Copyright Board Practice Update

  • November 23, 2018
  • Casey Chisick, Eric Mayzel and Jessica Zagar of Cassels Brock

On October 29, 2018, the Government of Canada introduced Bill C-86, which proposes amendments to the Copyright Act designed to modernize the practices and procedures of the Copyright Board of Canada and the parties who appear before it. The amendments are intended to facilitate more efficient decision-making processes and timelier decisions by the Board and to add clarity to Board proceedings by introducing substantive criteria to be considered by the Board in fixing royalties.

Bill C-86 represents the culmination of consultations launched in August 2017 by the Minister of Innovation, Science and Economic Development (ISED) and the Minister of Canadian Heritage (Heritage), jointly with the Copyright Board of Canada, on proposed legislative and regulatory changes to the Board’s decision-making processes.

The proposed reform includes a number of significant changes pertaining to the Copyright Board and the collective administration of copyright.