Copyright Proceedings

Crown not Immune from Tariffs in the Copyright Act
The Governments of the Provinces of Manitoba et al v. The Canadian Copyright Licensing Agency

The governments of a number of provinces sought judicial review of a decision of the Copyright Board of Canada dismissing their objection that the Board has no jurisdiction to establish a tariff regarding reprographic reproduction of copyrighted works in the repertoire of Access Copyright. The Court of Appeal dismissed the application.

Access Copyright filed proposed tariffs with the Board. The Applicants argued that the presumption of Crown immunity applies to them and thus, the Copyright Act does not bind them with respect to the tariffs. The Board dismissed this challenge and the Applicants sought judicial review in the within decision. The Court of Appeal considered the caselaw and the Interpretation Act and held that, to rebut the Interpretation Act, there must be clear Parliamentary intention to bind the Crown. The Court of Appeal held that, despite there not being an “expressly binding” clause at the beginning of the Copyright Act, other clauses within the Act point to only one logical and plausible conclusion: that Parliament intended the Crown to be bound by the Act

Other Industry News

Health Canada has announced a Draft Guidance Document: Disinfectant Drugs. The consultation is open for comment until June 2, 2013.

Health Canada has published a Notice: Classification of Non-medicated Eyewashes.

The PMPRB under the NPDUIS initiative (National Prescription Drug Utilization Information System) released two new analytical reports: The Use of Blood Glucose Test Strips in Select Public Drug Plans, 2008 and New Drug Pipeline Monitor - April 2013.


Beverley Moore

Chantal Saunders

Adrian J. Howard


Intellectual Property