As I indicated earlier, the schedule has been extended.
The June 15, 2011 "encouragement" from professor Katz that the Commissioner of Competition be asked to participate in the examination of the June 8, 2011 application by the Association of Universities and Colleges of Canada for the addition of a transactional licence in the Access Copyright Interim Post-Secondary Educational Institution Tariff, 2011-2013 is noted.
The Board is aware of section 125 of the Competition Act. Any resort to this provision in these proceedings would have to be at a much later stage, such as once the evidence and arguments of the parties have been filed. Asking the Commissioner to participate in the examination of an application to amend an interim tariff would be both unhelpful and disruptive.
It would be unhelpful because the Board’s policy with respect to interim tariffs in general, and this interim tariff in particular, is first and foremost to extend the status quo unless convinced to do otherwise. Some may wish to argue that the very state of affairs existing before the interim tariff was put in place raised competition issues. To the extent this is even relevant at this stage of the process, it can be addressed on the basis of the parties’ submissions.
It would be disruptive because interim matters should be dealt with "in an expeditious manner on the basis of evidence which would often be insufficient for the purposes of the final decision." [Bell Canada v. Canada (Canadian Radio-Television and Telecommunications Commission)  1 S.C.R. 1722] The participation of the Commissioner would achieve the opposite.
Secretary General | Secrétaire général
Copyright Board of Canada | Commission du droit d'auteur du Canada
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