Book Importation Regulations

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

• (a) delivered by courier, on the day of delivery;

• (b) sent by mail, on the tenth day after the day on which the notice was mailed; or

• (c) sent by facsimile or other electronic means, on the date and at the time indicated by the sending apparatus.