August 6, 2022
SUPPLEMENT Vol. 156, No. 32
OTTAWA, Saturday, August 6, 2022
Citation: 2022 CB 5-T
See also: SOCAN Tariff 3.A (2018-2024), 2022 CB 5
Published pursuant to section 70.1 of the Copyright Act
To perform, by means of performers in person, at any time and as often as desired in the years 2018-2024, any or all of the works in SOCAN’s repertoire, in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment is 3 per cent of the compensation for entertainment paid in the year covered by the tariff, subject to a minimum annual fee of $89.76 for the years 2018, 2019, 2022, 2023, and 2024, and of $44.88 for the years 2020 and 2021.
“Compensation for entertainment” means the total amounts paid by the user to, plus any other compensation received by, musicians, singers and all other performers, for entertainment of which live music forms part. It does not include expenditures for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than January 31 of the year for which the tariff applies, the user shall pay to SOCAN the estimated fee owing for that year, as follows. If any music was performed as part of entertainment in the previous year, the payment is based on the actual compensation paid for entertainment during that year, and accompanied by a report of the compensation paid for entertainment during that year. If no music was performed as part of entertainment in that year, the user shall file a report estimating the expected compensation for entertainment during the year for which the tariff applies and pay according to that report.
No later than January 31 of the following year, the user shall file with SOCAN a report of the actual compensation paid for entertainment during the previous year and an adjustment of the fee shall be made accordingly. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, including due to the reduction of the minimum fee by 50 per cent for the years 2020 and 2021, SOCAN shall credit the user with the amount of the overpayment.
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 fee payable by the user.
All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
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 one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.