Copyright Board Rules of Procedure

Summary#

The Copyright Board Rules of Practice and Procedure (published as SOR/2023-24) set formal steps for how the Copyright Board runs tariff-setting and related proceedings. The rules were registered on February 10, 2023 and published in the Canada Gazette on March 1, 2023, and they replace the Board’s older Model Directive with clearer deadlines and filing requirements.

What it does#

• Requires a collective management society that files a proposed tariff to provide a short “notice of grounds” within 7 days explaining the proposal.
• Requires objectors to file a notice explaining their objections, and allows the society 14 days to reply to an objection.
• Requires parties in contested cases to file a joint statement of issues (or separate statements if they cannot agree) within 90 days of the start of the proceeding.
• Makes electronic filing the default method for documents unless the Board allows an exception.
• Gives the Board a stronger case-management role to set schedules, limit or permit interrogatories, and issue binding procedural orders.
• Sets clearer rules on confidentiality requests, expert witness reports (what must be included), and the Board’s ability to appoint independent experts.
• Clarifies how people or groups can ask to intervene, and how third parties can file short letters of comment.
• Allows the Board to sever or consolidate proceedings and to vary or waive procedural rules in special circumstances.
• Sequences proceedings so the Board can meet the timelines set in the separate Time Limits in Respect of Matters Before the Copyright Board Regulations, including the goal of resolving matters within 12 months once final submissions begin (this is the broader timeline the Rules are meant to help meet).

Who's affected#

• Collective management societies that file tariffs (the organizations that collect and distribute royalties).
• Businesses and organizations that use copyrighted works (for example, broadcasters, streaming services, retailers and other establishments that play music or retransmit signals).
• Rights holders and creators who rely on collective societies for payments.
• Objectors, potential interveners and members of the public who may want to participate or comment.
• Small businesses and parties who currently appear before the Board; the rules aim to make participation more predictable but may require earlier information-sharing.
• The Copyright Board itself and its staff (who will run the new case management and filing systems).

Why it matters#

• More predictability: users and rights holders should know sooner what issues will be decided and what information the Board expects.
• Faster outcomes: better early information and active case management aim to shorten the time between filings and final decisions, so rights holders can be paid sooner and users can get clearer licensing rules.
• Some extra upfront work: parties must provide more detailed information earlier in a case, which could mean modest additional time or cost for preparing filings. The Board estimates implementation costs at under $1 million per year.
• Greater access and clarity: electronic filing, templates and published procedures are intended to make the process easier to understand, especially for smaller participants and newcomers.