Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Concluding matters after membership expires

• 66.5 (1) A member of the Board whose term expires may conclude the matters that the member has begun to consider.

• Marginal note:Decisions

  (2) Matters before the Board shall be decided by a majority of the members of the Board and the presiding member shall have a second vote in the case of a tie.

Marginal note:Interim decisions

66.51 The Board may, on application, make an interim decision.

Marginal note:Variation of decisions

66.52 A decision of the Board respecting royalties or their related terms and conditions that is made under subsection 68(3), sections 68.1 or 70.15 or or subsections 70.2(2), 70.6(1), 73(1) or 83(8) may, on application, be varied by the Board if, in its opinion, there has been a material change in circumstances since the decision was made.

Marginal note:Regulations

• 66.6 (1) The Board may, with the approval of the Governor in Council, make regulations governing

  • (a) the practice and procedure in respect of the Board’s hearings, including the number of members of the Board that constitutes a quorum;

  • (b) the time and manner in which applications and notices must be made or given;

  • (c) the establishment of forms for the making or giving of applications and notices; and

  • (d) the carrying out of the work of the Board, the management of its internal affairs and the duties of its officers and employees.

• Marginal note:Publication of proposed regulations

  (2) A copy of each regulation that the Board proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be given to interested persons to make representations with respect thereto.

• Marginal note:Exception

  (3) No proposed regulation that has been published pursuant to subsection (2) need again be published under that subsection, whether or not it has been altered as a result of representations made with respect thereto.

Marginal note:General powers, etc.

• 66.7 (1) The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its decisions and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

• Marginal note:Enforcement of decisions

  (2) Any decision of the Board may, for the purposes of its enforcement, be made an order of the Federal Court or of any superior court and is enforceable in the same manner as an order thereof.

• Marginal note:Procedure

  (3) To make a decision of the Board an order of a court, the usual practice and procedure of the court in such matters may be followed or a certified copy of the decision may be filed with the registrar of the court and thereupon the decision becomes an order of the court.

• Marginal note:Effect of variation of decision

  (4) Where a decision of the Board that has been made an order of a court is varied by a subsequent decision of the Board, the order of the court shall be deemed to have been varied accordingly and the subsequent decision may, in the same manner, be made an order of the court.