Canada Gazette, Part I, Volume 159, Number 45: SUPPLEMENT 4

November 8, 2025

SUPPLEMENT 4 Vol. 159, No. 45

Canada Gazette

Part I

OTTAWA, Saturday, November 8, 2025

COPYRIGHT BOARD

SOCAN Tariff 16 – Background Music Suppliers (2012-2019)

Published pursuant to section 70.1 of the Copyright Act

Lara Taylor
Secretary General
1‑833‑860‑7131 (toll-free number)
1‑833‑369‑0396 (TTY)
registry-greffe@cb-cda.gc.ca (email)

SOCAN Tariff 16 – Background Music Suppliers (2012-2019)

Definitions

1. In this tariff,

“quarter”
means from January to March, from April to June, from July to September and from October to December. (« trimestre »)
“revenues”
means any amount paid by a subscriber to a supplier, net of any reasonable and verifiable amount paid by the subscriber for the equipment provided to him. (« recettes »)
“small cable transmission system”
has the meaning attributed to it in sections 3 and 4 of the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette, Part II, Vol. 128, page 4096), amended by SOR/2005-148 (Canada Gazette, Part II, Vol. 139, page 1195). (« petit système de transmission par fil »)
“supplier”
means a background music service supplier. (« fournisseur »)

Application

2. (1) This tariff sets the royalties payable in the years 2012-2019 by a supplier who communicates to the public by telecommunication works in SOCAN’s repertoire or authorizes a subscriber to perform such works in public as background music, including making such works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public, and including any use of music with a telephone on hold or by means of a television set.

(2) For greater certainty, this tariff does not apply to the

Royalties

3. (1) Subject to subsection (4), a supplier who communicates a work in SOCAN’s repertoire during a quarter pays to SOCAN 2.25% of revenues from subscribers who received such a communication during the quarter, subject to a minimum royalty of $1.50 per relevant premises.

(2) Subject to subsections (3) and (4), a supplier who authorizes a subscriber to perform in public a work in SOCAN’s repertoire during a quarter pays to SOCAN 7.5% of revenues from subscribers so authorized during the quarter, subject to a minimum royalty of $5 per relevant premises.

(3) A supplier who authorizes a subscriber to perform in public a work in SOCAN’s repertoire is not required to pay the royalties set out in subsection (2) to the extent that the subscriber complies with SOCAN Tariff 15.

(4) Royalties payable by a small cable transmission system are reduced by half.

Reporting Requirements

4. (1) No later than 60 days after the end of the quarter, the supplier shall pay the royalty for that quarter and shall report the information used to calculate the royalty.

(2) A supplier subject to subsection 3(1) shall provide with its payment the sequential lists of all musical works transmitted on the last seven days of each month of the quarter. Each entry shall mention the date and time of transmission, the title of the musical work, the name of the author and the composer of the work, the name of the performer or of the performing group, the running time, in minutes and seconds, the title of the record album, the record label, the Universal Product Code (UPC) and the International Standard Recording Code (ISRC).

(3) The information set out in subsection (2) is provided only if it is available to the supplier or to a third party from whom the supplier is entitled to obtain the information.

(4) A supplier subject to subsection 3(1) is not required to comply with subsection (2) with respect to any signal that is subject to the Pay Audio Services Tariff.

(5) A supplier subject to subsection 3(2) shall provide with its payment the name of each subscriber and the address of each premises for which the supplier is making a payment.

(6) Information provided pursuant to this section shall be delivered electronically, in plain text format or in any other format agreed upon by SOCAN and a supplier.

(7) A small cable transmission system is not required to comply with subsections (2) to (4).

Records and Audits

5. SOCAN shall have the right to audit the supplier’s books and records, on reasonable notice during normal business hours, to verify the statements rendered and the royalties payable by the supplier.

Taxes and Interest on Late Payments

6. All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

7. 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.

Confidentiality

8. (1) Subject to subsections (2) and (3), SOCAN shall treat in confidence information received pursuant to this tariff, unless the person who supplied the information consents in writing to the information being treated otherwise.

(2) SOCAN may share information referred to in subsection (1)

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than a supplier and who is not under an apparent duty of confidentiality to the supplier.