Canada Gazette, Part I, Volume 159, Number 26: SUPPLEMENT 1

June 28, 2025

SUPPLEMENT 1 Vol. 159, No. 26

Canada Gazette

Part I

OTTAWA, Saturday, June 28, 2025

COPYRIGHT BOARD

CSI – Non-Commercial Radio Reproduction Tariff (2018)

Citation: CSI – Non-Commercial Radio (2018), 2025 CB 7-T-1
See also: CSI – Non-Commercial Radio (2018), 2025 CB 7

Published pursuant to section 70.1 of the Copyright Act

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

CSI – Non-Commercial Radio Reproduction Tariff (2018)

Definitions

1. In this tariff,

“copy”

means any format or material form on or in which a musical work in the repertoire is fixed by a non-commercial radio station by any known or to be discovered process; (« copie »)

“gross operating costs”

means all direct expenditures of any kind and nature (whether in money or other form) incurred by the non-commercial radio station or on its behalf in connection with the products and services covered by this tariff; (« dépenses brutes d’exploitation »)

“network”

means a network within the meaning of the Regulations Prescribing Networks (Copyright Act), SOR/99-348, Canada Gazette, Part II, Vol. 133, No. 19, p. 2166; (« réseau »)

“non-commercial radio station”

means any AM or FM radio station other than a Canadian Broadcasting Corporation radio station, licensed under the Broadcasting Act, S.C. 1991, c. 11, by the Canadian Radio-television and Telecommunications Commission as a station owned or operated by a not-for-profit corporation or organization, whether or not any part of its gross operating costs is funded by advertising revenues, including any station that is owned or operated on a not-for-profit basis, or any AM or FM radio station owned or operated by a similar corporation or organization, whether or not this organization holds a licence from the Canadian Radio-television and Telecommunications Commission; (« station de radio non commerciale »)

“repertoire”

means the musical works in CSI repertoire; (« répertoire »)

“reproduction”

means the fixation of a musical work by any known or to be discovered process, in any format or material form, including the fixation on the random access memory (RAM) or hard disk of a computer; (« reproduction »)

“simulcasting”

means the simultaneous, unaltered, real-time streaming of the over-the-air broadcast signal of the station, or of another station that is part of the same network as the station, via the Internet or other similar computer network; (« diffusion simultanée »)

“year”

means a calendar year. (« année »)

Application

2. (1) For the year 2018, this tariff sets the royalties for the reproduction, as often as desired, of musical works in the repertoire of CSI by a conventional, over-the-air non-commercial radio station for its radio broadcasting purposes, including simulcasting.

(2) This tariff does not cover the use of any copy made pursuant to subsection (1) in association with a product, service, cause or institution.

(3) This tariff does not apply to transmissions, other than simulcasts, of a musical work in the repertoire by means of Internet.

Royalties

3. (1) The annual royalties payable to CSI by a non-commercial radio station shall be as follows: 0.16% of the station’s first $625,000 of gross operating costs in the year for which the royalties are being paid, 0.31% of the station’s next $625,000 of such costs and 0.46% on the rest of such costs.

(2) All royalties payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

Payments, Accounts and Records

4. (1) Royalties payable by a non-commercial radio station to CSI for each calendar year shall be due on the 31st day of January of the year following the calendar year for which the royalties are being paid.

(2) With each payment, a non-commercial radio station shall forward to CSI a written, certified declaration of the actual gross operating costs of the non-commercial radio station.

(3) Upon receipt of a written request from CSI, a non-commercial radio station licensed in accordance with subsection 2(1) herein shall provide to CSI Canadian Radio-television and Telecommunications Commission (CRTC) logs with respect to all musical works broadcast by the station during the days selected by CSI. CSI must give 30 days’ notice for such a request and may formulate such a request no more than once a year, each time for a period of 12 days, which may not necessarily be consecutive. The non-commercial radio station shall then forward the information requested to CSI in electronic format where possible or in writing, within 15 days of the last day of the period indicated in CSI’s request.

(4) A non-commercial radio station that pays less than $2,000 per year in royalties will be required to submit the information described in subsection (3) for a period of only four days, which may not necessarily be consecutive.

(5) A non-commercial radio station shall keep and preserve, for a period of six months after the end of the period to which they relate, records from which the information set out in subsection (3) can be readily ascertained.

(6) A non-commercial radio station shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the information set out in subsection (2) can be readily ascertained.

(7) CSI may audit these accounts, records and logs at any time during the period set out in subsections (5) and (6), on reasonable notice and during normal business hours.

(8) CSI shall, upon receipt of a report of an audit, supply a copy of the report to the non-commercial radio station that was the object of the audit.

(9) If an audit discloses that royalties due to CSI have been understated in any year by more than 10%, the non-commercial radio station that was the object of the audit shall pay the reasonable costs of the audit within 30 days of the demand for such payment.

(10) 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.

(11) Adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an error or otherwise, shall be made within 30 days following the conclusion of an agreement to this effect with CSI.

Confidentiality

5. (1) Subject to subsections (2) and (3), CSI shall treat in confidence information received from a non-commercial radio station pursuant to this tariff, unless the non-commercial radio station consents in writing to the information being treated otherwise.

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

• (a) with the Copyright Board;
• (b) in connection with proceedings before the Copyright Board;
• (c) to the extent required to effect the distribution of royalties, with its royalty claimants; or
• (d) if ordered by law or by a court of law.

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

Delivery of Notices and Payments

6. (1) All notices and payments to CSI shall be sent by mail to 56 Wellesley Street West, Suite 320, Toronto, Ontario M5S 2S3, by email at csi@cmrra.ca, by fax at 416‑926‑7251, or to any other address or fax number of which the non-commercial radio station has been notified in writing.

(2) All communications from CSI to a non-commercial radio station shall be sent to the last address or fax number provided in writing by that non-commercial radio station to CSI.

(3) A communication or a notice may be delivered by hand, by postage-paid mail or by fax. A payment must be delivered by hand or by postage-paid mail.

(4) All communications, notices or payments mailed in Canada shall be presumed to have been received four business days after the day they were mailed. All communications or notices sent by fax shall be presumed to have been received the day they were transmitted.

Transitional Provision

7. Any amount due pursuant to this tariff shall be due no later than September 29, 2025, and shall be increased by using the multiplying interest factor (based on the Bank Rate) set out in the following table. Information required under section 4 shall be filed with the payment.

Table: Interest Factor by Year

Year	Factor
2018	1.1668