Copyright Board Modernizes Royalty Tariff-Setting Procedures For Users

In May 2023, the Copyright Board of Canada (the "Board") announced its completion of Phase 1 of its Modernization Initiative.¹ Particularly, Phase 1 had included the Board's implementation of the new Rules of Practice and Procedure (the "Rules") aimed at creating a more efficient royalty tariff-setting procedure for collective societies² and copyright users, which came into effect on March 1, 2023.³ The Rules reflect the Board's commitment towards improving the expeditiousness of the tariff-setting process, increasing transparency on Board engagement, and enhancing access to justice for users, all of which constitute key parts of the Board's Modernization Initiative.

The new Rules come as a welcomed change designed to improve the current backlog of tariff decisions before the Board. The promised efficiency in the Rules also benefit more complex proceedings that can include discovery of the issues through a lengthy and convoluted interrogatory process.⁴ The new