Thank you, Mr. Chair.
The Copyright Board is a quasi-judicial independent tribunal which establishes fees for the use of works that are protected by copyright. In almost all cases, the board's jurisdiction only applies to the rights managed by collective management organizations. The board facilitates the development and growth of the market that counts on copyright; it acts as a specialized, independent decision maker and protects public interests.
Subdivision H of division 7 of part 4, clauses 280 to 302, amends the Copyright Act to modernize the legislative framework in which the board operates so as to improve the timeliness, predictability and clarity of board proceedings by codifying the board's mandate, establishing decision-making criteria, modifying timelines, formalizing case management and modernizing the existing language and structure.
It also allows more collective societies to enter into agreements directly with users to ensure that the board is adjudicating matters only when needed.
Very quickly, I'll simply say that the board has been the subject of considerable study in both Houses as well as in research reports written by many, and the legislative amendments that we have set out today set out a number of important modernizations. As I indicated, there are clear rules and processes that provide the board with a clear mandate not only formalizing its de facto substantive mandate, which is to set fair and equitable rates, but also proposing amendments that would include a procedural mandate for the board to act as informally and expeditiously as the circumstances and considerations of fairness allow.
It will create clear criteria that require the board to consider two criteria in its decisions: what would be agreed upon between a willing buyer and a willing seller in a competitive market, and the public interest. It would empower case management, which has been demonstrated to be a highly effective tool to advance contested proceedings in a flexible and efficient manner.
It also sets out streamlined timelines, including earlier filing for longer duration. This is all aimed at ending the practice of retroactive tariffs. In the majority cases when the board sets tariffs, they are retroactive in nature, sometimes as many as four to six years retroactive, which obviously freezes capital, forces parties to hold on to significant sums, creates uncertainty and unpredictability in the marketplace and potentially deprives Canadian creators and the Canadian marketplace of new services.
The act sets the need for earlier filing for a longer duration, a modernized publication regime, a shorter opposition period and decision-making deadlines through a new regulatory power that would enable the Governor in Council to establish timelines or deadlines for how the board pursues its work.
It lets willing buyers and willing sellers come to agreements through direct negotiation between users and collectives for communication and public performance rights, but it also allows for individual dispute settlement to ensure there's no undue pressure for someone to enter into an agreement and that there's due process around that.
Finally, on enforcement and remedies, it maintains the current balance with regard to remedies. Existing statutory damages would continue to be available to collectives and their members in respect of communication and public performance.
With regard to filing and review of agreements, the existing mechanisms that allow either party to file agreements with the board to have them available for potential review would be extended.
Finally, on robust protection of the public interest, first of all, as I indicated, the board will be required to consider the public interest and the board plans, as its part of this modernization, to propose regulations that would formalize the ways for the public to be involved without having to incur the cost of full participation.
That is the modernization of the Copyright Board. I'm happy to take any questions.