Strategic Policy Sector

Limitation to the Right to Equitable Remuneration of Certain World Intellectual Property Office Performances and Phonograms Treaty (WPPT) Countries Statement

Creation of Regulations prescribing the form and content of notices under the notice and notice regime

Amendments to the Local Signal and Distant Signal Regulations

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Regulatory Initiative: Limitation to the Right to Equitable Remuneration of Certain World Intellectual Property Office Performances and Phonograms Treaty (WPPT) Countries Statement – Forward Regulatory Plan 2013-15

Title or working title of the regulatory initiative:

Limitation to the Right to Equitable Remuneration of Certain World Intellectual Property Office Performances and Phonograms Treaty (WPPT) Countries Statement

Description of objective:

The Copyright Act (the Act) and associated regulations relate to the protection of literary, dramatic, musical and artistic works and other subject-matter, subject to limitations and exceptions.

Section 20(2.1) of the Act gives discretion to the Minister of Industry to publish a Ministerial Statement to limit the scope and duration of protection of the right to remuneration in sound recording originating from a World Intellectual Property Office Performances and Phonograms Treaty (WPPT) country, if that country does not offer a right similar in scope and duration to that granted in Canada.

The Minister of Industry intends to publish such a statement.  Without such a Ministerial Statement, Canadian businesses, such as broadcaster and venue owners will be subject to an increase of the copyright royalties which they pay for certain uses of sound recordings, while Canadians would not benefit from an equivalent benefit abroad.

To date, over 10 member countries have availed themselves of the WPPT option to limit the scope of the remuneration right.

Indication of business impacts:

There are no expected business impacts. 

Public Consultation:

Several businesses that use music, including Canadian broadcasters, and professional sports clubs, have requested in writing that the Minister address their concern through a Ministerial Statement to ensure that the Act is implemented in a reciprocal manner.

Interested stakeholders will have the opportunity to comment on the analysis that will inform the drafting of a ministerial statement as part of informal consultations in May 2013.

Departmental Contact:

Strategic Policy Sector

If you wish to contact the department please use the following address:  mfpb.regs@ic.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians Web sites.

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Regulatory Initiative: Creation of Regulations prescribing the form and content of notices under the notice and notice regime – Forward Regulatory Plan 2013-15

Title or working title of the regulatory initiative:

Creation of Regulations prescribing the form and content of notices under the notice and notice regime

Description of objective:

The Copyright Act was amended in June 2012 to include a formal notice and notice regime that will be administered by Canadian Internet Service Providers (ISPs) (the notice and notice provisions of the Act are not yet in force).  The amendments also included a discretionary regulation-making power enabling the Governor-in-Council to prescribe the form of any notice of alleged infringement and specify additional content to be contained in any notice.

Under the notice and notice regime, when an ISP receives a notice from a copyright owner that one of its subscribers might be hosting or sharing infringing material, it forwards that notice electronically to that subscriber, and informs the copyright holder once this has been done.  ISPs have the obligation to temporarily retain records in relation to the subscribers who have received notices.

The proposed Regulations would provide clarity to ISPs and users of the regime as to the form and content requirements of a notice.

Indication of business impacts:

There may be business impacts.  The “One-for-One” Rule and/or the Small Business Lens may apply.

Public Consultation:

Interested stakeholders will have the opportunity to comment when the proposed regulations are pre-published in Canada Gazette, Part 1 (timing TBD).

Departmental Contact:

Strategic Policy Sector

If you wish to contact the department please use the following address: notice-avisconsultations@ic.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians Web sites.

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Regulatory Initiative: Amendments to the Local Signal and Distant Signal Regulations – Forward Regulatory Plan 2013-15

Title or working title of the regulatory initiative:

Amendments to the Local Signal and Distant Signal Regulations

Description of objective:

The proposed amendments are to the Local Signal and Distant Signal Regulations, under the authority of the Copyright Act.

The Copyright Act and associated regulations relate to the protection of literary, dramatic, musical and artistic works and other subject-matter, subject to limitations and exceptions.

Under section 31 of the Copyright Act (the Act), those who retransmit broadcast signals (“retransmitters”), such as cable and satellite television companies, are required to pay copyright royalties to rights holders, but only in respect of “distant” (i.e., not "local") signals.  The Local Signal and Distant Signal Regulations of the Act (the Regulations) currently define whether an over-the-air television (TV) signal is local or distant using several factors, including the “Grade B Contour,” an engineering calculation based on the range of radio waves from the original transmission site.  A TV signal is deemed local or distant based on whether or not a particular signal falls within the prescribed range from the point of transmission.

As of August 31, 2011, Canadian local, over the air television stations in medium and large markets stopped broadcasting in analog and started broadcasting digital signals as mandated by the Canadian Radio Television and Telecommunications Commission (CRTC).  As a result, the current Grade B Contour formula is outdated with respect to digital signals.  Amending the Regulations is necessary to update how local and distant signals are defined in order to account for the recent change to digital signals.

Indication of business impacts:

There are no expected business impacts.

Note:  The statement that there are no expected business impacts is an indication that the One-for-One Rule and the Small Business Lens are not expected to apply.

Public Consultation:

Interested stakeholders will have the opportunity to comment when the proposed regulations are pre-published in Canada Gazette, Part 1 (timing TBD).

Targeted consultations were undertaken by Industry Canada and Canadian Heritage officials over Spring/Summer 2012 with key stakeholders.

Departmental Contact:

If you wish to contact the department please use the following address: lsdsconsultationsslse@ic.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians Web sites.