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35. The Act is amended by adding the
following after section 59:
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36. The heading before section 61 of the
Act is replaced by the following:
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37. (1) The heading before section 62 of
the English version of the Act is replaced by
the following:
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(2) Subsection 62(1) of the Act is replaced
by the following:
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| Regulations
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62. (1) The Governor in Council may make
regulations
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(a) prescribing anything that by this Act is
to be prescribed by regulation; and
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(b) generally for carrying out the purposes
and provisions of this Act.
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38. Section 63 of the Act and the heading
before it are replaced by the following:
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| R.S., c. 10
(4th Supp.),
s. 11
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39. Paragraph 64(3)(g) of the Act is
replaced by the following:
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(g) such other work or article as may be
prescribed by regulation.
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| R.S., c. 10
(4th Supp.),
s. 11
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40. Subsection 64.1(2) of the Act is
replaced by the following:
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| Exception
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(2) Nothing in subsection (1) affects
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(b) the moral rights, if any,
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in any sound recording, cinematograph film or
other contrivance by means of which a work
may be mechanically reproduced or
performed.
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41. The Act is amended by adding the
following before the heading ``copyright
board'' before section 66:
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| 1988, c. 65,
s. 64
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42. Section 66.52 of the Act is replaced by
the following:
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| Variation of
decisions
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66.52 A decision of the Board respecting
royalties or their related terms and conditions
that is made under subsection 68(3), sections
68.1 or 70.15 or or subsections 70.2(2),
70.6(1), 73(1) or 83(8) may, on application, be
varied by the Board if, in its opinion, there has
been a material change in circumstances since
the decision was made.
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43. The Act is amended by adding the
following after section 66.7:
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| Distribution,
publication of
notices
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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.
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44. The Act is amended by adding the
following after section 66.9:
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| Regulations
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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
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(a) in establishing fair and equitable
royalties to be paid pursuant to this Act; and
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(b) in rendering its decisions in any matter
within its jurisdiction.
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| R.S., c. 10
(4th Supp.),
s. 12; 1993, c.
23, ss. 3 to 5
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45. The heading before section 67 and
sections 67 to 68 of the Act are replaced by
the following:
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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-musical works, performer's
performances of such works, or sound
recordings embodying 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
reasonable requests from the public for
information 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 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.
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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
telecommunication, the work, performer's
performance 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
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.
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| Board to
consider
proposed
tariffs and
objections
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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
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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
performer's performances of musical works,
or of sound recordings embodying such
performer's performances, the Board
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(i) the tariff applies in respect of
performer'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
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
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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
royalties 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
approved by the Board under subsection 68(3)
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,
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(a) wireless transmission systems, except
community systems and public
transmission 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
advertising 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 three
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
transmission system'', ``community system'',
``public transmission system'' and ``wireless
transmission 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
|
(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
telecommunication those works,
performer's performances 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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