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Copyright Board Commission du droit d’auteur

Canada Canada

[CB-CDA 2019-090]

NOTICE OF THE BOARD

December 18, 2019

File: Access Copyright - Post-Secondary Educational Institutions (2011-2014 and 2015-


2017)

On December 7, 2019, the Copyright Board published the Access Copyright Post-Secondary
Educational Institution Tariff, 2011-2014 (the “First Tariff”), and the Access Copyright Post-
Secondary Educational Institution Tariff, 2015-2017 (“the Second Tariff”). There are errors in
each of these tariffs, as published.

In the First Tariff, subsection 6(2) reads as follows:

6(2) The interest payable by an educational institution shall be the amount in (1), less any
federal or provincial taxes included therein, multiplied by the interest factors in the
following table:

Academic Year Interest Factor


2010-2011 1.1216
2011-2012 1.1092
2012-2013 1.0967
2013-2014 1.0842
2014-2015 1.0717

The correct table should be:

Academic Year Interest Factor


2010-2011 0.1216
2011-2012 0.1092
2012-2013 0.0967
2013-2014 0.0842
2014-2015 0.0717
-2-

Similarly, in the Second Tariff, subsection 6(2) reads as follows:

6(2) The interest payable by an educational institution shall be the amount in (1), less any
federal or provincial taxes included therein, multiplied by the interest factors in the
following table:

Academic Year Interest Factor


2014-2015 1.0717
2015-2016 1.0610
2016-2017 1.0535
2017-2018 1.0457

The correct table should be:

Academic Year Interest Factor


2014-2015 0.0717
2015-2016 0.0610
2016-2017 0.0535
2017-2018 0.0457

The errors would have led users to pay twice the amount of royalties as per the Tariffs, a result
that the Board manifestly did not intend.

A notice to that effect is scheduled to be published in the Canada Gazette on December 28,
2019.

Lara Taylor
Secretary General

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