Bill C-32

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	35. The Act is amended by adding the following after section 59:
	PART VI
	MISCELLANEOUS PROVISIONS
	36. The heading before section 61 of the Act is replaced by the following:
	CLERICAL ERRORS
	37. (1) The heading before section 62 of the English version of the Act is replaced by the following:
	REGULATIONS
	(2) Subsection 62(1) of the Act is replaced by the following:
Regulations	62. (1) The Governor in Council may make regulations
	(a) prescribing anything that by this Act is to be prescribed by regulation; and
	(b) generally for carrying out the purposes and provisions of this Act.
	38. Section 63 of the Act and the heading before it are replaced by the following:
	INDUSTRIAL DESIGNS AND TOPOGRAPHIES
R.S., c. 10 (4th Supp.), s. 11	39. Paragraph 64(3)(g) of the Act is replaced by the following:
	(g) such other work or article as may be prescribed by regulation.
R.S., c. 10 (4th Supp.), s. 11	40. Subsection 64.1(2) of the Act is replaced by the following:
Exception	(2) Nothing in subsection (1) affects
	(a) the copyright, or
	(b) the moral rights, if any,
	in any sound recording, cinematograph film or other contrivance by means of which a work may be mechanically reproduced or performed.
	41. The Act is amended by adding the following before the heading ``copyright board'' before section 66:
	PART VII
	COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF COPYRIGHT
1988, c. 65, s. 64	42. Section 66.52 of the Act is replaced by the following:
Variation of decisions	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.
	43. The Act is amended by adding the following after section 66.7:
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.
	44. The Act is amended by adding the following after section 66.9:
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.
R.S., c. 10 (4th Supp.), s. 12; 1993, c. 23, ss. 3 to 5	45. The heading before section 67 and sections 67 to 68 of the Act are replaced by the following:
	COLLECTIVE ADMINISTRATION OF PERFORMING RIGHTS AND OF COMMUNICATION RIGHTS
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.
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.
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.
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.
Prohibition of enforcement	(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
	(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
	(b) the recovery of royalties referred to in section 19.
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.
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.
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 subsections 20(1) and (2),
	(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.
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).
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.
Special and transitional royalty rates	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,
	(a) wireless transmission systems, except community systems and public transmission systems, shall pay royalties as follows:
	(i) in respect of each year, $100 on the first 1.25 million dollars of annual advertising revenues, and
	(ii) on any portion of annual advertising revenues exceeding 1.25 million dollars,
	(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,
	(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
	(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;
	(b) community systems shall pay royalties of $100 in respect of each year; and
	(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:
	(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,
	(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
	(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.
Effect of paying royalties	(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.
Definition of ``advertising revenues''	(3) The Board may, by regulation, define ``advertising revenues'' for the purposes of subsection (1).
Preferential royalty rates	(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.
Regulations	(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.
Effect of fixing royalties	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.
Proceedings barred if royalties tendered or paid	(2) No proceedings may be brought for
	(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
	(b) the recovery of royalties referred to in section 19
	against a person who has paid or offered to pay the royalties specified in an approved tariff.
Continuation of rights	(3) Where a collective society files a proposed tariff in accordance with subsection 67.1(1),
	(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
	(b) the collective society may collect the royalties in accordance with the previous tariff,
	until the proposed tariff is approved.