Canada Gazette, Part I, Volume 156, Number 36: Supplement 2

September 3, 2022

SUPPLEMENT Vol. 156, No. 36

Canada Gazette

Part I

OTTAWA, Saturday, September 3, 2022

COPYRIGHT BOARD

Non-Commercial Radio Reproduction Tariff (CMRRA: 2003-2010, CSI: 2011-2017)

Citation: 2022 CB 12-T
See also: Non-Commercial Radio Reproduction Tariff (2003-2017), 2022 CB 12

Published pursuant to section 70.1 of the Copyright Act

Lara Taylor
Secretary General
613‑952‑8621 (telephone)
registry-greffe@cb-cda.gc.ca (email)

NON-COMMERCIAL RADIO REPRODUCTION TARIFF (CMRRA: 2003-2010, CSI: 2011-2017)

Definitions

1. In this tariff,

“network”
means a network within the meaning of the Regulations Prescribing Networks (Copyright Act), SOR/99-348, Canada Gazette, Part II, Vol. 133, No. 19, p. 2166; (« réseau »)
“non-commercial radio station”
means
  • (a) any AM or FM radio station other than a Canadian Broadcasting Corporation radio station, licensed under the Broadcasting Act, S.C. 1991, c. 11, by the Canadian Radio-television and Telecommunications Commission as a station owned or operated by a not-for-profit corporation or organization, whether or not any part of its gross operating costs is funded by advertising revenues, including any station that is owned or operated on a not-for-profit basis, and
  • (b) any AM or FM radio station owned or operated by a corporation or organization similar to a not-for-profit entity, whether or not this corporation or organization holds a licence from the Canadian Radio-television and Telecommunications Commission; (« station de radio non commerciale »)
“reproduction”
means the copying of a musical work by any known or to-be-discovered process, in any format or material form, including the fixation on the random access memory (RAM) or hard disk of a computer; (« reproduction »)
“simulcasting”
means the simultaneous, unaltered, real-time transmitting of the over-the-air broadcast signal of the station, or of another station that is part of the same network as the station, by means of the Internet; (« diffusion simultanée »)
“year”
means a calendar year. (« année »)

Application

2. (1) For the years 2003 to 2010, this tariff authorizes the reproduction, as often as desired, of musical works in the repertoire of CMRRA by a conventional, over-the-air non-commercial radio station for its radio broadcasting purposes, but does not authorize

(2) For the years 2011 to 2017, this tariff authorizes the reproduction, as often as desired, of the musical works in the repertoire of CSI, by a conventional, over-the-air non-commercial radio station for its radio broadcasting purposes, including simulcasting, but does not authorize

Royalties

3. (1) For the years 2003 to 2010, the royalties payable to CMRRA are $25 per year.

(2) For the years 2011 to 2017, the royalties payable to CSI are

(3) All royalties payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

Payments, Accounts and Records

4. (1) Royalties payable by a non-commercial radio station for each calendar year shall be due on the 31st day of January of the year following the calendar year for which the royalties are being paid.

(2) Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

(3) Adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an error or otherwise, shall be made within 30 days following notification of the required adjustment.

Confidentiality

5. (1) Subject to subsections 5(2) and 5(3), CMRRA and CSI shall treat in confidence information received from a non-commercial radio station pursuant to this tariff, unless the non-commercial radio station consents in writing to the information being treated otherwise.

(2) CMRRA or CSI may share information referred to in subsection 5(1)

(3) Subsection 5(1) does not apply to information that is publicly available, or to information obtained from someone other than the non-commercial radio station and who is not under an apparent duty of confidentiality to that non-commercial radio station.

Delivery of Notices and Payments

6. (1) All notices and payments to CMRRA or CSI shall be sent to 56 Wellesley Street West, Suite 320, Toronto, Ontario M5S 2S3, email: csi@cmrra.ca, fax number: 416‑926‑7251, or to any other address or fax number of which the non-commercial radio station has been notified in writing.

(2) All communications from CMRRA or CSI to a non-commercial radio station shall be sent to the last address or fax number provided in writing by that non-commercial radio station to either CMRRA or CSI.

(3) A communication or a notice may be delivered by hand, by postage-paid mail, by fax, or by email. A payment must be delivered by hand, by postage-paid mail, or by electronic bank transfer (EBT).

(4) All communications, notices or payments mailed in Canada shall be presumed to have been received four business days after the day they were mailed. All communications or notices sent by fax shall be presumed to have been received the day they were transmitted.

Transitional Provisions

7. (1) Notwithstanding subsection 4(1), amounts owed on or before September 3, 2022, as a result of this tariff, shall be due on December 5, 2022.

(2) Any payment made under subsection 7(1) shall be accompanied by a written declaration of the number of years between 2003 and 2017 in which the non-commercial radio station operated.