Copyright Board Rules of Practice and Procedure (SOR/2023-24)

Marginal note:Lack of agreement

26 If the parties are unable to agree on a joint statement of issues to be considered, each party to the proceeding, other than an intervener, must file with the Board and serve on each other party, within the time limit referred to in rule 24, a separate statement of issues to be considered that contains

• (a) a description of the issues to be considered and the party’s position regarding each of those issues;

• (b) if applicable, a proposal to consolidate the proceeding with one or more other proceedings with respect to other proposed tariffs filed with the Board; and

• (c) any other information required by the Board.

Marginal note:Consideration of other Issues

27 The Board may consider relevant issues other than those identified by the parties in the statement of issues to be considered.

Case Management

Marginal note:Definition of case manager

28 For the purposes of rules 23, 24, 29 to 35 and 53, case manager means the person assigned by the Chair under subsection 66.504(1) of the Act.

Marginal note:Powers of case manager

• 29 (1) In relation to a matter or any step in a matter, the case manager may give a direction or make an order that adapts, restricts or excludes the application of any provision of these Rules.

• Marginal note:Participation in decision on merits

  (2) The assignment of a member as the case manager does not prevent that member from participating in the decision on the merits of the matter.

Marginal note:Case management conference

• 30 (1) The case manager may, during the course of a matter, conduct one or more case management conferences.

• Marginal note:Topics to be considered

  (2) During a case management conference, any of the following topics may be considered:

  • (a) the clarification, simplification and elimination of issues to be considered;

  • (b) opportunities for an agreement to be concluded on any of the issues to be considered;

  • (c) the issue of whether a question of law should be determined by the Board;

  • (d) the official language the parties will use during the proceeding;

  • (e) the issue of whether interrogatories should take place and their parameters as applicable;

  • (f) the filing of evidence;

  • (g) any questions of confidentiality;

  • (h) the parameters of any expert testimony, including the possibility of experts meeting before or after a hearing to answer questions posed by the Board;

  • (i) a proceeding schedule and the expected duration of the hearing;

  • (j) the documents to be filed with the Board before a hearing, including legal briefs and case records;

  • (k) the information and documents to be submitted to the parties at a hearing;

  • (l) a timetable for subsequent case management conferences;

  • (m) other issues to be resolved.

Marginal note:Case management order

31 After a case management conference, the case manager may make an order relating to any issue considered at the case management conference.

Marginal note:Request for variation of order

• 32 (1) A party may submit a request to the case manager to vary a case management order made under rule 31. The request must be filed with the Board and served on each other party.

• Marginal note:Content of request

  (2) The request to vary must indicate the reason why the request is being made and must include a statement indicating whether the other parties have consented to the variation.

• Marginal note:Variation of the order

  (3) The case manager may vary the order if there are compelling reasons to do so.

Marginal note:Joint request

• 33 (1) If a collective society and one or more objectors jointly submit a set of royalty rates and related terms and conditions to the Board and jointly request that the Board approve a proposed tariff based on those royalty rates and terms and conditions, they must

  • (a) file a submission in support of their request;

  • (b) file all agreements concluded between the parties that relate to the same uses or substantially the same uses as those covered by the proposed tariff;

  • (c) identify each proposed tariff, or a portion of the proposed tariff, that is to be approved on the basis of the request; and

  • (d) provide any other information required by the Board.

• Marginal note:Procedure

  (2) On receiving the request, the Board or the case manager may, if it or they consider it appropriate to do so, establish any procedural steps in the matter or make modifications to any schedule of proceeding.

Interrogatories

Marginal note:Interrogatories

34 The Board or the case manager may make an order to permit interrogatories and to specify their number, type, scope and form, the time limits for their completion and the person to whom they may be addressed.

Case Records

Marginal note:Authorization of filing

• 35 (1) The Board or the case manager may authorize or require a person to file a case record, a response to a case record or a reply to a response.

• Marginal note:Service

  (2) If a party files a case record, a response to a case record, or a reply to a response with the Board, they must serve it on each other party.

• Marginal note:Contents of case record or response

  (3) The case record or response to a case record must contain

  • (a) a statement of case setting out the party’s position and how they intend to support it;

  • (b) the documentary exhibits on which the party intends to rely, including any expert reports and sworn statements or solemn declarations of lay witnesses, if applicable;

  • (c) a list of the documentary exhibits, if applicable;

  • (d) a list of witnesses the party intends to call and an indication of the time required for the examination of each witness, if applicable; and

  • (e) any other information required by the Board.

• Marginal note:Contents of reply

  (4) A reply to a response to a case record must contain

  • (a) the documentary exhibits on which the party intends to rely, including any expert reports and sworn statements or solemn declarations of lay witnesses, if applicable;

  • (b) a list of the documentary exhibits, if applicable;

  • (c) a list of witnesses the party intends to call and an indication of the time required for the examination of each witness, if applicable; and

  • (d) any other information required by the Board.

Marginal note:Filing in an oral hearing

36 Unless otherwise ordered by the Board or the case manager, in the case of an oral hearing, a collective society must file a case record and an objector must file a response to the case record.

Marginal note:Filing and service

• 37 (1) Any case record, any response to the case record and any reply to the response must be filed and served within the time limits set by the Board.

• Marginal note:Paper copies

  (2) Unless the Board orders otherwise, in addition to the electronic filing referred to in rule 11, two paper copies of any case record, response to the case record and reply to the response must be filed with the Board.

Marginal note:Legal brief

• 38 (1) The Board may, in response to a request of a party or on its own initiative and on terms that it considers appropriate, allow a party to file a legal brief and allow other parties to file a response to that legal brief.

• Marginal note:Service

  (2) The legal brief and any response to the legal brief must be served on each other party.

Marginal note:Amendments

39 The Board may grant leave to amend a statement of issues to be considered, case record, response to a case record, reply to a response to a case record, legal brief or response to a legal brief on the terms the Board considers appropriate.

Written or Oral Hearing

Marginal note:Written or oral hearing

40 The Board may hold a written or oral hearing in respect of any matter before it.

Oral Hearing

Marginal note:Simultaneous interpretation services

41 A party that requires simultaneous interpretation services must submit a request to the Board at least 30 days before the date of the hearing.

Marginal note:Oral hearing open to public

• 42 (1) Unless the Board orders otherwise, oral hearings of the Board on the merits of a matter are open to the public.

• Marginal note:In camera

  (2) A party may submit a request to the Board for all or a portion of an oral hearing not to be open to the public. The Board may make any order that it considers appropriate in the circumstances.

Marginal note:Documents received during oral hearing

43 A document that is not part of a case record, a response to a case record or a reply to a response to a case record must not be received as evidence at an oral hearing unless it is to be used only for the purposes of cross-examination of a witness or the Board permits it to be received as evidence.

Marginal note:Transcript

44 The Board may cause a transcript, recording or other record of an oral hearing on the merits of a matter to be prepared.

PART 5Evidence

Marginal note:Supplemental information

45 The Board may, at any time in a proceeding, require a party to provide it with information or documents to supplement the record.

Marginal note:Confidentiality order

• 46 (1) At any time in a proceeding, parties may file a joint request for a confidentiality order with the Board. The request must specify the manner in which the information to be designated as confidential or highly confidential is to be treated and must be accompanied by a proposed confidentiality order.

• Marginal note:Documents filed before commencement

  (2) A party may file confidential or highly confidential information before the commencement of a proceeding only with leave of the Board.

• Marginal note:Disagreement

  (3) In the absence of an agreement among the parties, a party may file its own request for a confidentiality order with the Board, together with a proposed confidentiality order and a statement indicating the reasons why the parties could not agree.

• Marginal note:Designation

  (4) Once a confidentiality order has been made, a party may designate the information that it filed with the Board in the proceeding as confidential or highly confidential.

• Marginal note:Warranted designation

  (5) The Board may, in response to a request from a party or, after giving the parties notice, on its own initiative, determine whether the designation is warranted and make any order that it considers appropriate.

• Marginal note:Public record

  (6) Any document that is filed with the Board in relation to a matter and any related proceeding is placed on the public record, unless the document has been designated as confidential or highly confidential.

Marginal note:Leave

47 The Board may order that a party request leave before designating any information as confidential or highly confidential as well as provide an explanation that justifies the designation.