GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42 66
Establishment 66 (1) There is established a Board to be known as the Copyright Board, consisting of not more than five members, including a Chair and a Vice-chair, to be appointed by the Governor in Council. Service (2) The members of the Board shall be appointed to serve either full-time or part-time. Chair (3) The Chair must be a judge, either sitting or retired, of a superior court. Tenure (4) Each member of the Board shall hold office during good behaviour for a term not exceeding five years, but may be removed at any time by the Governor in Council for cause. Re-appointment (5) A member of the Board is eligible to be re-appointed once only. Prohibition (6) A member of the Board shall not be employed in the public service within the meaning of the Federal Public Sector Labour Relations Act during the member’s term of office. Members deemed public service employees (7) A full-time member of the Board, other than the Chair, is deemed to be employed in (a) the public service for the purposes of the Public Service Superannuation Act ; and (b) the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act . R.S., 1985, c. C-42, s. 66; R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12; 2003, c. 22, s. 154(E), 224(E), 225(E); 2017, c. 9, s. 55 2018, c. 27, s. 290
Copyright Act — C-42 66.1
Duties of Chair 66.1 (1) The Chair shall direct the work of the Board and apportion its work among its members. Absence or incapacity of Chair (2) If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair has all the powers and functions of the Chair during the absence, incapacity or vacancy. Duties of Vice-chair (3) The Vice-chair is the chief executive officer of the Board and has supervision over and direction of the Board and its staff. R.S., 1985, c. 10 (4th Supp.), s. 12 2018, c. 27, s. 291(E)
Copyright Act — C-42 66.2
Remuneration and expenses 66.2 The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of residence. R.S., 1985, c. 10 (4th Supp.), s. 12
Copyright Act — C-42 66.3
Conflict of interest prohibited 66.3 (1) A member of the Board shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s duties. Termination of conflict of interest (2) Where a member of the Board becomes aware that he is in a conflict of interest contrary to subsection (1), the member shall, within one hundred and twenty days, terminate the conflict or resign. R.S., 1985, c. 10 (4th Supp.), s. 12
Copyright Act — C-42 66.4
Staff 66.4 (1) Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act . Idem (2) The officers and employees referred to in subsection (1) shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Technical assistance (3) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist in the performance of its duties and the Board may, in accordance with Treasury Board directives, fix and pay the remuneration and expenses of those persons. R.S., 1985, c. 10 (4th Supp.), s. 12; 2003, c. 22, s. 225(E)
Copyright Act — C-42 66.5
Concluding matters after membership expires 66.5 (1) A member of the Board whose term expires may conclude the matters that the member has begun to consider. Decisions (2) Matters before the Board shall be decided by a majority of the members of the Board and the presiding member shall have a second vote in the case of a tie. R.S., 1985, c. 10 (4th Supp.), s. 12
Copyright Act — C-42 66.501
Fair and equitable 66.501 The Board shall fix royalty and levy rates and any related terms and conditions under this Act that are fair and equitable, in consideration of (a) what would have been agreed upon between a willing buyer and a willing seller acting in a competitive market with all relevant information, at arm’s length and free of external constraints; (b) the public interest; (c) any regulation made under subsection 66.91(1); and (d) any other criterion that the Board considers appropriate. 2018, c. 27, s. 292
Copyright Act — C-42 66.502
Informal and expeditious 66.502 All matters before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit but, in any case, within any period or no later than any day provided for under this Act. 2018, c. 27, s. 292
Copyright Act — C-42 66.503
For greater certainty 66.503 For greater certainty, any person or entity may authorize any other person or entity to act on their behalf in any matter before the Board. 2018, c. 27, s. 292
Copyright Act — C-42 66.504
Case manager 66.504 (1) The Chair may assign a member, officer or employee of the Board or a person engaged under subsection 66.4(3) to act as a case manager of a matter before the Board. Powers (2) The case manager may give any directions or make any orders with respect to the case management of the matter, but is not permitted to make a direction or order that is inconsistent with (a) this Act; (b) regulations made under subsection 66.6(1), unless authorized to do so under regulations made under paragraph 66.6(1.1)(b); or (c) regulations made under paragraph 66.91(2)(a) to (c), unless authorized to do so under regulations made under paragraph 66.91(2)(d). Deemed direction or order of Board (3) A direction given, or an order made, by a case manager is deemed to be a direction or order of the Board, including for the purposes of paragraph 28(1)(j) of the Federal Courts Act . Delegation (4) The Chair may delegate his or her power under subsection (1) to the Vice-chair. 2018, c. 27, s. 292
Copyright Act — C-42 66.51
Interim decisions 66.51 The Board may, on application, make an interim decision. R.S., 1985, c. 10 (4th Supp.), s. 12
Copyright Act — C-42 66.52
Variation of decisions 66.52 A decision of the Board respecting royalties or their related terms and conditions that is made under subsection 70(1), 71(2), 76.1(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. R.S., 1985, c. 10 (4th Supp.), s. 12; 1988, c. 65, s. 64; 1997, c. 24, s. 42 2018, c. 27, s. 293
Copyright Act — C-42 66.6
Regulations 66.6 (1) The Board may, with the approval of the Governor in Council, make regulations governing (a) the practice and procedure in respect of the Board’s hearings, including the number of members of the Board that constitutes a quorum; (b) the time and manner in which applications and notices must be made or given; (c) the establishment of forms for the making or giving of applications and notices; and (d) the carrying out of the work of the Board, the management of its internal affairs and the duties of its officers and employees. Case management (1.1) The Board may, with the approval of the Governor in Council, make regulations governing the case management of matters before the Board, including regulations (a) governing the directions a case manager may give and the orders they may make; and (b) authorizing a case manager to give a direction or make an order that adapts, restricts or excludes the application of any provision of regulations made under subsection (1) to a matter or any step in a matter. Publication of proposed regulations (2) A copy of each regulation that the Board proposes to make under subsection (1) or (1.1) shall be published in the Canada Gazette at least 60 days before the regulation’s proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations with respect to the regulation. Exception (3) No proposed regulation that has been published pursuant to subsection (2) need again be published under that subsection, whether or not it has been altered as a result of representations made with respect thereto. R.S., 1985, c. 10 (4th Supp.), s. 12 2018, c. 27, s. 294
Copyright Act — C-42 66.7
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. 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. 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. 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. R.S., 1985, c. 10 (4th Supp.), s. 12; 2002, c. 8, s. 131(F)
Copyright Act — C-42 66.71
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. 1997, c. 24, s. 43
Copyright Act — C-42 66.8
Studies 66.8 The Board shall conduct such studies with respect to the exercise of its powers as are requested by the Minister. R.S., 1985, c. 10 (4th Supp.), s. 12
Copyright Act — C-42 66.9
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. 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. R.S., 1985, c. 10 (4th Supp.), s. 12
Copyright Act — C-42 66.91
Regulations 66.91 (1) 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. Regulations regarding time (2) The Governor in Council may make regulations (a) establishing the day by which, or the period within which, a matter before the Board — and any procedural step in the matter, whether set out in a provision of this Act or not — must be completed; (b) establishing the minimum length of the effective period for the purposes of subsections 68.1 (2) and 83(4); (c) establishing a day for the purposes of paragraph 73.4 (b); and (d) authorizing the Board or a case manager to give a direction or make an order that adapts, restricts or excludes the application of any provision of regulations made under any of paragraphs (a) to (c) to a matter or any step in a matter. Inconsistency or conflict (3) Regulations made under subsection (2) prevail over regulations made under subsection 66.6(1) or (1.1) to the extent of an inconsistency or conflict between them. 1997, c. 24, s. 44 2018, c. 27, s. 295
Copyright Act — C-42 67
Filing of proposed tariffs 67 (1) A collective society may file a proposed tariff with the Board for the purpose of establishing royalties with respect to rights the collective society administers under section 3, 15, 18, 19 or 21. Mandatory filing for certain royalties (2) However, a collective society shall file a proposed tariff with the Board for the purpose of establishing royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d). Entering into agreements (3) A collective society may enter into agreements for the purpose of establishing royalties with respect to rights the collective society administers under section 3, 15, 18, 19 or 21, other than royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d). R.S., 1985, c. C-42, s. 67; R.S., 1985, c. 10 (1st Supp.), s. 1, c. 10 (4th Supp.), s. 12; 1993, c. 23, s. 3; 1997, c. 24, s. 45 2018, c. 27, s. 296
Copyright Act — C-42 67.1
Designation of collective society — paragraph 19(2)(a) 67.1 On application by a collective society, the Board may designate the collective society as the sole collective society authorized to collect all royalties referred to in paragraph 19(2)(a) with respect to a sound recording of a musical work. R.S., 1985, c. 10 (4th Supp.), s. 12; 1997, c. 24, s. 45; 2001, c. 34, s. 35(E); 2012, c. 20, s. 52 2018, c. 27, s. 296
Copyright Act — C-42 67.2
Requests regarding repertoire 67.2 A collective society shall answer, within a reasonable time, all reasonable requests from any person for information about its repertoire of works, performer’s performances, sound recordings or communication signals. R.S., 1985, c. 10 (4th Supp.), s. 12; 1993, c. 23, s. 4, c. 44, ss. 71, 79; 1997, c. 24, s. 45 2018, c. 27, s. 296
Copyright Act — C-42 68
Filing 68 A proposed tariff must be filed no later than October 15 of the second calendar year before the calendar year in which the proposed tariff is to take effect or, if a day is established under regulations made under subsection 66.91(2), no later than that day. R.S., 1985, c. C-42, s. 68; R.S., 1985, c. 10 (4th Supp.), s. 13; 1993, c. 23, s. 5; 1997, c. 24, s. 45; 2012, c. 20, s. 53 2018, c. 27, s. 296
Copyright Act — C-42 68.1
Form and content 68.1 (1) A proposed tariff must be filed in both official languages and include (a) the acts to which the tariff is to apply; (b) the proposed royalty rates and any related terms and conditions; and (c) the effective period of the proposed tariff. Minimum effective period (2) A proposed tariff’s effective period must be at least three calendar years or, if a minimum period is established under regulations made under subsection 66.91(2), at least that minimum period. 1997, c. 24, s. 45 2018, c. 27, s. 296
Copyright Act — C-42 68.2
Publication and notification 68.2 The Board, in the manner that it sees fit, (a) shall publish the proposed tariff as well as a notice that any objection to the proposed tariff must be filed within the period set out in subsection 68.3 (2); and (b) may distribute a notice — or cause it to be distributed or published, on any terms and conditions that the Board sees fit — of the publication of the tariff and of the notice referred to in paragraph (a) to any person affected by the proposed tariff. 1997, c. 24, s. 45; 2012, c. 20, s. 54 2018, c. 27, s. 296
Copyright Act — C-42 68.3
Filing of objection 68.3 (1) An objection to a proposed tariff may be filed with the Board by (a) an educational institution, if the proposed tariff is filed for the purpose of collecting royalties referred to in subsection 29.7(2) or (3); (b) a retransmitter , as defined in subsection 31(1), if the proposed tariff is filed for the purpose of collecting royalties referred to in paragraph 31(2)(d); or (c) any user, in any other case. Time for filing objection (2) An objection shall be filed no later than the 30th day after the day on which the Board published the proposed tariff under paragraph 68.2 (a) or, if a day is established under the regulations made under subsection 66.91(2), no later than that day. Copy to collective society (3) The Board shall provide a copy of the filed objection to the collective society. 2018, c. 27, s. 296
Copyright Act — C-42 68.4
Reply to objection 68.4 (1) The collective society may file a reply to an objection with the Board. Copy to be provided (2) The Board shall provide a copy of the filed reply to the person or entity that filed the objection. 2018, c. 27, s. 296
Copyright Act — C-42 69
Request to withdraw or amend 69 A collective society may, before a proposed tariff filed by it has been approved by the Board, make an application to the Board requesting that (a) the proposed tariff be withdrawn; or (b) a reference to an act set out in the proposed tariff be excluded from the approved tariff for all of the proposed effective period or, despite subsection 68.1 (2), for a portion of that period. R.S., 1985, c. C-42, s. 69; R.S., 1985, c. 10 (4th Supp.), s. 14; 1993, c. 44, s. 73; 1997, c. 24, s. 52(F) 2018, c. 27, s. 296
Copyright Act — C-42 69.1
Approval by Board 69.1 (1) The Board shall approve an application made under section 69 if it is satisfied that (a) the collective society has provided sufficient public notice of its intention to make the application; (b) every person who, in respect of the proposed effective period, has paid royalties that would not be payable if the application were approved has (i) consented to the application, (ii) received a refund of the royalties, or (iii) entered into an agreement under subsection 67 (3) that covers the act, repertoire or proposed effective period that is the subject of the application; and (c) in the case of an application made under paragraph 69 (b) with respect to a portion of the proposed effective period, the application is not made for the purpose of improperly circumventing the required minimum effective period. For greater certainty (2) For greater certainty, the approval of an application made under section 69 does not preclude the collective society from filing, in accordance with this Act, a proposed tariff that deals in whole or in part with the act, repertoire or proposed effective period that was the subject of the application. 2018, c. 27, s. 296
Copyright Act — C-42 70
Approval 70 (1) The Board shall — within the period, if any, that is established under regulations made under subsection 66.91 (2) — approve the proposed tariff after making any alterations to the royalty rates and the related terms and conditions, or fixing any new related terms and conditions, that the Board considers appropriate. Factors — performances of musical works and sound recordings (2) In approving 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 shall ensure that (a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20; (b) 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 (c) the payment of royalties by users under section 19 will be made in a single payment. Small cable transmission system (3) The Board shall fix a preferential royalty rate for small cable transmission systems in approving a tariff for (a) the performance in public of musical works or dramatico-musical works, of performer’s performances of such works, or of sound recordings embodying such works; or (b) the communication to the public by telecommunication of musical works or dramatico-musical works, other than as described in subsection 31(2), of performer’s performances of such works, or of sound recordings embodying such works. Small retransmission systems (4) The Board shall fix a preferential royalty rate for small retransmission systems in approving a tariff for royalties referred to in paragraph 31(2)(d). For greater certainty (5) For greater certainty, the Board may determine, in respect of any tariff that it approves, the portion of the royalties that is to be paid to each collective society. No discrimination (6) For greater certainty, the Board must not discriminate between owners of copyright on the ground of their nationality or residence in approving a tariff for royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d). Regulations (7) The Governor in Council may make regulations defining “small cable transmission system” and “small retransmission system” for the purposes of this section. R.S., 1985, c. C-42, s. 70; R.S., 1985, c. 10 (4th Supp.), s. 15 2018, c. 27, s. 296 2020, c. 1, s. 33
Copyright Act — C-42 70.1
Publication of approved tariff 70.1 The Board shall publish the approved tariff in the Canada Gazette and provide a copy of it, together with the reasons for the Board’s decision, to (a) the collective society that filed the proposed tariff; (b) every collective society that is authorized to collect royalties under the tariff; (c) every person or entity that filed an objection under section 68.3 ; and (d) any other person or entity that, in the Board’s opinion, ought to receive the copy and reasons. R.S., 1985, c. 10 (4th Supp.), s. 16; 1997, c. 24, s. 46 2018, c. 27, s. 296
Copyright Act — C-42 70.61 to 70.8
70.61 to 70.8 [Repealed, 1997, c. 24, s. 50]
Copyright Act — C-42 71
Application to fix 71 (1) If a collective society and a user are unable to agree on royalties to be paid with respect to rights under section 3, 15, 18, 19 or 21, other than royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d), or are unable to agree on any related terms and conditions, the collective society or user may, after giving notice to the other party, apply to the Board to fix the royalty rates or any related terms and conditions, or both. Fixing royalties, etc. (2) The Board may, for a period that the Board may specify, fix the royalty rates or their related terms and conditions, or both, as the case may be. Application of subsections 70(2) and (3) (3) Subsections 70 (2) and (3) apply, with any necessary modifications, to the fixing of royalty rates or terms and conditions, or both, by the Board under subsection (2). For greater certainty (4) For greater certainty, the Board may deny an application made under subsection (1) or any part of one. Copy of decision and reasons (5) The Board shall send a copy of the decision and the reasons for it to the collective society and the user. Definition of user (6) In this section, user means (a) a user who is not otherwise authorized to do an act referred to in section 3, 15, 18 or 21 in respect of the works, performer’s performances, sound recordings or communication signals included in a collective society’s repertoire; or (b) a user who is required to pay, in respect of sound recordings included in a collective society’s repertoire, a royalty referred to in section 19 that has not otherwise been fixed or agreed on. R.S., 1985, c. C-42, s. 71; 1997, c. 24, s. 50; 2012, c. 20, s. 55 2018, c. 27, s. 296
Copyright Act — C-42 71.1
Agreement 71.1 The Board shall not proceed with an application under section 71 in respect of any matter in issue on which an agreement has been reached, if a notice is filed with the Board that such an agreement has been reached. 2018, c. 27, s. 296