Government consulting on Copyright Board improvements

The federal government is looking for feedback on proposals to help the Copyright Board pick up the pace, launching a consultation on proposals to, among other things, speed up the body’s tariff-setting process. “Getting the Copyright Board system right will enable creators to get paid properly and on time,” Innovation, Science and Economic Development (ISED) Canada said in a Wednesday press release kicking off the seven-week consultation window in concert with the board and the department of Canadian Heritage. ISED also published Wednesday a discussion paper outlining 13 recommendations to improve the quasi-judicial tribunal that were developed from years of previous study and review, including work by House of Commons and Senate committees and academic analyses, some of which has been published by the Copyright Board itself. “Having firmly established the issues facing the Board through previous initiatives, the focus of this consultation is to engage stakeholders and the public on how best to resolve those issues by making the decision-making processes related to the Board more efficient without limiting its ability to fulfil its policy goals described above,” the paper said. The chief concern outlined in all previous studies was that the board takes too long to make decisions. “Indeed, it routinely takes several years for tariffs to be certified, such that many apply retroactively,” the discussion paper said, adding that those delays “pose significant consequences.” One study, highlighted in the government’s press release, pegged the average time for a tariff to become certified at three-and-a-half years. Among the suggestions is for the board to adapt the CRTC’s “authorization” model for its proceedings that allows the board “to dispense with or vary any or some of its procedural rules for the purpose of ensuring the expeditious conduct of any proceeding where the circumstances and considerations of fairness and the public interest permit.” The paper also recommends clarifying the board’s procedures by codifying a mandate for the body in the Copyright Act. Consultations are open until Sept. 29. A review of the country’s copyright legislation is expected to begin after Nov. 7. The government also announced a one-year term extension to current Copyright Board vice-chairman and CEO Claude Majeau, who will continue to serve while it looks for a new vice-chair and part-time members. Applications for those governor-in-council appointed positions are due Sept. 13.

Government consulting on Copyright Board improvements

Brief | August 9, 2017

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Government consulting on Copyright Board improvements

Brief | August 9, 2017

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