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| Public access
to repertoires
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67. Each collective society that carries on
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(a) the business of granting licences or
collecting royalties for the performance in
public of musical works, dramatico-musi
cal works, performer's performances of
such works, or sound recordings embody
ing such works, or
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(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),
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must answer within a reasonable time all rea
sonable requests from the public for informa
tion about its repertoire of works, performer's
performances or sound recordings, that are in
current use.
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| Filing of
proposed
tariffs
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67.1 (1) Each collective society referred to
in subsection 67(1) 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 royal
ties to be collected by the collective society.
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| Where no
previous tariff
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(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.
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| Effective
period of
tariffs
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(3) A proposed tariff must provide that the
royalties are to be effective for periods of one
or more calendar years.
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| Prohibition of
enforcement
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(4) Where 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
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(a) the infringement of the rights, referred
to in section 3, to perform in public or to
communicate to the public by telecommu
nication, the work, performer's perfor
mance or sound recording; or
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(b) the recovery of royalties referred to in
section 19.
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| Publication of
proposed
tariffs
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(5) As soon as practicable after the receipt
of a proposed tariff filed pursuant to subsec
tion (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 representa
tives may file written objections to the tariff
with the Board.
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| Board to
consider
proposed
tariffs and
objections
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68. (1) The Board shall, as soon as practica
ble, consider a proposed tariff and any objec
tions thereto referred to in subsection 67.1(5)
or raised by the Board, and
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(a) send to the collective society concerned
a copy of the objections so as to permit it to
reply; and
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(b) send to the persons who filed the
objections a copy of any reply thereto.
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| Criteria and
factors
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(2) In examining a proposed tariff for the
performance in public or the communication
to the public by telecommunication of per
former's performances of musical works, or of
sound recordings embodying such perform
er's performances, the Board
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(i) the tariff applies in respect of perform
er's performances and sound recordings
only in the situations referred to in
subsections 20(1) and (2),
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(ii) the tariff does not, because of linguis
tic 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
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(iii) the payment of royalties by users
pursuant to section 19 will be made in a
single payment; and
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(b) may take into account any factor that it
considers appropriate.
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| Certification
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(3) The Board shall certify the tariffs as
approved, with such alterations to the royal
ties and to the terms and conditions related
thereto as the Board considers necessary,
having regard to
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(a) any objections to the tariffs under
subsection 67.1(5); and
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(b) the matters referred to in subsection (2).
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| Publication of
approved
tariffs
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(4) The Board shall
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(a) publish the approved tariffs in the
Canada Gazette as soon as practicable; and
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(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.
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| Special and
transitional
royalty rates
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68.1 (1) Notwithstanding the tariffs ap
proved by the Board under subsection 68(3)
for the performance in public or the commu
nication to the public by telecommunication
of performer's performances of musical
works, or of sound recordings embodying
such performer's performances,
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(a) wireless transmission systems, except
community systems and public transmis
sion systems, shall pay royalties as follows:
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(i) in respect of each year, $100 on the
first 1.25 million dollars of annual adver
tising revenues, and
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(ii) on any portion of annual advertising
revenues exceeding 1.25 million dollars,
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(A) for the first year following the
coming into force of this section,
thirty-three and one third per cent of
the royalties set out in the approved
tariff for that year,
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(B) for the second year following the
coming into force of this section,
sixty-six and two thirds per cent of the
royalties set out in the approved tariff
for that year, and
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(C) for the third year following the
coming into force of this section, one
hundred per cent of the royalties set
out in the approved tariff for that year;
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(b) community systems shall pay royalties
of $100 in respect of each year; and
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(c) public transmission systems shall pay
royalties, in respect of each of the first five
years following the coming into force of
this section, as follows:
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(i) for the first year following the coming
into force of this section, thirty-three and
one third per cent of the royalties set out
in the approved tariff for that year,
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(ii) for the second year following the
coming into force of this section, sixty-
six and two thirds per cent of the royalties
set out in the approved tariff for that year,
and
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(iii) for the third year following the
coming into force of this section, one
hundred per cent of the royalties set out
in the approved tariff for that year.
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| Effect of
paying
royalties
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(2) The payment of the royalties set out in
subsection (1) fully discharges all liabilities of
the system in question in respect of the
approved tariffs.
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| Definition of
``advertising
revenues''
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(3) The Board may, by regulation, define
``advertising revenues'' for the purposes of
subsection (1).
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| Preferential
royalty rates
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(4) The Board shall, in certifying a tariff as
approved under subsection 68(3), ensure that
there is a preferential royalty rate for small
cable transmission systems.
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| Regulations
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(5) The Governor in Council may make
regulations defining ``small cable transmis
sion system'', ``community system'', ``public
transmission system'' and ``wireless transmis
sion system'' for the purposes of this section.
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| Effect of
fixing
royalties
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68.2 (1) Without prejudice to any other
remedies available to it, a collective society
may, for the period specified in its approved
tariff, collect the royalties specified in the
tariff and, in default of their payment, recover
them in a court of competent jurisdiction.
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| Proceedings
barred if
royalties
tendered or
paid
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(2) No proceedings may be brought for
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(a) the infringement of the right to perform
in public or the right to communicate to the
public by telecommunication, referred to in
section 3, or
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(b) the recovery of royalties referred to in
section 19
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against a person who has paid or offered to pay
the royalties specified in an approved tariff.
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| Continuation
of rights
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(3) Where a collective society files a
proposed tariff in accordance with subsection
67.1(1),
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(a) any person entitled to perform in public
or communicate to the public by telecom
munication those works, performer's per
formances or sound recordings pursuant to
the previous tariff may do so, even though
the royalties set out therein have ceased to
be in effect, and
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(b) the collective society may collect the
royalties in accordance with the previous
tariff,
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until the proposed tariff is approved.
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| R.S., c. 10
(4th Supp.),
s. 16
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46. The heading before section 70.1 and
sections 70.1 and 70.2 of the Act are
replaced by the following:
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| Collective
societies
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70.1 Sections 70.11 to 70.6 apply in respect
of a collective society that operates
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(a) a licensing scheme, applicable in rela
tion to a repertoire of works of more than
one author, pursuant to which the society
sets out the classes of uses for which and the
royalties and terms and conditions on which
it agrees to authorize the doing of an act
mentioned in section 3 in respect of those
works;
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(a.1) a licensing scheme, applicable in
relation to a repertoire of performer's
performances of more than one performer,
pursuant to which the society sets out the
classes of uses for which and the royalties
and terms and conditions on which it agrees
to authorize the doing of an act mentioned
in section 15 in respect of those performer's
performances;
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(b) a licensing scheme, applicable in rela
tion to a repertoire of sound recordings of
more than one maker, pursuant to which the
society sets out the classes of uses for which
and the royalties and terms and conditions
on which it agrees to authorize the doing of
an act mentioned in section 18 in respect of
those sound recordings; or
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(c) a licensing scheme, applicable in rela
tion to a repertoire of communication
signals of more than one broadcaster,
pursuant to which the society sets out the
classes of uses for which and the royalties
and terms and conditions on which it agrees
to authorize the doing of an act mentioned
in section 21 in respect of those commu
nication signals.
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| Public
information
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70.11 A collective society referred to in
section 70.1 must answer within a reasonable
time all reasonable requests from the public
for information about its repertoire of works,
performer's performances, sound recordings
or communication signals.
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| Tariff or
agreement
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70.12 A collective society may, for the
purpose of setting out by licence the royalties
and terms and conditions relating to classes of
uses,
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(a) file a proposed tariff with the Board; or
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(b) enter into agreements with users.
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| Filing of
proposed
tariffs
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70.13 (1) Each collective society referred to
in section 70.1 may, on or before the March 31
immediately before the date when its last tariff
approved pursuant to subsection 70.15(1)
expires, file with the Board a proposed tariff,
in both official languages, of royalties to be
collected by the collective society for issuing
licences.
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| Where no
previous tariff
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(2) A collective society referred to in
subsection (1) in respect of which no tariff has
been approved pursuant to subsection
70.15(1) shall file with the Board its proposed
tariff, in both official languages, of all royal
ties to be collected by it for issuing licences,
on or before the March 31 immediately before
its proposed effective date.
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| Application of
certain
provisions
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70.14 Where a proposed tariff is filed under
section 70.13, subsections 67.1(3) and (5) and
subsection 68(1) apply, with such modifica
tions as the circumstances require.
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| Certification
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70.15 (1) 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 neces
sary, having regard to any objections to the
tariffs.
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| Application of
certain
provisions
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(2) Where a tariff is approved under subsec
tion (1), subsections 68(4) and 68.2(1) apply,
with such modifications as the circumstances
require.
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| Distribution,
publication of
notices
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70.16 Independently of any other provision
of this Act relating to the distribution or
publication of information or documents by
the Board, the Board shall notify persons
affected by a proposed tariff, by
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(a) distributing or publishing a notice, or
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(b) directing another person or body to
distribute or publish a notice,
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in such manner and on such terms and condi
tions as the Board sees fit.
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| Prohibition of
enforcement
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70.17 Subject to section 70.19, no proceed
ings may be brought for the infringement of
a right referred to in section 3, 15, 18 or 21
against a person who has paid or offered to pay
the royalties specified in an approved tariff .
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| Continuation
of rights
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70.18 Subject to section 70.19, where a
collective society files a proposed tariff in
accordance with section 70.13,
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(a) any person authorized by the collective
society to do an act referred to in section 3,
15, 18 or 21, as the case may be, pursuant
to the previous tariff may do so, even
though the royalties set out therein have
ceased to be in effect, and
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(b) the collective society may collect the
royalties in accordance with the previous
tariff,
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until the proposed tariff is approved.
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| Where
agreement
exists
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70.19 If there is an agreement mentioned in
paragraph 70.12(b), sections 70.17 and 70.18
do not apply in respect of the matters covered
by the agreement.
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| Agreement
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70.191 An approved tariff does not apply
where there is an agreement between a
collective society and a person authorized to
do an act mentioned in section 3, 15, 18 or 21,
as the case may be, if the agreement is in effect
during the period covered by the approved
tariff.
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