/2020-264

COPYRIGHT ACT

Registration 2020-12-04

Time Limits in Respect of Matters Before the Copyright Board Regulations

P.C. 2020-982 2020-12-04

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Minister of Canadian Heritage, pursuant to paragraphs 66.91(2)(a)Footnote a and (d)Footnote a of the Copyright ActFootnote b, makes the annexed Time Limits in Respect of Matters Before the Copyright Board Regulations.

Definition

Marginal note:Definition of Act

 In these Regulations, Act means the Copyright Act.

Time Limits

Marginal note:Proposed tariff

 The Board must make a decision with respect to the approval of a proposed tariff under subsection 70(1) or 83(8) of the Act

  • (a) if the Board holds any written or oral hearings in respect of the proposed tariff, within the period of 12 months after the day that is fixed by the Board or a case manager as the final day on which any party may present their written or oral submissions to the Board; and

  • (b) in any other case, before the day on which the effective period of the proposed tariff begins.

Marginal note:Royalty rates or terms and conditions

 The Board must make a decision with respect to the fixing of royalty rates or their related terms and conditions, or both, under subsection 71(2) of the Act within the period of 12 months after the day that is fixed by the Board or a case manager as the final day on which any party may present their written or oral submissions to the Board.

Marginal note:Final day for submissions

 If, on or after the day fixed by the Board or a case manager as the final day on which any party may present their written or oral submissions to the Board, the Board or a case manager fixes another day as the final day on which any party may present their written or oral submissions to the Board, that later day is not considered to be the final day for the purpose of determining the 12-month period referred to in paragraph 2(a) or section 3.

Marginal note:Notice to parties

 The Board or a case manager must, within the period of three months after the day on which the Board publishes a proposed tariff under section 68.2 or subsection 83(5) of the Act, notify the collective society that filed the proposed tariff and any person or entity that filed an objection to the proposed tariff as to whether the Board will hold a written or oral hearing in respect of the proposed tariff.

Marginal note:Extension of time limit

  •  (1) The Board or a case manager may, in exceptional circumstances, give a direction or make an order that extends a period referred to in section 2 or 3 and sets out the extended period and the exceptional circumstances that justify the extension.

  • Marginal note:Notice

    (2) After a direction is given or an order is made, the Board must publish, in the manner that it sees fit, a notice of the direction or order.

Transitional Provisions

Marginal note:Conformity with these Regulations

 Subject to sections 8 to 11, every matter that is pending before the Board on the day on which these Regulations come into force must be continued under and in conformity with sections 1 to 6 in so far as it may be done consistently with those provisions.

Marginal note:Notice not provided

 If, in respect of a matter pending before the Board, on the day on which these Regulations come into force, the Board or a case manager has not notified the collective society that filed a proposed tariff and any person or entity that filed an objection to the proposed tariff as to whether the Board will hold a written or oral hearing in respect of the proposed tariff and the three-month period referred to in section 5 has ended, the Board or a case manager must provide the notice within two months after the day on which these Regulations come into force.

Marginal note:No hearing

 If, in respect of a proposed tariff, on the day on which these Regulations come into force, the effective period of the proposed tariff has begun and if, at any time before the end of two months after the day on which these Regulations come into force, the Board or a case manager notifies the collective society that filed the proposed tariff and any person or entity that filed an objection to the proposed tariff that the Board will not hold any written or oral hearings in respect of the proposed tariff, the Board must make a decision with respect to the approval of the proposed tariff, under subsection 70(1) or 83(8) of the Act, within 12 months after the day on which these Regulations come into force.

Marginal note:Hearing held

 If, in respect of a matter pending before the Board, on the day on which these Regulations come into force, the Board has already held a hearing in respect of the matter and the 12-month period referred to in paragraph 2(a) or section 3 has ended or will end in less than six months, the Board must make a decision referred to in that paragraph or section within six months after the day on which these Regulations come into force.

Marginal note:No extension

 The period within which the Board must make its decision under section 9 or 10 may not be extended under section 6.

Coming into Force

Marginal note:Registration

 These Regulations come into force on the day on which they are registered.

 
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