Copyright Act — C-42 83
Filing of proposed tariffs 83 (1) Subject to subsection (14), each collective society may file with the Board a proposed tariff for the benefit of those eligible authors, eligible performers and eligible makers who, by assignment, grant of licence, appointment of the society as their agent or otherwise, authorize it to act on their behalf for that purpose, but no person other than a collective society may file any such tariff. Filing of proposed tariff (2) 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. Form and content (3) A proposed tariff must be filed in both official languages and include (a) the proposed levy rates and any related terms and conditions; and (b) the effective period of the proposed tariff. It may also include a suggestion as to whom the Board should designate under paragraph (8)(b). Minimum effective period (4) 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. Publication (5) The Board, in the manner that it sees fit, shall publish the proposed tariff and a notice that any person or entity who files an objection must do so no later than the 30th day after the day on which the Board made the proposed tariff public or, if a day is established under regulations made under subsection 66.91(2), no later than that day. Copy of objection (6) The Board shall provide a copy of the filed objection to each collective society concerned. Reply (7) Each collective society concerned may file a reply to an objection with the Board. Copy to objector (7.1) The Board shall provide a copy of the filed reply to the person or entity that filed the objection. Approval (8) The Board shall, within the period that is established under regulations made under subsection 66.91(2), (a) approve a proposed tariff, after making any alterations to the levy rates and the related terms and conditions, or fixing any new related terms and conditions, that the Board considers appropriate; and (b) subject to subsection (8.2), designate as the collecting body the collective society or other society, association or corporation that, in the Board’s opinion, will best fulfil the objects of sections 82, 84 and 86. Terms and conditions (8.1) The related terms and conditions may include terms and conditions such as the form, content and frequency of the statements of account referred to in subsection 82(1), measures for the protection of confidential information contained in those statements, and the times at which the levies are payable. Designation (8.2) The Board is not obligated to designate a collecting body under paragraph (8)(b) if it has previously done so, and a designation under that paragraph remains in effect until the Board, under a proposed tariff or on a separate application, makes another designation. Publication of approved tariffs (9) 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 collecting body; (b) each collective society that filed a proposed tariff; (c) every person or entity that filed an objection under subsection (5); and (d) any other person or entity that, in the Board’s opinion, ought to receive the copy and reasons. Continuation of rights (10) If a proposed tariff’s effective period begins before the proposed tariff is approved and that effective period begins immediately after the expiry of the previous tariff, then — from the start of the effective period of the proposed tariff until the earlier of its approval and the end of its effective period — the collecting body may collect the levies in accordance with the previous tariff. Authors, etc., not represented by col