Copyright Act

Marginal note:Certification

• 73 (1) On the conclusion of its consideration of proposed tariffs, the Board shall

  • (a) establish

    • (i) a manner of determining the royalties to be paid by educational institutions and retransmitters, and

    • (ii) such terms and conditions related to those royalties as the Board considers appropriate;

  • (b) determine the portion of the royalties referred to in paragraph (a) that is to be paid to each collective society;

  • (c) vary the tariffs accordingly; and

  • (d) certify the tariffs as the approved tariffs, whereupon the tariffs become for the purposes of this Act the approved tariffs.

• Marginal note:No discrimination

  (2) For greater certainty, the Board, in establishing a manner of determining royalties under paragraph (1)(a) or in apportioning them under paragraph (1)(b), may not discriminate between owners of copyright on the ground of their nationality or residence.

• Marginal note:Publication of approved tariffs

  (3) The Board shall publish the approved tariffs in the Canada Gazette as soon as practicable and 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.