Re:Sound Dance Tariff 2013–2018

Summary#

This notice publishes the Re:Sound Dance Tariff, 2013–2018, a schedule of royalties for playing recorded music for dancing in public venues. Published in the Canada Gazette on August 1, 2020, it sets the fees that venues must pay for the years 2013–2018 and describes reporting, record-keeping, audit and payment rules.

What it does#

• Sets annual royalties for venues that play recorded music for dancing. It covers many indoor and outdoor public places such as nightclubs and restaurants.
• For venues with a capacity of up to 100 patrons, it fixes fees by period and how often the venue operates:
  • For 2013–2014:
    • 1–3 days per week, up to six months: $151.19
    • 4–7 days per week, up to six months: $302.38
    • 1–3 days per week, more than six months: $302.38
    • 4–7 days per week, more than six months: $604.76
  • For 2015–2016:
    • 1–3 days per week, up to six months: $157.33
    • 4–7 days per week, up to six months: $314.66
    • 1–3 days per week, more than six months: $314.66
    • 4–7 days per week, more than six months: $629.31
  • For 2017–2018:
    • 1–3 days per week, up to six months: $160.89
    • 4–7 days per week, up to six months: $321.77
    • 1–3 days per week, more than six months: $321.77
    • 4–7 days per week, more than six months: $643.53
• For larger venues, venues must pay more: every increase in capacity of up to 20 patrons adds 10% to the base fee (so a venue over 100 patrons pays increments above the amounts listed).
• Requires venue operators to pay the royalty for each year no later than January 31 of the following year and to provide basic information about the venue (name, contact, capacity documentation, days/months of operation).
• Requires keeping records for 6 years and allows Re:Sound to audit those records. If royalties were understated by more than 10%, the venue may have to pay the audit costs and the shortfall.
• Sets confidentiality rules about the information supplied, but allows sharing with service providers, SOCAN, the Copyright Board, and for distribution or enforcement purposes.
• Interest on late payments is charged daily at a rate equal to 1% above the Bank Rate (no compounding).
• Rules on how notices and payments may be delivered, and presumptions about when mailed or emailed items are received (mail presumed received after 4 business days).
• Transitional rule: amounts that would have been payable before August 1, 2020 were made due on November 1, 2020, with specified interest multipliers for each year 2013 through 2018.

Who's affected#

• Operators of venues that play recorded music for dancing in public, such as nightclubs, dance clubs, bars, restaurants, hotels, halls, clubs, schools and campuses.
• Small venues will see specific fixed fees (see amounts above); larger venues pay scaled-up amounts.
• Not affected: venues operated by a not-for-profit religious or not-for-profit educational institution if the dancing is primarily for participants under 19, and events already covered by other Re:Sound tariffs (for example, adult entertainment, live events, or fitness activities).
• The tariff is administered by Re:Sound and involves the Copyright Board and SOCAN for some enforcement and information-sharing steps.

Why it matters#

• Venues that hosted dancing between 2013 and 2018 now have a clear bill to pay for using recorded music. That can mean new costs or retroactive payments with interest.
• The rules add administrative duties: filing basic information, keeping records for 6 years, and facing possible audits. That can be a burden for small businesses.
• Knowing the precise fees helps venue operators budget and decide whether to change programming (for example, using live music, which is covered by different tariffs).
• If you run or manage a venue that offered dancing in those years, this directly affects what you owe and the paperwork you must keep. If it’s unclear whether a specific event is covered, the tariff itself lists some exclusions and overlaps with other tariffs.