Copyright Board Rules of Practice and Procedure

Summary#

This is a proposal from the Copyright Board called the Copyright Board Rules of Practice and Procedure (published in the Canada Gazette on June 18, 2022). It would replace the Board’s informal Model Directive with formal rules to standardize how tariff-setting and certain royalty cases are run; interested people have 30 days to comment on the proposal.

What it does#

• Sets clear steps and deadlines for tariff-setting and individual royalty cases before the Copyright Board.
• Requires a collective management society that files a proposed tariff to file a short “notice of grounds” within 7 days explaining the uses covered and the basis for the proposed rates.
• Requires people who object to a proposed tariff to file a “notice of grounds for objection” and gives the society 14 days to reply.
• Requires parties (except interveners) to try to file a joint statement of the issues within 90 days of the start of a proceeding, or to file separate statements explaining disagreements.
• Creates formal case management powers (a named case manager can set schedules, limit interrogatories, and issue binding procedural orders).
• Makes electronic filing the normal rule and specifies formats for filings to reduce paper costs.
• Lays out how confidentiality claims are handled and sets rules for expert reports (what must be included).
• Explains how non-parties can ask to intervene or file letters of comment.
• Allows the Board to appoint independent experts and to issue subpoenas for witnesses or documents.
• Says the rules would apply to proceedings already underway (except for steps already taken) and would come into force when registered.
• Estimates the ongoing cost of the new rules to government at under $1 million annually.

Who's affected#

• Collective management societies (the organizations that propose tariffs and collect royalties).
• Businesses and organizations that use copyrighted works and often object to tariffs (for example broadcasters, streaming services, educational institutions, and businesses that play music).
• Individual creators, consumers or other members of the public who might want to intervene or file letters of comment.
• Small parties and small businesses that take part in Board proceedings — they may face earlier information requirements but could benefit from clearer, faster processes.
• The Copyright Board itself (it would run proceedings under these formal rules).

If it is unclear who will be affected in a particular kind of proceeding, the rules say parties and the Board will use case management to decide the details.

Why it matters#

• Faster and more predictable procedures could mean rights holders get paid sooner and users learn sooner what tariffs will cost.
• Requiring key information earlier aims to reduce long exploratory interrogatories and avoid surprise issues late in a file.
• Electronic filing and clearer deadlines could lower some costs and help small participants plan better.
• Stronger case management could shorten some proceedings, helping the Board meet existing decision timelines (including a 12‑month limit on decisions after final submissions in some cases).
• The trade-off: parties must prepare and file more detailed information earlier in the process, which may increase upfront work for some.