Book Importation Regulations

5 (1) For the purpose of section 2.6 of the Act, where an order for imported books is placed, the following distribution criteria are established:

• (a) an exclusive distributor shall

  • (i) ship the books ordered to the intended recipient

    • (A) for books imported into Canada and in stock in Canada,

      • (I) no later than three days after the day on which the exclusive distributor receives the order, in the case of English-language books, and

      • (II) no later than five days after the day on which the exclusive distributor receives the order, in the case of French-language books,

    • (B) for books imported from the United States and not in stock in Canada, no later than 12 days after the day on which the exclusive distributor receives the order,

    • (C) for books imported from Europe and not in stock in Canada,

      • (I) no later than 30 days after the day on which the exclusive distributor receives the order, in the case of English-language books, and

      • (II) no later than 60 days after the day on which the exclusive distributor receives the order, in the case of French-language books, and

    • (D) for books imported from any other country and not in stock in Canada, no later than 50 days after the day on which the exclusive distributor receives the order,

  • (ii) provide the book in the format requested by the person who placed the order, if the format exists, and

  • (iii) subject to any law of any province with respect to prices concerning the distribution of books, provide the book at a price no greater than

    • (A) if the book is imported from the United States, the list price in the United States, plus the current exchange rate, plus 10% of the price after conversion, minus any applicable discounts, or

    • (B) if the book is imported from a country in Europe or any other country, the list price in the country from which the book is imported, plus the current exchange rate, plus 15% of the price after conversion, minus any applicable discounts; and

• (b) if the person who placed the order so requests, an exclusive distributor shall confirm to that person whether the order can be filled

  • (i) if the confirmation is made by telephone, no later than two days after the day on which the order is placed,

  • (ii) if the confirmation is sent by mail or facsimile, no later than five days after the day on which the order is placed, and

  • (iii) if the confirmation is sent by electronic means other than facsimile, no later than the day after the day on which the order is placed.

(2) In the case of books provided to libraries, the applicable discounts referred to in clause (1)(a)(iii)(A) shall be based on generally prevailing market conditions in North America.

(3) Subsections (1) and (2) apply to an exclusive distributor of a book in paperbound format only after the end of 12 months after the book first becomes available in that format in North America. If the exclusive distributor provides the book in that format before the end of that period, subsections (1) and (2) shall apply.

(4) If an exclusive distributor is unable to meet the criteria for an order set out in subsections (1) and (2), the person who placed the order may import the book through a person other than the exclusive distributor.