Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:General powers, etc.

• 66.7 (1) The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its decisions and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

• Marginal note:Enforcement of decisions

  (2) Any decision of the Board may, for the purposes of its enforcement, be made an order of the Federal Court or of any superior court and is enforceable in the same manner as an order thereof.

• Marginal note:Procedure

  (3) To make a decision of the Board an order of a court, the usual practice and procedure of the court in such matters may be followed or a certified copy of the decision may be filed with the registrar of the court and thereupon the decision becomes an order of the court.

• Marginal note:Effect of variation of decision

  (4) Where a decision of the Board that has been made an order of a court is varied by a subsequent decision of the Board, the order of the court shall be deemed to have been varied accordingly and the subsequent decision may, in the same manner, be made an order of the court.

Marginal note:Distribution, publication of notices

66.71 Independently of any other provision of this Act relating to the distribution or publication of information or documents by the Board, the Board may at any time cause to be distributed or published, in any manner and on any terms and conditions that it sees fit, any notice that it sees fit to be distributed or published.

Marginal note:Studies

66.8 The Board shall conduct such studies with respect to the exercise of its powers as are requested by the Minister.

Marginal note:Report

• 66.9 (1) The Board shall, not later than August 31 in each year, submit to the Governor in Council through the Minister an annual report on the Board’s activities for the preceding year describing briefly the applications made to the Board, the Board’s decisions and any other matter that the Board considers relevant.

• Marginal note:Tabling

  (2) The Minister shall cause a copy of each annual report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

Marginal note:Regulations

66.91 The Governor in Council may make regulations issuing policy directions to the Board and establishing general criteria to be applied by the Board or to which the Board must have regard

• (a) in establishing fair and equitable royalties to be paid pursuant to this Act; and

• (b) in rendering its decisions in any matter within its jurisdiction.

Collective Administration of Performing Rights and of Communication Rights

Marginal note:Public access to repertoires

67 Each collective society that carries on

• (a) the business of granting licences or collecting royalties for the performance in public of musical works, dramatico-musical works, performer’s performances of such works, or sound recordings embodying such works, or

• (b) the business of granting licences or collecting royalties for the communication to the public by telecommunication of musical works, dramatico-musical works, performer’s performances of such works, or sound recordings embodying such works, other than the communication of musical works or dramatico-musical works in a manner described in subsection 31(2),

must answer within a reasonable time all reasonable requests from the public for information about its repertoire of works, performer’s performances or sound recordings, that are in current use.

Marginal note:Filing of proposed tariffs

• 67.1 (1) Each collective society referred to in section 67 shall, on or before the March 31 immediately before the date when its last tariff approved pursuant to subsection 68(3) expires, file with the Board a proposed tariff, in both official languages, of all royalties to be collected by the collective society.

• Marginal note:Where no previous tariff

  (2) A collective society referred to in subsection (1) in respect of which no tariff has been approved pursuant to subsection 68(3) shall file with the Board its proposed tariff, in both official languages, of all royalties to be collected by it, on or before the March 31 immediately before its proposed effective date.

• Marginal note:Effective period of tariffs

  (3) A proposed tariff must provide that the royalties are to be effective for periods of one or more calendar years.

• Marginal note:Prohibition of enforcement

  (4) If a proposed tariff is not filed with respect to the work, performer’s performance or sound recording in question, no action may be commenced, without the written consent of the Minister, for

  • (a) the infringement of the rights, referred to in section 3, to perform a work in public or to communicate it to the public by telecommunication;

  • (b) the infringement of the rights referred to in paragraph 15(1.1)(d) or 18(1.1)(a); or

  • (c) the recovery of royalties referred to in section 19.

• Marginal note:Publication of proposed tariffs

  (5) As soon as practicable after the receipt of a proposed tariff filed pursuant to subsection (1), the Board shall publish it in the Canada Gazette and shall give notice that, within sixty days after the publication of the tariff, prospective users or their representatives may file written objections to the tariff with the Board.

67.2 and 67.3 [Repealed, 1997, c. 24, s. 45]

Marginal note:Board to consider proposed tariffs and objections

• 68 (1) The Board shall, as soon as practicable, consider a proposed tariff and any objections thereto referred to in subsection 67.1(5) or raised by the Board, and

  • (a) send to the collective society concerned a copy of the objections so as to permit it to reply; and

  • (b) send to the persons who filed the objections a copy of any reply thereto.

• Marginal note:Criteria and factors

  (2) In examining a proposed tariff for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works, or of sound recordings embodying such performer’s performances, the Board

  • (a) shall ensure that

    • (i) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20 other than subsections 20(3) and (4),

    • (ii) the tariff does not, because of linguistic and content requirements of Canada’s broadcasting policy set out in section 3 of the Broadcasting Act, place some users that are subject to that Act at a greater financial disadvantage than others, and

    • (iii) the payment of royalties by users pursuant to section 19 will be made in a single payment; and

  • (b) may take into account any factor that it considers appropriate.

• Marginal note:Certification

  (3) The Board shall certify the tariffs as approved, with such alterations to the royalties and to the terms and conditions related thereto as the Board considers necessary, having regard to

  • (a) any objections to the tariffs under subsection 67.1(5); and

  • (b) the matters referred to in subsection (2).

• Marginal note:Publication of approved tariffs

  (4) The Board shall

  • (a) publish the approved tariffs in the Canada Gazette as soon as practicable; and

  • (b) send a copy of each approved tariff, together with the reasons for the Board’s decision, to each collective society that filed a proposed tariff and to any person who filed an objection.