Copyright Board Decision Time Limits

Summary#

The Time Limits in Respect of Matters Before the Copyright Board Regulations (SOR/2020-264) set deadlines for final decisions by the Copyright Board under the Copyright Act. They generally require the Board to decide most matters within 12 months after the final day parties can submit, or — if no hearing is held — before a proposed tariff’s effective period begins; the regulations were registered on December 4, 2020 and published in the Canada Gazette on December 23, 2020.

What it does#

• For matters with a hearing, the Copyright Board must issue its decision within 12 months after the day it fixes as the final day for parties’ written or oral submissions.
• For proposed tariffs where no hearing is held, the Board must decide before the proposed tariff’s effective period begins.
• If the Board or a case manager sets a later “final day” after the one already fixed, that later day does not restart the 12-month clock.
• The Board must notify the collective society that filed a proposed tariff and any objectors whether a hearing will be held within 3 months after the Board publishes a proposed tariff.
• The Board or a case manager may extend a time limit in exceptional circumstances, but must publicly state the extension, the length of the extension and the reasons for it.
• Transitional rules for matters already before the Board when the regulations came into force:
  • If the Board had not given the hearing/no-hearing notice and the 3-month period has already ended, it must give that notice within 2 months after the regulations came into force.
  • If a proposed tariff’s effective period has already begun and the Board notifies parties within 2 months after the regulations came into force that there will be no hearing, the Board must decide within 12 months after the regulations came into force.
  • If a hearing had already been held and the normal 12-month period has already passed or will end in less than 6 months, the Board must decide within 6 months after the regulations came into force.
  • Those transitional deadlines cannot be extended.
• The regulations come into force on the day they were registered (registration: December 4, 2020).

Who's affected#

• Parties who bring or oppose tariffs before the Copyright Board, including collective societies that file proposed tariffs.
• Users of copyrighted content whose costs depend on Board-set royalties, such as streaming services, broadcasters, educational institutions and other businesses that rely on licensed content.
• Rights holders and creators who receive royalties set by the Board.
• The Board itself and its staff, who must adjust case management and scheduling to meet the new deadlines.
• If it is unclear whether a particular type of dispute will be affected, that will depend on whether the Board decides to hold a hearing in that case.

Why it matters#

• More predictable timelines. Parties will usually know whether a hearing will happen within 3 months, and most decisions must follow within 12 months after final submissions.
• Less retroactive payment risk. Faster decisions should reduce situations where users must pay large royalties retroactively. That can make it easier for businesses (including new services) to plan and launch.
• Potential financial benefits for creators and rights holders. Quicker decisions mean royalties are set and distributed sooner, and less capital needs to be frozen as a reserve against possible retroactive costs.
• Reduced legal costs and delay. Shorter waits for rulings can lower participants’ legal expenses and make proceedings more accessible.
• The Board still has an escape valve. It may extend deadlines in exceptional circumstances, so some cases could still take longer.
• These regulations are part of broader reforms and funding increases intended to reduce long-standing delays (the Board’s annual royalties from previous decisions were about $503 million, and its budget was increased by over 30% to support faster decision-making).