Retransmission Royalties Criteria Regulations (SOR/91-690) P.C. 1991-2344 28 November, 1991
His Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs and the Minister of Communications, pursuant to subsection 70.63(4)* of the Copyright Act, is pleased hereby to make the annexed Regulations respecting criteria for establishing a manner of determining royalties for the retransmission of distant signals.
*S.C. 1988, c.65, s.65
REGULATIONS RESPECTING CRITERIA FOR ESTABLISHING A MANNER OF DETERMINING ROYALTIES FOR THE RETRANSMISSION OF DISTANT SIGNALS SHORT TITLE 1. These Regulations may be cited as the Retransmission Royalties Criteria Regulations. CRITERIA 2. The criteria to which the Board must have regard in establishing under paragraph 70.63(1)(a) of the Copyright Act a manner of determining royalties that are fair and equitable are the following:
a) royalties paid for the retransmission of distant signals in the United States under the retransmission regime in the United States;
b) the effects on the retransmission of distant signals in Canada of the application of the Broadcasting Act and regulations made thereunder; and
c) royalties and related terms and conditions stipulated in written agreements in respect of royalties for the retransmission of distant signals in Canada that have been reached between collecting bodies and retransmitters and that are submitted to the Board in their entirety.