CBRA Non-Commercial Media Monitoring Tariff

Summary#

The Canada Gazette published the CBRA Non-Commercial Media Monitoring Tariff (2027-2029), a set of rules about how government media monitors can record, copy, store and share radio and TV material owned or controlled by CBRA broadcasters. The notice sets limits on clips and databases, requires reporting and record-keeping, and requires each monitor to pay a royalty equal to 14% of its monitoring costs each semester. It was published pursuant to the Copyright Act.

What it does#

• Allows a government “monitor” to make and share limited excerpts of radio and TV programs owned or controlled by CBRA broadcasters, but only under the tariff’s conditions.
• Limits excerpts to two excerpts per program of up to 10 minutes each, with narrow exceptions where up to 10% of items may exceed those limits in several delivery formats (audiotape, videotape, email, telephone access, database downloads).
• Lets monitors give government users copies, let some users listen by phone, and send low-resolution video email attachments (max 320 × 240 pixels at 15 fps).
• Allows a password‑protected database but requires excerpts to be removed no later than six months after broadcast and severely restricts further distribution.
• Lets transcripts be kept for up to 10 years; monitoring notes and summary notes can be kept indefinitely.
• Requires monitors to pay a royalty equal to 14% of their CBRA-related monitoring costs each semester, and to report costs and use to CBRA on a regular schedule.
• Gives CBRA audit rights, confidentiality rules, and the right to suspend a monitor’s privileges if royalties are unpaid or other rules are breached (see five business days for when suspension can start).
• Offers an administrative small‑monitor option where a monitor can declare total media monitoring costs under $100,000 for a year. That declaration must be made by January 31 and brings reduced reporting, but the exemption ends once costs exceed $100,000 in that year.
• Charges interest on late payments at 1% above the Bank Rate (published by Bank of Canada), calculated daily (not compounded).

Who's affected#

• Government media monitoring units and vendors who make excerpts, transcripts or databases of radio/TV material for federal, provincial, territorial and many local public bodies — broadly those defined as “government” in the tariff. CBRA monitors and government users are the main parties affected.
• Government departments, ministries, municipalities and other public bodies that receive monitoring products. They must follow strict internal‑use rules and cannot re‑distribute material outside permitted uses.
• Small monitoring operations that spend less than $100,000 a year on monitoring may be able to use a simplified reporting route.
• It is unclear from the notice whether or how this tariff interacts with existing commercial licences or separate agreements; the tariff does not apply where there is an agreement between CBRA and a monitor.

Why it matters#

• Budget impact: government monitoring services will have a predictable fee formula (royalty = 14% of monitoring costs) that could raise costs or change where monitoring is done or who provides it.
• Access and use: stricter limits on clip length, database retention (six months) and distribution mean government users will have less freedom to share or reuse broadcast material. That affects internal research, briefings and how quickly officials can show audio/video in meetings.
• Records and compliance: monitors must keep detailed accounting and can be audited. Non‑payment or compliance failures can stop them from providing monitoring services within days.
• Legal and operational risk: the tariff requires monitors to control how government users handle material and includes indemnity rules. Public servants and monitoring vendors will need to adjust practices to avoid breaches.