Society of Composers, Authors and Music Publishers of Canada v. Canada ( Copyright Board )
T-2991-91 / T-108-92
MacKay J.
12/2/93
34 pp.
In 1991 applicant filed with Board proposed royalties for 1992 for public performance or communication by telecommunication of music-Published in Canada Gazette September 28 with notice prospective users or representatives could file written objection within 28 days-Board concerned reason lack of objections fact potential users unaware of proposed changes-Ordered applicant to send to all Tariff 13.B (concerning public performance of music on passenger ships) licensees notice in form specified by Board-Applicant seeking judicial review of decision on ground Board exceeded jurisdiction-Following publication by Board in 1991 of proposed royalties for 1992, and after deadline, Board received written objections, one of which from radio station CFMX-Directed applicant to make written replies to objections, even those received out of time-Subsequently Board granting CFMX intervenor status and permission to participate in information exchange-(1) Application to quash Board's decision requiring applicant to give notice to specified parties allowed; (2) application to quash Board's decision accepting for consideration submissions filed out of time dismissed; (3) application to quash decision granting intervenor status to CFMX dismissed-Together Coypright Act, ss. 66.6 and 66.7 now provide for formal process for development of regulations, i.e. rules of general application, and less formal process, left to Board's discretion, to deal with matters relating to hearings, gathering of evidence, enforcement of decisions and "other matters necessary and proper for the due exercise of its jurisdiction"-(1) Board free to seek comments from any source by own efforts, but not authorized to direct applicant to give notice to certain parties, current licensees subject to particular tariffs-While may be within Board's authority under s. 66.6(1) to provide by general regulation for notice to be given to current licensees by applicant seeking change in existing royalties, until does so, no authority to order user/objector who has filed objections to provide notice of its proposals, or objections, to any other party not before Board-Not "necessary or proper for the due exercise of its jurisdiction" within s. 67(1) in light of the particular process provided by statute for developing regulations relating to notice under s. 66.6(1)-(2) Submissions to Board from any source, or at any time, which are considered relevant to its role, including submissions in response to any notice Board might itself give to others, within authority and responsibility of Board to consider-Implicit in powers of Board as necessarily incidental to role under Act and consistent with Board's role to act in public interest-As Board having unusual authority to raise objections itself, submissions from any interested party, not only from prospective users who may file timely objections, may provide basis for Board's objections-But only formal objections under Act, or from Board itself, together with societies' statement, can frame issues to be resolved in fixing royalties charged to licensees-(3) Authority to grant intervenor status to parties judged to be in position to contribute to resolution of issues before Board, and authority to determine procedural rights of individual intervenors within implicit authority of Board as necessary incident in discharge of role in public interest-Implicit within terms of s. 66.7(1) as power in relation to "matters necessary and proper for due exercise of its jurisdiction"-May be users who have not filed timely objection or others whose particular interest would, in Board's opinion, warrant their involvement in its proceedings as intervenors-Board's authority to grant intervenor status distinguished from authority to direct applicant to give notice to others-Act silent re: former, but expressly providing for public notice and development of regulations in relation to notice-Copyright Act, R.S.C., 1985, c. C-42, ss. 2, 5, 66.6 (as enacted by R.S.C., 1985 (4th Supp.), c. 10, s. 12), 66.7 (as enacted idem), 67 (as am. idem), 67.1 (as enacted idem), 67.2 (as enacted idem)-Federal Court Rules, C.R.C., c. 663, RR. 324, 1618 (as am. by SOR/92-43, s. 19).