Canada Gazette, Part I, Volume 152, Number 20: COPYRIGHT BOARD
May 19, 2018
COPYRIGHT BOARD
Proposed Statements of Royalties to Be Collected for the Reproduction of Musical Works
In accordance with section 70.14 of the Copyright Act, the Copyright Board hereby publishes the proposed statements of royalties filed by the Canadian Musical Reproduction Rights Agency Ltd. (CMRRA) on March 28, 2018, with respect to royalties it proposes to collect, for the reproduction of musical works, in Canada, by commercial television stations (Tariff No. 5), and by the television services of the Canadian Broadcasting Corporation (Tariff No. 6) for the year 2019.
In accordance with the provisions of the same section, the Board hereby gives notice that prospective users or their representatives who wish to object to the proposed statements of royalties may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than July 18, 2018.
Ottawa, May 19, 2018
Gilles McDougall
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
613-952-8630 (fax)
gilles.mcdougall@cb-cda.gc.ca (email)
PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED BY CMRRA FROM COMMERCIAL TELEVISION STATIONS FOR THE REPRODUCTION, IN CANADA, OF MUSICAL WORKS IN 2019
Tariff No. 5
Short Title
1. This tariff may be cited as the CMRRA Commercial Television Tariff, 2019.
Definitions
2. The following definitions apply in this tariff.
"additional information" means, in relation to each musical work contained in a program, the following information, if available:
- (a) the identifier of the musical work and, if applicable, of the sound recording in which it is embodied;
- (b) the name of each performer or group to whom the sound recording of the musical work is credited;
- (c) the name of the person who released the sound recording;
- (d) the International Standard Recording Code (ISRC) assigned to the sound recording;
- (e) if the sound recording is or has been released in physical format as part of an album or other product, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album or other product, together with the associated disc and track numbers;
- (f) the name of the music publisher associated with the musical work;
- (g) the International Standard Musical Work Code (ISWC) assigned to the musical work;
- (h) the Global Release Identifier (GRid) assigned to the sound recording and, if applicable, the GRid of the album or other product in which the sound recording was released;
- (i) the running time of the sound recording, in minutes and seconds; and
- (j) any alternative title used to designate the musical work or sound recording. (« renseignements additionnels »)
"broadcasting" has the meaning ascribed to it in section 2 of the Broadcasting Act, S.C. 1991, c. 11, excluding any video-on-demand, any dissemination of programs via the Internet for a fee, and any podcasting of audiovisual content, but including any simulcast. (« radiodiffusion »)
"CMRRA" means Canadian Musical Reproduction Rights Agency Ltd. (« CMRRA »)
"CMRRA work" means all or part of a musical or dramatico-musical work of which CMRRA may authorize the reproduction in Canada, in proportion to the rights it holds. (« œuvre CMRRA »)
"gross income" means the gross amounts paid for the use of one or more broadcasting services or facilities offered by a station's operator, including the value of any goods or services provided by any person in exchange for the use of such services or facilities, the fair market value of any non-monetary consideration (e.g. barter or "contra"), and any income from simulcast, whether such amounts are paid to the station owner or operator or to other persons, but excluding the following:
- (a) income accruing from investments, rents or any other business unrelated to broadcasting activities. However, income accruing to or from any allied or subsidiary business, income accruing to or from any business that is a necessary adjunct to the station's broadcasting services or facilities, or income accruing to or from any other business that results in the use of such services or facilities, including the gross amounts received by a station pursuant to turn-key contracts with advertisers, shall be included in the station's "gross income";
- (b) amounts received for the production of a program that is commissioned by someone other than the station and that becomes the property of that person;
- (c) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the station can establish that it was also paid normal fees for station time and facilities; and
- (d) amounts received by an originating station acting on behalf of a group of stations which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating station subsequently pays out to the other stations participating in the broadcast, provided that the amounts so paid to each participating station are included in that station's "gross income." (« revenus bruts »)
"identifier" means the unique identifier assigned to a program, musical work, sound recording, or cue sheet, as the case may be. (« identificateur »)
"low-use station" means a station that
- (a) broadcasts musical works for less than 20 per cent of its total broadcast time during the reference month; and
- (b) keeps and makes available to CMRRA complete recordings of its last 90 broadcast days. (« station à faible utilisation »)
"network" has the meaning ascribed to it in section 2 of the Broadcasting Act, S.C. 1991, c. 11. (« réseau »)
"program" means any combination of sounds and visual images that are intended to inform, enlighten, or entertain, excluding an advertisement of up to 60 seconds' duration. (« émission »)
"reference month" means the second month before the month for which royalties are being paid. (« mois de référence »)
"required information" means, in relation to a program,
- (a) its title, including any subtitle or alternate title, and any identifier assigned to the program;
- (b) its episode number or title, if applicable, and any identifier assigned to the episode;
- (c) its duration, in minutes and seconds;
- (d) the International Standard Audiovisual Number (ISAN) assigned to the program;
- (e) in the case of a translated program, its title in the language of the original production; and
- (f) in relation to each musical work embodied in the program,
- (i) its title,
- (ii) the name(s) of its author(s) and composer(s),
- (iii) the duration of the musical work as embodied in the program, in minutes and seconds, and
- (iv) whether it is used as background or foreground music. (« renseignements obligatoires »)
"simulcast" means the simultaneous, unaltered, real-time streaming of the broadcast signal of the station, or of another station that is part of the same network as the station, via the Internet or other similar computer network. (« diffusion simultanée »)
"station" means a programming undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11. (« station »)
"year" means a calendar year. (« année »)
Application
3. (1) A station that complies with this tariff is authorized to reproduce a CMRRA work as embodied in a program, in any material form and by any process now known or hereafter devised, solely for the purpose of broadcasting the program on the station, including any simulcast.
(2) A station that complies with this tariff is also authorized to
- (a) reproduce a CMRRA work as embodied in a program in making archival copies of the station's programming; and
- (b) authorize a third party to reproduce a CMRRA work as embodied in a program for the purpose of delivering the program to the station so that the station may use it in one of the ways referred to in subsections (1) and (2).
(3) The reproductions referred to in subsection (1) and paragraphs (2)(a) and (b) shall be limited to the CMRRA work as embodied in the program, including the associated visual images.
(4) This tariff does not authorize
- (a) the reproduction of a CMRRA work in synchronization or timed relation with visual images, with any other work, or with any sound recording or performer's performance;
- (b) the use of a CMRRA work in a montage or mashup, or in association with a product, service, cause or institution;
- (c) the reproduction of a CMRRA work by a third party, or the authorization of such reproduction by the station, other than as expressly authorized in paragraph (2)(b);
- (d) the reproduction of a sound recording; or
- (e) any use covered by any other tariff, including the CSI Commercial Radio Tariff, the CSI Online Music Services Tariff, and the CMRRA Online Music Services Tariff (Music Videos).
(5) This tariff does not apply to stations operated by the Ontario Educational Communications Authority, the Société de télédiffusion du Québec, or the Canadian Broadcasting Corporation.
Royalties
4. The royalties payable to CMRRA for a month shall be,
- (a) for a low-use station, 0.28 per cent of its gross income for the reference month; and
- (b) for any other station, 0.66 per cent of its gross income for the reference month.
5. Royalties owed in respect of part of a month shall be prorated according to the number of days the station engaged in broadcasting during that month.
6. All royalties are exclusive of any bank fees and any federal, provincial or other governmental taxes or levies of any kind.
Reporting and Payment Requirements
7. No later than the later of 30 days after the coming into force of this tariff and 20 days after the end of the first month during which a station reproduces a program that may require a CMRRA licence, the station shall provide to CMRRA the following information:
- (a) the name of the station owner, including
- (i) if a corporation, its name and the jurisdiction of its incorporation,
- (ii) if a sole proprietorship, the name of the proprietor,
- (iii) if a partnership, the name of each partner, and
- (iv) the names of the principal officers of any other service, together with any other trade name under which the station carries on business;
- (b) the address of its principal place of business;
- (c) if the station is part of a network, the name of the network and, in relation to the network, the information set out in paragraphs (a) and (b); and
- (d) the name, address, and email address of the person or persons to be contacted for the purposes of notice and, if different from that name, address, and email address for the payment of royalties, the provision of information pursuant to this tariff, and any inquiries related thereto.
8. No later than the first day of each month, a station shall
- (a) pay the royalties for that month;
- (b) report to CMRRA its gross income for the reference month; and
- (c) report to CMRRA separately, for the reference month, its gross income from any simulcast, as well as the number of viewers and viewing hours or, if that information is not available, any other available indication of the extent of viewers' use of simulcast.
9. (1) No later than the first day of each month, a station shall provide CMRRA with a cue sheet indicating, in relation to each program broadcast by the station for the first time during the reference month, the following information:
- (a) its title, including any subtitle or alternate title, and any identifier assigned to the program;
- (b) its episode number or title, if applicable, and any identifier assigned to the episode;
- (c) its duration, in minutes and seconds;
- (d) in relation to each musical work embodied in the program,
- (i) its title,
- (ii) the name of its author(s), composer(s), and music publisher(s) and their respective shares of ownership in the copyright of the musical work,
- (iii) the duration of the musical work as embodied in the program, in minutes and seconds, and
- (iv) the way in which it was used (for example as background or foreground music); and
- (e) such other information as may be included in the cue sheet by the person who provided it to the station, including any identifier assigned to the cue sheet.
(2) A station shall provide a cue sheet for each program that is otherwise identical to another program if their musical content differs in any way contemplated by paragraph (1)(d) or otherwise.
(3) The cue sheet that a station shall provide is that which is received by the station from the person from whom the station acquires the right to broadcast the program. A station shall cooperate with CMRRA in any attempt by CMRRA to obtain cue sheets from third parties, regardless of whether such parties produced the programs.
10. No later than the first day of each month, a station shall provide CMRRA with a copy of its broadcast schedule for the reference month and a broadcast report indicating, in relation to each program broadcast during the reference month, the following information:
- (a) the required information;
- (b) any additional information;
- (c) any other available information that would assist CMRRA in identifying the program and the musical works it contains;
- (d) the date, time, and duration of each broadcast of the program during the reference month; and
- (e) whether the program was simulcast.
11. At any time during the period set out in subsection 12(1), CMRRA may require the production of any contract granting rights referred to in paragraph (c) of the definition of "gross income," together with the billing or correspondence relating to the use of those rights by other parties, and the station shall provide that information within 10 days after receiving a request in writing from CMRRA.
Records and Audits
12. (1) A station shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the information set out in sections 8, 9, 10 and 11, any other information that must be provided under this tariff, and the amounts owed under this tariff, can be readily ascertained.
(2) CMRRA may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.
(3) CMRRA shall, upon receipt of the audit report, supply a copy to the station.
(4) If an audit discloses that royalties due to CMRRA have been understated in any month by more than 10 per cent, the station shall pay the reasonable costs of the audit within 30 days of a demand for such payment.
Breach and Termination
13. (1) A station that fails to provide any information required under this tariff within five business days of the date on which the information is required, or to pay royalties within five business days of the date on which the royalties are due, is not entitled to do any of the acts described in section 3 as of the first day of the month in relation to which the information should have been provided or the royalties should have been paid, as the case may be, and until the information is provided and the royalties and any accrued interest are paid.
(2) A station that fails to comply with any other provision of this tariff is not entitled to do any of the acts described in section 3 as of five business days after CMRRA has notified the station in writing of that failure and until the station remedies that failure.
(3) A station whose owner or operator becomes insolvent, commits an act of bankruptcy, makes an assignment for the benefit of its creditors, files for protection under the Companies' Creditors Arrangement Act or other comparable legislation in another jurisdiction, winds up its affairs, ceases to carry on business, or has a receiver/manager appointed for it or for a substantial part of its property is not entitled to do any of the acts described in section 3 as of the day immediately preceding the day of the relevant occurrence.
Confidentiality
14. (1) Subject to subsections (2) and (3), CMRRA shall treat in confidence information received pursuant to this tariff, unless the station consents in writing to the information being treated otherwise.
(2) CMRRA may share information referred to in subsection (1)
- (a) with the members of its board of directors, its employees, and its legal and financial advisors;
- (b) with any other collective in Canada that has secured a certified tariff applicable to commercial television stations;
- (c) with the Copyright Board;
- (d) in connection with proceedings before the Board, if the station has first been provided with a reasonable opportunity to request a confidentiality order;
- (e) with any person who knows or is presumed to know the information;
- (f) to the extent required to effect the distribution of royalties, with royalty claimants; and
- (g) if ordered by law.
(3) Subsection (1) does not apply to information that is publicly available or to information obtained from someone other than the station and who is not under an apparent duty of confidentiality to the station.
Adjustments
15. Adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due.
Interest
16. (1) In the event that a station does not pay the amount owed under section 8 or provide the information required by sections 8, 9, and 10 by the due date, the station shall pay to CMRRA interest calculated on the amount owed from the due date until the date both the amount and the information are received by CMRRA. Interest shall be calculated daily, at a rate equal to one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
(2) In the event that a station does not provide the information required by sections 8, 9, and 10 by the due date, the station shall pay to CMRRA a late fee of $50.00 per day from the due date until the date the information is received by CMRRA.
Addresses for Notices, etc.
17. (1) Anything that a station sends to CMRRA shall be sent to 56 Wellesley Street West, Toronto, Ontario M5S 2S3, email: tariffnotices@cmrra.ca, fax number: 416-926-7521, or to any other address, email address or fax number of which a station has been notified in writing.
(2) Anything that CMRRA sends to a station shall be sent to the last address, email address or fax number of which CMRRA has been notified in writing.
Delivery of Notices and Payments
18. (1) Subject to subsection (2), a notice may be delivered by hand, by postage-paid mail, by email, by fax, or by File Transfer Protocol (FTP). A payment must be delivered by hand, by postage-paid mail, or as otherwise agreed upon by CMRRA and the station.
(2) Information provided pursuant to sections 8, 9, and 10 shall be provided electronically, in a format agreed upon by CMRRA and the station.
(3) A notice or payment mailed in Canada shall be presumed to have been received four business days after the day it was mailed.
(4) A notice sent by fax, by email, or by FTP shall be presumed to have been received the day it was transmitted.
(5) All amounts required to be reported or paid under this tariff shall be reported or paid in Canadian dollars.
PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED BY CMRRA FOR THE REPRODUCTION, IN CANADA, OF MUSICAL WORKS BY THE TELEVISION SERVICES OF THE CANADIAN BROADCASTING CORPORATION IN 2019
Tariff No. 6
Short Title
1. This tariff may be cited as the CMRRA CBC Television Tariff, 2019.
Definitions
2. The following definitions apply in this tariff.
"additional information" means, in relation to each musical work contained in a program, the following information, if available:
- (a) the identifier of the musical work and, if applicable, of the sound recording in which it is embodied;
- (b) the name of each performer or group to whom the sound recording of the musical work is credited;
- (c) the name of the person who released the sound recording;
- (d) the International Standard Recording Code (ISRC) assigned to the sound recording;
- (e) if the sound recording is or has been released in physical format as part of an album or other product, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album or other product, together with the associated disc and track numbers;
- (f) the name of the music publisher associated with the musical work;
- (g) the International Standard Musical Work Code (ISWC) assigned to the musical work;
- (h) the Global Release Identifier (GRid) assigned to the sound recording and, if applicable, the GRid of the album or other product in which the sound recording was released;
- (i) the running time of the sound recording, in minutes and seconds; and
- (j) any alternative title used to designate the musical work or sound recording. (« renseignements additionnels »)
"broadcasting" has the meaning ascribed to it in section 2 of the Broadcasting Act, S.C. 1991, c. 11, excluding any video-on-demand, any dissemination of programs via the Internet for a fee, and any podcasting of audiovisual content, but including any simulcast. (« radiodiffusion »)
"CBC" means the Canadian Broadcasting Corporation / Société Radio-Canada. (« SRC »)
"CMRRA" means Canadian Musical Reproduction Rights Agency Ltd. (« CMRRA »)
"CMRRA work" means all or part of a musical or dramatico-musical work of which CMRRA may authorize the reproduction in Canada, in proportion to the rights it holds. (« œuvre CMRRA »)
"gross income" means the gross amounts paid for the use of one or more broadcasting services or facilities offered by a service referred to in paragraph 4(b), including the value of any goods or services provided by any person in exchange for the use of such services or facilities, the fair market value of any non-monetary consideration (e.g. barter or "contra"), and any income from simulcast, whether such amounts are paid to CBC or to other persons, but excluding the following:
- (a) income accruing from investments, rents or any other business unrelated to broadcasting activities. However, income accruing to or from any allied or subsidiary business, income accruing to or from any business that is a necessary adjunct to the service's broadcasting services or facilities, or income accruing to or from any other business that results in the use of such services or facilities, including the gross amounts received by a service pursuant to turn-key contracts with advertisers, shall be included in the service's "gross income";
- (b) amounts received for the production of a program that is commissioned by someone other than CBC and that becomes the property of that person;
- (c) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if CBC can establish that it was also paid normal fees for service time and facilities; and
- (d) amounts received by an originating service acting on behalf of a group of services which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating service subsequently pays out to the other services participating in the broadcast, provided that the amounts so paid to each participating service are included in that service's "gross income." (« revenus bruts »)
"identifier" means the unique identifier assigned to a program, musical work, sound recording, or cue sheet, as the case may be. (« identificateur »)
"low-use service" means a service that
- (a) broadcasts musical works for less than 20 per cent of its total broadcast time during the reference month; and
- (b) keeps and makes available to CMRRA complete recordings of its last 90 broadcast days. (« service à faible utilisation »)
"program" means any combination of sounds and visual images that are intended to inform, enlighten, or entertain, excluding an advertisement of up to 60 seconds' duration. (« émission »)
"reference month" means the second month before the month for which royalties are being paid. (« mois de référence »)
"required information" means, in relation to a program,
- (a) its title, including any subtitle or alternate title, and any identifier assigned to the program;
- (b) its episode number or title, if applicable, and any identifier assigned to the episode;
- (c) its duration, in minutes and seconds;
- (d) the International Standard Audiovisual Number (ISAN) assigned to the program;
- (e) in the case of a translated program, its title in the language of the original production; and
- (f) in relation to each musical work embodied in the program,
- (i) its title,
- (ii) the name(s) of its author(s) and composer(s),
- (iii) the duration of the musical work as embodied in the program, in minutes and seconds, and
- (iv) whether it is used as background or foreground music. (« renseignements obligatoires »)
"service" means a programming undertaking, as defined in the Broadcasting Act, S.C. 1991, c. 11, that is owned or operated by CBC. (« service »)
"simulcast" means the simultaneous, unaltered, real-time streaming of the broadcast signal of a service via the Internet or other similar computer network. (« diffusion simultanée »)
"year" means a calendar year. (« année »)
Application
3. (1) This tariff authorizes CBC, provided that it complies with this tariff, to reproduce a CMRRA work as embodied in a program, in any material form and by any process now known or hereafter devised, solely for the purpose of broadcasting the program on a service, including any simulcast.
(2) Provided that it complies with this tariff, CBC is also authorized to
- (a) reproduce a CMRRA work as embodied in a program in making archival copies of a service's programming; and
- (b) authorize a third party to reproduce a CMRRA work as embodied in a program for the purpose of delivering the program to the service so that a service may use it in one of the ways referred to in subsections (1) and (2).
(3) The reproductions referred to in subsection (1) and paragraphs (2)(a) and (b) shall be limited to the CMRRA work as embodied in the program, including the associated visual images.
(4) This tariff does not authorize
- (a) the reproduction of a CMRRA work in synchronization or timed relation with visual images, with any other work, or with any sound recording or performer's performance;
- (b) the use of a CMRRA work in a montage or mashup, or in association with a product, service, cause or institution;
- (c) the reproduction of a CMRRA work by a third party, or the authorization of such reproduction by the service, other than as expressly authorized in paragraph (2)(b);
- (d) the reproduction of a sound recording; or
- (e) any use covered by any other tariff, including the CSI Commercial Radio Tariff, the CSI Online Music Services Tariff, the CMRRA Online Music Services Tariff (Music Videos), and the CMRRA Audiovisual Services Tariff.
Royalties
4. The royalties payable to CMRRA for a month shall be,
- (a) for conventional television, the greater of $2,163,308 and 31.25 per cent of the amount payable to SOCAN under SOCAN Tariff No. 2.D, payable in equal monthly instalments; and
- (b) for specialty television, including RDI, CBC News, Bold, and documentary, 0.28 per cent of a low-use service's gross income for the reference month and 0.66 per cent of any other service's gross income for the reference month.
5. Royalties owed in respect of part of a month shall be prorated according to the number of days the service engaged in broadcasting during that month.
6. All royalties are exclusive of any bank fees and any federal, provincial or other governmental taxes or levies of any kind.
Reporting and Payment Requirements
7. No later than the later of 30 days after the coming into force of this tariff and 20 days after the end of the first month during which a service reproduces a program that may require a CMRRA licence, CBC shall provide to CMRRA the name, address, and email address of the person or persons to be contacted for the purposes of notice and, if different, the name, address, and email address of the person or persons to be contacted for the payment of royalties, the provision of information pursuant to this tariff, and any inquiries related thereto.
8. No later than the first day of each month, CBC shall
- (a) pay the royalties for that month;
- (b) report to CMRRA each service's gross income for the reference month; and
- (c) report to CMRRA separately, for the reference month, each service's gross income from any simulcast, as well as the number of viewers and viewing hours or, if that information is not available, any other available indication of the extent of viewers' use of simulcasts.
9. (1) No later than the first day of each month, CBC shall provide CMRRA with cue sheets indicating, in relation to each program broadcast by CBC for the first time during the reference month, the following information:
- (a) its title, including any subtitle or alternate title, and any identifier assigned to the program;
- (b) its episode number or title, if applicable, and any identifier assigned to the episode;
- (c) its duration, in minutes and seconds;
- (d) in relation to each musical work embodied in the program,
- (i) its title,
- (ii) the name of its author(s), composer(s), and music publisher(s) and their respective shares of ownership in the copyright of the musical work,
- (iii) the duration of the musical work as embodied in the program, in minutes and seconds, and
- (iv) the way in which it was used (for example as background or foreground music); and
- (e) such other information as may be included in the cue sheet by the person who provided it to CBC, including any identifier assigned to the cue sheet.
(2) CBC shall provide a cue sheet for each program that is otherwise identical to another program if their musical content differs in any way contemplated by paragraph (1)(d) or otherwise.
(3) The cue sheet that CBC shall provide is that which is received by CBC from the person from whom CBC acquires the right to broadcast the program. CBC shall cooperate with CMRRA in any attempt by CMRRA to obtain cue sheets from third parties, regardless of whether such parties produced the programs.
10. No later than the first day of each month, CBC shall provide CMRRA with a copy of each service's broadcast schedule for the reference month and a broadcast report indicating, in relation to each program broadcast during the reference month, the following information:
- (a) the required information;
- (b) any additional information;
- (c) any other available information that could assist CMRRA in identifying the program and the musical works it contains;
- (d) the date, time, and duration of each broadcast of the program during the reference month; and
- (e) whether the program was simulcast.
11. At any time during the period set out in subsection 12(1), CMRRA may require the production of any contract granting rights referred to in paragraph (c) of the definition of "gross income," together with the billing or correspondence relating to the use of those rights by other parties, and CBC shall provide that information within 10 days after receiving a request in writing from CMRRA.
Records and Audits
12. (1) CBC shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the information set out in sections 8, 9, 10, and 11, any other information that must be provided under this tariff, and the amounts owed under this tariff, can be readily ascertained.
(2) CMRRA may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.
(3) CMRRA shall, upon receipt of the audit report, supply a copy to CBC.
(4) If an audit discloses that royalties due to CMRRA have been understated in any month by more than 10 per cent, CBC shall pay the reasonable costs of the audit within 30 days of a demand for such payment.
Breach and Termination
13. (1) If CBC fails to provide any information required under this tariff within five business days of the date on which the information is required, or to pay royalties within five business days of the date on which the royalties are due, it will not be entitled to do any of the acts described in section 3 as of the first day of the month in relation to which the information should have been provided or the royalties should have been paid, as the case may be, and until the information is provided and the royalties and any accrued interest are paid.
(2) If CBC fails to comply with any other provision of this tariff, it will not be entitled to do any of the acts described in section 3 as of five business days after CMRRA has notified CBC in writing of that failure and until CBC remedies that failure.
(3) If CBC becomes insolvent, commits an act of bankruptcy, makes an assignment for the benefit of its creditors, files for protection under the Companies' Creditors Arrangement Act or other comparable legislation in another jurisdiction, winds up its affairs, ceases to carry on business, or has a receiver/manager appointed for it or for a substantial part of its property, it will not be entitled to do any of the acts described in section 3 as of the day immediately preceding the day of the relevant occurrence.
Confidentiality
14. (1) Subject to subsections (2) and (3), CMRRA shall treat in confidence information received pursuant to this tariff, unless CBC consents in writing to the information being treated otherwise.
(2) CMRRA may share information referred to in subsection (1)
- (a) with the members of its board of directors, its employees, and its legal and financial advisors;
- (b) with any other collective in Canada that has secured a certified tariff applicable to television services;
- (c) with the Copyright Board;
- (d) in connection with proceedings before the Board, if CBC has first been provided with a reasonable opportunity to request a confidentiality order;
- (e) with any person who knows or is presumed to know the information;
- (f) to the extent required to effect the distribution of royalties, with royalty claimants; and
- (g) if ordered by law.
(3) Subsection (1) does not apply to information that is publicly available or to information obtained from someone other than CBC and who is not under an apparent duty of confidentiality to CBC.
Adjustments
15. Adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due.
Interest
16. (1) In the event that CBC does not pay the amount owed under section 8 or provide the information required by sections 8, 9, and 10 by the due date, CBC shall pay to CMRRA interest calculated on the amount owed from the due date until the date both the amount and the information are received by CMRRA. Interest shall be calculated daily, at a rate equal to one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
(2) In the event that CBC does not provide the information required by sections 8, 9, and 10 by the due date, CBC shall pay to CMRRA a late fee of $50.00 per day from the due date until the date the information is received by CMRRA.
Addresses for Notices, etc.
17. (1) Anything that CBC sends to CMRRA shall be sent to 56 Wellesley Street West, Toronto, Ontario M5S 2S3, email: tariffnotices@cmrra.ca, fax number: 416-926-7521, or to any other address, email address or fax number of which CBC has been notified in writing.
(2) Anything that CMRRA sends to CBC shall be sent to the last address, email address or fax number of which CMRRA has been notified in writing.
Delivery of Notices and Payments
18. (1) Subject to subsection (2), a notice may be delivered by hand, by postage-paid mail, by email, by fax, or by File Transfer Protocol (FTP). A payment must be delivered by hand, by postage-paid mail, or as otherwise agreed upon by CMRRA and CBC.
(2) Information provided pursuant to sections 8, 9, and 10 shall be provided electronically, in a format agreed upon by CMRRA and CBC.
(3) A notice or payment mailed in Canada shall be presumed to have been received four business days after the day it was mailed.
(4) A notice sent by fax, by email, or by FTP shall be presumed to have been received the day it was transmitted.
(5) All amounts required to be reported or paid under this tariff shall be reported or paid in Canadian dollars.