The Copyright Board of Canada is overhauling its procedural framework in an effort to improve its efficiency, predictability, and transparency of its tariff-setting processes. The tariff-setting process is a procedure used to determine the fees or royalties that must be paid for the use of copyrighted works.

The Copyright Board currently uses a Model Directive on Procedure, which provides limited guidance and allows for flexible and discretionary, case-by-case adjustments. Unfortunately, having such flexibility and discretion has led to significant delays and inconsistencies in proceedings, making it difficult for parties to anticipate and prepare for tariff-setting processes.

Under the existing Model Directive, parties involved in tariff-setting proceedings are not required to submit comprehensive information at the outset. To address these challenges, the Copyright Board is introducing new Rules of Practice and Procedure. These rules aim to establish a more structured and standardized approach to tariff-setting. Key changes include requiring parties to provide detailed information early in the process, such as a notice of grounds for tariff proposals and objections.

The updated framework also includes specific guidelines for document submissions, confidentiality, and procedural conduct, which are designed to improve predictability and transparency. The introduction of mandatory joint statements of issues will further clarify the matters under dispute and facilitate more effective management of evidence and case proceedings. The rules also enable meaningful non-party participation, ensuring that interested parties, such as individual consumers or creators, can engage effectively in proceedings.

This reform is part of a broader modernization effort to enhance the Copyright Board’s operations. These reforms align with the Government of Canada’s Intellectual Property Strategy and Creative Canada Policy Framework, which emphasize the need for timely and equitable resolution of copyright disputes.

By implementing these new Rules, the Copyright Board aims to improve the overall fairness and efficiency of its proceedings. The structured approach will facilitate timely compensation for rights holders and more accessible content for users, strengthening the Board’s role as an economic regulator in Canada’s copyright system. The new framework also supports the Board in meeting statutory deadlines and enhances its capability to manage cases effectively and transparently.

Source: Canada SOR/2023-24, February 10, 2023.