Book Importation Regulations
P.C. 1999-1350 1999-07-28
His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to the definition “exclusive distributor”Footnote a in section on 2, section 2.6Footnote b subsections 27.1(5)Footnote c and (6)c and section 62Footnote d of the Copyright Act, hereby makes the annexed Book Importation Regulations.
1 The definitions in this section apply in these Regulations.
Act means the Copyright Act. (Loi)
bookseller means an individual, firm or corporation that is directly engaged in the sale of books in Canada for at least 30 consecutive days in a year and
(a) whose floor space is open to the public and is located on premises consisting of floor space, including book shelves and customer aisles, of an area of at least 183 m2 (600 sq. ft.); or
(b) whose floor space is not open to the public and that derives 50% of his or her or its gross revenues from the sale of books. (libraire)
- Canadian edition
Canadian edition means an edition of a book that is published under an agreement conferring a separate right of reproduction for the Canadian market, and that is made available in Canada by a publisher in Canada. (édition canadienne)
catalogue means a publication in printed, electronic or microfiche form that
(a) is updated at least once a year;
(b) lists all book titles currently in print that are available from at least one exclusive distributor; and
(c) identifies the title, the International Standard Book Number, the exclusive distributor, the author and the list price in Canada for each book listed. (catalogue)
- current exchange rate
current exchange rate means the rate of exchange prevailing on the day on which a transaction takes place, as ascertained from a Canadian bank. (taux de change courant)
format in relation to a book, means
holiday means a Saturday or a holiday as defined in subsection 35(1) of the Interpretation Act. (jour férié)
- list price
list price means the price for a book that is set out in a catalogue or printed on the cover or jacket of the book. (prix de catalogue)
- remaindered book
remaindered book means a book
retailer means a person who sells books in the course of operating a business, but does not include an exclusive distributor or a book publisher. (détaillant)
- special order
special order means an order for a copy of a book that a bookseller or a retailer other than a bookseller does not have in stock and that the bookseller or retailer orders at the request of a customer. (commande spéciale)
(2) For greater certainty, these Regulations apply to books referred to in subsection (1) that are added, after the coming into force of these Regulations, to an order placed before the coming into force of these Regulations.
(3) For greater certainty, these Regulations shall not be construed as authorizing anyone to do or to omit to do an act that would constitute an infringement of copyright under subsection 27(2) of the Act.
Computation of Time
(2) If a period of less than seven days is provided for in these Regulations, a day that is a holiday shall not be included in computing the period.
(3) If a period for the doing of a thing is provided for in these Regulations and is expressed to end on a specified day, the period ends at the close of business on the specified day.
- SOR/2008-169, s. 1
Notice of Exclusive Distributor
4 (1) An exclusive distributor, a copyright owner or an exclusive licensee shall give the notice referred to in subsection 27.1(5) of the Act to a person referred to in subsection 27.1(1) or (2) of the Act before the person places an order, in the following manner:
(a) in the case of a retailer other than a bookseller, in writing in accordance with subsection (2); and
(b) in the case of a bookseller, library or other institution established or conducted for profit that maintains a collection of documents, by setting out the fact that there is an exclusive distributor of the book in the latest edition of
(i) the Canadian Telebook Agency Microfiche and Books in Print Plus — Canadian Edition, published by R.R. Bowker, if the book is an English-language book, and the Banque de titres de langue française, if the book is a French-language book, or
(ii) a catalogue supplied by the exclusive distributor, copyright owner or exclusive licensee to the bookseller, library or other institution, at the request of, and in the form requested by, the bookseller, library or other institution.
(2) The notice referred to in paragraph (1)(a) shall be sent to the retailer at the retailer’s last known address by courier, by mail or by facsimile or other electronic means.
(3) Instead of the notice referred to in subsection (1), an exclusive distributor that represents all of the titles published by a particular publisher may send a notice to that effect to a person referred to in subsection 27(1) or (2) of the Act, at that person’s last known address, by courier, by mail or by facsimile or other electronic means, before the person places an order.
(4) A notice given in accordance with subsection (1) or (3) is valid and subsisting in respect of any title covered by the notice until the notice is revoked or amended by the exclusive distributor, copyright owner or exclusive licensee, as the case may be.
(5) The notice referred to in subsection (2) or (3) is deemed to have been received by the retailer, if it is
- SOR/2008-169, s. 2(E)
(a) an exclusive distributor shall
(i) ship the books ordered to the intended recipient
(A) for books imported into Canada and in stock in Canada,
(B) for books imported from the United States and not in stock in Canada, no later than 12 days after the day on which the exclusive distributor receives the order,
(C) for books imported from Europe and not in stock in Canada,
(D) for books imported from any other country and not in stock in Canada, no later than 50 days after the day on which the exclusive distributor receives the order,
(ii) provide the book in the format requested by the person who placed the order, if the format exists, and
(iii) subject to any law of any province with respect to prices concerning the distribution of books, provide the book at a price no greater than
(A) if the book is imported from the United States, the list price in the United States, plus the current exchange rate, plus 10% of the price after conversion, minus any applicable discounts, or
(B) if the book is imported from a country in Europe or any other country, the list price in the country from which the book is imported, plus the current exchange rate, plus 15% of the price after conversion, minus any applicable discounts; and
(b) if the person who placed the order so requests, an exclusive distributor shall confirm to that person whether the order can be filled
(i) if the confirmation is made by telephone, no later than two days after the day on which the order is placed,
(ii) if the confirmation is sent by mail or facsimile, no later than five days after the day on which the order is placed, and
(iii) if the confirmation is sent by electronic means other than facsimile, no later than the day after the day on which the order is placed.
(2) In the case of books provided to libraries, the applicable discounts referred to in clause (1)(a)(iii)(A) shall be based on generally prevailing market conditions in North America.
(3) Subsections (1) and (2) apply to an exclusive distributor of a book in paperbound format only after the end of 12 months after the book first becomes available in that format in North America. If the exclusive distributor provides the book in that format before the end of that period, subsections (1) and (2) shall apply.
(4) If an exclusive distributor is unable to meet the criteria for an order set out in subsections (1) and (2), the person who placed the order may import the book through a person other than the exclusive distributor.
- SOR/2008-169, s. 3
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