It appears that it would be very surprising is there is not going to be an interim tariff in time for Christmas. The Board is certainly setting the stage for this. It could, however, rule against the interim tariff and there are many reasons why it should.
To the extent that this may be an unwelcome gift to some participants, they have to make their views known by December 10, 2010 and to make whatever points may be necessary and to submit whatever evidence may be necessary to sustain an application for judicial review (i.e. “appeal”), if they are so inclined.
HK
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From: "Gilles.McDougall@cb-cda.gc.ca"
Date: Fri, 3 Dec 2010 10:55:21 -0500
To: [addresses omitted]
Subject: Access Copyright Post-Secondary Educational Institutions Tariff (2011-2013)
RULING OF THE BOARD
The November 30, 2010, motion that Colleges Ontario be allowed to act as objector in these proceedings is denied. ACCC filed a timely objection as representative of certain institutions, including those Colleges Ontario now purports to represent. These institutions are not now entitled to split up from ACCC and continue to claim status as autonomous objectors, either individually or in groups. ACCC, not the institutions, is an objector in these proceedings.
Colleges Ontario remains free to apply for intervenor status in these proceedings. Given the number of participants, any application will need to state very clearly how its participation will be useful in this matter. The model directive on procedure provides more information on applications for intervenor status. It can be found at http://www.cb-cda.gc.ca/about-apropos/directive-e.html.
For reasons already explained in today's earlier Notice of the Board, the application of December 2, 2010 of Mr. Neufeldt on behalf of St. Mary's University College for a seven-week extension to the deadline to respond to Access Copyright's application for an interim tariff is denied.
Gilles McDougall
A/Secretary General | Secrétaire général par int.
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From: "Gilles.McDougall@cb-cda.gc.ca"
Date: Fri, 3 Dec 2010 09:17:01 -0500
To: [addresses omitted]
NOTICE OF THE BOARD
On Friday, November 26, 2010, participants were asked to respond no later than Monday, December 6, 2010 to the application of Access Copyright for an interim tariff.
On November 29, the Board was advised that ACCC had retained counsel with respect to the application for an interim decision. Counsel for ACCC asked a one week extension until Monday, December 13 to provide "meaningful written representations". That same day, AUCC informed the Board that it supported ACCC’s application and that it intended to co-ordinate its response to the application with ACCC. The following day, Access Copyright submitted that since both ACCC and AUCC had been provided with a copy of the application on or about October 13, 2010, the extension sought was unwarranted. Access Copyright did suggest a somewhat shorter extension, with a view to the Board receiving "meaningful written representations" that are coordinated as between the Objectors to the greatest extent possible, as proposed by AUCC.
The November 30, 2010 application by Mr. Katz that all participants be granted a period of at least 7 weeks to respond to the application is denied. Under the amended timelines, participants have two weeks to respond. This is not unreasonably short, when compared to the time allowed to deal with interim issues before other jurisdictions. The fact that two of the participants received early notice is not relevant. Access has now provided the precise amounts of royalties it believes should be inserted in an interim decision, as requested in the Board’s order of November 26, 2010. As a result, the issue raised by Mr. Katz in this respect is now moot. In any event, such a short delay in providing that information is not reason enough to postpone the examination of this matter. The relevant amounts can be derived from the documents already sent to all participants. The Board asked for that information out of an abundance of caution and to avoid unnecessary debates on the issue. Participants were therefore perfectly able to prepare their argument for or against an interim tariff even though they only got the information today.
The November 30, application of Colleges Ontario will be addressed separately.
Participants have until Friday, December 10 to respond to the application for an interim tariff. Access Copyright may reply to these comments no later than Wednesday, December 15.
Gilles McDougall
A/Secretary General | Secrétaire général par int.
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