Canada Gazette, Part I, Volume 156, Number 39: Supplement 3
September 24, 2022
SUPPLEMENT Vol. 156, No. 39
Canada Gazette
Part I
OTTAWA, Saturday, September 24, 2022
COPYRIGHT BOARD
SOCAN Tariff 12.A – Theme Parks, Ontario Place Corporation and Similar Operations (2023-2025)
SOCAN Tariff 12.B – Canada’s Wonderland and Similar Operations (2023-2025)
Citation: 2022 CB 15-T
See also: SOCAN Tariffs 12.A and 12.B (2023-2025), 2022 CB 15
Published pursuant to section 70.1 of the Copyright Act
Lara Taylor
Secretary General
613‑952‑8621 (telephone)
registry-greffe@cb-cda.gc.ca (email)
SOCAN TARIFF 12.A – THEME PARKS, ONTARIO PLACE CORPORATION AND SIMILAR OPERATIONS (2023-2025)
Royalties
For the performance, at any time and as often as desired in the years 2023 to 2025, of any or all of the works in SOCAN’s repertoire, at theme parks, Ontario Place Corporation and similar operations, the royalty payable is
- (a) $3.03 per 1 000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1 000;
PLUS
- (b) 1.5% of “live music entertainment costs.”
Terms and Conditions
“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the user or on the user’s behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than June 30 of the year covered by the tariff, the user shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50% of the estimated royalties. The balance of the estimated royalties is to be paid no later than October 1 of the same year.
No later than the earliest of 30 days of the close of the season and January 31 of the following year, the user shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the tariff. SOCAN shall then calculate the royalties and submit a statement of adjustments.
SOCAN shall have the right to audit the user’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the royalties payable by the user.
This tariff does not apply to music concerts for which a separate or additional admission charge is made in addition to any charge that may apply for entrance to the theme park.
Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
SOCAN TARIFF 12.B – CANADA’S WONDERLAND AND SIMILAR OPERATIONS (2023-2025)
Royalties
For the performance, at any time and as often as desired in the years 2023 to 2025, of any or all of the works in SOCAN’s repertoire, at Canada’s Wonderland and similar operations, the royalty payable is
- (a) $6.55 per 1 000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1 000;
PLUS
- (b) 1.5% of “live music entertainment costs.”
Terms and Conditions
“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the user or on the user’s behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than June 30 of the year covered by the tariff, the user shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50% of the estimated royalties. The balance of the estimated royalties is to be paid no later than October 1 of the same year.
No later than the earliest of 30 days of the close of the season and January 31 of the following year, the user shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the tariff. SOCAN shall then calculate the royalties and submit a statement of adjustments.
SOCAN shall have the right to audit the user’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the royalties payable by the user.
This tariff does not apply to music concerts for which a separate or additional admission charge is made in addition to any charge that may apply for entrance to the park.
Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.