CONSOLIDATION

Educational Program, Work and Other Subject-matter Recordkeeping Regulations

SOR/2001-296

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Educational Program, Work and Other Subjectmatter Record-keeping Regulations

Interpretation

Application

General Provisions

Marking of Copy

Recording of Information

Destruction of Copy

Sending of Information Record

Retention of Information Record

Coming into Force SCHEDULE

Current to June 20, 2022

ii

Registration SOR/2001-296

August 1, 2001

COPYRIGHT ACT Educational Program, Work and Other Subjectmatter Record-keeping Regulations

P.C. 2001-1404

August 1, 2001

The Copyright Board, pursuant to subsection 29.9(2)a of the Copyright Act, hereby makes the annexed Educational Program, Work and Other Subject-matter Record-keeping Regulations. Ottawa, July 18, 2001 Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 29.9(2)a of the Copyright Act, hereby approves the making by the Copyright Board of the annexed Educational Program, Work and Other Subject-matter Record-keeping Regulations.

a

S.C. 1997, c. 24, s. 18(1)

Current to June 20, 2022

Educational Program, Work and Other Subject-matter Record-keeping Regulations

Interpretation 1 The definitions in this section apply in these Regulations. Act means the Copyright Act. (Loi) collective society means a collective society that carries on the business of collecting the royalties referred to in subsection 29.6(2) or 29.7(2) or (3) of the Act under a tariff that has been certified as an approved tariff pursuant to paragraph 73(1)(d) of the Act. (société de gestion) copy identifier means the number or other reference code assigned to the copy of a program, work or subjectmatter in accordance with section 3. (code d’identification de l’exemplaire) educational institution identifier means the number or other reference code assigned to an educational institution in accordance with section 4. (code d’identification de l’établissement d’enseignement) institution means an educational institution or a person acting under its authority. (établissement)

Application 2 These Regulations apply in respect of (a) copies of news programs and news commentary

programs that are made pursuant to paragraph 29.6(1)(a) of the Act; and (b) copies of works and other subject-matter that are

made pursuant to paragraph 29.7(1)(a) of the Act.

General Provisions 3 An institution shall assign a number or other reference

code to every copy of a program, work or subject-matter that it makes.

Current to June 20, 2022

Educational Program, Work and Other Subject-matter Record-keeping Regulations General Provisions Sections 4-7

4 A collective society may assign a number or other reference code to an educational institution.

Marking of Copy 5 An institution that makes a copy of a program, work or

subject-matter shall mark on the copy, or on its container, the copy identifier and, if applicable, the educational institution identifier.

Recording of Information 6 (1) Subject to subsection (2), an institution that makes a copy of a program, work or subject-matter shall complete, in a legible manner, an information record in the form set out in the schedule regarding (a) the copying of the program, work or subject-matter; (b) all performances in public of the copy for which royalties are payable under subsection 29.6(2) or 29.7(2) or (3) of the Act; and (c) the destruction of the copy. (2) Subsection (1) does not apply to the copy of a program made pursuant to paragraph 29.6(1)(a) of the Act if the copy is destroyed, in a manner that complies with section 7, within 72 hours after the making of the copy.

Destruction of Copy 7 Destruction of a copy of a program, work or subjectmatter shall be accomplished by (a) destroying the medium onto which the program, work or subject-matter was copied; or (b) erasing the copy of the program, work or subjectmatter from the medium.

Current to June 20, 2022

Educational Program, Work and Other Subject-matter Record-keeping Regulations Sending of Information Record Sections 8-10

Sending of Information Record 8 (1) Subject to subsection (2), an institution shall send

to each collective society (a) within 30 days after the date on which the Board first certifies a tariff as an approved tariff pursuant to paragraph 73(1)(d) of the Act, a copy of every information record on which entries have been made during the period between the date on which these Regulations come into force and the date on which the tariff was certified; and (b) after that, on or before January 31, May 31 and September 30 in each year, a copy of every information record on which entries have been made during the four months preceding the month in which the record is sent. (2) Once a copy of a program, work or subject-matter has been destroyed, the institution may send the original information record in respect of the copy to a collective society.

Retention of Information Record 9 An institution shall retain the original information record in respect of a copy of a program, work or subjectmatter until two years after the copy is destroyed unless, during that time, the institution sends the original information record to a collective society.

Coming into Force 10 These Regulations come into force on the 30th day after the day on which they are registered.

Current to June 20, 2022

Educational Program, Work and Other Subject-matter Record-keeping Regulations SCHEDULE

SCHEDULE (Subsection 6(1))

Information Record Educational Institution identifier (if assigned): Name and address of institution:

Contact name: Telephone:

Facsimile:

Details of Program, Work or Subject-matter Copy identifier: Title of program, work or subject-matter: Other identifying information:

[e.g. episode title, su Duration of segment copied: Date of broadcast (yy/mm/dd):

Name, network, call sign or other identifier of the broadcaste

Record of Public Performances

(List only performances for w yy/mm/dd

(Use separate sheet to list

Record of Destruction I certify that the copy of the program, work or subject-matter Name: Signature:

Current to June 20, 2022

Title:

Date of

Educational Program, Work and Other Subject-matter Record-keeping Regulations SCHEDULE (French)

ANNEXE (paragraphe 6(1))

Fiche de renseignements

Code d’identification de l’établissement d’enseignement, le c Nom et adresse de l’établissement :

Personne-ressource : No de téléphone :

No de télécopieur :

Renseignements sur l’émission, l’œuvre ou l’objet du droit d’au Code d’identification de l’exemplaire : Titre de l’émission, œuvre ou autre objet du droit d’auteur : Autres

renseignements

permettant

d’identifier

l’ém

[p. ex. : titre d’épisode, sujet, description, titre de chanson] Durée du segment reproduit : Date de diffusion (aa/mm/jj) : Autres renseignements permettant d’identifier le diffuseur :

Exécutions en public

(Énumérer uniquement les exécutions a aa/mm/jj

(Énumérer les exécutions supplé

Attestation de destruction

J’atteste que l’exemplaire de l’émission, l’œuvre ou l’objet du Nom : Signature :

Current to June 20, 2022

Titre :

Date d

